IV 

114TH CONGRESS 

2D SESSION H. RES. 848 

Calling for the maintenance of effective trade remedies for United States 

manufacturers and producers by ensuring that any foreign country designated as a nonmarket economy country under the Tariff Act of 1930 

retain this status until it demonstrates that it meets all of the criteria 

for treatment as a market economy set forth in section 771(18)(B) 

of such Act. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 7, 2016 

Mr. MURPHY of Pennsylvania (for himself, Mr. VISCLOSKY, Mr. DENT, Mr. 

MCKINLEY, Mr. BOST, Mr. RYAN of Ohio, Ms. KAPTUR, Mr. JONES, Mr. 

JOHNSON of Ohio, Mr. LOEBSACK, Mr. LIPINSKI, Mr. BROOKS of Alabama, Mr. CRAWFORD, Mr. TIPTON, Mr. REED, Mr. COSTELLO of Pennsylvania, Mr. NOLAN, Mr. HARPER, Mr. PITTENGER, Ms. SEWELL of 

Alabama, Ms. MCCOLLUM, Mr. BYRNE, Mr. HUDSON, Mr. GENE GREEN

of Texas, Mr. CARSON of Indiana, and Mr. BARLETTA) submitted the following resolution; which was referred to the Committee on Ways and 

Means 

RESOLUTION 

Calling for the maintenance of effective trade remedies for 

United States manufacturers and producers by ensuring 

that any foreign country designated as a nonmarket 

economy country under the Tariff Act of 1930 retain 

this status until it demonstrates that it meets all of 

the criteria for treatment as a market economy set forth 

in section 771(18)(B) of such Act. 


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•HRES 848 IH 

Whereas fair international competition and a level playing 

field are essential for the global competitiveness of 

United States manufacturers, farmers, workers, and communities; 

Whereas effective and predictable trade enforcement mechanisms must include the assessment of and effective response to distortions in nonmarket economies, which risk 

endangering United States jobs and the Nation’s economic security; 

Whereas a nonmarket economy country for purposes of the 

United States antidumping law is defined in section 

771(18)(A) of the Tariff Act of 1930 (19 U.S.C. 

1677(18)(A)) as ‘‘any foreign country that the administering authority determines does not operate on market 

principles of cost or pricing structures, so that sales of 

merchandise in such country do not reflect the fair value 

of the merchandise’’; 

Whereas a foreign country’s pursuit of economic reforms, including the removal or withdrawal of some state controls, 

is not a sufficient basis for revocation of nonmarket economy status if its economy as a whole fails to meet the 

criteria for treatment as a market economy country set 

forth in section 771(18)(B) of the Tariff Act of 1930 (19 

U.S.C. 1677(18)(B)); 

Whereas Congress has provided the above-referenced criteria 

to determine whether market forces in a foreign country 

are sufficiently developed to permit the use of prices and 

costs in that country for purposes of the Department of 

Commerce’s antidumping analysis; 

Whereas the governments of some United States trading 

partners continue to play a substantial and direct role in 


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•HRES 848 IH 

many critical aspects of their domestic economies, including the financial system, upstream resource and energy 

sectors, and through ownership and control of many strategic industries; 

Whereas the governments of some United States trading 

partners at the central, provincial, and local levels continue to subsidize production of key commodities such as 

aluminum, cement, cotton, synthetic fiber, PET resin, 

specialty chemicals, iron, and steel; and 

Whereas subsidies and other market-distorting government 

policies hurt United States businesses and workers by encouraging and supporting excess production and exports 

onto world markets that result in significant price suppression, price depression, or lost sales: Now, therefore be 

it 

1 Resolved, That the House of Representatives— 

2 (1) calls on the President to provide for the full 

3 and effective application of United States anti4 dumping and countervailing duty laws against non5 market economy countries; 

6 (2) calls on the President to retain the status 

7 of any country currently designated as a nonmarket 

8 economy country until it demonstrates that it meets 

9 all of the criteria for treatment as a market economy 

10 set forth in section 771(18)(B) of the Tariff Act of 

11 1930 (19 U.S.C. 1677(18)(B)); 

12 (3) calls on nonmarket economy countries to 

13 eliminate all direct and indirect subsidies and other 


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1 market-distorting government policies benefitting the 

2 production and export of goods to the United States; 

3 and 

4 (4) calls on nonmarket economy countries to 

5 enter into binding and enforceable agreements for 

6 removing excess production capacity and with7 drawing state intervention in and control over their 

8 economies. 

Æ 


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