[Congressional Record Volume 158, Number 35 (Monday, March 5, 2012)]
[Senate]
[Pages S1375-S1376]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
APPLYING THE COUNTERVAILING DUTY PROVISIONS OF THE TARIFF ACT OF 1930
TO NONMARKET ECONOMY COUNTRIES
Mr. REID. Mr. President, I ask unanimous consent the Senate proceed
to S. 2153.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The clerk will report the bill by title.
The legislative clerk read as follows:
A bill (S. 2153) to apply the countervailing duty
provisions of the Tariff Act of 1930 to nonmarket economy
countries, and for other purposes.
There being no objection, the Senate proceeded to consider the bill.
Mr. REID. Mr. President, I ask unanimous consent the bill be read
three times and passed; that when the Senate receives H.R. 4105 and, if
it is identical to the text of S. 2153, the Senate proceed to the
immediate consideration of H.R. 4105, the bill be read a third time and
passed, with no amendment in order prior to passage; that the motion to
reconsider be laid on the table, with no intervening action or debate,
and any statements be printed in the Record.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
The bill (S. 2153) was ordered to be engrossed for a third reading,
was read the third time and passed, as follows:
S. 2153
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. APPLICATION OF COUNTERVAILING DUTY PROVISIONS TO
NONMARKET ECONOMY COUNTRIES.
(a) In General.--Section 701 of the Tariff Act of 1930 (19
U.S.C. 1671) is amended by adding at the end the following:
``(f) Applicability to Proceedings Involving Nonmarket
Economy Countries.--
``(1) In general.--Except as provided in paragraph (2), the
merchandise on which countervailing duties shall be imposed
under subsection (a) includes a class or kind of merchandise
imported, or sold (or likely to be sold) for importation,
into the United States from a nonmarket economy country.
``(2) Exception.--A countervailing duty is not required to
be imposed under subsection (a) on a class or kind of
merchandise imported, or sold (or likely to be sold) for
importation, into the United States from a nonmarket economy
country if the administering authority is unable to identify
and measure subsidies provided by the government of the
nonmarket economy country or a public entity within the
territory of the nonmarket economy country because the
economy of that country is essentially comprised of a single
entity.''.
(b) Effective Date.--Subsection (f) of section 701 of the
Tariff Act of 1930, as added by subsection (a) of this
section, applies to--
(1) all proceedings initiated under subtitle A of title VII
of that Act (19 U.S.C. 1671 et seq.) on or after November 20,
2006;
(2) all resulting actions by U.S. Customs and Border
Protection; and
(3) all civil actions, criminal proceedings, and other
proceedings before a Federal court relating to proceedings
referred to in paragraph (1) or actions referred to in
paragraph (2).
[[Page S1376]]
SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PROCEEDINGS
RELATING TO IMPORTS FROM NONMARKET ECONOMY
COUNTRIES.
(a) In General.--Section 777A of the Tariff Act of 1930 (19
U.S.C. 1677f 1) is amended by adding at the end the
following:
``(f) Adjustment of Antidumping Duty in Certain Proceedings
Relating to Imports From Nonmarket Economy Countries.--
``(1) In general.--If the administering authority
determines, with respect to a class or kind of merchandise
from a nonmarket economy country for which an antidumping
duty is determined using normal value pursuant to section
773(c), that--
``(A) pursuant to section 701(a)(1), a countervailable
subsidy (other than an export subsidy referred to in section
772(c)(1)(C)) has been provided with respect to the class or
kind of merchandise,
``(B) such countervailable subsidy has been demonstrated to
have reduced the average price of imports of the class or
kind of merchandise during the relevant period, and
``(C) the administering authority can reasonably estimate
the extent to which the countervailable subsidy referred to
in subparagraph (B), in combination with the use of normal
value determined pursuant to section 773(c), has increased
the weighted average dumping margin for the class or kind of
merchandise,
the administering authority shall, except as provided in
paragraph (2), reduce the antidumping duty by the amount of
the increase in the weighted average dumping margin estimated
by the administering authority under subparagraph (C).
``(2) Maximum reduction in antidumping duty.--The
administering authority may not reduce the antidumping duty
applicable to a class or kind of merchandise from a nonmarket
economy country under this subsection by more than the
portion of the countervailing duty rate attributable to a
countervailable subsidy that is provided with respect to the
class or kind of merchandise and that meets the conditions
described in subparagraphs (A), (B), and (C) of paragraph
(1).''.
(b) Effective Date.--Subsection (f) of section 777A of the
Tariff Act of 1930, as added by subsection (a) of this
section, applies to--
(1) all investigations and reviews initiated pursuant to
title VII of that Act (19 U.S.C. 1671 et seq.) on or after
the date of the enactment of this Act; and
(2) subject to subsection (c) of section 129 of the Uruguay
Round Agreements Act (19 U.S.C. 3538), all determinations
issued under subsection (b)(2) of that section on or after
the date of the enactment of this Act.
Mr. REID. Mr. President, this is an extremely important piece of
legislation we just adopted. It has had bipartisan support and we were
able to do it quickly. We had hoped the House--and I am confident they
will--would follow our example in passing this bill quickly.
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