II 

118TH CONGRESS 

1ST SESSION S. 377 

To prohibit the Secretary of Homeland Security, or any other person, from 

requiring repayment, recoupment, or offset of certain antidumping duties 

and countervailing duties paid under section 754 of the Tariff Act 

of 1930, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 9, 2023 

Mr. GRAHAM (for himself and Mr. SCOTT of South Carolina) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To prohibit the Secretary of Homeland Security, or any 

other person, from requiring repayment, recoupment, or 

offset of certain antidumping duties and countervailing 

duties paid under section 754 of the Tariff Act of 1930, 

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 ‘‘Domestic Reinvest5 ment Act of 2023’’. 


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•S 377 IS

1 SEC. 2. TERMINATION OF ALL EFFORTS TO CLAWBACK 

2 PAYMENTS OF CERTAIN ANTIDUMPING DU3 TIES AND COUNTERVAILING DUTIES. 

4 (a) IN GENERAL.—Notwithstanding any other provi5 sion of law, neither the Secretary of Homeland Security 

6 nor any other person may— 

7 (1) require repayment of, or attempt in any 

8 other way to recoup, any payment described in sub9 section (b); or 

10 (2) offset any past, current, or future distribu11 tions of antidumping duties or countervailing duties 

12 assessed on any imports in an attempt to recoup any 

13 payment described in subsection (b). 

14 (b) PAYMENTS DESCRIBED.—Payments described in 

15 this subsection are payments of antidumping duties or 

16 countervailing duties made pursuant to section 754 of the 

17 Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle 

18 F of title VII of the Deficit Reduction Act of 2005 (Public 

19 Law 109–171; 120 Stat. 154))) that were— 

20 (1) assessed and paid with respect to imports of 

21 goods from any country; and 

22 (2) distributed on or after January 1, 2001. 

23 (c) PAYMENT OF CERTAIN FUNDS COLLECTED OR

24 WITHHELD.—Except with respect to payments described 

25 in subsection (d), not later than 90 days after the date 


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•S 377 IS

1 of the enactment of this Act, the Secretary of Homeland 

2 Security shall— 

3 (1) refund any repayment or other recoupment 

4 of any payment described in subsection (b) that was 

5 collected by the Commissioner of U.S. Customs and 

6 Border Protection after January 1, 2017; and 

7 (2) fully distribute any antidumping duties or 

8 countervailing duties that the Commissioner is with9 holding as an offset as described in subsection 

10 (a)(2). 

11 (d) LIMITATION.—Nothing in this section shall be 

12 construed to prevent the Secretary of Homeland Security, 

13 or any other person, from retaining, offsetting, requiring 

14 repayment of, or attempting to otherwise recoup, any pay15 ment described in subsection (b) as a result of— 

16 (1) a finding of false statements, other mis17 conduct, or insufficient verification of a certification 

18 by a recipient of such a payment; or 

19 (2) the issuance of a refund to an importer or 

20 surety pursuant to a settlement, court order, or re21 liquidation of an entry with respect to which such a 

22 payment was made. 

Æ 


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