I 

108TH CONGRESS 

1ST SESSION H. R. 2092

To amend the Tariff Act of 1930 to provide for an expedited antidumping 

investigation when imports increase materially from new suppliers after 

an antidumping order has been issued, and to amend the provision 

relating to adjustments to export price and constructed export price. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 14, 2003

Mr. BERRY (for himself, Mr. BROWN of South Carolina, Mr. ENGLISH, Mr. 

HAYES, Mr. GRIJALVA, Mr. EVANS, Mr. CRAMER, Mr. STUPAK, Mrs. 

MYRICK, Mr. SPRATT, Mr. TURNER of Texas, Ms. KAPTUR, Mr. WILSON

of South Carolina, Mr. BACHUS, Mr. PICKERING, Mr. BEREUTER, and 

Mr. ADERHOLT) introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL

To amend the Tariff Act of 1930 to provide for an expedited 

antidumping investigation when imports increase materially from new suppliers after an antidumping order has 

been issued, and to amend the provision relating to adjustments to export price and constructed export price.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Expedited Remedy for 

5 Persistent Dumping Act of 2003’’. 
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1 SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMP2 ING IS PRESENT. 

3 Section 732(a)(2) of the Tariff Act of 1930 (19 

4 U.S.C. 1673a(a)(2)) is amended—

5 (1) by striking subparagraph (A) and inserting 

6 the following: 

7 ‘‘(A) INITIATION OF EXPEDITED INVES8 TIGATION.—An expedited antidumping duty in9 vestigation shall be initiated with respect to a 

10 particular class or kind of merchandise that is 

11 subject to an existing antidumping order within 

12 20 days of the request of an interested party 

13 described in subparagraph (C), (D), (E), (F), 

14 or (G) of section 771(9), if the administering 

15 authority determines, from information avail16 able to it, that imports of such class or kind of 

17 merchandise have increased materially from an 

18 additional supplier country, as defined in sub19 paragraph (C), during a period of 90 days or 

20 during a longer period as determined by the ad21 ministering authority to be appropriate. The re22 quest shall allege and present supporting infor23 mation that such imports are occurring. The 

24 administering authority, in making a deter25 mination under this subparagraph, shall con26 sider the public record of its investigation of 
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1 imports of merchandise subject to the existing 

2 antidumping order.’’; 

3 (2) by striking subparagraph (B) and inserting 

4 the following: 

5 ‘‘(B) INCREASED MATERIALLY.—The ad6 ministering authority shall consider imports of 

7 merchandise from an additional supplier coun8 try to have increased materially if such imports 

9 have increased by 15 percent or more over the 

10 amount of such imports during a period of com11 parable duration preceding initiation of the 

12 antidumping investigation of imports of mer13 chandise subject to the existing antidumping 

14 order.’’; and 

15 (3) by striking subparagraph (D) and inserting 

16 the following: 

17 ‘‘(D) PROCEDURES AND INJURY DETER18 MINATIONS FOR EXPEDITED INVESTIGA19 TIONS.—

20 ‘‘(i) The provisions of subsections 

21 (b)(3), (c)(4), (d), and (e) of this section, 

22 section 733 (b), (d), and (e), section 734 

23 (a), (b), (c), (d), (e), (f), (i), (k), and (l), 

24 and section 735 (a), (c), (d), and (e) shall 

25 apply to expedited investigations under this 
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1 paragraph, except that the administering 

2 authority shall issue a preliminary deter3 mination within 90 days of receiving a re4 quest for an investigation under subpara5 graph (A). 

6 ‘‘(ii) Not later than 45 days after the 

7 date on which the request under subpara8 graph (A) is received by the administering 

9 authority, the Commission shall determine 

10 if there is a reasonable indication of mate11 rial injury or threat of material injury as 

12 prescribed in section 733(a)(1). 

13 ‘‘(iii) If the Commission makes an af14 firmative determination that there is a rea15 sonable indication of material injury and 

16 the administering authority makes an af17 firmative final determination, the Commis18 sion shall make a final determination as 

19 prescribed in section 735(b)(1) before the 

20 later of—

21 ‘‘(I) the 120th day after the day 

22 on which the administering authority 

23 makes its affirmative preliminary de24 termination under this subparagraph, 

25 or 
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1 ‘‘(II) the 45th day after the day 

2 on which the administering authority 

3 makes its affirmative final determina4 tion under section 735(a). 

5 ‘‘(iv) The Commission shall make a 

6 determination under this subparagraph 

7 from reasonably available information (in8 cluding public information on the adminis9 trative record of its investigation of im10 ports of merchandise subject to the exist11 ing antidumping order). 

12 ‘‘(v) An affirmative final determina13 tion shall not be made unless the Commis14 sion determines pursuant to the factors de15 scribed in sections 735(b)(1) and 771(7) 

16 that an industry in the United States is 

17 materially injured, or threatened with ma18 terial injury, by reason of imports of the 

19 subject merchandise and that imports of 

20 the subject merchandise are not neg21 ligible.’’. 

22 SEC. 3. REIMBURSEMENT OF DUTIES. 

23 Section 772(c)(2) of the Tariff Act of 1930 (19 

24 U.S.C. 1677a(c)(2)) is amended—
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1 (1) by striking ‘‘and’’ at the end of subpara2 graph (A); 

3 (2) by striking the period at the end of sub4 paragraph (B) and inserting a comma; and 

5 (3) by adding at the end the following new sub6 paragraphs: 

7 ‘‘(C) an amount equal to the dumping 

8 margin calculated under section 771(35)(A), 

9 unless the producer or exporter is able to dem10 onstrate that the importer was in no way reim11 bursed for any antidumping duties paid, and 

12 ‘‘(D) an amount equal to the net 

13 countervailable subsidy calculated under section 

14 771(6), unless the producer or exporter is able 

15 to demonstrate that the importer was in no way 

16 reimbursed for any countervailing duties paid.’’. 

17 SEC. 4. APPLICATION TO CANADA AND MEXICO. 

18 Pursuant to article 1902 of the North American Free 

19 Trade Agreement and section 408 of the North American 

20 Free Trade Agreement Implementation Act, the amend21 ments made by this Act shall apply with respect to goods 

22 from Canada and Mexico.

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