A bill entitled: "The High Technology Antidumping Act of 1986".
High Technology Antidumping Act of 1986 - Grants any U.S. citizen a right to money damages for any business or property injury caused by dumping of certain high technology products with short life cycles. Requires the International Trade Commission (ITC) to conduct a proceeding to identify such products within one year of enactment of this Act. Requires the ITC to establish procedures to add or delete products from the list established by such proceeding.
Authorizes any petitioner who is successful in an antidumping investigation brought pursuant to the Tariff Act of 1930 to bring an action for civil damages in U.S. district court. Authorizes recovery of treble damages by the petitioner. Sets forth the court's jurisdiction. Provides for a stay of any order assessing such damage until final review of the antidumping investigation upon which it is based.
Requires the petitioner, within three days of the final affirmative determination of dumping by the ITC, to elect to: (1) allow the imposition of antidumping duties pursuant to the Tariff Act of 1930; or (2) preserve the right to seek damages from the foreign producers of the commodity involved in the antidumping investigation and to allow the imposition of antidumping duties pursuant to this Act. Provides that if the petitioner elects option (2) the antidumping duties shall be imposed pursuant to the Tariff Act of 1930 except that: (1) such duties shall only be assessed against the foreign producer of the article which is the subject of the affirmative determination; (2) the duties collected shall accrue in a separate account in the Treasury and payments shall be made from that account to satisfy damages awarded to the petitioner; and (3) the appropriate customs officer shall take the necessary measures to ensure that such duties are collected.
Requires the Department of Commerce, if the petitioner elects to have antidumping duties imposed pursuant to this Act, to determine in each periodic administrative review conducted pursuant to the Tariff Act of 1930 whether the dumping has continued. Requires the ITC, in conjunction with each such review, to provide an opportunity for interested persons who were not petitioners in the original investigation to join as petitioners. Authorizes any petitioner in an antidumping investigation undergoing such review in which an affirmative finding of dumping has been made to bring an action for civil damages. Authorizes recovery of treble damages by the petitioner.
Requires the Secretary of Commerce to maintain a list of all persons producing commodities that have been the subject of a final affirmative determination in an antidumping investigation. Requires the Secretary of Commerce to notify the ITC if any such person has been the subject of three such determinations. Requires the ITC: (1) within 90 days, to prohibit imports of any articles produced by such person for five years except where such prohibition would be injurious to the national defense, public health and welfare, or to U.S. consumers; and (2) to notify the Secretary of the Treasury (who will then enforce such prohibition). Authorizes the ITC to modify, suspend, or terminate such prohibition under certain circumstances.
Requires the Secretary of Commerce to: (1) establish procedures for monitoring the importation of commodities by a foreign person if such person produces commodities which have been the subject of two final affirmative determinations in antidumping investigations; and (2) start an antidumping investigation if, as a result of such monitoring, the Secretary determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than fair market value.
Introduced in House
Introduced in House
Referred to House Committee on The Judiciary.
Referred to House Committee on Ways and Means.
Referred to Subcommittee on Trade.
Referred to Subcommittee on Monopolies and Commercial Law.
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