G/ADP/N/1/USA/1/Suppl.20  
G/SCM/N/1/USA/1/Suppl.20  
 
16 July 2015  
(15-3665)  Page: 1/5  
Committee on Anti-Dumping Practices 
Committee on Subsidies and Countervailing Measures  Original: English  
 
NOTIFICATION OF LAWS AND REGULATIONS  UNDER  
ARTICLES 18.5 AND 32.6 OF THE AGREEMENTS  
UNITED STATES OF AMERICA  
Supplement 
The following communication, dated 14 July 2015, is being circulated at the request of the 
Delegation of the United States.  
_______________ 
 
 Pursuant to Article 32.6 of the Agreement on Subsidies and Countervailing Measures and 
Article 18.5 of the Agreement on Implementation of  Article VI of the General Agreement on Tariffs 
and Trade 1994, the United States hereby notifies   
Pub. L. No. 114-27 (129 Stat. 362), which amends the Tariff Act of 1930 regarding the application 
of the U.S. antidumping and countervailing du ty law to dumped and subsidized imports. 
 [From the U.S. Government Publishing Office] 
 
 One Hundred Fourteenth Congress   of the 
 United States of America 
  
 AT THE FIRST SESSION 
  Begun and held at the City of Washington on Tuesday,  the sixth day of January, two thousand and fifteen 
 
  An Act 
 
 * * * * *  
TITLE V—IMPROVEMENTS TO ANTIDUMPING 
AND COUNTERVAILING DUTY LAWS 
 
SEC. 501. SHORT TITLE.  
This title may be cited as the "America n Trade Enforcement Effectiveness Act".  
 SEC. 502. CONSEQUENCES OF FAILURE TO COOPERATE WITH A REQUEST FOR INFORMATION IN 
A PROCEEDING. 
 Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is amended—  G/ADP/N/1/USA/1/Suppl.20 • G/SCM/N/1/USA/1/Suppl.20 
 
- 2 - 
 
  (1) in subsection (b)— 
 
(A) by redesignating paragraphs (1) throug h (4) as subparagraphs (A) through (D), 
respectively, and by moving such subparagraphs, as so redesignated, 2 ems to the right;  
 
(B) by striking "A DVERSE INFERENCES .—If" and inserting the following: "A DVERSE 
INFERENCES .—  
 
"(1) IN GENERAL.—If "; 
 
(C) by striking "under this title, may use" and inserting the following: "under this 
title—  
 
"(A) may use"; and  
 
(D) by striking "facts otherwise available.  Such adverse inference may include" and 
inserting the following: "facts otherwise available; and  
 
"(B) is not required to determine, or make any adjustments to, a countervailable 
subsidy rate or weighted average dumping margin based on any assumptions about information the interested party would have provided if the interested party had complied 
with the request for information.  
 
"(2) POTENTIAL SOURCES OF INFORMATION FOR ADVERSE INFERENCES.—An adverse 
inference under paragraph (1)(A) may include "; 
 
(2) in subsection (c)— 
 
(A) by striking "C
ORROBORATION OF SECONDARY INFORMATION .—When the" and inserting the 
following: "C ORROBORATION OF SECONDARY INFORMATION .—  
 
" (1) IN GENERAL.—Except as provided in paragraph (2), when the "; and 
 
(B) by adding at the end the following:  
 
"(2) EXCEPTION.—The administrative authority and the Commission shall not be required to 
corroborate any dumping margin or countervailing du ty applied in a separate segment of the same 
proceeding ."; and 
 
(3) by adding at the end the following: 
 
"(d) S UBSIDY RATES AND DUMPING MARGINS IN ADVERSE INFERENCE DETERMINATIONS .— 
 
"(1) IN GENERAL.—If the administering authority uses an inference that is adverse to the 
interests of a party under subsection (b)(1)(A) in selecting among the facts otherwise available, 
the administering authority may — 
 
"(A) in the case of a countervailing duty proceeding— 
 
"(i) use a countervailable subsidy rate applied for the same or similar program in a countervailing duty proceeding involving the same country; or 
 
"(ii) if there is no same or similar program, use a countervailable subsidy rate for a subsidy program from a proceeding that the administering authority 
considers reasonable to use; and 
 
"(B) in the case of an antidumping duty  proceeding, use any dumping margin from 
any segment of the proceeding under the applicable antidumping order. 
 
"(2) DISCRETION TO APPLY HIGHEST RATE.—In carrying out paragraph (1), the 
administering authority may apply any of the co untervailable subsidy rates or dumping margins 
specified under that paragraph, including the highes t such rate or margin, based on the evaluation G/ADP/N/1/USA/1/Suppl.20 • G/SCM/N/1/USA/1/Suppl.20 
 
- 3 - 
 
  by the administering authority of the situation that  resulted in the administering authority using an 
adverse inference in selecting among the facts otherwise available . 
 
"(3) NO OBLIGATION TO MAKE CERTAIN ESTI MATES OR ADDRESS CERTAIN CLAIMS.—If the 
administering authority uses an adverse inference under subsection (b)(1)(A) in selecting among 
the facts otherwise available, the administering authority is not required, for purposes of subsection (c) or for any other purpose— 
 
"(A) to estimate what the countervailable subsidy rate or dumping margin would have 
been if the interested party found to have failed to cooperate under subsection (b)(1) had cooperated; or 
 
"(B) to demonstrate that the countervailable subsidy rate or dumping margin used by 
the administering authority reflects an alleged commercial reality of the interested party.". 
 
SEC. 503. DEFINITION OF MATERIAL INJURY.  
(a) E
FFECT OF PROFITABILITY OF DOMESTIC INDUSTRIES .—Section 771(7) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)) is amended by adding at the end the following:  
 
"(J) EFFECT OF PROFITABILITY.—The Commission may not determine that there is no 
material injury or threat of material injury to an industry in the United States merely 
because that industry is profitable or because the performance of that industry has recently improved.".  
 
(b) E
VALUATION OF IMPACT ON DOMESTIC INDUSTRY IN DETERMINATION OF MATERIAL INJURY .—Subclause 
(I) of section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read 
as follows:  
 
"(I) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on 
investments, return on assets, and utilization of capacity,".  
 
(c) C
APTIVE PRODUCTION .—Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 
1677(7)(C)(iv)) is amended— 
 
(1) in subclause (I), by striking the comma and inserting ", and";  
 
(2) in subclause (II), by striking ", and" and inserting a comma; and  
 
(3) by striking subclause (III).  
 
SEC. 504. PARTICULAR MARKET SITUATION.  
(a) D
EFINITION OF ORDINARY COURSE OF TRADE .—Section 771(15) of the Tariff Act of 1930 (19 
U.S.C. 1677(15)) is amended by adding at the end the following:  
 
"(C) Situations in which the administering authority determines that the particular 
market situation prevents a proper comparison with the export price or constructed export 
price.".  
 
(b) Definition of normal value.—Section 773(a )(1)(B)(ii)(III) of the Tariff Act of 1930 (19 
U.S.C. 1677b(a)(1)(B)(ii)(III)) is amended by striking "in such other country.".  
 
(c) D EFINITION OF CONSTRUCTED VALUE .—Section 773(e) of the Tariff Act of 1930 (19 U.S.C. 
1677b(e)) is amended— 
 
(1) in paragraph (1), by striking "business" and inserting "trade"; and  
 
(2) by striking the flush text at th e end and inserting the following:  
 G/ADP/N/1/USA/1/Suppl.20 • G/SCM/N/1/USA/1/Suppl.20 
 
- 4 - 
 
  " F o r  p u r p o s e s  o f  p a r a g r a p h  ( 1 ) ,  i f  a  p a r t i c u l a r  m a r k e t  s i t u a t i o n  e x i s t s  s u c h  t h a t  t h e  c o s t  o f  
materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calc ulation methodology. For purposes of paragraph 
(1), the cost of materials shall be determined without regard to any internal tax in the exporting 
country imposed on such materials or their disposition that is remitted or refunded upon exportation of the subject merchandise produced from such materials.". 
 
SEC. 505. DISTORTION OF PRICES OR COSTS.  
(a) I
NVESTIGATION OF BELOW -COST SALES .—Section 773(b)(2) of the Tariff Act of 1930 (19 U.S.C. 
1677b(b)(2)) is amended by striking subpara graph (A) and inserting the following:  
 
"(A) REASONABLE GROUNDS TO BELIEVE OR SUSPECT.— 
 
"(i) REVIEW.—In a review conducted under section 751 involving a specific 
exporter, there are reasonable grounds to believe or suspect that sales of the foreign 
like product have been made at prices that are less than the cost of production of the 
product if the administering authority disreg arded some or all of the exporter's sales 
pursuant to paragraph (1) in the investigation or, if a review has been completed, in the most recently completed review.  
 
"(ii) REQUESTS FOR INFORMATION.—In an investigation initiated under 
section 732 or a review conducted under section 751, the administering authority shall 
request information necessary to calculate the constructed value and cost of 
production under subsections (e) and (f) to determine whether there are reasonable grounds to believe or suspect that sales of the foreign like product have been made at 
prices that represent less than the cost of production of the product.".  
 
(b) P
RICES AND COSTS IN NONMARKET ECONOMIES .—Section 773(c) of the Tariff Act of 1930 (19 
U.S.C. 1677b(c)) is amended by adding at the end the following:  
 
"(5) DISCRETION TO DISREGARD CERTAIN PRIC E OR COST VALUES.—In valuing the factors 
of production under paragraph (1) for the subjec t merchandise, the administering authority may 
disregard price or cost values without further investigation if the administering authority has 
determined that broadly available export subsidies existed or particular instances of subsidization 
occurred with respect to those price or cost values or if those price or cost values were subject to 
an antidumping order .". 
 SEC. 506. REDUCTION IN BURDEN ON DEPARTMENT OF COMMERCE BY REDUCING THE NUMBER OF VOLUNTARY RESPONDENTS. 
 
Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) is amended—  
 
(1) in paragraph (1), by redesignating subpara graphs (A) and (B) as clauses (i) and (ii), 
respectively, and by moving such clauses, as so redesignated, 2 ems to the right;   
(2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B), respectively, and 
by moving such subparagraphs, as so redesignated, 2 ems to the right;   
(3) by striking "I
NVESTIGATIONS AND REVIEWS .—In" and inserting the following: "I NVESTIGATIONS 
AND REVIEWS .—  
 "(1) IN GENERAL.—In "; 
 
(4) in paragraph (1), as designated by paragraph (3), by amending subparagraph (B), as 
redesignated by paragraph (2), to read as follows:  
 
"(B) the number of exporters or producers subj ect to the investigation or review is not 
so large that any additional individual examin ation of such exporters or producers would be 
unduly burdensome to the administering authority and inhibit the timely completion of the 
investigation or review."; and  G/ADP/N/1/USA/1/Suppl.20 • G/SCM/N/1/USA/1/Suppl.20 
 
- 5 - 
 
   
(5) by adding at the end the following:   
"(2) DETERMINATION OF UNDULY BURDENSOME .—In determining if an individual 
examination under paragraph (1)(B) would be unduly burdensome, the administering authority 
may consider the following : 
 
"(A) The complexity of the issues or in formation presented in the proceeding, 
including questionnaires and any responses thereto . 
 
"(B) Any prior experience of the administering authority in the same or similar 
proceeding . 
 
"(C) The total number of investigations under subtitle A or B and reviews under 
section 751 being conducted by the administering authority as of the date of the 
determination . 
 
"(D) Such other factors relating to the timely completion of each such investigation 
and review as the administering authority considers appropriate .". 
 SEC. 507. 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 (19 U.S.C. 3438), the amendments 
made by this title shall apply with respect to goods from Canada and Mexico.  
__________