[Congressional Record Volume 161, Number 77 (Tuesday, May 19, 2015)]
[Senate]
[Pages S3078-S3079]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1374. Ms. KLOBUCHAR submitted an amendment intended to be proposed
to amendment SA 1221 proposed by Mr. Hatch to the bill H.R. 1314, to
amend the Internal Revenue Code of 1986 to provide for a right to an
administrative appeal relating to adverse determinations of tax-exempt
status of certain organizations; which was ordered to lie on the table;
as follows:
At the end, add the following:
TITLE III--TRADE ENFORCEMENT
SEC. 301. MODIFICATION OF FACTORS CONSIDERED IN FINAL
DETERMINATION IN ANTIDUMPING OR COUNTERVAILING
DUTY INVESTIGATION IN CASE OF AN ALLEGATION OF
CRITICAL CIRCUMSTANCES.
(a) Countervailing Duties.--Clause (ii) of section
705(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C.
1671d(b)(4)(A)) is amended to read as follows:
``(ii) Likely to seriously undermine the remedial effect of
a countervailing duty order.--
``(I) In general.--The Commission shall find under clause
(i) that imports of subject merchandise subject to the
affirmative determination under subsection (a)(2) are likely
to undermine seriously the remedial effect of the
countervailing duty order to be issued under section 706 if
the Commission determines that imports of such merchandise
after the filing of the petition under this subtitle
substantially weaken the remedial effect of any subsequent
countervailing duty order.
``(II) Factors in determination.--In making a determination
under subclause (I) with respect to imports of subject
merchandise described in that subclause, the Commission shall
consider, based on the facts available, the following:
``(aa) An increase in the market share in the United States
of imports of such merchandise after the filing of the
petition.
``(bb) An increase in underselling of the domestic like
product by imports of such merchandise, in terms of frequency
or magnitude, after the filing of the petition.
``(cc) A significant buildup of inventories of imports of
such merchandise in the United States, whether held by United
States importers, purchasers, or end users, after the filing
of the petition.
``(dd) A weakening of the industry of the domestic like
product after the filing of the petition.
``(ee) Any other circumstances indicating that, after the
filing of the petition, imports of such merchandise
substantially weaken the remedial effect of the
countervailing duty order.
``(III) Assessment of competition.--The Commission shall
consider items (aa) through (ee) of subclause (II) based on
the particular conditions of competition in the relevant
industry.
``(IV) Time period.--The period of time evaluated in making
a determination under subclause (I) shall not include any
period after the issuance of the preliminary determination by
the administering authority under section 703(b) with respect
to the subject merchandise.''.
(b) Antidumping Duties.--Clause (ii) of section
735(b)(4)(A) of the Tariff Act of 1930 (19 U.S.C.
1673d(b)(4)(A)) is amended to read as follows:
``(ii) Likely to seriously undermine the remedial effect of
an antidumping duty order.--
``(I) In general.--The Commission shall find under clause
(i) that imports of subject merchandise subject to the
affirmative determination under subsection (a)(3) are likely
to undermine seriously the remedial effect of the antidumping
duty order to be issued under section 736 if the Commission
determines that imports of such merchandise after the filing
of the petition under this subtitle substantially weaken the
remedial effect of any subsequent antidumping duty order.
``(II) Factors in determination.--In making a determination
under subclause (I) with respect to imports of subject
merchandise described in that subclause, the Commission shall
consider, based on the facts available, the following:
``(aa) An increase in the market share in the United States
of imports of such merchandise after the filing of the
petition.
``(bb) An increase in underselling of the domestic like
product by imports of such merchandise, in terms of frequency
or magnitude, after the filing of the petition.
``(cc) A significant buildup of inventories of imports of
such merchandise in the United States, whether held by United
States importers, purchasers, or end users, after the filing
of the petition.
``(dd) A weakening of the industry of the domestic like
product after the filing of the petition.
``(ee) Any other circumstances indicating that, after the
filing of the petition, imports of such merchandise
substantially weaken the remedial effect of the antidumping
duty order.
``(III) Assessment of competition.--The Commission shall
consider items (aa) through (ee) of subclause (II) based on
the particular conditions of competition in the relevant
industry.
``(IV) Time period.--The period of time evaluated in making
a determination under subclause (I) shall not include any
period after the issuance of the preliminary determination by
the administering authority under section 733(b) with respect
to the subject merchandise.''.
SEC. 302. MODIFICATION OF DETERMINATION OF THREAT OF MATERIAL
INJURY BASED ON IMMINENT FUTURE IMPORTS IN
ANTIDUMPING OR COUNTERVAILING DUTY
INVESTIGATION.
Section 771(7)(F) of the Tariff Act of 1930 (19 U.S.C.
1677(7)(F)) is amended by adding at the end the following:
``(iv) Effect of imminent future imports.--
``(I) In general.--Subject to subclauses (II) and (III),
the Commission may determine under this subparagraph that an
industry in the United States is threatened with material
injury by reason of imports (or sales for importation) of the
subject merchandise notwithstanding the results of an
evaluation under subparagraph (C)(iii) with respect to the
effect of imports of the subject merchandise on that industry
if the Commission determines that imminent future imports of
the subject merchandise will likely lead to a change of
circumstances concerning the state of that industry.
``(II) Future performance estimate.--The Commission shall
determine under this subparagraph that an industry in the
United States is threatened with material injury if the
performance of that industry is likely to be materially worse
than it would have been in the absence of the likely volume
of imports of subject merchandise in the imminent future.
``(III) Foreign projections.--With respect to considering
economic factors described in clause (i)(II), in a case in
which production capacity in or exports to the United States
from the exporting country are projected by foreign producers
to decline in the imminent future and such projection is
contrary to information examined by the Commission in the
investigation, such projection shall require verification or
independent corroboration before being considered under this
subparagraph.''.
SEC. 303. PREVENTION OF DUTY EVASION THROUGH IDENTIFICATION
OF PERSONS AND COUNTRIES RESPONSIBLE FOR
VIOLATIONS OF THE CUSTOMS LAWS.
(a) Identification of Certain Persons Who Violate the
Customs Laws.--
(1) In general.--The Secretary may publish semi-annually in
the Federal Register a list of any producer, manufacturer,
supplier, seller, exporter, or other person located outside
the customs territory of the United States to which the
Commissioner has issued a penalty claim under section
592(b)(2) of the Tariff Act of 1930 (19 U.S.C. 1592(b)(2))
citing any of the violations of the customs laws described in
paragraph (3).
(2) Effect of petition for remission or mitigation.--If a
person to which a penalty claim described in paragraph (1) is
issued files a petition for remission or mitigation under
section 618 of that Act (19 U.S.C. 1618) with respect to the
penalty claim, the Secretary may not include the person on a
list published under paragraph (1) until a final
determination is made under such section 618.
(3) Violations.--
(A) In general.--The violations of the customs laws
described in this paragraph are the following:
(i) Using documentation, or providing documentation
subsequently used by the importer of record, that indicates a
false or fraudulent country of origin or source of goods
described in subparagraph (B) being entered into the customs
territory of the United States.
(ii) Using counterfeit visas, licenses, permits, bills of
lading, commercial invoices, packing lists, certificates of
origin, or similar documentation, or providing counterfeit
visas, licenses, permits, bills of lading, commercial
invoices, packing lists, certificates of origin, or similar
documentation subsequently used by the importer of record,
with respect to the entry into the customs territory of the
United States of goods described in subparagraph (B).
(iii) Manufacturing, producing, supplying, or selling goods
described in subparagraph (B) that are falsely or
fraudulently labeled as to country of origin or source.
[[Page S3079]]
(iv) Engaging in practices that aid or abet the
transshipment, through a country other than the country of
origin, of goods described in subparagraph (B), in a manner
that conceals the true origin of the goods or permits the
evasion of quotas or duties on, or voluntary restraint
agreements with respect to, imports of the goods.
(B) Goods described.--Goods described in this subparagraph
are--
(i) textile or apparel goods; or
(ii) goods subject to antidumping or countervailing duty
orders under title VII of the Tariff Act of 1930 (19 U.S.C.
1671 et seq.).
(4) Removal from list.--Any person included on a list
published under paragraph (1) may petition the Secretary to
be removed from the list. If the Secretary finds that the
person has not committed any violations of the customs laws
described in paragraph (3) for a period of not less than 3
years after the date on which the person was included on the
list, the Secretary shall remove the person from the list as
of the next publication of the list under paragraph (1).
(5) Reasonable care required for subsequent imports.--
(A) Responsibility of importers and others.--After a person
has been included on a list published under paragraph (1),
the Secretary shall require any importer of record entering,
introducing, or attempting to introduce into the commerce of
the United States any goods described in paragraph (3)(B)
that were either directly or indirectly produced,
manufactured, supplied, sold, exported, or transported by the
person on the list to show, to the satisfaction of the
Secretary, that such importer has exercised reasonable care
to ensure that those goods are accompanied by documentation,
packaging, and labeling that are accurate as to the origin of
those goods. Such reasonable care shall not include reliance
solely on information provided by the person on the list.
(B) Failure to exercise reasonable care.--If the
Commissioner determines that an imported good is not from the
country claimed on the documentation accompanying the good,
the failure to exercise reasonable care described in
subparagraph (A) shall be considered when the Commissioner
determines whether the importer of record is in violation of
section 484(a) of the Tariff Act of 1930 (19 U.S.C. 1484(a))
or regulations issued under that section.
(b) Identification of High-risk Countries.--
(1) In general.--The President may publish annually in the
Federal Register a list of countries--
(A) in which illegal activities have occurred involving
transshipped goods or activities designed to evade quotas or
duties of the United States on goods; and
(B) the governments of which fail to demonstrate a good
faith effort to cooperate with United States authorities in
ceasing such activities.
(2) Removal from list.--Any country that is on the list
published under paragraph (1) that subsequently demonstrates
a good faith effort to cooperate with United States
authorities in ceasing activities described in that paragraph
shall be removed from the list, and such removal shall be
published in the Federal Register as soon as practicable.
(3) Reasonable care required for subsequent imports.--
(A) Responsibility of importers of record.--The Secretary
of Homeland Security shall require any importer of record
entering, introducing, or attempting to introduce into the
commerce of the United States goods indicated, on the
documentation, packaging, or labeling accompanying such
goods, to be from any country on the list published under
paragraph (1) to show, to the satisfaction of the Secretary,
that the importer, consignee, or purchaser has exercised
reasonable care to identify the true country of origin of the
good.
(B) Failure to exercise reasonable care.--If the
Commissioner determines that a good described in subparagraph
(A) is not from the country claimed on the documentation
accompanying the good, the failure to exercise reasonable
care under that subparagraph shall be considered when the
Commissioner determines whether the importer of record is in
violation of section 484(a) of the Tariff Act of 1930 (19
U.S.C. 1484(a)) or regulations issued under that section.
(c) Definitions.--In this section:
(1) Commissioner.--The term ``Commissioner'' means the
Commissioner responsible for U.S. Customs and Border
Protection.
(2) Country.--The term ``country'' means a foreign country
or territory, including any overseas dependent territory or
possession of a foreign country.
(3) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
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