H. R. 4105 

One Hundred Twelfth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Tuesday, 

the third day of January, two thousand and twelve 

An Act 

To apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket 

economy countries, and for other purposes. 

Be it enacted by the Senate and House of Representatives 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 Act of 1930 (19 

U.S.C. 1671) is amended by adding at the end the following: 

‘‘(f) APPLICABILITY TO PROCEEDINGS INVOLVING NONMARKET

ECONOMY COUNTRIES.— 

‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 

the merchandise on which countervailing duties shall be 

imposed under subsection (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 required 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) EFFECTIVE DATE.—Subsection (f) of section 701 of the Tariff 

Act of 1930, as added by subsection (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 referred 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: 
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‘‘(f) ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PROCEEDINGS RELATING TO IMPORTS FROM NONMARKET ECONOMY

COUNTRIES.— 

‘‘(1) IN GENERAL.—If the administering authority determines, 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 countervailable 

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 subparagraph (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 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 described in 

subparagraphs (A), (B), and (C) of paragraph (1).’’. 

(b) 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 pursuant 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 
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issued under subsection (b)(2) of that section on or after the 

date of the enactment of this Act. 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.