Amends the Tariff Act of 1930 to provide, in addition to any other duty except a countervailing or antidumping duty, for the imposition of an artificial pricing duty on: (1) imported merchandise from nonmarket economy countries if the import is being or is likely to be sold in the United States at an artificial price; or (2) imports from a country that is a party to the General Agreement on Tariffs and Trade, if, because of the imports, a U.S. industry has been materially injured, or has been threatened with material injury, or the establishment of an industry in the United States has been materially retarded.
Provides for the initiation of an artificial pricing duty investigation by the administering authority. Requires the administering authority to notify the International Trade Commission (ITC) if such investigation involves a country that is a party to the General Agreement on Tariffs and Trade.
Sets forth the requirements for the initiation of an artificial pricing investigation. Prohibits initiation of such an investigation in certain cases where a countervailing duty or antidumping duty investigation is in process or where a countervailing or antidumping duty is in effect.
Requires the ITC to make a preliminary determination with respect to whether a U.S. industry is being materially injured by such imports.
Requires the administering authority to make a preliminary determination with respect to whether such imports are being sold at an artificial price. Provides in certain cases an extension of time within which such preliminary determination must be made.
Provides that if the administering authority finds that merchandise is being sold at an artificial price, then it shall: (1) order the suspension of liquidation of all entries of merchandise subject to such finding; (2) order the posting of a bond equal to the amount that the import price exceeds the actual price of such merchandise; and (3) make available all information which is the basis of such injury determination by the ITC. Sets forth special conditions which must be met and actions which must be taken if the petitioner alleges that critical circumstances exist. Requires the ITC or the administering authority to notify all parties to an artificial pricing investigation of their determinations and to publish such notice in the Federal Register.
Provides for the termination or suspension of an artificial pricing investigation. Allows the administering authority to suspend such investigations if the exporters of artificially-priced merchandise agree to cease exports of such merchandise to the United States within six months of the suspension of the investigation or revise the prices of such merchandise to eliminate the artificial price. Allows the administering authority if extraordinary circumstances exist to suspend an investigation if the nonmarket economy country or the exporter under investigation accepts an agreement that will eliminate the injurious effect of such merchandise on the United States. Sets forth additional requirements with respect to such agreements.
Provides procedures for the suspension of an investigation and the administrative review of such suspension. Provides civil penalties for violations of agreements to: (1) eliminate artificial pricing; (2) cease exports of artificially priced merchandise; or (3) eliminate the injurious effect of such merchandise.
Requires the administering authority within 75 days of its preliminary determination to make a final determination of whether merchandise is being sold in the U.S. at an artificial price. Requires the administering authority to make additional findings if the petitioner alleged that critical circumstances exist and the authority finds that artificial pricing exists. Requires the ITC, if its preliminary determination is affirmative to make a final determination of whether artificially priced imports: (1) have materially injured a U.S. industry: (2) have threatened a U.S. industry with material injury; or (3) have materially retarded the establishment of a U.S. industry. Sets forth procedures that the ITC shall follow if: (1) the preliminary determination of the administering authority is affirmative; and (2) the preliminary determination of the authority is negative and its final determination is affirmative. Sets forth the effect of final determinations by the ITC and the administering authority. Requires publication of such determination in the Federal Register.
Requires the administering authority to publish an artificial pricing duty order within a specified time after a final determination. Sets forth the information to be contained in such order. Specifies the merchandise which shall be subject to the imposition of such duties. Sets forth the manner of assessing and collecting such duties.
Directs the administering authority to treat an artificial pricing investigation as if it had been commenced as an antidumping duty or countervailing duty investigation whenever the industry of the nonmarket economy country under investigation is market-oriented and there is sufficient verifiable information to permit the investigation to be conducted as an antidumping duty or countervailing duty investigation.
Requires the administering authority to treat an antidumping duty or countervailing duty investigation as if it had been commenced as an artificial pricing duty investigation whenever the industry of the nonmarket economy country under investigation is not market-oriented or there is sufficient verifiable information to permit the investigation to be conducted as an artificial pricing duty investigation.
Provides for the administrative and judicial review of determinations made with respect to the imposition of artificial pricing duties. Sets forth the method for calculating artificial pricing duties.
Introduced in Senate
Referred to the Committee on Finance.
Committee on Finance requested executive comment from OMB, International Trade Commission, Office of the U.S. Trade Representative, Treasury Department, State Department, Commerce Department, Agriculture Department.
Subcommittee on International Trade. Hearings held.
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