Adds specific conditions for reducing the price used to establish export price or "constructed export price," meaning the amount at which the merchandise is first sold or agreed to be sold in the United States by or for the producer or exporter.
[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1869 Introduced in Senate (IS)]
107th CONGRESS
1st Session
S. 1869
To amend the Tariff Act of 1930 to provide for an expedited antidumping
investigation when imports increase materially from new suppliers after
an antidumping order has been issued, and to amend the provision
relating to adjustments to export price and constructed export price.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
December 20 (legislative day, December 18), 2001
Mrs. Lincoln (for herself, Mr. Bayh, Mr. Durbin, Mr. Hollings, and Mr.
Hutchinson) introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 to provide for an expedited antidumping
investigation when imports increase materially from new suppliers after
an antidumping order has been issued, and to amend the provision
relating to adjustments to export price and constructed export price.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Expedited Remedy for Persistent
Dumping Act of 2001''.
SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT.
(a) Change in Persistent Dumping Procedures.--Section 732(a)(2) of
the Tariff Act of 1930 (19 U.S.C. 1673a(a)(2)) is amended--
(1) by striking subparagraph (A) and inserting the
following:
``(A) Initiation of expedited investigation.--An
expedited antidumping duty investigation shall be
initiated with respect to a particular class or kind of
merchandise that is subject to an existing antidumping
order within 20 days of the request of an interested
party described in subparagraph (C), (D), (E), (F), or
(G) of section 771(9), if the administering authority
determines, from information available to it, that
imports of such class or kind of merchandise have
increased materially from an additional supplier
country, as defined in subparagraph (C), during any 90-
day period or during a longer period as determined by
the administering authority to be appropriate. The
request shall allege and present supporting information
that such imports are occurring. The administering
authority, in making a determination under this
subparagraph, shall consider the public record of its
investigation of imports of merchandise subject to the
existing antidumping order.'';
(2) by striking subparagraph (B) and inserting the
following:
``(B) Increased materially.--The administering
authority shall consider imports of merchandise from an
additional supplier country to have increased
materially if such imports have increased by 15 percent
or more over the amount of such imports during a period
of comparable duration preceding initiation of the
antidumping investigation of imports of merchandise
subject to the existing antidumping order.''; and
(3) by striking subparagraph (D) and inserting the
following:
``(D) Procedures and injury determinations for
expedited investigations.--
``(i) Except as provided in this
subparagraph, the provisions of subsections
(b)(3), (c)(4), (d), and (e) of this section,
section 733 (b), (d), and (e), section 734 (a),
(b), (c), (d), (e), (f), (i), (k), and (l), and
section 735 (a), (c), (d), and (e) shall apply
to expedited investigations under this
paragraph.
``(ii) The administering authority shall
issue a preliminary determination within 90
days of receiving a request for an
investigation under subparagraph (A).
``(iii)(I) Not later than 45 days after the
date on which the request under subparagraph
(A) is received by the administering authority,
the Commission shall determine if there is a
reasonable indication of material injury or
threat of material injury as prescribed in
section 733(a)(1).
``(II) The Commission shall make a
determination under this clause from reasonably
available information (including the public
record of its investigation of imports of
merchandise subject to the existing antidumping
order).
``(iv) If the Commission makes an
affirmative determination that there is a
reasonable indication of material injury and
the administering authority makes an
affirmative final determination, the Commission
shall make a final determination under section
735(b)(1) before the later of--
``(I) the 120th day after the day
on which the administering authority
makes its affirmative preliminary
determination under clause (ii); or
``(II) the 45th day after the day
on which the administering authority
makes its affirmative final
determination under section 735(a).
``(v) An affirmative final determination
shall not be made unless the Commission
determines pursuant to the factors described in
sections 735(b)(1) and 771(7) that an industry
in the United States is materially injured, or
threatened with material injury, by reason of
imports of the subject merchandise and that
imports of the subject merchandise are not
negligible.''.
SEC. 3. REIMBURSEMENT OF DUTIES.
Section 772(c)(2) of the Tariff Act of 1930 (19 U.S.C 1677a(c)(2))
is amended--
(1) by striking ``and'' at the end of subparagraph (A);
(2) by striking the period at the end of subparagraph (B)
and inserting a comma; and
(3) by adding at the end the following new subparagraphs:
``(C) an amount equal to the dumping margin
calculated under section 771(35)(A), unless the
producer or exporter is able to demonstrate that the
importer was in no way reimbursed for any antidumping
duties paid, and
``(D) an amount equal to the net countervailable
subsidy calculated under section 771(6), unless the
producer or exporter is able to demonstrate that the
importer was in no way reimbursed for any
countervailing duties paid.''.
SEC. 4. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free Trade Agreement
and section 408 of the North American Free Trade Agreement
Implementation Act, the amendments made by this Act shall apply with
respect to goods from Canada and Mexico.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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