II

106TH CONGRESS

1ST SESSION S. 528

To provide for a private right of action in the case of injury from the

importation of certain dumped and subsidized merchandise.

IN THE SENATE OF THE UNITED STATES

MARCH 3, 1999

Mr. SPECTER introduced the following bill; which was read twice and referred

to the Committee on Finance

A BILL

To provide for a private right of action in the case of

injury from the importation of certain dumped and subsidized merchandise.

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 ‘‘Unfair Foreign Com5 petition Act of 1999’’.

6 SEC. 2. PRIVATE ACTIONS FOR RELIEF FROM UNFAIR FOR7 EIGN COMPETITION.

8 (a) CLAYTON ACT.—Section 1(a) of the Clayton Act

9 (15 U.S.C. 12) is amended by inserting ‘‘section 801 of

10 the Act of September 8, 1916, entitled ‘An Act to raise
2

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1 revenue, and for other purposes’ (39 Stat. 798; 15 U.S.C.

2 72);’’ after ‘‘nineteen hundred and thirteen;’’.

3 (b) ACTION FOR DUMPING VIOLATIONS.—Section

4 801 of the Act of September 8, 1916 (39 Stat. 798; 15

5 U.S.C. 72) is amended to read as follows:

6 ‘‘SEC. 801. IMPORTATION OR SALE OF ARTICLES AT LESS

7 THAN FOREIGN MARKET VALUE OR CON8 STRUCTED VALUE.

9 ‘‘(a) PROHIBITION.—No person shall import into, or

10 sell within, the United States an article manufactured or

11 produced in a foreign country if—

12 ‘‘(1) the article is imported or sold within the

13 United States at a United States price that is less

14 than the foreign market value or constructed value

15 of the article; and

16 ‘‘(2) the importation or sale—

17 ‘‘(A) causes or threatens to cause material

18 injury to industry or labor in the United States;

19 or

20 ‘‘(B) prevents, in whole or in part, the es21 tablishment or modernization of any industry in

22 the United States.

23 ‘‘(b) CIVIL ACTION.—An interested party whose busi24 ness or property is injured by reason of an importation

25 or sale of an article in violation of this section may bring
3

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1 a civil action in the United States District Court for the

2 District of Columbia or in the Court of International

3 Trade against any person who—

4 ‘‘(1) manufactures, produces, or exports the ar5 ticle; or

6 ‘‘(2) imports the article into the United States

7 if the person is related to the manufacturer or ex8 porter of the article.

9 ‘‘(c) RELIEF.—

10 ‘‘(1) IN GENERAL.—Upon an affirmative deter11 mination by the United States District Court or the

12 Court of International Trade in an action brought

13 under subsection (b), the court shall issue an order

14 that includes a description of the subject article in

15 such detail as the court deems necessary and shall—

16 ‘‘(A) direct the Customs Service to assess

17 an antidumping duty on the article covered by

18 the determination in accordance with section

19 736(a) of the Tariff Act of 1930 (19 U.S.C.

20 1673e); and

21 ‘‘(B) require the deposit of estimated anti22 dumping duties pending liquidation of entries of

23 the article at the same time as estimated nor24 mal customs duties on that article are depos25 ited.
4

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1 ‘‘(d) STANDARD OF PROOF.—

2 ‘‘(1) PREPONDERANCE OF EVIDENCE.—The

3 standard of proof in an action brought under sub4 section (b) is a preponderance of the evidence.

5 ‘‘(2) SHIFT OF BURDEN OF PROOF.—Upon—

6 ‘‘(A) a prima facie showing of the elements

7 set forth in subsection (a), or

8 ‘‘(B) affirmative final determinations ad9 verse to the defendant that are made by the ad10 ministering authority and the United States

11 International Trade Commission under section

12 735 of the Tariff Act of 1930 (19 U.S.C.

13 1673d) relating to imports of the article in

14 question for the country in which the manufac15 turer of the article is located,

16 the burden of proof in an action brought under sub17 section (b) shall be upon the defendant.

18 ‘‘(e) OTHER PARTIES.—

19 ‘‘(1) IN GENERAL.—Whenever, in an action

20 brought under subsection (b), it appears to the court

21 that justice requires that other parties be brought

22 before the court, the court may cause them to be

23 summoned, without regard to where they reside, and

24 the subpoenas to that end may be served and en25 forced in any judicial district of the United States.
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1 ‘‘(2) SERVICE ON DISTRICT DIRECTOR OF CUS2 TOMS SERVICE.—A foreign manufacturer, producer,

3 or exporter that sells articles, or for whom articles

4 are sold by another party in the United States, shall

5 be treated as having appointed the District Director

6 of the United States Customs Service for the port

7 through which the article that is the subject of the

8 action is commonly imported as the true and lawful

9 agent of the manufacturer, producer, or exporter,

10 and all lawful process may be served on the District

11 Director in any action brought under subsection (b)

12 against the manufacturer, producer, or exporter.

13 ‘‘(f) LIMITATION.—

14 ‘‘(1) STATUTE OF LIMITATION.—An action

15 under subsection (b) shall be commenced not later

16 than 4 years after the date on which the cause of

17 action accrues.

18 ‘‘(2) SUSPENSION.—The 4-year period provided

19 for in paragraph (1) shall be suspended—

20 ‘‘(A) while there is pending an administra21 tive proceeding under subtitle B of title VII of

22 the Tariff Act of 1930 (19 U.S.C. 1673 et seq.)

23 relating to the article that is the subject of the

24 action or an appeal of a final determination in

25 such a proceeding; and
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1 ‘‘(B) for 1 year thereafter.

2 ‘‘(g) NONCOMPLIANCE WITH COURT ORDER.—If a

3 defendant in an action brought under subsection (b) fails

4 to comply with any discovery order or other order or de5 cree of the court, the court may—

6 ‘‘(1) enjoin the further importation into, or the

7 sale or distribution within, the United States by the

8 defendant of articles that are the same as, or similar

9 to, the articles that are alleged in the action to have

10 been sold or imported under the conditions described

11 in subsection (a) until such time as the defendant

12 complies with the order or decree; or

13 ‘‘(2) take any other action authorized by law or

14 by the Federal Rules of Civil Procedure, including

15 entering judgment for the plaintiff.

16 ‘‘(h) CONFIDENTIALITY AND PRIVILEGED STATUS.—

17 ‘‘(1) IN GENERAL.—Except as provided in para18 graph (2), the confidential or privileged status ac19 corded by law to any documents, evidence, com20 ments, or information shall be maintained in any ac21 tion brought under subsection (b).

22 ‘‘(2) EXCEPTION.—In an action brought under

23 subsection (b) the court may—

24 ‘‘(A) examine, in camera, any confidential

25 or privileged material;
7

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1 ‘‘(B) accept depositions, documents, affida2 vits, or other evidence under seal; and

3 ‘‘(C) disclose such material under such

4 terms and conditions as the court may order.

5 ‘‘(i) EXPEDITION OF ACTION.—An action brought

6 under subsection (b) shall be advanced on the docket and

7 expedited in every way possible.

8 ‘‘(j) DEFINITIONS.—In this section, the terms

9 ‘United States price’, ‘foreign market value’, ‘constructed

10 value’, ‘subsidy’, ‘interested party’, and ‘material injury’,

11 have the meanings given those terms under title VII of

12 the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).

13 ‘‘(k) INTERVENTION BY THE UNITED STATES.—The

14 court shall permit the United States to intervene in any

15 action brought under subsection (b) as a matter of right.

16 The United States shall have all the rights of a party to

17 such action.

18 ‘‘(l) NULLIFICATION OF ORDER.—An order by a

19 court under this section may be set aside by the President

20 pursuant to section 203 of the International Emergency

21 Economic Powers Act (50 U.S.C. 1702).’’.

22 (c) ACTION FOR SUBSIDIES VIOLATIONS.—Title VIII

23 of the Act of September 8, 1916 (39 U.S.C. 798; 15

24 U.S.C. 71 et seq.) is amended by adding at the end the

25 following new section:
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1 ‘‘SEC. 807. IMPORTATION OR SALE OF SUBSIDIZED ARTI2 CLES.

3 ‘‘(a) PROHIBITION.—No person shall import into, or

4 sell within, the United States an article manufactured or

5 produced in a foreign country if—

6 ‘‘(1) the foreign country, any person who is a

7 citizen or national of the foreign country, or a cor8 poration, association, or other organization orga9 nized in the foreign country, is providing (directly or

10 indirectly) a subsidy with respect to the manufac11 ture, production, or exportation of the article; and

12 ‘‘(2) the importation or sale—

13 ‘‘(A) causes or threatens to cause material

14 injury to industry or labor in the United States;

15 or

16 ‘‘(B) prevents, in whole or in part, the es17 tablishment or modernization of any industry in

18 the United States.

19 ‘‘(b) CIVIL ACTION.—An interested party whose busi20 ness or property is injured by reason of the importation

21 or sale of an article in violation of this section may bring

22 a civil action in the United States District Court for the

23 District of Columbia or in the Court of International

24 Trade against any person who—

25 ‘‘(1) manufactures, produces, or exports the ar26 ticle; or
9

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1 ‘‘(2) imports the article into the United States

2 if the person is related to the manufacturer, pro3 ducer, or exporter of the article.

4 ‘‘(c) RELIEF.—

5 ‘‘(1) IN GENERAL.—Upon an affirmative deter6 mination by the United States District Court or the

7 Court of International Trade in an action brought

8 under subsection (b), the court shall issue an order

9 that includes a description of the subject article in

10 such detail as the court deems necessary and shall—

11 ‘‘(A) direct the Customs Service to assess

12 a countervailing duty on the article covered by

13 the determination in accordance with section

14 706(a) of the Tariff Act of 1930 (19 U.S.C.

15 1671e); and

16 ‘‘(B) require the deposit of estimated coun17 tervailing duties pending liquidation of entries

18 of the article at the same time as estimated

19 normal customs duties on that article are de20 posited.

21 ‘‘(d) STANDARD OF PROOF.—

22 ‘‘(1) PREPONDERANCE OF EVIDENCE.—The

23 standard of proof in an action filed under subsection

24 (b) is a preponderance of the evidence.

25 ‘‘(2) SHIFT OF BURDEN OF PROOF.—Upon—
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1 ‘‘(A) a prima facie showing of the elements

2 set forth in subsection (a), or

3 ‘‘(B) affirmative final determinations ad4 verse to the defendant that are made by the ad5 ministering authority and the United States

6 International Trade Commission under section

7 705 of the Tariff Act of 1930 (19 U.S.C.

8 1671d) relating to imports of the article in

9 question from the country in which the manu10 facturer of the article is located,

11 the burden of proof in an action brought under sub12 section (b) shall be upon the defendant.

13 ‘‘(e) OTHER PARTIES.—

14 ‘‘(1) IN GENERAL.—Whenever, in an action

15 brought under subsection (b), it appears to the court

16 that justice requires that other parties be brought

17 before the court, the court may cause them to be

18 summoned, without regard to where they reside, and

19 the subpoenas to that end may be served and en20 forced in any judicial district of the United States.

21 ‘‘(2) SERVICE ON DISTRICT DIRECTOR OF CUS22 TOMS SERVICE.—A foreign manufacturer, producer,

23 or exporter that sells articles, or for which articles

24 are sold by another party in the United States, shall

25 be treated as having appointed the District Director
11

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1 of the United States Customs Service for the port

2 through which the article that is the subject of the

3 action is commonly imported as the true and lawful

4 agent of the manufacturer, producer, or exporter,

5 and all lawful process may be served on the District

6 Director in any action brought under subsection (b)

7 against the manufacturer, producer, or exporter.

8 ‘‘(f) LIMITATION.—

9 ‘‘(1) STATUTE OF LIMITATIONS.—An action

10 under subsection (b) shall be commenced not later

11 than 4 years after the date on which the cause of

12 action accrues.

13 ‘‘(2) SUSPENSION.—The 4-year period provided

14 for in paragraph (1) shall be suspended—

15 ‘‘(A) while there is pending an administra16 tive proceeding under subtitle A of title VII of

17 the Tariff Act of 1930 (19 U.S.C. 1671 et seq.)

18 relating to the article that is the subject of the

19 action or an appeal of a final determination in

20 such a proceeding; and

21 ‘‘(B) for 1 year thereafter.

22 ‘‘(g) NONCOMPLIANCE WITH COURT ORDER.—If a

23 defendant in an action brought under subsection (b) fails

24 to comply with any discovery order or other order or de25 cree of the court, the court may—
12

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1 ‘‘(1) enjoin the further importation into, or the

2 sale or distribution within, the United States by the

3 defendant of articles that are the same as, or similar

4 to, the articles that are alleged in the action to have

5 been sold or imported under the conditions described

6 in subsection (a) until such time as the defendant

7 complies with the order or decree; or

8 ‘‘(2) take any other action authorized by law or

9 by the Federal Rules of Civil Procedure, including

10 entering judgment for the plaintiff.

11 ‘‘(h) CONFIDENTIALITY AND PRIVILEGED STATUS.—

12 ‘‘(1) IN GENERAL.—Except as provided in para13 graph (2), the confidential or privileged status ac14 corded by law to any documents, evidence, com15 ments, or information shall be maintained in any ac16 tion brought under subsection (b).

17 ‘‘(2) EXCEPTION.—In an action brought under

18 subsection (b) the court may—

19 ‘‘(A) examine, in camera, any confidential

20 or privileged material;

21 ‘‘(B) accept depositions, documents, affida22 vits, or other evidence under seal; and

23 ‘‘(C) disclose such material under such

24 terms and conditions as the court may order.
13

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1 ‘‘(i) EXPEDITION OF ACTION.—An action brought

2 under subsection (b) shall be advanced on the docket and

3 expedited in every way possible.

4 ‘‘(j) DEFINITIONS.—In this section, the terms ‘sub5 sidy’, ‘material injury’, and ‘interested party’ have the

6 meanings given those terms under title VII of the Tariff

7 Act of 1930 (19 U.S.C. 1671 et seq.).

8 ‘‘(k) INTERVENTION BY THE UNITED STATES.—The

9 court shall permit the United States to intervene in any

10 action brought under subsection (b) as a matter of right.

11 The United States shall have all the rights of a party to

12 such action.

13 ‘‘(l) NULLIFICATION OF ORDER.—An order by a

14 court under this section may be set aside by the President

15 pursuant to section 203 of the International Emergency

16 Economic Powers Act (50 U.S.C. 1702).’’.

17 (d) ACTION FOR CUSTOMS FRAUD.—

18 (1) AMENDMENT OF TITLE 28, UNITED STATES

19 CODE.—Chapter 95 of title 28, United States Code,

20 is amended by adding at the end the following new

21 section:

22 ‘‘§ 1586. Private enforcement action for customs

23 fraud

24 ‘‘(a) CIVIL ACTION.—An interested party whose busi25 ness or property is injured by a fraudulent, grossly neg-
14

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1 ligent, or negligent violation of section 592(a) of the Tariff

2 Act of 1930 (19 U.S.C. 1592(a)) may bring a civil action

3 in the United States District Court for the District of Co4 lumbia or in the Court of International Trade, without re5 spect to the amount in controversy.

6 ‘‘(b) RELIEF.—Upon proof by an interested party

7 that the business or property of such interested party has

8 been injured by a fraudulent, grossly negligent, or neg9 ligent violation of section 592(a) of the Tariff Act of 1930,

10 the interested party shall—

11 ‘‘(1)(A) be granted such equitable relief as may

12 be appropriate, which may include an injunction

13 against further importation into the United States

14 of the merchandise in question; or

15 ‘‘(B) if injunctive relief cannot be timely pro16 vided or is otherwise inadequate, recover damages

17 for the injuries sustained; and

18 ‘‘(2) recover the costs of suit, including reason19 able attorney’s fees.

20 ‘‘(c) DEFINITIONS.—For purposes of this section:

21 ‘‘(1) INTERESTED PARTY.—The term ‘inter22 ested party’ means—

23 ‘‘(A) a manufacturer, producer, or whole24 saler in the United States of like or competing

25 merchandise; or
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1 ‘‘(B) a trade or business association a ma2 jority of whose members manufacture, produce,

3 or wholesale like merchandise or competing

4 merchandise in the United States.

5 ‘‘(2) LIKE MERCHANDISE.—The term ‘like mer6 chandise’ means merchandise that is like, or in the

7 absence of like, most similar in characteristics and

8 users with, merchandise being imported into the

9 United States in violation of section 592(a) of the

10 Tariff Act of 1930 (19 U.S.C. 1592(a)).

11 ‘‘(3) COMPETING MERCHANDISE.—The term

12 ‘competing merchandise’ means merchandise that

13 competes with or is a substitute for merchandise

14 being imported into the United States in violation of

15 section 592(a) of the Tariff Act of 1930 (19 U.S.C.

16 1592(a)).

17 ‘‘(d) INTERVENTION BY THE UNITED STATES.—The

18 court shall permit the United States to intervene in an

19 action brought under this section, as a matter of right.

20 The United States shall have all the rights of a party.

21 ‘‘(e) NULLIFICATION OF ORDER.—An order by a

22 court under this section may be set aside by the President

23 pursuant to section 203 of the International Emergency

24 Economic Powers Act (50 U.S.C. 1702).’’.
16

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1 (2) TECHNICAL AMENDMENT.—The chapter

2 analysis for chapter 95 of title 28, United States

3 Code, is amended by adding at the end the following

4 new item:

‘‘1586. Private enforcement action for customs fraud.’’.

5 SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.

6 (a) IN GENERAL.—Title VII of the Tariff Act of

7 1930 (19 U.S.C. 1671 et seq.) is amended by inserting

8 after section 753 the following new section:

9 ‘‘SEC. 754. CONTINUED DUMPING AND SUBSIDY OFFSET.

10 ‘‘(a) IN GENERAL.—Duties assessed pursuant to a

11 countervailing duty order, an antidumping duty order, or

12 a finding under the Antidumping Act of 1921 shall be dis13 tributed on an annual basis under this section to workers

14 for damages sustained for loss of wages resulting from the

15 loss of jobs, and to the affected domestic producers for

16 qualifying expenditures. Such distribution shall be known

17 as the ‘continued dumping and subsidy offset’.

18 ‘‘(b) DEFINITIONS.—As used in this section:

19 ‘‘(1) AFFECTED DOMESTIC PRODUCER.—The

20 term ‘affected domestic producer’ means any manu21 facturer, producer, farmer, rancher, or worker rep22 resentative (including associations of such persons)

23 that—

24 ‘‘(A) was a petitioner or interested party in

25 support of the petition with respect to which an
17

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1 antidumping duty order, a finding under the

2 Antidumping Act of 1921, or a countervailing

3 duty order has been entered, and

4 ‘‘(B) remains in operation.

5 Companies, businesses, or persons that have ceased

6 the production of the product covered by the order

7 or finding or who have been acquired by a company

8 or business that is related to a company that op9 posed the investigation shall not be an affected do10 mestic producer.

11 ‘‘(2) COMMISSIONER.—The term ‘Commis12 sioner’ means the Commissioner of Customs.

13 ‘‘(3) COMMISSION.—The term ‘Commission’

14 means the United States International Trade Com15 mission.

16 ‘‘(4) QUALIFYING EXPENDITURE.—The term

17 ‘qualifying expenditure’ means an expenditure in18 curred after the issuance of the antidumping duty

19 finding or order or countervailing duty order in any

20 of the following categories:

21 ‘‘(A) Plant.

22 ‘‘(B) Equipment.

23 ‘‘(C) Research and development.

24 ‘‘(D) Personnel training.

25 ‘‘(E) Acquisition of technology.
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1 ‘‘(F) Health care benefits to employees

2 paid for by the employer.

3 ‘‘(G) Pension benefits to employees paid

4 for by the employer.

5 ‘‘(H) Environmental equipment, training,

6 or technology.

7 ‘‘(I) Acquisition of raw materials and other

8 inputs.

9 ‘‘(J) Borrowed working capital or other

10 funds needed to maintain production.

11 ‘‘(5) RELATED TO.—A company, business, or

12 person shall be considered to be ‘related to’ another

13 company, business, or person if—

14 ‘‘(A) the company, business, or person di15 rectly or indirectly controls or is controlled by

16 the other company, business, or person,

17 ‘‘(B) a third party directly or indirectly

18 controls both companies, businesses, or persons,

19 ‘‘(C) both companies, businesses, or per20 sons directly or indirectly control a third party

21 and there is reason to believe that the relation22 ship causes the first company, business, or per23 sons to act differently than a nonrelated party.

24 For purposes of this paragraph, a party shall be

25 considered to directly or indirectly control another
19

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1 party if the party is legally or operationally in a po2 sition to exercise restraint or direction over the other

3 party.

4 ‘‘(6) WORKERS.—The term ‘workers’ refers to

5 persons who sustained damages for loss of wages re6 sulting from loss of jobs. The Secretary of Labor

7 shall determine eligibility for purposes of this sec8 tion.

9 ‘‘(c) DISTRIBUTION PROCEDURES.—The Commis10 sioner in consultation with the Secretary of Labor shall

11 prescribe procedures for distribution of the continued

12 dumping or subsidies offset required by this section. Such

13 distribution shall be made not later than 60 days after

14 the first day of a fiscal year from duties assessed during

15 the preceding fiscal year.

16 ‘‘(d) PARTIES ELIGIBLE FOR DISTRIBUTION OF

17 ANTIDUMPING AND COUNTERVAILING DUTIES AS18 SESSED.—

19 ‘‘(1) LIST OF WORKERS AND AFFECTED DOMES20 TIC PRODUCERS.—The Commission shall forward to

21 the Commissioner within 60 days after the effective

22 date of this section in the case of orders or findings

23 in effect on such effective date, or in any other case,

24 within 60 days after the date an antidumping or

25 countervailing duty order or finding is issued, a list
20

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1 of petitioners and persons with respect to each order

2 and finding and a list of persons that indicate sup3 port of the petition by letter or through question4 naire response. In those cases in which a determina5 tion of injury was not required or the Commission’s

6 records do not permit an identification of those in

7 support of a petition, the Commission shall consult

8 with the administering authority to determine the

9 identity of the petitioner and those domestic parties

10 who have entered appearances during administrative

11 reviews conducted by the administering authority

12 under section 751.

13 ‘‘(2) PUBLICATION OF LIST; CERTIFICATION.—

14 The Commissioner shall publish in the Federal Reg15 ister at least 30 days before the distribution of a

16 continued dumping and subsidy offset, a notice of

17 intention to distribute the offset and the list of

18 workers and affected domestic producers potentially

19 eligible for the distribution based on the list obtained

20 from the Commission under paragraph (1). The

21 Commissioner shall request a certification from each

22 potentially eligible affected domestic producer—

23 ‘‘(A) that the producer desires to receive a

24 distribution;
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1 ‘‘(B) that the producer is eligible to receive

2 the distribution as an affected domestic pro3 ducer; and

4 ‘‘(C) the qualifying expenditures incurred

5 by the producer since the issuance of the order

6 or finding for which distribution under this sec7 tion has not previously been made.

8 ‘‘(3) DISTRIBUTION OF FUNDS.—The Commis9 sioner in consultation with the Secretary of Labor

10 shall distribute all funds (including all interest

11 earned on the funds) from assessed duties received

12 in the preceding fiscal year to workers and to the af13 fected domestic producers based on the certifications

14 described in paragraph (2). The distributions shall

15 be made on a pro rata basis based on new and re16 maining qualifying expenditures.

17 ‘‘(e) SPECIAL ACCOUNTS.—

18 ‘‘(1) ESTABLISHMENTS.—Within 14 days after

19 the effective date of this section, with respect to

20 antidumping duty orders and findings and counter21 vailing duty orders in effect on the effective date of

22 this section, and within 14 days after the date an

23 antidumping duty order or finding or countervailing

24 duty order issued after the effective date takes ef25 fect, the Commissioner shall establish in the Treas-
22

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1 ury of the United States a special account with re2 spect to each such order or finding.

3 ‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commis4 sioner shall deposit into the special accounts, all

5 antidumping or countervailing duties (including in6 terest earned on such duties) that are assessed after

7 the effective date of this section under the anti8 dumping order or finding or the countervailing duty

9 order with respect to which the account was estab10 lished.

11 ‘‘(3) TIME AND MANNER OF DISTRIBUTIONS.—

12 Consistent with the requirements of subsections (c)

13 and (d), the Commissioner shall by regulation pre14 scribe the time and manner in which distribution of

15 the funds in a special account shall made.

16 ‘‘(4) TERMINATION.—A special account shall

17 terminate after—

18 ‘‘(A) the order or finding with respect to

19 which the account was established has termi20 nated;

21 ‘‘(B) all entries relating to the order or

22 finding are liquidated and duties assessed col23 lected;
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1 ‘‘(C) the Commissioner has provided notice

2 and a final opportunity to obtain distribution

3 pursuant to subsection (c); and

4 ‘‘(D) 90 days has elapsed from the date of

5 the notice described in subparagraph (C).

6 Amounts not claimed within 90 days of the date of

7 the notice described in subparagraph (C), shall be

8 deposited into the general fund of the Treasury.’’.

9 (b) CONFORMING AMENDMENT.—The table of con10 tents for title VII of the Tariff Act of 1930 is amended

11 by inserting the following new item after the item relating

12 to section 753:

‘‘Sec. 754. Continued dumping and subsidy offset.’’.

13 (c) EFFECTIVE DATE.—The amendments made by

14 this section shall apply with respect to all antidumping

15 and countervailing duty assessments made on or after

16 October 1, 1996.

Æ