I

103D CONGRESS

2D SESSION H. R. 4716

To provide compensation to certain parties injured under the trade laws

of the United States, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

JUNE 30, 1994

Mrs. JOHNSON of Connecticut introduced the following bill; which was referred

to the Committee on Ways and Means

A BILL

To provide compensation to certain parties injured under

the trade laws of the United States, and for other purposes.

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 ‘‘Antidumping Com5 pensation Act of 1994’’.

6 SEC. 2. COMPENSATION AWARDS.

7 Subtitle C of title VII of the Tariff Act of 1930 is

8 amended by inserting after section 736 the following new

9 section:
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1 ‘‘SEC. 736A. COMPENSATION AWARDS.

2 ‘‘(a) DEFINITIONS.—For the purposes of this sec3 tion—

4 ‘‘(1) the term ‘affected domestic producer’

5 means any manufacturer, producer, or worker rep6 resentative that was a petitioner or interested party

7 in support of the petition with respect to which an

8 affirmative injury determination was made in con9 nection with an antidumping duty finding or order

10 or countervailing duty order;

11 ‘‘(2) the term ‘antidumping duty finding or

12 order’ means an antidumping finding published

13 under the Antidumping Act, 1921, or an antidump14 ing duty order published under section 736;

15 ‘‘(3) the term ‘Commissioner’ means the Com16 missioner of the United States Customs Service;

17 ‘‘(4) the term ‘countervailing duty order’ means

18 a countervailing duty order published under section

19 303 or 706; and

20 ‘‘(5) the term ‘Secretary’ means the Secretary

21 of the Treasury.

22 ‘‘(b) COMPENSATION PROCEDURES.—The Commis23 sioner shall prescribe procedures governing when in each

24 year compensation will be provided under this section, ex25 cept that such compensation shall be distributed, not later

26 than 30 days after the release of the Annual Report on
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1 the Status of the Antidumping/Countervailing Duty Pro2 gram.

3 ‘‘(c) PARTIES ELIGIBLE FOR COMPENSATION.—

4 ‘‘(1) INFORMATION ON PETITIONERS AND

5 OTHER SUPPORTERS OF PETITION.—(A) The Com6 mission shall forward to the Commissioner, with re7 spect to each antidumping duty finding or order, or

8 a countervailing duty order—

9 ‘‘(i) a list of petitioners and those persons

10 that indicated support of the petition by letter

11 or through responses to questionnaires trans12 mitted to such persons under this title, and

13 ‘‘(ii) a confidential tabulation of the dollar

14 value of sales of the domestic like product cor15 responding to the merchandise that is the sub16 ject of the order of finding, for each petitioner

17 or person described in clause (i), during the last

18 12-month period covered by the investigation by

19 the Commission that resulted in the order or

20 finding.

21 The confidentiality of the data submitted by the

22 Commission to the Commissioner shall be main23 tained. In the case of a countervailing duty order for

24 which no determination of injury was required, the

25 Commissioner shall obtain the information described
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1 in clause (ii) from the named petitioners for the

2 most recent calendar year.

3 ‘‘(B)(i) Subject to clause (ii), the Commission

4 shall forward the information required by subpara5 graph (A) to the Commissioner—

6 ‘‘(I) within 60 days after the effective date

7 of this section in the case of an antidumping

8 duty finding or order or a countervailing duty

9 order in effect on such effective date, and

10 ‘‘(II) within 60 days after the issuance of

11 an antidumping duty finding or order or a

12 countervailing duty order issued on or after

13 such effective date.

14 ‘‘(ii) In the case of a countervailing duty order

15 for which no determination of injury was required,

16 subclause (I) and (II) of clause (i) shall apply by

17 substituting ‘180’ for ‘60’.

18 ‘‘(2) PUBLICATION OF NOTICE OF INTENT TO

19 DISTRIBUTE COMPENSATION.—The Commissioner

20 shall publish in the Federal Register, at least 30

21 days before payments are made under the section, a

22 notice of intention to distribute compensation, and

23 the list of persons eligible for such compensation

24 based on the list obtained from the Commission

25 under paragraph (1), and shall request from each
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1 prospective recipient a certification that the person

2 desires to receive compensation and the person con3 tinues to manufacture the domestic like product in4 volved.

5 ‘‘(3) DISTRIBUTION.—The Commissioner shall

6 distribute all funds (including all interest earned)

7 from assessments in the completed fiscal year, from

8 the appropriate special compensation account estab9 lished under subsection (e), to the persons making

10 the certifications under paragraph (2), in amounts

11 proportionate to the percentage of sales of all such

12 persons that is attributable to such person on the

13 basis of the information supplied by the Commission

14 under paragraph (1).

15 ‘‘(d) DEDUCTION OF HISTORICALLY BUDGETED

16 AMOUNT PRIOR TO DISTRIBUTION.—Prior to the distribu17 tion of amounts from the special compensation accounts

18 established under subsection (e) in a fiscal year, the Com19 missioner shall deduct from the total duties assessed for

20 that fiscal year for all outstanding antidumping findings

21 or orders and all outstanding countervailing duty orders

22 an amount equal to the average of the sums budgeted in

23 the United States budget for fiscal years 1988 through

24 1995 for revenues of the Customs Service. Each special

25 compensation account shall be reduced on a percentage
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1 basis, before amounts in the account are distributed, to

2 reflect the percentage of total duty assessments that is de3 ducted under the preceding sentence.

4 ‘‘(e) SPECIAL COMPENSATION ACCOUNTS.—

5 ‘‘(1) ESTABLISHMENT.—Within 14 days after

6 the effective date of this section in the case for anti7 dumping duty findings and orders or countervailing

8 duty orders issued before such effective date, and

9 within 14 days after the date on which an antidump10 ing duty order or a countervailing duty order takes

11 effect in every other case, the Commissioner shall es12 tablish in the Treasury of the United States a spe13 cial compensation account with respect to the order

14 or finding.

15 ‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commis16 sioner shall deposit into a special compensation ac17 count all antidumping or countervailing duties, in18 cluding interest on such duties, that are collected

19 under the antidumping order or finding or counter20 vailing duty order with respect to which the account

21 was established.

22 ‘‘(3) AVAILABILITY.—The amounts in a special

23 compensation account shall be available for payment

24 of compensation awards under section (c), after de25 duction of the amounts under subsection (d).
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1 ‘‘(4) TIME AND MANNER OF PAYMENTS.—The

2 Commissioner shall by regulation prescribe the time

3 and manner in which payment of compensation

4 awards from special compensation accounts will be

5 made.

6 ‘‘(5) TERMINATION.—Each special compensa7 tion account shall remain in existence, and com8 pensation awards from such account shall be paid,

9 until the order or finding for which the account was

10 established terminates, and all duties relating to

11 that order or finding are assessed and entries liq12 uidated and all funds in the account are distributed

13 to the persons eligible for such compensation

14 awards. Any amounts unable to be distributed within

15 90 days after the time of the final distribution of

16 amounts in the account shall be deposited in the

17 general Treasury.’’.

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