A bill to provide for a private right of action in the case of injury from the importation of certain dumped and subsidized merchandise.
Unfair Foreign Competition Act of 1999 - Amends the Clayton Act to revise provisions regarding the import or sale of articles from foreign countries at less than market value or wholesale price to prohibit a person from importing into, or selling within, the United States an article from a foreign country if: (1) the article is imported or sold within the United States at a U.S. price that is less (removes substantially requirement) than the foreign market value or constructed value of such article; and (2) the importation or sale causes or threatens to cause (no intent requirement) material injury to industry (including labor), or prevents, in whole or in part, the modernization of any U.S. industry. Sets forth similar provisions with respect to the importation or sale in the United States of subsidized articles from a foreign country.
Authorizes a person whose business or property is injured by reason of the importation or sale of an article in violation of this Act to bring a civil action in the U.S. District Court for the District of Columbia or in the Court of International Trade against any person who: (1) manufactures or exports the article; or (2) imports such article into the United States if such person is related to the manufacturer or exporter of the article. Requires the court, upon an affirmative determination with respect to the civil action, to issue a certain order and direct the Customs Service to assess an antidumping duty on the article, and require the deposit of estimated antidumping duties pending liquidation of entries of the article. Sets forth a four-year statute of limitation within which an action must be filed.
Amends Federal law to authorize an interested party whose business or property is injured by fraud, gross negligence, or negligence with respect to the importation of foreign merchandise to bring a civil action in the U.S. District Court for the District of Columbia or in the Court of International Trade, without respect to the amount in controversy. Grants an interested party equitable and injunctive relief, plus court costs and attorney's fees upon proof that such party's business or property has been injured by such fraud or negligence.
Amends the Tariff Act of 1930 to direct duties assessed pursuant to a countervailing duty order, an antidumping duty order, or a finding under the Antidumping Act of 1921 to be distributed (continued dumping and subsidy offset) annually to workers for damages sustained for loss of wages resulting from the lost of jobs, and to the affected domestic producers for qualifying expenditures. Directs the Commissioner of the Customs Service to prescribe procedures for the distribution of the continued dumping or subsidies offset.
Directs the International Trade Commission (ITC) to forward to the Commissioner with respect to an antidumping or countervailing duty order or finding a list of petitioners and persons with respect to each order and finding (including a list of persons that indicate support of the petition by affected workers for worker trade adjustment assistance). Directs the Commissioner to distribute on a pro rata basis all funds (including all interest earned on the funds) from assessed duties received in the preceding fiscal year to workers and to the affected domestic producers.
Establishes in the Treasury a special account consisting of funds from assessed antidumping duty and countervailing duty orders and findings.
Introduced in Senate
Sponsor introductory remarks on measure. (CR S2221-2224)
Read twice and referred to the Committee on Finance.
Committee on Finance. Hearings held. Hearings printed: S.Hrg. 106-187.
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