WORLD TRADE  
ORGANIZATION   
G/ADP/N/1/USA/1/Suppl.10 
G/SCM/N/1/USA/1/Suppl.10 20 April 2012 
 
(12-2106) 
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 
 
Supplement 
   The following communication, dated 17 April 2012, is being circulated at the request of the 
Delegation of the United States. 
 
_______________ 
 
  Pursuant to Article 32.6 of the Agreemen t 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. 112-99 (126 Stat. 265), which amends the Tariff Act of 1930 regarding the application of the U.S. countervailing duty law to subsidized imports from countries designated as nonmarket economies for U.S. antidumping purposes.    
[112th Congress Public Law 99] 
[From the U.S. Government Printing Office]  [[Page 126 STAT. 265]]  Public Law 112-99 
112th Congress 
 An Act   
  
To apply the countervailing duty provisions of  the Tariff Act of 193 0 to nonmarket economy 
countries, and for other purposes. <<NO TE:  Mar. 13, 2012 -  [H.R. 4105]>> 
 Be it enacted by the Senate and House of Representa tives of the United States of America in Congress 
assembled, 
 SECTION 1. APPLICATION OF COUNTERVAILING DUTY PROVISIONS TO 
NONMARKET ECONOMY COUNTRIES. 
  (a) In General.--Section 701 of the Tariff Ac t of 1930 (19 U.S.C. 1671) is amended by adding 
at the end the following: 
 G/ADP/N/1/USA/1/Suppl.10 
G/SCM/N/1/USA/1/Suppl.10 Page 2 
 
 
  "(f) Applicability to Proceedings I nvolving Nonmarket Economy Countries.— 
  "(1) In general.--Except as provided in  paragraph (2), the merchandise on which 
countervailing duties shall be imposed under s ubsection (a) includes a class or kind of 
merchandise imported, or sold (or likely to be  sold) for importation, into the United States 
from a nonmarket economy country. 
 "(2) Exception.--A countervailing duty is not re quired to be imposed under subsection (a) on 
a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the 
United States from a nonmarket economy country if the administering authority is unable to 
identify and measure subsidies provided by the government of the nonmarket economy 
country or a public entity within the territory of the nonmarket economy country because the economy of that country is essentially comprised of a single entity.''. 
  (b) <<NOTE: 19 USC 1671 note.>>  Effectiv e Date.--Subsection (f) of section 701 of the 
Tariff Act of 1930, as added by subsecti on (a) of this section, applies to— 
  (1) all proceedings initiated under subtitle A of  title VII of that Act (19 U.S.C. 1671 et seq.) 
on or after November 20, 2006; 
 (2) all resulting actions by U.S. Customs and Border Protection; and  (3) all civil actions, criminal proceedings, and other proceedings before a Federal court 
relating to proceedings referred to  in paragraph (1) or actions re ferred to in paragraph (2). 
 SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PROCEEDINGS 
RELATING TO IMPORTS FROM NONMARKET ECONOMY COUNTRIES. 
 
 (a) In General.--Section 777A of the Tariff Act of 1930 (19 U.S.C. 1677f-1) is amended by 
adding at the end the following:  [[Page 126 STAT. 266]]   (f) Adjustment of Antidumping Duty in Certain Proceedings Relating to Imports From 
Nonmarket Economy Countries.— 
  (1) In general.--If the administering authority de termines, with respect to a class or kind of 
merchandise from a nonmarket economy country  for which an antidumping duty is 
determined using normal value pursuant to section 773(c), that— 
 
 "(A) pursuant to section 701(a)(1), a count ervailable subsidy (other than an export 
subsidy referred to in section 772(c)(1)(C)) has been provided  with respect to the 
class or kind of merchandise, 
 "(B) such countervailable subsidy has been  demonstrated to have reduced the average 
price of imports of the class or kind of merchandise during the relevant period, and 
 "(C) the administering authority can reasonably estimate the extent to which the 
countervailable subsidy referred to in subpara graph (B), in combination with the use 
of normal value determined pursuant to section 773(c), has increased the weighted 
average dumping margin for the class or kind of merchandise, the administering 
authority shall, except as provided in paragraph (2), reduce the antidumping duty by 
the amount of the increase in the weighted  average dumping margin estimated by the 
administering authority under subparagraph (C). 
  "(2) Maximum reduction in antidumping duty.--The administering authority may not reduce 
the antidumping duty applicable to a class or kind of merchandise from a nonmarket economy  G/ADP/N/1/USA/1/Suppl.10 
 G/SCM/N/1/USA/1/Suppl.10  Page 3 
 
 
  country under this subsection by more than  the portion of the countervailing duty rate 
attributable to a countervailable subsidy that is  provided with respect to the class or kind of 
merchandise and that meets the conditions describ ed in subparagraphs (A), (B), and (C) of 
paragraph (1).''. 
 
 (b) <<NOTE: Applicability. 19 USC 1677f-1 note.>> Effective Date.-- Subsection (f) of section 777A of the Tariff Act of 1930, as added by  subsection (a) of this section, applies to— 
 
(1) all investigations and reviews initiated pursuan t to title VII of that Act (19 U.S.C. 1671 et 
seq.) on or after the date of the enactment of this Act; and 
(2) subject to subsection (c) of section 129 of  the Uruguay Round Agreements Act (19 U.S.C. 
3538), all determinations 
 [[Page 126 STAT. 267]] 
 
 issued under subsection (b)(2) of that section on or after the date of the enactment of this Act. 
  Approved March 13, 2012.  LEGISLATIVE HISTORY--H.R. 4105 (S. 2153): 
--------------------------------------------------------------------------- 
 CONGRESSIONAL RECORD, Vol. 158 (2012):  Mar. 6, considered and passed House.  Mar. 7, considered and passed Senate. 
 
<all> 
   
__________