[Congressional Record Volume 168, Number 199 (Wednesday, December 21, 2022)]
[Senate]
[Pages S10000-S10001]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

       SA 6593. Mr. SCOTT of South Carolina (for himself and Mr. Graham) 
     submitted an amendment intended to be proposed to amendment SA 6552 
     proposed by Mr. Leahy to the bill H.R. 2617, to amend section 1115 of 
     title 31, United States Code, to amend the description of how 
     performance goals are achieved, and for other purposes; which was 
     ordered to lie on the table; as follows:
     
             At the appropriate place, insert the following:
     
          SEC. ___. MODIFICATION OF TREATMENT OF CERTAIN STATE-OWNED 
                        ENTERPRISES IN INVESTIGATION OF CLAIMS OF 
                        EVASION OF ANTIDUMPING OR COUNTERVAILING DUTY 
                        ORDERS.
     
            (a) In General.--Section 517 of the Tariff Act of 1930 (19 
          U.S.C. 1517) is amended--
            (1) in subsection (e), in the matter preceding paragraph 
          (1), by striking ``Not'' and inserting ``Subject to 
          subsection (h), not'';
            (2) by redesignating subsection (h) as subsection (i); and
            (3) by inserting after subsection (g) the following:
            ``(h) Treatment of Certain State-owned Enterprises.--
            ``(1) In general.--If an allegation under subsection (b)(2) 
          is filed by an interested party specified in paragraph (4) 
          with respect to covered merchandise and an investigation is 
          initiated under subsection (b)(1) with respect to that 
          merchandise--
            ``(A) the Commissioner may delay implementation of the 
          interim measures specified in subsection (e) with respect to 
          that merchandise until a determination is made under 
          subsection (c) that the merchandise was entered into the 
          customs territory of the United States through evasion; and
            ``(B) at any point following the initiation of that 
          investigation, but not later than 30 calendar days after 
          making a determination under subsection (c) with respect to 
          that merchandise, the Commissioner shall submit to Congress a 
          report containing a determination as to whether that 
          interested party is acting in concert or aligned with the 
          interests of, or in support or at the direction of, the 
          government of the country that exerts ownership or control 
          with respect to that interested party (as determined pursuant 
          to paragraph (5)).
            ``(2) Required consultation.--The Commissioner shall 
          consult with the Secretary of Commerce in making the 
          determination required under paragraph (1)(B).
            ``(3) Reasoning for delayed implementation of interim 
          measures.--If the Commissioner uses the authority under 
          paragraph (1)(A) to delay implementation of interim measures 
          specified in subsection (e) with respect to covered 
          merchandise, not later than 120 calendar days after 
          initiating an investigation under subsection (b)(1) with 
          respect to that merchandise, the Commissioner shall submit to 
          Congress a report containing the reasoning of the 
          Commissioner for using that authority.
            ``(4) Interested party specified.--An interested party 
          specified in this paragraph is--
            ``(A) a covered state-owned enterprise;
            ``(B) a subsidiary of a covered state-owned enterprise; or
            ``(C) an association of which not fewer than one member is 
          a covered state-owned enterprise or a subsidiary of a covered 
          state-owned enterprise.
            ``(5) Covered state-owned enterprise defined.--
            ``(A) In general.--In this subsection, the term `covered 
          state-owned enterprise' means any enterprise established for 
          a commercial or business purpose that is directly owned or 
          controlled by the government of a nonmarket economy country 
          (as defined in section 771(18)), including any agency, 
          instrumentality, subdivision, or other unit of government at 
          any level of jurisdiction.
            ``(B) Definitions.--In this paragraph:
            ``(i) Control.--The term `control', with respect to a 
          covered state-owned enterprise, means the power by any means 
          to control the enterprise regardless of--
     
            ``(I) the level of ownership; and
            ``(II) whether or not the power is exercised.
     
            ``(ii) Owned.--The term `owned', with respect to a covered 
          state-owned enterprise, means a majority or controlling 
          interest, whether by value or voting interest, of the shares 
          of that enterprise, including through fiduciaries, agents, or 
          other means.''.
            (b) Application.--The amendments made by subsection (a) 
          shall apply to any investigation under section 517 of the 
          Tariff Act of 1930 (19 U.S.C. 1517) for which a determination 
          has not been made under subsection (c)(1)(A) of that section 
          on or before the date of the enactment of this Act.
     
     [[Page S10001]]
     
       
     
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