[Congressional Record Volume 158, Number 129 (Friday, September 21, 2012)]
[Senate]
[Page S6629]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WYDEN (for himself and Mr. Merkley):
  S. 3610. A bill to amend the Internal Revenue Code of 1986 to deny 
the inclusion of any antidumping or countervailing duties in the 
determination of the basis of any energy tax credit property; to the 
Committee on Finance.
  Mr. WYDEN. Mr. President, I rise today to sponsor two important 
pieces of legislation. My colleagues in this body are all aware of the 
challenges that American manufacturers struggle with in the global 
market. A particular challenge faces producers of renewable energy 
technology. Not only do these producers compete against decades of 
government subsidies provided to the oil and gas industry, these 
manufacturers are increasingly competing against China's unfair trade 
practices.
  As my colleagues know, the record is clear that China is cheating. 
China is illegally subsidizing their producers of solar and wind energy 
technology. China is enabling solar panels and wind energy property to 
be sold in the U.S. at below market value due to the government 
subsidies they are provided by China.
  The Department of Commerce is investigating these practices. The 
Department has already found specific practices employed by China that 
are against international trade rules. As a result the government will 
soon assign antidumping and countervailing duties on solar panels, for 
example, as they have been determined by the Department of Commerce to 
be unfairly traded.
  The first measure that I sponsored today is very simple. The 
Investment Tax Credit Integrity Act, S. 3610, would simply say for 
purposes of the tax credit that American buyers of solar panels and 
other qualifying renewable energy can claim, taxpayers cannot use the 
tax credit to offset the antidumping and countervailing duties that are 
assigned to this merchandise. As you know, the rate of these duties is 
designed to remedy the unfair trade that was exposed; it would be 
counterproductive to allow the Investment Tax Credit to undermine the 
purpose of these duties.
  The second measure that I filed today, S. 3611, is equally important. 
The Buy Fairly Traded Goods Act says that federal agencies should not, 
with taxpayer money, buy merchandise, like Chinese subsidized solar 
panels, that are subject to U.S. duties assigned to remedy the unfair 
trade practices. Taxpayer money should not be used to buy property that 
the Department of Commerce has determined is unfairly traded and which 
is shown to harm U.S. manufacturers. This measure is written so there 
may be limited exceptions in the event of a national security issue, 
and it is crafted to comply with America's international trade 
obligations. Importantly, this bill also instructs federal agencies to 
use their contracting power to ensure that developers who are producing 
renewable energy for use by the federal government do not buy property 
for that purpose that is subject to trade remedies.
  I am pleased that Senator Merkley has joined me in sponsoring these 
proposals. Mr. Merkley has a strong record for standing up for American 
businesses and the workers who are struggling during these difficult 
times due to the unscrupulous trade practices employed by the People's 
Republic of China.
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