American Manufacturing Competitiveness Act - Amends the Tariff Act of 1930 to allow U.S. manufacturers that use products subject to countervailing or antidumping duty proceedings or use domestic like products (industrial users) to participate in such proceedings.
Requires the U.S. International Trade Commission, when deciding whether an antidumping or countervailing duty should be imposed or continued, to weigh harm to industrial users from such imposition or continuation, as well as (under current law) the potential benefits to the industry in the United States materially injured or threatened with material injury by a foreign countervailing subsidy.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4217 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 4217
To amend the Tariff Act of 1930 to allow United States manufacturers
that use products subject to countervailing or antidumping duty
proceedings or use domestic like products to participate in those
proceedings as interested parties, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
November 3, 2005
Mr. Knollenberg (for himself, Mr. Blunt, Mr. Moran of Virginia, Mr.
Camp, Mr. Kind, Mr. Rogers of Michigan, Mr. Hoekstra, Mr. Ramstad, Mr.
Dreier, Mr. Boehner, Mrs. Miller of Michigan, Mr. McCotter, Mr.
Manzullo, Mr. Kirk, Mr. Upton, Mr. Ryan of Wisconsin, Mr. Kennedy of
Minnesota, and Mr. Ehlers) introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 to allow United States manufacturers
that use products subject to countervailing or antidumping duty
proceedings or use domestic like products to participate in those
proceedings as interested parties, and for other purposes.
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 ``American Manufacturing
Competitiveness Act''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The competitiveness of manufacturing industries in the
United States must be a priority for the United States
Government.
(2) Antidumping and countervailing duty laws of the United
States are in the interest of the United States, when applied
in an objective and fair manner, to prevent unfair pricing and
subsidized competition.
(3) Imposing antidumping and countervailing duties may harm
United States industrial users of imported goods or domestic
like products, because those users rely on such goods to
manufacture products in the United States.
(4) Current law does not permit United States industrial
users to participate fully in antidumping or countervailing
duty cases that might affect their businesses substantially;
nor can decisionmakers in these cases consider, under United
States law, the effects on United States industrial users in
determining whether to impose antidumping or countervailing
duties.
(5) It is a matter of fundamental fairness that businesses
in the United States that may be affected by antidumping and
countervailing duties should be able to participate
meaningfully in the process by which decisions regarding those
duties are made.
(6) In order to ensure economically sound decisions and the
health of United States manufacturers, the benefits of imposing
antidumping and countervailing duties should be balanced
against the economic harm caused by imposing those duties, and
antidumping and countervailing duties should not be imposed if
the harm is greater than the benefits of imposing such duties.
SEC. 3. PARTICIPATION OF INDUSTRIAL USERS IN COUNTERVAILING AND
ANTIDUMPING DUTY PROCEEDINGS.
Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is
amended as follows:
(1) Section 701(a) (19 U.S.C. 1671(a)) is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by adding ``and'' after ``merchandise for
importation,'' at the end of paragraph (2); and
(C) by inserting after paragraph (2) the following:
``(3) the Commission determines that the imposition of a
countervailing duty on such merchandise equal to the amount of
the net countervailable subsidy would result in greater
benefits to that United States industry than harm to United
States industrial users,''.
(2) Section 702(b)(4)(B) (19 U.S.C. 1671a(b)(4)(B)) is
amended by striking ``or (G)'' and inserting ``(G), or (H)''.
(3) Section 703 (19 U.S.C. 1671b) is amended--
(A) in subsection (a)(1), in the first sentence, by
striking ``and that imports of the subject merchandise
are not negligible'' and inserting ``, that imports of
the subject merchandise are not negligible, and that
the imposition of a countervailing duty on the subject
merchandise equal to the amount of the net
countervailable subsidy would result in greater
benefits to that United States industry than harm to
United States industrial users''; and
(B) in subsection (b)(3), by striking ``or (G)''
each place it appears and inserting ``(G), or (H)''.
(4) Section 704(a)(2)(B) (19 U.S.C. 1671c(a)(2)(B)) is
amended--
(A) in clause (i), by inserting ``(other than
United States industrial users)'' after ``consumers'';
(B) by striking ``and'' at the end of clause (ii);
(C) by striking the period at the end of clause
(iii) and inserting ``; and''; and
(D) by adding after clause (iii) the following:
``(iv) the relative impact on the
competitiveness of United States industrial
users, including, but not limited to, any such
impact on employment by and investment in
United States industrial users.''.
(5) Section 704(g)(2) (19 U.S.C. 1671c(g)(2)) is amended by
striking ``or (G)'' and inserting ``(G), or (H)''.
(6) Section 704(h)(1) (19 U.S.C. 1671c(h)(1)) is amended by
striking ``or (G)'' and inserting ``(G), or (H)''.
(7) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) is amended in
the first sentence, by inserting before the period the
following: ``, and whether the imposition of a countervailing
duty on the subject merchandise in an amount equal to the net
countervailable subsidy would result in greater benefits to
that United States industry than harm to United States
industrial users''.
(8) Section 731 (19 U.S.C. 1673) is amended--
(A) by striking ``and'' at the end of paragraph
(1);
(B) by adding ``and'' after ``that merchandise for
importation,'' at the end of paragraph (2); and
(C) by inserting after paragraph (2) the following:
``(3) the Commission determines that the imposition of an
antidumping duty on the subject merchandise under this subtitle
would result in greater benefits to that United States industry
than harm to United States industrial users,''.
(9) Section 732(b)(3)(B) (19 U.S.C. 1673a(b)(3)(B)) is
amended by striking ``or (G)'' and inserting ``(G), or (H)''.
(10) Section 733 19 U.S.C. 1673b) is amended--
(A) in subsection (a), in the first sentence, by
striking ``and that imports of the subject merchandise
are not negligible'' and inserting ``, that imports of
the subject merchandise are not negligible, and that
the imposition of an antidumping duty on the subject
merchandise under this subtitle would result in greater
benefits to that United States industry than harm to
United States industrial users''; and
(B) in subsection (b)(2), by striking ``or (G)''
each place it appears and inserting ``(G), or (H)''.
(11) Section 734(a)(2)(B) (19 U.S.C. 1673c(a)(2)(B)) is
amended--
(A) in clause (i), by inserting ``(other than
United States industrial users)'' after ``consumers'';
(B) by striking ``and'' at the end of clause (ii);
(C) by striking the period at the end of clause
(iii) and inserting ``; and''; and
(D) by adding after clause (iii) the following:
``(iv) the relative impact on the
competitiveness of United States industrial
users, including, but not limited to, any such
impact on employment by and investment in
United States industrial users.''.
(12) Section 734(g)(2) (19U.S.C. 1673c(g)(2)) is amended by
striking ``or (G)'' and inserting ``(G), or (H)''.
(13) Section 734(h)(1) (19 U.S.C. 1673c(h)(1)) is amended
by striking ``or (G)'' and inserting ``(G), or (H)''.
(14) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) is amended
in the first sentence, by inserting before the period the
following: ``, and whether the imposition of an antidumping
duty on the subject merchandise under this subtitle would
result in greater benefits to that United States industry than
harm to United States industrial users''.
(15) Section 736(c) (19 U.S.C. 1673e(c)) is amended--
(A) in paragraph (1)(C), by inserting ``United
States industrial user,'' after ``producer,''; and
(B) in paragraph (4)(A), by striking ``or (G)'' and
inserting ``(G), or (H)''.
(16) Section 751 (19 U.S.C. 1675) is amended--
(A) in subsection (b)(2)--
(i) in subparagraph (A), by inserting after
``material injury,'' the following: ``and, if
so, whether continuing the countervailing duty
order or antidumping duty order or finding
would result in greater benefits to the United
States industry than harm to United States
industrial users,''; and
(ii) in subparagraph (C), by inserting
after ``material injury'' the following: ``,
and, if so, whether continuing the suspended
investigation would result in greater benefits
to the United States industry than harm to
United States industrial users'';
(B) in subsection (c)--
(i) in paragraph (1), by inserting before
the period at the end the following: ``, and,
if so, whether continuing the countervailing
duty order or antidumping duty order, or
continuing the suspended investigation, would
result in greater benefits to the United States
industry than harm to United States industrial
users'';
(ii) in paragraph (3)(A), by striking ``and
(G)'' and inserting ``(G), or (H)''; and
(iii) in paragraph (4)--
(I) in subparagraph (A), by
striking ``or (B)'' and inserting ``,
(B), or (H)''; and
(II) in subparagraph (B), by
inserting ``described in section
771(9)(A) or (B)'' after ``an
interested party''; and
(C) in subsection (d)(2)(B), by inserting before
the period the following: ``and that continuation of
the order, finding, or investigation, as the case may
be, would result in greater benefits to the United
States industry than harm to United States industrial
users''.
(17) Section 752(a)(1) (19 U.S.C. 1675a(a)(1)) is amended--
(A) in the first sentence, by inserting before the
period the following: ``, and, if so, whether
continuation of the order or investigation, as the case
may be, would result in greater benefits to the United
States industry than harm to United States industrial
users''; and
(B) in the second sentence, by inserting ``and on
United States industrial users'' after ``industry''.
(18) Section 753(a)(1) (19 U.S.C. 1675b(a)(1)) is amended--
(A) by striking ``or (G)'' and inserting ``(G), or
(H)''; and
(B) by inserting before the period the following:
``, and, if so, whether imposition of the
countervailing duty would result in greater benefits to
the United States industry than harm to United States
industrial users''.
(19) Section 771 (19 U.S.C. 1677(9)) is amended--
(A) in paragraph (9)--
(i) in subparagraph (F), by striking
``and'' at the end;
(ii) in subparagraph (G), by striking the
period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(H) a United States industrial user, or a trade
or business association a majority of whose members are
United States industrial users.''; and
(B) by inserting after paragraph (9) the following:
``(9A) United states industrial user.--The term `United
States industrial user' means a manufacturer or producer that
uses subject merchandise or a domestic like product in the
manufacture or production of any product in the United
States.''.
(20) Section 771 (19 U.S.C. 1677) is amended by adding at
the end the following new paragraph:
``(37) Evaluation of benefits to united states industry and
harm to united states industrial users.--In considering the
potential benefits to the industry in the United States
materially injured or threatened with material injury (in this
paragraph referred to as the `United States industry'), and
harm to United States industrial users, from the imposition or
continuation of antidumping or countervailing duties under
sections 701(a), 703(a), 705(b), 731, 733(a), 735(b), 751(b),
751(c), 751(d), 752(a), and 753(a), the Commission shall weigh
harm to United States industrial users as a whole, taking into
account the following factors:
``(A) Likely harm to United States industrial users
from declines in output, sales, market share, profits,
productivity, return on investments, and utilization of
capacity in the production of downstream products,
compared to likely benefits to the United States
industry with respect to those factors.
``(B) Likely harm to United States industrial users
from negative impact on cash flow, inventories,
employment, wages, growth, ability to raise capital,
and investment, compared to likely benefits to the
United States industry with respect to those factors.
``(C) Likely negative effects on the existing
development and production efforts of United States
industrial users, including efforts to develop a
derivative or more advanced version of their products
for manufacture or production in the United States,
compared to likely benefits to the United States
industry with respect to those factors.
``(D) The effect of increased costs or prices for
the subject merchandise and domestic like products and
reduced availability of the subject merchandise and
domestic like products on the competitiveness of United
States industrial users located in the market,
including the extent to which United States industrial
users and their customers would be able to pass on
additional costs resulting from antidumping and
countervailing duties, compared to likely benefits to
the United States industry with respect to those
factors.
``(E) Such other economic factors as the Commission
determines are relevant to the potential impact of the
imposition or continuation of duties, as the case may
be, on the United States industry and on United States
industrial users.
The Commission may determine harm to United States industrial
users only if United States industrial users have presented
credible evidence of such harm.''.
(21) Section 777(h) (19 U.S.C. 1677f(h)) is amended--
(A) by striking ``and Industrial Users'' in the
subsection heading; and
(B) by striking ``for industrial users of the
subject merchandise and, if the merchandise'' and
inserting ``, if the subject merchandise or a domestic
like product''.
(22) Section 782(i)(3)(A) (19 U.S.C. 1677m(i)(3)(A)) is
amended by striking ``or (G)'' and inserting ``(G), or (H)''.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E2261-2262)
Referred to the House Committee on Ways and Means.
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