II 

112TH CONGRESS 

2D SESSION S. 2153 

To apply the countervailing duty provisions of the Tariff Act of 1930 to 

nonmarket economy countries, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MARCH 5, 2012 

Mr. BAUCUS (for himself, Mr. THUNE, Mr. BROWN of Ohio, Mr. MCCONNELL, 

Ms. STABENOW, Mr. COBURN, Mr. ROCKEFELLER, Ms. COLLINS, Mr. 

CASEY, Mr. PORTMAN, Mr. CARPER, Mr. SESSIONS, Mr. MENENDEZ, 

Mrs. GILLIBRAND, Mr. NELSON of Florida, Mr. MERKLEY, Mr. GRAHAM, 

Mr. ROBERTS, Mr. LEVIN, Ms. SNOWE, Mr. BURR, Mrs. MCCASKILL, 

and Mr. HELLER) introduced the following bill; which was read twice, 

considered, read the third time, and passed 

A BILL 

To apply the countervailing duty provisions of the Tariff 

Act of 1930 to nonmarket economy countries, 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, 


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1 SECTION 1. APPLICATION OF COUNTERVAILING DUTY PRO2 VISIONS TO NONMARKET ECONOMY COUN3 TRIES. 

4 (a) IN GENERAL.—Section 701 of the Tariff Act of 

5 1930 (19 U.S.C. 1671) is amended by adding at the end 

6 the following: 

7 ‘‘(f) APPLICABILITY TO PROCEEDINGS INVOLVING

8 NONMARKET ECONOMY COUNTRIES.— 

9 ‘‘(1) IN GENERAL.—Except as provided in para10 graph (2), the merchandise on which countervailing 

11 duties shall be imposed under subsection (a) includes 

12 a class or kind of merchandise imported, or sold (or 

13 likely to be sold) for importation, into the United 

14 States from a nonmarket economy country. 

15 ‘‘(2) EXCEPTION.—A countervailing duty is not 

16 required to be imposed under subsection (a) on a 

17 class or kind of merchandise imported, or sold (or 

18 likely to be sold) for importation, into the United 

19 States from a nonmarket economy country if the ad20 ministering authority is unable to identify and meas21 ure subsidies provided by the government of the non22 market economy country or a public entity within 

23 the territory of the nonmarket economy country be24 cause the economy of that country is essentially 

25 comprised of a single entity.’’. 


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1 (b) EFFECTIVE DATE.—Subsection (f) of section 701 

2 of the Tariff Act of 1930, as added by subsection (a) of 

3 this section, applies to— 

4 (1) all proceedings initiated under subtitle A of 

5 title VII of that Act (19 U.S.C. 1671 et seq.) on or 

6 after November 20, 2006; 

7 (2) all resulting actions by U.S. Customs and 

8 Border Protection; and 

9 (3) all civil actions, criminal proceedings, and 

10 other proceedings before a Federal court relating to 

11 proceedings referred to in paragraph (1) or actions 

12 referred to in paragraph (2). 

13 SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN 

14 PROCEEDINGS RELATING TO IMPORTS FROM 

15 NONMARKET ECONOMY COUNTRIES. 

16 (a) IN GENERAL.—Section 777A of the Tariff Act 

17 of 1930 (19 U.S.C. 1677f–1) is amended by adding at 

18 the end the following: 

19 ‘‘(f) ADJUSTMENT OF ANTIDUMPING DUTY IN CER20 TAIN PROCEEDINGS RELATING TO IMPORTS FROM NON21 MARKET ECONOMY COUNTRIES.— 

22 ‘‘(1) IN GENERAL.—If the administering au23 thority determines, with respect to a class or kind of 

24 merchandise from a nonmarket economy country for 


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1 which an antidumping duty is determined using nor2 mal value pursuant to section 773(c), that— 

3 ‘‘(A) pursuant to section 701(a)(1), a 

4 countervailable subsidy (other than an export 

5 subsidy referred to in section 772(c)(1)(C)) has 

6 been provided with respect to the class or kind 

7 of merchandise, 

8 ‘‘(B) such countervailable subsidy has been 

9 demonstrated to have reduced the average price 

10 of imports of the class or kind of merchandise 

11 during the relevant period, and 

12 ‘‘(C) the administering authority can rea13 sonably estimate the extent to which the 

14 countervailable subsidy referred to in subpara15 graph (B), in combination with the use of nor16 mal value determined pursuant to section 

17 773(c), has increased the weighted average 

18 dumping margin for the class or kind of mer19 chandise, 

20 the administering authority shall, except as provided 

21 in paragraph (2), reduce the antidumping duty by 

22 the amount of the increase in the weighted average 

23 dumping margin estimated by the administering au24 thority under subparagraph (C). 


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1 ‘‘(2) MAXIMUM REDUCTION IN ANTIDUMPING

2 DUTY.—The administering authority may not reduce 

3 the antidumping duty applicable to a class or kind 

4 of merchandise from a nonmarket economy country 

5 under this subsection by more than the portion of 

6 the countervailing duty rate attributable to a 

7 countervailable subsidy that is provided with respect 

8 to the class or kind of merchandise and that meets 

9 the conditions described in subparagraphs (A), (B), 

10 and (C) of paragraph (1).’’. 

11 (b) EFFECTIVE DATE.—Subsection (f) of section 

12 777A of the Tariff Act of 1930, as added by subsection 

13 (a) of this section, applies to— 

14 (1) all investigations and reviews initiated pur15 suant to title VII of that Act (19 U.S.C. 1671 et 

16 seq.) on or after the date of the enactment of this 

17 Act; and 

18 (2) subject to subsection (c) of section 129 of 

19 the Uruguay Round Agreements Act (19 U.S.C. 

20 3538), all determinations issued under subsection 

21 (b)(2) of that section on or after the date of the en22 actment of this Act. 

Æ 


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