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[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 2153 Engrossed in Senate (ES)]

112th CONGRESS
  2d Session
                                S. 2153

_______________________________________________________________________

                                 AN ACT

 
 To apply the countervailing duty provisions of the Tariff Act of 1930 
        to nonmarket economy countries, and for other purposes.

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

SECTION 1. APPLICATION OF COUNTERVAILING DUTY PROVISIONS TO NONMARKET 
              ECONOMY COUNTRIES.

    (a) In General.--Section 701 of the Tariff Act of 1930 (19 U.S.C. 
1671) is amended by adding at the end the following:
    ``(f) Applicability to Proceedings Involving Nonmarket Economy 
Countries.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        merchandise on which countervailing duties shall be imposed 
        under subsection (a) includes a class or kind of merchandise 
        imported, or sold (or likely to be sold) for importation, into 
        the United States from a nonmarket economy country.
            ``(2) Exception.--A countervailing duty is not required to 
        be imposed under subsection (a) on a class or kind of 
        merchandise imported, or sold (or likely to be sold) for 
        importation, into the United States from a nonmarket economy 
        country if the administering authority is unable to identify 
        and measure subsidies provided by the government of the 
        nonmarket economy country or a public entity within the 
        territory of the nonmarket economy country because the economy 
        of that country is essentially comprised of a single entity.''.
    (b) Effective Date.--Subsection (f) of section 701 of the Tariff 
Act of 1930, as added by subsection (a) of this section, applies to--
            (1) all proceedings initiated under subtitle A of title VII 
        of that Act (19 U.S.C. 1671 et seq.) on or after November 20, 
        2006;
            (2) all resulting actions by U.S. Customs and Border 
        Protection; and
            (3) all civil actions, criminal proceedings, and other 
        proceedings before a Federal court relating to proceedings 
        referred to in paragraph (1) or actions referred to in 
        paragraph (2).

SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PROCEEDINGS RELATING 
              TO IMPORTS FROM NONMARKET ECONOMY COUNTRIES.

    (a) In General.--Section 777A of the Tariff Act of 1930 (19 U.S.C. 
1677f-1) is amended by adding at the end the following:
    ``(f) Adjustment of Antidumping Duty in Certain Proceedings 
Relating to Imports From Nonmarket Economy Countries.--
            ``(1) In general.--If the administering authority 
        determines, with respect to a class or kind of merchandise from 
        a nonmarket economy country for which an antidumping duty is 
        determined using normal value pursuant to section 773(c), 
        that--
                    ``(A) pursuant to section 701(a)(1), a 
                countervailable subsidy (other than an export subsidy 
                referred to in section 772(c)(1)(C)) has been provided 
                with respect to the class or kind of merchandise,
                    ``(B) such countervailable subsidy has been 
                demonstrated to have reduced the average price of 
                imports of the class or kind of merchandise during the 
                relevant period, and
                    ``(C) the administering authority can reasonably 
                estimate the extent to which the countervailable 
                subsidy referred to in subparagraph (B), in combination 
                with the use of normal value determined pursuant to 
                section 773(c), has increased the weighted average 
                dumping margin for the class or kind of merchandise,
        the administering authority shall, except as provided in 
        paragraph (2), reduce the antidumping duty by the amount of the 
        increase in the weighted average dumping margin estimated by 
        the administering authority under subparagraph (C).
            ``(2) Maximum reduction in antidumping duty.--The 
        administering authority may not reduce the antidumping duty 
        applicable to a class or kind of merchandise from a nonmarket 
        economy country under this subsection by more than the portion 
        of the countervailing duty rate attributable to a 
        countervailable subsidy that is provided with respect to the 
        class or kind of merchandise and that meets the conditions 
        described in subparagraphs (A), (B), and (C) of paragraph 
        (1).''.
    (b) Effective Date.--Subsection (f) of section 777A of the Tariff 
Act of 1930, as added by subsection (a) of this section, applies to--
            (1) all investigations and reviews initiated pursuant to 
        title VII of that Act (19 U.S.C. 1671 et seq.) on or after the 
        date of the enactment of this Act; and
            (2) subject to subsection (c) of section 129 of the Uruguay 
        Round Agreements Act (19 U.S.C. 3538), all determinations 
        issued under subsection (b)(2) of that section on or after the 
        date of the enactment of this Act.

            Passed the Senate March 5, 2012.

            Attest:

                                                             Secretary.
112th CONGRESS

  2d Session

                                S. 2153

_______________________________________________________________________

                                 AN ACT

 To apply the countervailing duty provisions of the Tariff Act of 1930 
        to nonmarket economy countries, and for other purposes.
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