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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9724 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9724

  To provide additional authority of the United States International 
      Trade Commission under section 301 of the Trade Act of 1974.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                           September 20, 2024

 Mr. Arrington (for himself, Mr. Ferguson, Mr. Moore of Utah, and Mr. 
   Guthrie) introduced the following bill; which was referred to the 
Committee on Ways and Means, and in addition to the Committee on Rules, 
for a period to be subsequently determined by the Speaker, in each case 
for consideration of such provisions as fall within the jurisdiction of 
                        the committee concerned

_______________________________________________________________________

                                 A BILL

 
  To provide additional authority of the United States International 
      Trade Commission under section 301 of the Trade Act of 1974.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Axing Non-market Tariff Evasion 
Act'' or ``ANTE Act''.

SEC. 2. ADDITIONAL AUTHORITY OF THE UNITED STATES INTERNATIONAL TRADE 
              COMMISSION UNDER SECTION 301 OF THE TRADE ACT OF 1974.

    Section 301 of the Trade Act of 1974 (19 U.S.C. 2411) is amended by 
adding at the end the following:
    ``(e) Additional Authority of the USITC.--
            ``(1) In general.--The United States International Trade 
        Commission is authorized to investigate whether entities 
        controlled by the governments of non-market economy countries 
        are establishing or planning to establish investments in third 
        countries to evade tariffs imposed under this section on the 
        non-market economy. If the Commission makes an affirmative 
        determination, it can recommend a trade remedy to the President 
        or Congress against the third-country investment equal to the 
        value of the tariff imposed under this section on the relevant 
        product exported from the non-market economy country.
            ``(2) Non-market economy countries defined.--For purposes 
        of this subsection, the term ``non-market economy countries'' 
        means those countries listed on both--
                    ``(A) the Department of Commerce's International 
                Trade Administration's determination pertinent to 
                section 771(18) of the Tariff Act of 1930; and
                    ``(B) the Office of the United States Trade 
                Representative's `Special 301 Priority Watch List'.
            ``(3) Matters relating to investigations.--
                    ``(A) An investigation under this subsection may be 
                requested by--
                            ``(i) industry petitioners;
                            ``(ii) the Office of the United States 
                        Trade Representative; or
                            ``(iii) Congress.
                    ``(B) If the Commission determines that there is a 
                reasonable indication that an investment or planned 
                investment by a non-market entity in a third country is 
                established or planned to be established in a third 
                country to evade United States tariffs, the Commission 
                may initiate the investigation under this subsection.
                    ``(C) The Commission shall determine--
                            ``(i) if an investigation is germane not 
                        later than 45 days after the petitioner's 
                        request; and
                            ``(ii) if a remedy is warranted not later 
                        than 180 days after making a determination 
                        under clause (i).
                    ``(D) During its investigation, the Commission 
                shall make an affirmative determination of tariff 
                evasion if it is found that the third country 
                investment is--
                            ``(i) being established or acquired by an 
                        entity owned by, controlled by, or subject to 
                        the jurisdiction or direction of a non-market 
                        economy country;
                            ``(ii) producing or planning to produce a 
                        good subject to a Section 301 tariff, but not 
                        subject to an exclusion, on the non-market 
                        economy country; and
                            ``(iii) exporting or planning on exporting 
                        this good to the United States.
            ``(4) Matters relating to determinations.--
                    ``(A) If the Commission determines that an entity 
                controlled by a non-market economy country is 
                establishing or planning to establish an investment in 
                a third country to evade paying United States tariffs 
                on the non-market economy country, the Commission may 
                recommend a remedy against the investment itself or 
                broad imports of the product in question from the third 
                country.
                    ``(B) If the Commission determines that action 
                should be taken against imports only from the third 
                country investment, the President may unilaterally 
                impose a retaliatory measure exclusively against the 
                third-country investment. This action can be reactively 
                taken if the third country facility has recently begun 
                production, or proactively taken if the non-market 
                entity has immediate plans to establish production in 
                the third country. If the President does not act 
                against the entity after an affirmative the 
                Commission's determination, the President shall submit 
                feedback to Congress explaining why the decision was 
                not taken, expressing the social and economic impacts 
                of not taking action.
                    ``(C) If the Commission determines that action 
                should be taken against broad imports from the third 
                country in which the non-market-controlled entity is 
                operating or planning to go into operation, the 
                Commission shall submit this determination to the House 
                Ways and Means Committee and Senate Finance Committee 
                and recommend congressional action. Once a Member 
                introduces a joint resolution of approval described in 
                paragraph (5) in either Chamber, the resolution would 
                be subject to an automatic discharge from both 
                committees of jurisdiction and the resolution would be 
                decided without debate in the Senate. Under this 
                proposal, the President would not have the unilateral 
                ability under this section to proactively place tariffs 
                on a wide range of products from the third country, if 
                the third country has not previously been determined to 
                be engaging in an unfair trade practice as defined by 
                this section.
                    ``(D) If a remedy is enacted by the President or 
                Congress, the policy shall last between three-to-eight 
                years, subject to the discretion of the Commission. One 
                year before the remedy is set to expire, the Commission 
                shall review whether the circumstance or threat of 
                tariff evasion has been diminished because of the 
                action, following the criteria the Commission would be 
                required to use to make the original determination. If 
                the circumstance or threat has not diminished, the 
                Commission may recommend continuing the remedy.
            ``(5) Joint resolution of approval.--
                    ``(A) An action to adjust imports proposed by the 
                President in a report submitted to Congress under 
                paragraph (4)(C) shall have force and effect only if, 
                during the period of 60 calendar days beginning on the 
                date on which the report is submitted, a joint 
                resolution of approval is enacted pursuant to 
                subparagraph (B).
                    ``(B) In this subparagraph, the term `joint 
                resolution of approval' means only a joint resolution 
                of either House of Congress--
                            ``(i) the title of which is as follows: `A 
                        joint resolution approving the proposal of the 
                        President to take an action relating to the 
                        adjustment of imports entering into the United 
                        States in such quantities or under such 
                        circumstances as to threaten or impair the 
                        national security.'; and
                            ``(ii) the sole matter after the resolving 
                        clause of which is the following: `Congress 
                        approves of the proposal of the President 
                        relating to the adjustment of imports to 
                        protect the national security as described in 
                        the report submitted to Congress under section 
                        301(e) of the Trade Act of 1974 on _____ 
                        relating to _____.', with the first blank space 
                        being filled with the appropriate date and the 
                        second blank space being filled with a short 
                        description of the proposed action.
                    ``(C) During the period of 60 calendar days 
                provided for under subparagraph (A), a joint resolution 
                of approval may be introduced in either House by any 
                Member.
                    ``(D)(i) A joint resolution of approval introduced 
                in the House of Representatives shall be referred to 
                the Committee on Ways and Means.
                    ``(ii) If the Committee on Ways and Means has not 
                reported the joint resolution of approval within 10 
                calendar days after the date of referral, the Committee 
                shall be discharged from further consideration of the 
                joint resolution.
                    ``(iii) Beginning on the third legislative day 
                after the Committee on Ways and Means reports the joint 
                resolution of approval to the House or has been 
                discharged from further consideration thereof, it shall 
                be in order to move to proceed to consider the joint 
                resolution in the House. All points of order against 
                the motion are waived. Such a motion shall not be in 
                order after the House has disposed of a motion to 
                proceed on the joint resolution. The previous question 
                shall be considered as ordered on the motion to its 
                adoption without intervening motion. The motion shall 
                not be debatable. A motion to reconsider the vote by 
                which the motion is disposed of shall not be in order.
                    ``(iv) The joint resolution of approval shall be 
                considered as read. All points of order against the 
                joint resolution and against its consideration are 
                waived. The previous question shall be considered as 
                ordered on the joint resolution to final passage 
                without intervening motion except 2 hours of debate 
                equally divided and controlled by the sponsor of the 
                joint resolution (or a designee) and an opponent. A 
                motion to reconsider the vote on passage of the joint 
                resolution shall not be in order.
                    ``(E)(i) A joint resolution of approval introduced 
                in the Senate shall be referred to the Committee on 
                Finance.
                    ``(ii) If the Committee on Finance has not reported 
                the joint resolution of approval within 10 calendar 
                days after the date of referral of the joint 
                resolution, the Committee shall be discharged from 
                further consideration of the joint resolution and the 
                joint resolution shall be placed on the appropriate 
                calendar.
                    ``(iii) Notwithstanding Rule XXII of the Standing 
                Rules of the Senate, it is in order at any time after 
                the Committee on Finance reports a joint resolution of 
                approval or has been discharged from consideration of 
                such a joint resolution to move to proceed to the 
                consideration of the joint resolution. The motion to 
                proceed is not debatable. The motion is not subject to 
                a motion to postpone. A motion to reconsider the vote 
                by which the motion is agreed to or disagreed to shall 
                not be in order.
                    ``(iv) Appeals from the decisions of the Chair 
                relating to the application of the rules of the Senate 
                to the procedure relating to a joint resolution of 
                approval shall be decided by the Senate without debate.
                    ``(F)(i) Except as provided in clause (ii), a joint 
                resolution of approval that has passed the House of 
                Representatives shall, when received in the Senate, be 
                referred to the Committee on Finance for consideration 
                in accordance with subparagraph (D).
                    ``(ii) If a joint resolution of approval was 
                introduced in the Senate before receipt of a joint 
                resolution of approval that has passed the House of 
                Representatives--
                            ``(I) the joint resolution from the House 
                        of Representatives shall, when received in the 
                        Senate, be placed on the calendar; and
                            ``(II) the procedures in the Senate with 
                        respect to a joint resolution of approval 
                        introduced in the Senate shall be the same as 
                        if no joint resolution of approval had been 
                        received from the House of Representatives, 
                        except that the vote on passage in the Senate 
                        shall be on the joint resolution that passed 
                        the House of Representatives.
                    ``(iii) If the Senate passes a joint resolution of 
                approval before receiving a joint resolution of 
                approval from the House of Representatives, the joint 
                resolution of the Senate shall be held at the desk 
                pending receipt of the joint resolution from the House 
                of Representatives. Upon receipt of the joint 
                resolution of approval from the House of 
                Representatives, such joint resolution shall be deemed 
                to be read twice, considered, read the third time, and 
                passed.
                    ``(iv) If the Senate receives a joint resolution of 
                approval from the House of Representatives, and no 
                joint resolution of approval has been introduced in the 
                Senate, the procedures described in subparagraph (E) 
                shall apply to consideration of the joint resolution of 
                the House.
                    ``(G) This subparagraph is enacted by Congress--
                            ``(i) as an exercise of the rulemaking 
                        power of the Senate and the House of 
                        Representatives, respectively, and as such is 
                        deemed a part of the rules of each House, 
                        respectively, and supersedes other rules only 
                        to the extent that it is inconsistent with such 
                        rules; and
                            ``(ii) with full recognition of the 
                        constitutional right of either House to change 
                        the rules (so far as relating to the procedure 
                        of that House) at any time, in the same manner, 
                        and to the same extent as in the case of any 
                        other rule of that House.''.
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