I 

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. 

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 ‘‘Axing Non-market 

5 Tariff Evasion Act’’ or ‘‘ANTE Act’’. 


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1 SEC. 2. ADDITIONAL AUTHORITY OF THE UNITED STATES 

2 INTERNATIONAL TRADE COMMISSION UNDER 

3 SECTION 301 OF THE TRADE ACT OF 1974. 

4 Section 301 of the Trade Act of 1974 (19 U.S.C. 

5 2411) is amended by adding at the end the following: 

6 ‘‘(e) ADDITIONAL AUTHORITY OF THE USITC.— 

7 ‘‘(1) IN GENERAL.—The United States Inter8 national Trade Commission is authorized to inves9 tigate whether entities controlled by the governments 

10 of non-market economy countries are establishing or 

11 planning to establish investments in third countries 

12 to evade tariffs imposed under this section on the 

13 non-market economy. If the Commission makes an 

14 affirmative determination, it can recommend a trade 

15 remedy to the President or Congress against the 

16 third-country investment equal to the value of the 

17 tariff imposed under this section on the relevant 

18 product exported from the non-market economy 

19 country. 

20 ‘‘(2) NON-MARKET ECONOMY COUNTRIES DE21 FINED.—For purposes of this subsection, the term 

22 ‘‘non-market economy countries’’ means those coun23 tries listed on both— 

24 ‘‘(A) the Department of Commerce’s Inter25 national Trade Administration’s determination 


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1 pertinent to section 771(18) of the Tariff Act 

2 of 1930; and 

3 ‘‘(B) the Office of the United States Trade 

4 Representative’s ‘Special 301 Priority Watch 

5 List’. 

6 ‘‘(3) MATTERS RELATING TO INVESTIGA7 TIONS.— 

8 ‘‘(A) An investigation under this sub9 section may be requested by— 

10 ‘‘(i) industry petitioners; 

11 ‘‘(ii) the Office of the United States 

12 Trade Representative; or 

13 ‘‘(iii) Congress. 

14 ‘‘(B) If the Commission determines that 

15 there is a reasonable indication that an invest16 ment or planned investment by a non-market 

17 entity in a third country is established or 

18 planned to be established in a third country to 

19 evade United States tariffs, the Commission 

20 may initiate the investigation under this sub21 section. 

22 ‘‘(C) The Commission shall determine— 

23 ‘‘(i) if an investigation is germane not 

24 later than 45 days after the petitioner’s re25 quest; and 


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1 ‘‘(ii) if a remedy is warranted not 

2 later than 180 days after making a deter3 mination under clause (i). 

4 ‘‘(D) During its investigation, the Commis5 sion shall make an affirmative determination of 

6 tariff evasion if it is found that the third coun7 try investment is— 

8 ‘‘(i) being established or acquired by 

9 an entity owned by, controlled by, or sub10 ject to the jurisdiction or direction of a 

11 non-market economy country; 

12 ‘‘(ii) producing or planning to produce 

13 a good subject to a Section 301 tariff, but 

14 not subject to an exclusion, on the non15 market economy country; and 

16 ‘‘(iii) exporting or planning on export17 ing this good to the United States. 

18 ‘‘(4) MATTERS RELATING TO DETERMINA19 TIONS.— 

20 ‘‘(A) If the Commission determines that an 

21 entity controlled by a non-market economy 

22 country is establishing or planning to establish 

23 an investment in a third country to evade pay24 ing United States tariffs on the non-market 

25 economy country, the Commission may recVerDate Sep 11 2014 21:49 Oct 04, 2024 Jkt 059200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H9724.IH H9724

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1 ommend a remedy against the investment itself 

2 or broad imports of the product in question 

3 from the third country. 

4 ‘‘(B) If the Commission determines that 

5 action should be taken against imports only 

6 from the third country investment, the Presi7 dent may unilaterally impose a retaliatory 

8 measure exclusively against the third-country 

9 investment. This action can be reactively taken 

10 if the third country facility has recently begun 

11 production, or proactively taken if the non-mar12 ket entity has immediate plans to establish pro13 duction in the third country. If the President 

14 does not act against the entity after an affirma15 tive the Commission’s determination, the Presi16 dent shall submit feedback to Congress explain17 ing why the decision was not taken, expressing 

18 the social and economic impacts of not taking 

19 action. 

20 ‘‘(C) If the Commission determines that 

21 action should be taken against broad imports 

22 from the third country in which the non-mar23 ket-controlled entity is operating or planning to 

24 go into operation, the Commission shall submit 

25 this determination to the House Ways and 


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1 Means Committee and Senate Finance Com2 mittee and recommend congressional action. 

3 Once a Member introduces a joint resolution of 

4 approval described in paragraph (5) in either 

5 Chamber, the resolution would be subject to an 

6 automatic discharge from both committees of 

7 jurisdiction and the resolution would be decided 

8 without debate in the Senate. Under this pro9 posal, the President would not have the unilat10 eral ability under this section to proactively 

11 place tariffs on a wide range of products from 

12 the third country, if the third country has not 

13 previously been determined to be engaging in 

14 an unfair trade practice as defined by this sec15 tion. 

16 ‘‘(D) If a remedy is enacted by the Presi17 dent or Congress, the policy shall last between 

18 three-to-eight years, subject to the discretion of 

19 the Commission. One year before the remedy is 

20 set to expire, the Commission shall review 

21 whether the circumstance or threat of tariff 

22 evasion has been diminished because of the ac23 tion, following the criteria the Commission 

24 would be required to use to make the original 

25 determination. If the circumstance or threat 


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1 has not diminished, the Commission may rec2 ommend continuing the remedy. 

3 ‘‘(5) JOINT RESOLUTION OF APPROVAL.— 

4 ‘‘(A) An action to adjust imports proposed 

5 by the President in a report submitted to Con6 gress under paragraph (4)(C) shall have force 

7 and effect only if, during the period of 60 cal8 endar days beginning on the date on which the 

9 report is submitted, a joint resolution of ap10 proval is enacted pursuant to subparagraph 

11 (B). 

12 ‘‘(B) In this subparagraph, the term ‘joint 

13 resolution of approval’ means only a joint reso14 lution of either House of Congress— 

15 ‘‘(i) the title of which is as follows: ‘A 

16 joint resolution approving the proposal of 

17 the President to take an action relating to 

18 the adjustment of imports entering into 

19 the United States in such quantities or 

20 under such circumstances as to threaten or 

21 impair the national security.’; and 

22 ‘‘(ii) the sole matter after the resolv23 ing clause of which is the following: ‘Con24 gress approves of the proposal of the Presi25 dent relating to the adjustment of imports 


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1 to protect the national security as de2 scribed in the report submitted to Con3 gress under section 301(e) of the Trade 

4 Act of 1974 on lllll relating to 

5 lllll.’, with the first blank space 

6 being filled with the appropriate date and 

7 the second blank space being filled with a 

8 short description of the proposed action. 

9 ‘‘(C) During the period of 60 calendar 

10 days provided for under subparagraph (A), a 

11 joint resolution of approval may be introduced 

12 in either House by any Member. 

13 ‘‘(D)(i) A joint resolution of approval in14 troduced in the House of Representatives shall 

15 be referred to the Committee on Ways and 

16 Means. 

17 ‘‘(ii) If the Committee on Ways and Means 

18 has not reported the joint resolution of approval 

19 within 10 calendar days after the date of refer20 ral, the Committee shall be discharged from 

21 further consideration of the joint resolution. 

22 ‘‘(iii) Beginning on the third legislative day 

23 after the Committee on Ways and Means re24 ports the joint resolution of approval to the 

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1 sideration thereof, it shall be in order to move 

2 to proceed to consider the joint resolution in the 

3 House. All points of order against the motion 

4 are waived. Such a motion shall not be in order 

5 after the House has disposed of a motion to 

6 proceed on the joint resolution. The previous 

7 question shall be considered as ordered on the 

8 motion to its adoption without intervening mo9 tion. The motion shall not be debatable. A mo10 tion to reconsider the vote by which the motion 

11 is disposed of shall not be in order. 

12 ‘‘(iv) The joint resolution of approval shall 

13 be considered as read. All points of order 

14 against the joint resolution and against its con15 sideration are waived. The previous question 

16 shall be considered as ordered on the joint reso17 lution to final passage without intervening mo18 tion except 2 hours of debate equally divided 

19 and controlled by the sponsor of the joint reso20 lution (or a designee) and an opponent. A mo21 tion to reconsider the vote on passage of the 

22 joint resolution shall not be in order. 

23 ‘‘(E)(i) A joint resolution of approval in24 troduced in the Senate shall be referred to the 

25 Committee on Finance. 


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1 ‘‘(ii) If the Committee on Finance has not 

2 reported the joint resolution of approval within 

3 10 calendar days after the date of referral of 

4 the joint resolution, the Committee shall be dis5 charged from further consideration of the joint 

6 resolution and the joint resolution shall be 

7 placed on the appropriate calendar. 

8 ‘‘(iii) Notwithstanding Rule XXII of the 

9 Standing Rules of the Senate, it is in order at 

10 any time after the Committee on Finance re11 ports a joint resolution of approval or has been 

12 discharged from consideration of such a joint 

13 resolution to move to proceed to the consider14 ation of the joint resolution. The motion to pro15 ceed is not debatable. The motion is not subject 

16 to a motion to postpone. A motion to reconsider 

17 the vote by which the motion is agreed to or 

18 disagreed to shall not be in order. 

19 ‘‘(iv) Appeals from the decisions of the 

20 Chair relating to the application of the rules of 

21 the Senate to the procedure relating to a joint 

22 resolution of approval shall be decided by the 

23 Senate without debate. 

24 ‘‘(F)(i) Except as provided in clause (ii), a 

25 joint resolution of approval that has passed the 


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1 House of Representatives shall, when received 

2 in the Senate, be referred to the Committee on 

3 Finance for consideration in accordance with 

4 subparagraph (D). 

5 ‘‘(ii) If a joint resolution of approval was 

6 introduced in the Senate before receipt of a 

7 joint resolution of approval that has passed the 

8 House of Representatives— 

9 ‘‘(I) the joint resolution from the 

10 House of Representatives shall, when re11 ceived in the Senate, be placed on the cal12 endar; and 

13 ‘‘(II) the procedures in the Senate 

14 with respect to a joint resolution of ap15 proval introduced in the Senate shall be 

16 the same as if no joint resolution of ap17 proval had been received from the House 

18 of Representatives, except that the vote on 

19 passage in the Senate shall be on the joint 

20 resolution that passed the House of Rep21 resentatives. 

22 ‘‘(iii) If the Senate passes a joint resolu23 tion of approval before receiving a joint resolu24 tion of approval from the House of Representa25 tives, the joint resolution of the Senate shall be 


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1 held at the desk pending receipt of the joint 

2 resolution from the House of Representatives. 

3 Upon receipt of the joint resolution of approval 

4 from the House of Representatives, such joint 

5 resolution shall be deemed to be read twice, 

6 considered, read the third time, and passed. 

7 ‘‘(iv) If the Senate receives a joint resolu8 tion of approval from the House of Representa9 tives, and no joint resolution of approval has 

10 been introduced in the Senate, the procedures 

11 described in subparagraph (E) shall apply to 

12 consideration of the joint resolution of the 

13 House. 

14 ‘‘(G) This subparagraph is enacted by 

15 Congress— 

16 ‘‘(i) as an exercise of the rulemaking 

17 power of the Senate and the House of Rep18 resentatives, respectively, and as such is 

19 deemed a part of the rules of each House, 

20 respectively, and supersedes other rules 

21 only to the extent that it is inconsistent 

22 with such rules; and 

23 ‘‘(ii) with full recognition of the con24 stitutional right of either House to change 

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1 dure of that House) at any time, in the 

2 same manner, and to the same extent as in 

3 the case of any other rule of that House.’’. 

Æ 


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