II 

109TH CONGRESS 

1ST SESSION S. 1050

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 SENATE OF THE UNITED STATES 

MAY 17, 2005

Mrs. LINCOLN (for herself, Mr. BURR, Mrs. DOLE, Mr. GRAHAM, and Mr. 

DURBIN) introduced the following bill; which was read twice and referred 

to the Committee on Finance 

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 2005’’. 
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1 SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMP2 ING IS PRESENT. 

3 (a) CHANGE IN PERSISTENT DUMPING PROCE4 DURES.—Section 732(a)(2) of the Tariff Act of 1930 (19 

5 U.S.C. 1673a(a)(2)) is amended—

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

7 the following: 

8 ‘‘(A) INITIATION OF EXPEDITED INVES9 TIGATION.—An expedited antidumping duty in10 vestigation shall be initiated with respect to a 

11 particular class or kind of merchandise that is 

12 subject to an existing antidumping order within 

13 20 days of the request of an interested party 

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

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

16 authority determines, from information avail17 able to it, that imports of such class or kind of 

18 merchandise have increased materially from an 

19 additional supplier country, as defined in sub20 paragraph (C), during any 90-day period or 

21 during a longer period as determined by the ad22 ministering authority to be appropriate. The re23 quest shall allege and present supporting infor24 mation that such imports are occurring. The 

25 administering authority, in making a deter26 mination under this subparagraph, shall con-
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1 sider the public record of its investigation of 

2 imports of merchandise subject to the existing 

3 antidumping order.’’; 

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

5 the following: 

6 ‘‘(B) INCREASED MATERIALLY.—The ad7 ministering authority shall consider imports of 

8 merchandise from an additional supplier coun9 try to have increased materially if such imports 

10 have increased by 15 percent or more over the 

11 amount of such imports during a period of com12 parable duration preceding initiation of the 

13 antidumping investigation of imports of mer14 chandise subject to the existing antidumping 

15 order.’’; and 

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

17 the following: 

18 ‘‘(D) PROCEDURES AND INJURY DETER19 MINATIONS FOR EXPEDITED INVESTIGA20 TIONS.—

21 ‘‘(i) Except as provided in this sub22 paragraph, the provisions of subsections 

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

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

25 (a), (b), (c), (d), (e), (f), (i), (k), and (l), 
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1 and section 735 (a), (c), (d), and (e) shall 

2 apply to expedited investigations under this 

3 paragraph. 

4 ‘‘(ii) The administering authority shall 

5 issue a preliminary determination within 

6 80 days of receiving a request for an inves7 tigation under subparagraph (A). 

8 ‘‘(iii)(I) Not later than 45 days after 

9 the date on which the request under sub10 paragraph (A) is received by the admin11 istering authority, the Commission shall 

12 determine if there is a reasonable indica13 tion of material injury or threat of mate14 rial injury as prescribed in section 

15 733(a)(1). 

16 ‘‘(II) The Commission shall make a 

17 determination under this clause from rea18 sonably available information (including 

19 the public record of its investigation of im20 ports of merchandise subject to the exist21 ing antidumping order). 

22 ‘‘(iv) If the Commission makes an af23 firmative determination that there is a rea24 sonable indication of material injury and 

25 the administering authority makes an af-
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1 firmative final determination, the Commis2 sion shall make a final determination 

3 under section 735(b)(1) before the later 

4 of—

5 ‘‘(I) the 120th day after the day 

6 on which the administering authority 

7 makes its affirmative preliminary de8 termination under clause (ii); or 

9 ‘‘(II) the 45th day after the day 

10 on which the administering authority 

11 makes its affirmative final determina12 tion under section 735(a). 

13 ‘‘(v) An affirmative final determina14 tion shall not be made unless the Commis15 sion determines pursuant to the factors de16 scribed in sections 735(b)(1) and 771(7) 

17 that an industry in the United States is 

18 materially injured, or threatened with ma19 terial injury, by reason of imports of the 

20 subject merchandise and that imports of 

21 the subject merchandise are not neg22 ligible.’’. 

23 SEC. 3. REIMBURSEMENT OF DUTIES. 

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

25 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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