I 

108TH CONGRESS 

1ST SESSION H. R. 2736

To amend title VII of the Tariff Act of 1930 with respect to determining 

certain antidumping calculations for merchandise from former nonmarket 

economy countries. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 15, 2003

Mr. LEVIN introduced the following bill; which was referred to the Committee 

on Ways and Means 

A BILL

To amend title VII of the Tariff Act of 1930 with respect 

to determining certain antidumping calculations for merchandise from former nonmarket economy countries.

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 ‘‘Market-Based Anti5 dumping Calculations Act’’. 

6 SEC. 2. SPECIAL VALUATION RULES FOR FORMER NON7 MARKET ECONOMY COUNTRIES. 

8 Section 773 of the Tariff Act of 1930 (19 U.S.C. 

9 1677b) is amended by adding at the end the following: 
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1 ‘‘(g) SPECIAL VALUATION RULES FOR FORMER NON2 MARKET ECONOMY COUNTRIES.—

3 ‘‘(1) TREATMENT OF PRICES OR COSTS DIS4 TORTED BY NONMARKET FORCES.—

5 ‘‘(A) IN GENERAL.—If the administering 

6 authority determines that the prices or costs of 

7 a good or service within a country formerly 

8 classified as a nonmarket economy country are 

9 not determined by market-based forces of de10 mand and supply, so that accepting such prices 

11 or costs would distort in any material way the 

12 determination of normal value or cost of pro13 duction of the subject merchandise, then the 

14 administering authority shall disregard those 

15 prices or costs and instead employ the values of 

16 the good or service in another market economy 

17 country or countries considered to be appro18 priate by the administering authority. 

19 ‘‘(B) FACTORS REGARDING MARKET-BASED

20 FORCES.—The administering authority shall de21 termine that the prices or costs of a good or 

22 service are not determined by market-based 

23 forces of demand and supply under subpara24 graph (A) if any of the following factors are 

25 present: 
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1 ‘‘(i) The prices or costs in question 

2 are extensively controlled by a national, re3 gional, or local government. 

4 ‘‘(ii) The prices or costs in question 

5 are stable over a significant period of time 

6 and no market-based explanation for that 

7 stability is demonstrated. 

8 ‘‘(iii) The prices or costs in question 

9 are subject to monopolistic or 

10 monopsonistic forces. 

11 ‘‘(iv) The prices or costs in question 

12 materially differ from prices charged by 

13 the same or a related supplier to a pur14 chaser in another market economy country. 

15 ‘‘(v) Such other factors as the admin16 istering authority considers appropriate. 

17 ‘‘(2) DETERMINATIONS PURSUANT TO SUB18 SECTION (c).—

19 ‘‘(A) TOTAL COST OF MANUFACTURING

20 SUBSTANTIALLY DETERMINED OUTSIDE MAR21 KET FORCES.—If the total cost of manufac22 turing of the subject merchandise calculated by 

23 the administering authority is substantially de24 termined by values derived from prices or costs 

25 outside the home market under paragraph (1), 
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1 then the administering authority shall deem the 

2 subject merchandise to have been produced out3 side of market-based forces of supply and de4 mand, and shall determine the normal value of 

5 the subject merchandise pursuant to subsection 

6 (c). 

7 ‘‘(B) UNRELIABLE FINANCIAL DATA.—If 

8 in making a determination of normal value 

9 under this section the administering authority 

10 determines that the financial statements of a 

11 company within a country formerly classified as 

12 a nonmarket economy country are not in ac13 cordance with that country’s generally accepted 

14 accounting principles, are unreliable, or other15 wise do not reasonably reflect the costs associ16 ated with the production and sale of the subject 

17 merchandise, then the administering authority 

18 shall determine the normal value of the subject 

19 merchandise pursuant to subsection (c).’’. 

20 SEC. 3. EFFECTIVE DATE. 

21 The amendments made by section 2 shall apply to 

22 proceedings under subtitle A, B, or C of title VII of the 

23 Tariff Act of 1930 that are initiated on or after the date 

24 of the enactment of this Act.

Æ