[Congressional Record Volume 168, Number 158 (Thursday, September 29, 2022)]
[Senate]
[Pages S5829-S5833]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 6335. Mr. BROWN (for himself and Mr. Portman) submitted an
amendment intended to be proposed to amendment SA 5499 submitted by Mr.
Reed (for himself and Mr. Inhofe) and intended to be proposed to the
bill H.R. 7900, to authorize appropriations for fiscal year 2023 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:
At the end of division A, add the following:
TITLE XVII--IMPROVEMENTS TO ANTIDUMPING AND COUNTERVAILING DUTY LAWS
SEC. 1701. SHORT TITLE.
This title may be cited as the ``Eliminating Global Market
Distortions To Protect American Jobs Act of 2022''.
Subtitle A--Successive Investigations
SEC. 1711. ESTABLISHMENT OF SPECIAL RULES FOR DETERMINATION
OF MATERIAL INJURY IN THE CASE OF SUCCESSIVE
ANTIDUMPING AND COUNTERVAILING DUTY
INVESTIGATIONS.
(a) In General.--Section 771(7) of the Tariff Act of 1930
(19 U.S.C. 1677(7)) is amended--
(1) by redesignating subparagraphs (E) through (J) as
subparagraphs (F) through (K), respectively;
(2) in subparagraph (I), as redesignated by paragraph (1)--
(A) by striking ``subparagraph (G)(ii)'' and inserting
``subparagraph (H)(ii)''; and
(B) by striking ``subparagraph (F)'' and inserting
``subparagraph (G)''; and
(3) by inserting after subparagraph (D) the following:
``(E) Special rules for successive investigations.--
``(i) In general.--
``(I) Evaluation of impact on domestic industry.--In
evaluating the impact of imports of the merchandise on
producers of domestic like products under subparagraph
(C)(iii), the Commission shall--
``(aa) assess the condition of the domestic industry as
found in a recently completed investigation;
``(bb) assess the effect of a concurrent investigation or
recently completed investigation on trade and the financial
performance of the domestic industry, including whether the
imports are likely to lead to the continuation or recurrence
of material injury determined by the Commission in any
concurrent investigation or recently completed investigation;
and
[[Page S5830]]
``(cc) take into account and include in the record any
prior injury determinations by the Commission with respect to
imports of the merchandise, including the volume, price
effect, and impact of those imports on the domestic industry
as determined in a concurrent investigation or recently
completed investigation.
``(II) Effect of recent improvement on material injury
determination.--For the purposes of this subparagraph, the
Commission may not find that there is no material injury or
threat of material injury to a domestic industry based on
recent improvements in the industry's performance, such as an
increase in sales, market share, or profitability of domestic
producers, that are related to relief granted pursuant to a
concurrent investigation or recently completed investigation.
``(ii) Retroactive application of final determination.--
``(I) In general.--In making any finding under section
705(b)(4)(A) or 735(b)(4)(A) in a successive investigation,
the Commission shall consider whether a concurrent
investigation or recently completed investigation contributes
to the likelihood that the remedial effect of the
countervailing duty order to be issued under section 706 or
the antidumping duty order to be issued under section 736
will be seriously undermined.
``(II) Burden of persuasion.--The respondent in a
successive investigation shall have the burden of persuasion
with respect to whether--
``(aa) imports subject to an affirmative determination
under subsection (a) of section 705 have not met the standard
for retroactive application under subsection (b)(4)(A) of
that section; or
``(bb) imports subject to an affirmative determination
under subsection (a) of section 735 have not met the standard
for retroactive application under subsection (b)(4)(A) of
that section.''.
(b) Definitions.--Section 771 of the Tariff Act of 1930 (19
U.S.C. 1677) is amended by adding at the end the following:
``(37) Treatment of successive investigations.--For
purposes of sections 702(f), 732(f), 771(7)(E), and 784:
``(A) Concurrent investigation.--The term `concurrent
investigation' means an ongoing investigation in which an
affirmative determination under section 703(a) or 733(a) has
been made by the Commission with respect to imports of a
class or kind of merchandise that are the same or similar to
imports of a class or kind of merchandise from another
country that are the subject of a successive investigation.
``(B) Recently completed investigation.--The term `recently
completed investigation' means a completed investigation in
which an affirmative determination under section 705(b) or
735(b) was issued by the Commission with respect to imports
of a class or kind of merchandise that are the same or
similar to imports of a class or kind of merchandise from
another country that are the subject of a successive
investigation not more than 2 years before the date of
initiation of the successive investigation.
``(C) Successive investigation.--The term `successive
investigation' means an investigation that has been initiated
by the administering authority following a petition filed
pursuant to section 702(f) or 732(f).''.
SEC. 1712. INITIATION OF SUCCESSIVE ANTIDUMPING AND
COUNTERVAILING DUTY INVESTIGATIONS.
(a) Countervailing Duty Investigation.--Section 702 of the
Tariff Act of 1930 (19 U.S.C. 1671a) is amended by adding at
the end the following:
``(f) Initiation by Administering Authority of Successive
Countervailing Duty Investigation.--A successive
investigation shall be initiated--
``(1) under subsection (a), if--
``(A) the requirements under that subsection are met with
respect to imports of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind of
merchandise are or have been the subject of a concurrent
investigation or recently completed investigation; or
``(2) under subsection (b), if--
``(A) the determinations under clauses (i) and (ii) of
subsection (c)(1)(A) are affirmative with respect to imports
of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind of
merchandise are or have been the subject of a concurrent
investigation or recently completed investigation.''.
(b) Antidumping Duty Investigation.--Section 732 of the
Tariff Act of 1930 (19 U.S.C. 1673a) is amended by adding at
the end the following:
``(f) Initiation by Administering Authority of Successive
Antidumping Duty Investigation.--A successive investigation
shall be initiated--
``(1) under subsection (a), if--
``(A) the requirements under that subsection are met with
respect to imports of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind of
merchandise are or have been the subject of a concurrent
investigation or recently completed investigation; or
``(2) under subsection (b), if--
``(A) the determinations under clauses (i) and (ii) of
subsection (c)(1)(A) are affirmative with respect to imports
of a class or kind of merchandise; and
``(B) imports of the same or similar class or kind of
merchandise are or have been the subject of a concurrent
investigation or recently completed investigation.''.
SEC. 1713. ISSUANCE OF DETERMINATIONS WITH RESPECT TO
SUCCESSIVE ANTIDUMPING AND COUNTERVAILING DUTY
INVESTIGATIONS.
(a) In General.--Subtitle D of title VII of the Tariff Act
of 1930 (19 U.S.C. 1677 et seq.) is amended by adding at the
end the following:
``SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE
INVESTIGATIONS.
``(a) In General.--Notwithstanding any other provision of
this title, the administering authority--
``(1) with respect to a successive investigation under
section 702(f)--
``(A) shall issue a preliminary determination under section
703(b) not later than 85 days after initiating the
investigation;
``(B) may not postpone under section 703(c) such deadline
for the issuance of a preliminary determination unless
requested by the petitioner;
``(C) shall obtain the information required for a
determination under section 703(e);
``(D) shall make a determination under section 703(e) with
respect to the investigation;
``(E) shall issue a final determination under section
705(a) not later than 75 days after issuing the preliminary
determination under subparagraph (A); and
``(F) shall extend the date of the final determination
under section 705(a) if requested by the petitioner; and
``(2) with respect to a successive investigation under
section 732(f)--
``(A) shall issue a preliminary determination under section
733(b) not later than 85 days after initiating the
investigation;
``(B) may not postpone under section 733(c) such deadline
for the issuance of a preliminary determination unless
requested by the petitioner;
``(C) shall obtain the information required for a
determination under section 733(e);
``(D) shall make a determination under section 733(e) with
respect to the investigation;
``(E) shall issue a final determination under section
735(a) not later than 75 days after issuing the preliminary
determination under subparagraph (A); and
``(F) may extend the date of the final determination under
section 735(a)(2).''.
(b) Clerical Amendment.--The table of contents for the
Tariff Act of 1930 is amended by inserting after the item
relating to section 783 the following:
``Sec. 784. Determinations relating to successive investigations.''.
Subtitle B--Responding to Market Distortions
SEC. 1721. ADDRESSING CROSS-BORDER SUBSIDIES IN
COUNTERVAILING DUTY INVESTIGATIONS.
(a) Definitions.--
(1) Countervailable subsidy.--Section 771 of the Tariff Act
of 1930 (19 U.S.C. 1677) is amended--
(A) in paragraph (5)(B)--
(i) in clause (i), by inserting after ``financial
contribution'' the following: ``or allows, explicitly or
otherwise, another authority to provide a financial
contribution''; and
(ii) in the flush text after clause (iii), by striking
``the country'' and inserting ``a country''; and
(B) in paragraph (9)--
(i) in subparagraph (B), by inserting after ``is exported''
the following: ``or the authority (as defined in paragraph
(5)(B)) alleged to have provided subsidies to a producer of
an input of such merchandise'';
(ii) in subparagraph (F), by striking ``, and'' and
inserting a semicolon;
(iii) in subparagraph (G), in the flush text after clause
(iii), by striking the period at the end and inserting ``,
and''; and
(iv) by adding at the end the following:
``(H) in any investigation or administrative review under
this title involving an allegation that a subsidy is provided
by an authority (as defined in paragraph (5)(B)) within the
territory of a country other than the country in which the
subject merchandise is produced, a foreign manufacturer,
producer, or exporter of an input used in the production of
the merchandise.''.
(2) Upstream subsidy.--Section 771A(a)(1) of the Tariff Act
of 1930 (19 U.S.C. 1677-1(a)(1)) is amended by striking ``in
the same country as the authority''.
(b) Initiation of Investigations.--Section 702(b)(4)(A)(i)
of the Tariff Act of 1930 (19 U.S.C. 1671a(b)(4)(A)(i)) is
amended by inserting after ``named in the petition'' the
following: ``(or, in the case of a petition containing an
allegation that a subsidy is provided by an authority (as
defined in section 771(5)(B)) within the territory of a
country other than the country in which the subject
merchandise is produced, the authority alleged to have
provided the subsidy)''.
SEC. 1722. MODIFICATION OF DEFINITION OF ORDINARY COURSE OF
TRADE TO SPECIFY THAT AN INSUFFICIENT QUANTITY
OF FOREIGN LIKE PRODUCTS CONSTITUTES A
SITUATION OUTSIDE THE ORDINARY COURSE OF TRADE.
Section 771(15) of the Tariff Act of 1930 (19 U.S.C.
1677(15)) is amended by adding at the end the following:
``(D) Situations in which the quantity of a foreign like
product selected for comparison under section 771(16) is
insufficient to establish a proper comparison to the export
price or constructed export price.''.
SEC. 1723. MODIFICATION OF ADJUSTMENTS TO EXPORT PRICE AND
CONSTRUCTED EXPORT PRICE WITH RESPECT TO DUTY
DRAWBACK.
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C.
1677a(c)(1)(B)) is amended--
[[Page S5831]]
(1) by striking ``any''; and
(2) by inserting after ``United States'' the following: ``,
but that amount shall not exceed the per unit amount of such
duties contained in the weighted average cost of
production''.
SEC. 1724. MODIFICATION OF DETERMINATION OF CONSTRUCTED VALUE
TO INCLUDE DISTORTIONS OF COSTS THAT OCCUR IN
FOREIGN COUNTRIES.
(a) In General.--Section 773(b)(3) of the Tariff Act of
1930 (19 U.S.C. 1677b(b)(3)) is amended--
(1) in subparagraph (A), by striking ``business'' and
inserting ``trade''; and
(2) in the flush text after subparagraph (C), by inserting
before ``For purposes'' the following: ``For purposes of
subparagraph (A), if a particular market situation exists
such that the cost of materials and fabrication or other
processing of any kind does not accurately reflect the cost
of production in the ordinary course of trade, the
administering authority may use another calculation
methodology under this subtitle or any other calculation
methodology.''.
(b) Modification of Definition of Ordinary Course of Trade
To Include Adjusted Costs.--Section 771(15)(C) of the Tariff
Act of 1930 (19 U.S.C. 1677(15)(C)) is amended--
(1) by striking ``that the particular market situation
prevents'' and inserting ``that a particular market situation
exists that--
``(i) prevents'';
(2) in clause (i), as designated by paragraph (1), by
striking the period at the end and inserting ``, relating to
normal value determined under subsection (a) of section 773;
or''; and
(3) by adding at the end the following:
``(ii) distorts certain costs of production, relating to
normal value determined under subsections (b) and (e) of
section 773.''.
SEC. 1725. SPECIAL RULES FOR CALCULATION OF COST OF
PRODUCTION AND CONSTRUCTED VALUE TO ADDRESS
DISTORTED COSTS.
(a) In General.--Section 773(f)(2) of the Tariff Act of
1930 (19 U.S.C. 1677b(f)(2)) is amended--
(1) by striking ``A transaction'' and inserting the
following:
``(A) In general.--A transaction''; and
(2) by adding at the end the following:
``(B) Transactions with certain entities.--
``(i) In general.--If an input for subject merchandise is
produced by or acquired from a person or entity described in
clause (iii), the administering authority shall disregard
such production or acquisition as outside the ordinary course
of trade.
``(ii) Determination of amount.--If the production or
acquisition of an input is disregarded under clause (i) and
no other transactions are available for consideration, the
determination of the amount to be used to value the input
shall be based on the information available with respect to
what the amount would have been but for the participation of
the person or entity described in clause (iii) in the market
for the input or based on any other calculation methodology.
``(iii) Persons and entities described.--A person or entity
described in this clause is--
``(I) any person in a nonmarket economy country;
``(II) any person found to be receiving a subsidy;
``(III) any person found to have sold the input referred to
in clause (i) for less than fair market value into the
exporting country or any other country;
``(IV) an authority (as defined in section 771(5)(B))
within the territory of the exporting country or any other
country; or
``(V) a group of authorities described in subclause (IV)
that collectively account for a meaningful share of the
production of the input.''.
Subtitle C--Preventing Circumvention
SEC. 1731. MODIFICATION OF REQUIREMENTS IN CIRCUMVENTION
INQUIRIES.
(a) In General.--Section 781 of the Tariff Act of 1930 (19
U.S.C. 1677j) is amended by striking subsection (f) and
inserting the following:
``(f) Procedures for Conducting Circumvention Inquiries.--
``(1) Initiation by administering authority.--A
circumvention inquiry shall be initiated whenever the
administering authority determines, from information
available to it, that a formal inquiry is warranted into the
question of whether the elements necessary for a
determination under this section exist.
``(2) Initiation by inquiry request.--
``(A) In general.--A circumvention inquiry shall be
initiated whenever an interested party files an inquiry
request that alleges the elements necessary for a
determination under this section, accompanied by information
reasonably available to the requestor supporting those
allegations.
``(B) Rules.--The administering authority shall specify
requirements for the contents and service of an inquiry
request under subparagraph (A).
``(C) Acceptance of communications.--The administering
authority shall not accept any unsolicited oral or written
communication from any person other than the interested party
filing an inquiry request before the administering authority
decides whether to initiate an inquiry, except for
communications regarding the status of the consideration of
the inquiry request.
``(3) Action with respect to inquiry request.--Not later
than 20 days after the filing of an inquiry request under
paragraph (2)(A), the administering authority shall--
``(A) initiate a circumvention inquiry;
``(B) dismiss the inquiry request as inadequate and notify
the requestor in writing of the reasons for the dismissal; or
``(C) notify all interested parties that the inquiry
request will be addressed through a determination (other than
a determination under this section) by the administering
authority as to whether a particular type of merchandise is
within the class or kind of merchandise described in an
existing finding of dumping or an antidumping or
countervailing duty order.
``(4) Determinations.--
``(A) Preliminary determinations.--
``(i) In general.--Except as provided in clause (ii), not
later than 90 days after the date on which the administering
authority initiates a circumvention inquiry under paragraph
(1) or (3)(A), the administering authority shall make a
preliminary determination, based on the information available
to it at the time of the determination, of whether there is a
reasonable basis to believe or suspect that the merchandise
subject to the inquiry is circumventing an existing finding
of dumping or an antidumping or countervailing duty order.
``(ii) Extension.--The administering authority may extend
the deadline under clause (i) by a period not to exceed 45
days.
``(B) Final determinations.--
``(i) In general.--Except as provided in clause (ii), not
later than 120 days after issuing a preliminary determination
under subparagraph (A) with respect to a circumvention
inquiry, the administering authority shall make a final
determination of whether the merchandise subject to the
inquiry is circumventing an existing finding of dumping or an
antidumping or countervailing duty order.
``(ii) Extension.--The administering authority may extend
the deadline under clause (i) by a period not to exceed 60
days.
``(C) Other class or kind determinations.--If an inquiry
request under paragraph (2)(A) is addressed through a class
or kind determination described in paragraph (3)(C), the
administering authority shall make such determination not
later than 335 days after the filing of the inquiry request.
``(5) Rule of construction.--Nothing in this section shall
be construed to prevent the administering authority from
simultaneously initiating a circumvention inquiry under
paragraph (1) or (3)(A) and issuing a preliminary ruling
under paragraph (4)(A).''.
(b) Suspension of Liquidation and Collection of Deposits of
Entries Subject to Circumvention Inquiry.--Section 781 of the
Tariff Act of 1930 is further amended by adding at the end
the following:
``(g) Suspension of Liquidation and Collection of Deposits
of Entries Subject to Circumvention Inquiry.--
``(1) In general.--If the administering authority initiates
a circumvention inquiry under paragraph (1) or (3)(A) of
subsection (f), the administering authority shall order--
``(A) the suspension, or continued suspension, of
liquidation of all entries of merchandise subject to the
circumvention inquiry; and
``(B) the posting of a cash deposit, at the prevailing all-
others or country-wide rate, for each entry of merchandise
described in subparagraph (A).
``(2) Rule of construction.--Nothing in this section shall
be construed to prevent the administering authority from
applying the requirements under this subsection in a class or
kind determination described in subsection (f)(3)(C).''.
(c) Country-Wide Application of Circumvention
Determination.--Section 781 of the Tariff Act of 1930 is
further amended by adding at the end the following:
``(h) Country-Wide Application of Circumvention
Determination.--
``(1) In general.--The administering authority shall apply
a determination described in paragraph (2) on a country-wide
basis unless it determines that application of that
determination to particular producers or exporters is
appropriate.
``(2) Determinations described.--A determination described
in this paragraph is any of the following:
``(A) A determination under subsection (a) with respect to
merchandise completed or assembled in the United States.
``(B) A determination under subsection (b) with respect to
merchandise completed or assembled in a foreign country.
``(C) A determination under subsection (c) with respect to
minor alteration of merchandise.
``(D) A determination under subsection (d) with respect to
later-developed merchandise.''.
(d) Publication in the Federal Register.--Section 777(i) of
the Tariff Act of 1930 is amended by adding at the end the
following:
``(4) Circumvention inquiries.--Whenever the administering
authority makes a determination under section 781 whether to
initiate a circumvention inquiry or makes a preliminary or
final determination under subsection (f)(4) of that section,
the administering authority shall publish the facts and
conclusions supporting that determination and shall publish
notice of that determination in the Federal Register.''.
(e) Adding Verification Responses in Circumvention
Inquiries.--Section 782(i) of the Tariff Act of 1930 (19
U.S.C. 1677m(i)) is amended--
(1) in paragraph (2), by striking ``and'' at the end;
[[Page S5832]]
(2) in paragraph (3)(B), by striking the period at the end
and inserting ``, and''; and
(3) by adding at the end the following:
``(4) a final determination in a circumvention inquiry
conducted pursuant to section 781.''.
SEC. 1732. REQUIREMENT OF PROVISION BY IMPORTER OF
CERTIFICATION BY IMPORTER OR OTHER PARTY.
(a) In General.--Subtitle D of title VII of the Tariff Act
of 1930 (19 U.S.C. 1677 et seq.), as amended by section
1713(a), is further amended by adding at the end the
following:
``SEC. 785. REQUIREMENT FOR CERTIFICATION BY IMPORTER OR
OTHER PARTY.
``(a) Requirement.--
``(1) In general.--For imports of merchandise into the
customs territory of the United States, the administering
authority may require an importer or other party--
``(A) to provide a certification described in paragraph (2)
at the time of entry or with the entry summary;
``(B) to maintain that certification; or
``(C) to otherwise demonstrate compliance with the
requirements for that certification.
``(2) Certification described.--A certification described
in this paragraph is a certification by the importer of the
merchandise or other party, as required by the administering
authority, including a certification that--
``(A) the merchandise is not subject to an antidumping or
countervailing duty proceeding under this title; and
``(B) the inputs used in production, transformation, or
processing of the merchandise are not subject to an
antidumping or countervailing duty under this title.
``(3) Available upon request.--A certification required by
the administering authority under paragraph (1), if not
already provided, shall be made available upon request to the
administering authority or the Commissioner of U.S. Customs
and Border Protection (in this section referred to as the
`Commissioner').
``(b) Authority To Collect Cash Deposits and to Assess
Duties.--
``(1) In general.--If the administering authority requires
an importer or other party to provide a certification
described in paragraph (2) of subsection (a) for merchandise
imported into the customs territory of the United States
pursuant to paragraph (1) of that subsection, and the
importer or other party does not provide that certification
or that certification contains any false, misleading, or
fraudulent statement or representation or any material
omission, the administering authority shall instruct the
Commissioner--
``(A) to suspend liquidation of the entry;
``(B) to require that the importer or other party post a
cash deposit in an amount equal to the antidumping duty or
countervailing duty applicable to the merchandise; and
``(C) to assess the appropriate rate of duty upon
liquidation or reliquidation of the entry.
``(2) Assessment rate.--If no rate of duty for an entry is
available at the time of assessment under paragraph (1)(C),
the administering authority shall identify the applicable
cash deposit rate to be applied to the entry, with the
applicable duty rate to be provided as soon as the duty rate
becomes available.
``(c) Penalties.--If the administering authority requires
an importer or other party to provide a certification
described in paragraph (2) of subsection (a) for merchandise
imported into the customs territory of the United States
pursuant to paragraph (1) of that subsection, and the
importer or other party does not provide that certification
or that certification contains any false, misleading, or
fraudulent statement or representation or any material
omission, the importer of the merchandise may be subject to a
penalty pursuant to section 592 of this Act, section 1001 of
title 18, United States Code, or any other applicable
provision of law.''.
(b) Clerical Amendment.--The table of contents for the
Tariff Act of 1930, as amended by section 1713(b), is further
amended by inserting after the item relating to section 784
the following:
``Sec. 785. Requirement for certification by importer or other
party.''.
SEC. 1733. CLARIFICATION OF AUTHORITY FOR DEPARTMENT OF
COMMERCE REGARDING MERCHANDISE COVERED BY
ANTIDUMPING AND COUNTERVAILING DUTY
PROCEEDINGS.
(a) Coverage by Antidumping or Countervailing Duty
Proceeding.--To determine whether merchandise imported into
the United States is covered by an antidumping or
countervailing duty proceeding under title VII of the Tariff
Act of 1930 (19 U.S.C. 1671 et seq.), the administering
authority may use any reasonable method and is not bound by
the determinations of any other Federal agency, including
tariff classification and country of origin marking rulings
issued by the Commissioner of U.S. Customs and Border
Protection.
(b) Origin of Merchandise.--To determine the origin of
merchandise for purposes of an antidumping or countervailing
duty proceeding under title VII of the Tariff Act of 1930 (19
U.S.C. 1671 et seq.), the administering authority may apply
any reasonable method and may consider relevant factors,
including--
(1) whether the upstream and downstream products are within
the same class or kind of merchandise;
(2) whether the merchandise, or an essential component
thereof, is substantially transformed in the country of
exportation;
(3) the extent to which the merchandise is processed; or
(4) any other factors that the administering authority
considers appropriate.
(c) Administering Authority Defined.--In this section, the
term ``administering authority'' has the meaning given that
term in section 771(1) of the Tariff Act of 1930 (19 U.S.C.
1677(1)).
SEC. 1734. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT
IMPORTERS.
(a) In General.--Part III of title IV of the Tariff Act of
1930 (19 U.S.C. 1481 et seq.) is amended by inserting after
section 484b the following:
``SEC. 484. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT
IMPORTERS.
``(a) Definitions.--In this section:
``(1) Importer; nonresident importer.--The terms `importer'
and `nonresident importer' have the meanings given those
terms in section 641(i).
``(2) Resident importer.--The term `resident importer'
means any importer other than a nonresident importer.
``(b) Requirements for Nonresident Importers.--Except as
provided in subsection (c), the Commissioner of U.S. Customs
and Border Protection shall--
``(1) require a nonresident importer that imports
merchandise into the United States to maintain assets in the
United States sufficient to pay all duties that may
potentially be applied to the merchandise; and
``(2) require a bond with respect to the merchandise in an
amount sufficient to ensure full liability on the part of a
nonresident importer and the surety of the importer based on
the amount of assets the Commissioner determines to be
sufficient under subsection (c).
``(c) Determination of Amount of Assets Required To Be
Maintained.--For purposes of subsection (b)(1), the
Commissioner shall calculate the amount of assets sufficient
to pay all duties that may potentially be applied to
merchandise imported by a nonresident importer based on an
amount that exceeds the amount, calculated using the fair
market value of the merchandise, of all duties, fees,
interest, taxes, or other charges, and all deposits for
duties, fees, interest, taxes, or other charges, that would
apply with respect to the merchandise if the merchandise were
subject to the highest rate of duty applicable to such
merchandise imported from any country.
``(d) Maintenance of Assets in the United States.--
``(1) In general.--For purposes of subsection (b)(1), a
nonresident importer of merchandise meets the requirement to
maintain assets in the United States if the importer has
clear title, at all times between the entry of the
merchandise and the liquidation of the entry, to assets
described in paragraph (2) with a value equal to the amount
determined under subsection (c).
``(2) Assets described.--An asset described in this
paragraph is--
``(A) an asset held by a United States financial
institution;
``(B) an interest in an entity organized under the laws of
the United States or any jurisdiction within the United
States; or
``(C) an interest in real or personal property located in
the United States or any territory or possession of the
United States.
``(e) Exceptions.--The requirements of this section shall
not apply with respect to a nonresident importer--
``(1) that is a validated Tier 2 or Tier 3 participant in
the Customs-Trade Partnership Against Terrorism program
established under subtitle B of title II of the Security and
Accountability For Every Port Act of 2006 (6 U.S.C. 961 et
seq.); or
``(2) if the Commissioner is satisfied, based on certified
information supplied by the importer and any other relevant
evidence, that the Commissioner has the same or equivalent
ability to collect all duties that may potentially be applied
to merchandise imported by the importer as the Commissioner
would have if the importer were a resident importer.
``(f) Procedures.--The Commissioner shall prescribe
procedures for assuring that nonresident importers maintain
the assets required by subsection (b).
``(g) Penalties.--
``(1) In general.--It shall be unlawful for any person to
import into the United States any merchandise in violation of
this section.
``(2) Civil penalties.--Any person who violates paragraph
(1) shall be liable for a civil penalty of $50,000 for each
such violation.
``(3) Other penalties.--In addition to the penalties
specified in paragraph (2), any violation of this section
that violates any other provision of the customs and trade
laws of the United States (as defined in section 2 of the
Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4301)) shall be subject to any applicable civil or
criminal penalty, including seizure and forfeiture, that may
be imposed under that provision or title 18, United States
Code.''.
(b) Clerical Amendment.--The table of contents for the
Tariff Act of 1930 is amended by inserting after the item
relating to section 484b the following:
``Sec. 484c. Asset requirements applicable to nonresident importers.''.
(c) Effective Date.--Section 484c of the Tariff Act of
1930, as added by subsection (a)--
(1) takes effect on the date of the enactment of this Act;
and
[[Page S5833]]
(2) applies with respect to merchandise entered, or
withdrawn from warehouse for consumption, on or after the
date that is 180 days after such date of enactment.
Subtitle D--Countering Currency Undervaluation
SEC. 1741. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION
UNDER COUNTERVAILING DUTY LAW.
Section 702(c) of the Tariff Act of 1930 (19 U.S.C.
1671a(c)) is amended by adding at the end the following:
``(6) Currency undervaluation.--For purposes of a
countervailing duty investigation under this subtitle in
which the determinations under clauses (i) and (ii) of
paragraph (1)(A) are affirmative and the petition includes an
allegation of currency undervaluation by the government of a
country or any public entity within the territory of a
country that meets the requirements of clause (i) of that
paragraph, or for purposes of a review under subtitle C with
respect to a countervailing duty order involving such an
allegation, the administering authority shall examine in its
investigation or review whether currency undervaluation by
the government of a country or any public entity within the
territory of a country is providing, directly or indirectly,
a countervailable subsidy.''.
SEC. 1742. DETERMINATION OF BENEFIT WITH RESPECT TO CURRENCY
UNDERVALUATION.
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C.
1677(5)(E)) is amended--
(1) in clause (iii), by striking ``, and'' and inserting a
comma;
(2) in clause (iv), by striking the period at the end and
inserting ``, and'';
(3) by inserting after clause (iv) the following:
``(v) in the case of a transaction involving currency, if
there is a difference between the amount of currency received
in exchange for United States dollars and the amount of
currency that the recipient would have received absent an
undervalued currency.''; and
(4) in the flush text following clause (v), as added by
paragraph (3), by adding at the end the following: ``For
purposes of clause (v), a determination of the existence and
amount of a benefit from the exchange of an undervalued
currency shall take into account a comparison of the exchange
rates derived from a methodology determined by the
administering authority to be appropriate in light of the
facts and circumstances to the relevant actual exchange
rates. That determination shall rely on authoritative
information that is on the administrative record.''.
Subtitle E--General Provisions
SEC. 1751. APPLICATION TO CANADA AND MEXICO.
Pursuant to section 418 of the United States-Mexico-Canada
Agreement Implementation Act (19 U.S.C. 4588), the amendments
made by this title apply with respect to goods from Canada
and Mexico.
SEC. 1752. EFFECTIVE DATE.
(a) In General.--Except as provided by subsection (b) or
(c), the amendments made by this title apply to
countervailing duty investigations initiated under subtitle A
of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et
seq.), antidumping duty investigations initiated under
subtitle B of title VII of such Act (19 U.S.C. 1673 et seq.),
reviews initiated under subtitle C of title VII of such Act
(19 U.S.C. 1675 et seq.), and circumvention inquiries
requested under section 781 of such Act (19 U.S.C. 1677j), on
or after the date of the enactment of this Act.
(b) Applicability.--
(1) In general.--The amendments made by this title apply
to--
(A) investigations or reviews under title VII of the Tariff
Act of 1930 pending on the date of the enactment of this Act
if the date on which the fully extended preliminary
determination is scheduled is not earlier than 45 days after
such date of enactment;
(B) circumvention inquiries initiated under section 781 of
such Act before and pending on such date of enactment; and
(C) circumvention inquiries requested under section 781 of
such Act but not initiated before such date of enactment.
(2) Deadlines for circumvention inquiries.--
(A) Determinations.--In this case of a circumvention
inquiry described in paragraph (1)(B), subsection (f)(4) of
section 781 of the Tariff Act of 1930, as amended by section
1731(a), shall be applied and administered--
(i) in subparagraph (A)(i), by substituting ``the date of
the enactment of the Eliminating Global Market Distortions To
Protect American Jobs Act of 2022'' for ``the date on which
the administering authority initiates a circumvention inquiry
under paragraph (1) or (3)(A)''; and
(ii) in subparagraph (C), by substituting ``the date of the
enactment of the Eliminating Global Market Distortions To
Protect American Jobs Act of 2022'' for ``the filing of the
inquiry request''.
(B) Actions with respect to inquiry requests.--In this case
of a circumvention inquiry described in paragraph (1)(C), the
administering authority (as defined in section 771(1) of the
Tariff Act of 1930 (19 U.S.C. 1677(1))) shall, not later than
20 days after the date of the enactment of this Act, take an
action described in subsection (f)(3) of section 781 of the
Tariff Act of 1930, as amended by section 1731(a), with
respect to the inquiry.
(c) Retroactive Application of Modification of Sales Below
Cost Provision.--Section 773(b)(3) of the Tariff Act of 1930
(19 U.S.C. 1677b(b)(3)), as amended by section 1724(a),
applies to--
(1) antidumping duty investigations initiated under
subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C.
1673 et seq.) on or after June 29, 2015;
(2) reviews initiated under subtitle C of title VII of such
Act (19 U.S.C. 1675 et seq.) on or after June 29, 2015;
(3) resulting actions by U.S. Customs and Border
Protection; and
(4) civil actions, criminal proceedings, and other
proceedings before a Federal court relating to proceedings
referred to in paragraphs (1) or (2) or actions referred to
in paragraph (3) in which final judgment has not been entered
on the date of the enactment of this Act.
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