[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.
                                 ______