I 

114TH CONGRESS 

2D SESSION H. R. 5209 

To amend the Tariff Act of 1930 to provide for the payment to affected 

producers and their employees of duties that are collected pursuant 

to countervailing and antidumping duty orders, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 12, 2016 

Mr. MCKINLEY (for himself, Mr. RUSH, and Mr. WESTERMAN) introduced the 

following bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend the Tariff Act of 1930 to provide for the payment 

to affected producers and their employees of duties that 

are collected pursuant to countervailing and antidumping 

duty orders, 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 ‘‘American Manufac5 turing and Worker Protection Act of 2016’’. 

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1 SEC. 2. DISTRIBUTION OF COUNTERVAILING AND ANTI2 DUMPING DUTIES. 

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

4 1930 (19 U.S.C. 1671 et seq.) is amended by inserting 

5 after section 753 the following: 

6 ‘‘SEC. 754. DISTRIBUTION OF CERTAIN DUTIES TO AF7 FECTED DOMESTIC PRODUCERS AND EM8 PLOYEES. 

9 ‘‘(a) DEFINITIONS.—In this section: 

10 ‘‘(1) AFFECTED DOMESTIC PRODUCER.— 

11 ‘‘(A) IN GENERAL.—Subject to subpara12 graph (B), the term ‘affected domestic pro13 ducer’ means any manufacturer or producer 

14 that— 

15 ‘‘(i) was a petitioner or interested 

16 party in support of the petition with re17 spect to which an antidumping duty order, 

18 a finding under the Antidumping Act of 

19 1921, or a countervailing duty order has 

20 been entered; and 

21 ‘‘(ii) remains in operation. 

22 ‘‘(B) EXCEPTION.—Any company, busi23 ness, or person that has ceased the production 

24 of the product covered by the order or finding 

25 described in subparagraph (A) or who has been 

26 acquired by a company or business that is remstockstill on DSK3G9T082PROD with BILLS

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1 lated to a company that opposed the investiga2 tion pursuant to which the order or finding 

3 under subparagraph (A) was issued shall not be 

4 an affected domestic producer. 

5 ‘‘(2) COMMISSIONER.—The term ‘Commis6 sioner’ means the Commissioner responsible for U.S. 

7 Customs and Border Protection. 

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

9 means the United States International Trade Com10 mission. 

11 ‘‘(4) ELIGIBLE EMPLOYEE.— 

12 ‘‘(A) IN GENERAL.—An individual is an 

13 ‘eligible employee’ of an affected domestic pro14 ducer if the individual— 

15 ‘‘(i) has been totally or partially sepa16 rated from employment with that affected 

17 domestic producer because of dumping or a 

18 subsidy pursuant to which the antidumping 

19 order or finding, or the countervailing duty 

20 order, described in paragraph (1)(A)(i) 

21 was entered; or 

22 ‘‘(ii) is an employee of the affected 

23 domestic producer at the time a distribu24 tion is made under subsection (b) and was 

25 such an employee continuously from a date 

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1 that preceded the date on which the anti2 dumping order or finding, or the counter3 vailing duty order, described in paragraph 

4 (1)(A)(i) was entered. 

5 ‘‘(B) EXCLUSION.—An executive officer of 

6 an affected domestic producer is not an eligible 

7 employee of that producer. 

8 ‘‘(C) EXECUTIVE OFFICER DEFINED.—The 

9 term ‘executive officer’ means, with respect to 

10 an affected domestic producer, the chairman of 

11 the board of directors, chief executive officer, 

12 chief financial officer, president, or vice chair13 man, any executive vice president, and any sen14 ior vice president in charge of a principal busi15 ness unit, division, or function. 

16 ‘‘(5) PARTIALLY SEPARATED.—The term ‘par17 tially separated’ means, with respect to an employee 

18 who has not been totally separated, that the em19 ployee has had— 

20 ‘‘(A) the employee’s hours of work reduced 

21 to 80 percent or less of the employee’s average 

22 weekly hours because of dumping or a subsidy 

23 pursuant to which an antidumping order or 

24 finding, or a countervailing duty order, demstockstill on DSK3G9T082PROD with BILLS

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1 scribed in paragraph (1)(A)(i), was entered; 

2 and 

3 ‘‘(B) the employee’s wages reduced to 80 

4 percent or less of the employee’s average weekly 

5 wage because of dumping or a subsidy pursuant 

6 to which such antidumping order or finding, or 

7 countervailing duty order, was entered. 

8 ‘‘(6) QUALIFYING EXPENDITURE.—The term 

9 ‘qualifying expenditure’ means an expenditure in10 curred by an affected domestic producer after the 

11 issuance of the antidumping duty finding or order, 

12 or countervailing duty order, described in paragraph 

13 (1)(A)(i) in any of the following categories: 

14 ‘‘(A) Manufacturing facilities. 

15 ‘‘(B) Equipment. 

16 ‘‘(C) Research and development. 

17 ‘‘(D) Personnel training. 

18 ‘‘(E) Acquisition of technology. 

19 ‘‘(F) Health care benefits to employees 

20 paid for by the employer. 

21 ‘‘(G) Pension benefits to employees paid 

22 for by the employer. 

23 ‘‘(H) Environmental equipment, training, 

24 or technology. 

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

2 inputs. 

3 ‘‘(J) Working capital or other funds need4 ed to maintain production. 

5 ‘‘(7) RELATED TO.— 

6 ‘‘(A) IN GENERAL.—A company, business, 

7 or person shall be considered to be ‘related to’ 

8 another company, business, or person if— 

9 ‘‘(i) the company, business, or person 

10 directly or indirectly controls or is con11 trolled by the other company, business, or 

12 person; 

13 ‘‘(ii) a third party directly or indi14 rectly controls both companies, businesses, 

15 or persons; or 

16 ‘‘(iii) both companies, businesses, or 

17 persons directly or indirectly control a 

18 third party and there is reason to believe 

19 that the relationship causes the first com20 pany, business, or persons to act dif21 ferently than a nonrelated party. 

22 ‘‘(B) CONTROL.—For purposes of subpara23 graph (A), a party shall be considered to di24 rectly or indirectly control another party if the 

25 party is legally or operationally in a position to 

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1 exercise restraint or direction over the other 

2 party. 

3 ‘‘(8) TOTALLY SEPARATED.—The term ‘totally 

4 separated’ means the layoff or severance of an indi5 vidual from employment with an affected domestic 

6 producer because of dumping or a subsidy pursuant 

7 to which an antidumping order or finding, or the 

8 countervailing duty order, described in paragraph 

9 (1)(A)(i) was entered. 

10 ‘‘(b) 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 a semiannual basis under this section to the 

14 affected domestic producers for qualifying expenditures 

15 and cash to eligible employees. Such distribution shall be 

16 known as the ‘antidumping and subsidy protection 

17 amount’. Of each such distribution, not more than 10 per18 cent may be used for administrative expenses. Of the re19 mainder, 40 percent shall be distributed to eligible employ20 ees of each affected domestic producer to which a distribu21 tion is made as provided in this section, and 50 percent 

22 shall be distributed for qualifying expenditures of such af23 fected domestic producer. 

24 ‘‘(c) DISTRIBUTION PROCEDURES.—The Commis25 sioner shall prescribe procedures for distribution of the 

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1 antidumping and subsidy protection amount required by 

2 this section. Such procedures shall require each affected 

3 producer to whom a distribution is to be made under this 

4 section to distribute the portion required for eligible em5 ployees in equal amounts to all such employees. Each dis6 tribution under this section shall be made not later than 

7 60 days after the last day of each 6-month period of a 

8 fiscal year from duties assessed during that 6-month pe9 riod. 

10 ‘‘(d) PARTIES ELIGIBLE FOR DISTRIBUTION OF

11 ANTIDUMPING AND COUNTERVAILING DUTIES AS12 SESSED.— 

13 ‘‘(1) LIST OF AFFECTED DOMESTIC PRO14 DUCERS.—The Commission shall forward to the 

15 Commissioner, within 45 days after the effective 

16 date of the American Manufacturing and Worker 

17 Protection Act of 2016 in the case of orders or find18 ings in effect on that date or, in any other case, 

19 within 45 days after the date on which an anti20 dumping or countervailing duty order or finding is 

21 issued, a list of petitioners and persons with respect 

22 to each order and finding and a list of persons that 

23 indicate support of the petition by letter or through 

24 questionnaire response. In those cases in which a de25 termination of injury was not required or the Commstockstill on DSK3G9T082PROD with BILLS

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1 mission’s records do not permit an identification of 

2 those in support of a petition, the Commission shall 

3 consult with the administering authority to deter4 mine the identity of the petitioner and those domes5 tic parties who have entered appearances during ad6 ministrative reviews conducted by the administering 

7 authority under section 751. 

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

9 The Commissioner shall publish in the Federal Reg10 ister, at least 30 days before the distribution of an 

11 antidumping and subsidy protection amount is 

12 made, a notice of intention to distribute the anti13 dumping and subsidy protection amount and the list 

14 of affected domestic producers potentially eligible for 

15 the distribution based on the list obtained from the 

16 Commission under paragraph (1). The Commis17 sioner shall request a certification from each poten18 tially eligible affected domestic producer— 

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

20 distribution; 

21 ‘‘(B) that the producer is eligible to receive 

22 the distribution as an affected domestic pro23 ducer; 

24 ‘‘(C) the qualifying expenditures incurred 

25 by the producer since the issuance of the order 

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1 or finding for which distribution under this sec2 tion has not previously been made; and 

3 ‘‘(D) the eligible employees to whom the 

4 distribution is to be made. 

5 ‘‘(3) DISTRIBUTION OF FUNDS.—The Commis6 sioner shall distribute all funds (including all inter7 est earned on the funds) from assessed duties re8 ceived in a fiscal year to affected domestic producers 

9 based on the certifications described in paragraph 

10 (2). The distributions shall be made on a pro rata 

11 basis based on new and remaining qualifying ex12 penditures and the number of eligible employees to 

13 whom distributions are to be made. 

14 ‘‘(e) SPECIAL ACCOUNTS.— 

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

16 the effective date of the American Manufacturing 

17 and Worker Protection Act of 2016, with respect to 

18 antidumping duty orders and findings and counter19 vailing duty orders in effect on that effective date, 

20 and within 14 days after the effective date of an 

21 antidumping duty order or finding or countervailing 

22 duty order issued after the effective date of that Act, 

23 the Commissioner shall establish in the Treasury of 

24 the United States a special account with respect to 

25 each such order or finding. 

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1 ‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commis2 sioner shall deposit into the special accounts all anti3 dumping or countervailing duties (including interest 

4 earned on such duties) that are assessed on or after 

5 the effective date of the American Manufacturing 

6 and Worker Protection Act of 2016 under the anti7 dumping duty order or finding or the countervailing 

8 duty order with respect to which the account was es9 tablished. 

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

11 Consistent with the requirements of subsections (c) 

12 and (d), the Commissioner shall by regulation pre13 scribe the time and manner in which distribution of 

14 the funds in a special account shall be made. 

15 ‘‘(4) TERMINATION.— 

16 ‘‘(A) TERMINATION.—If— 

17 ‘‘(i) the order or finding with respect 

18 to which a special account was established 

19 has terminated, 

20 ‘‘(ii) all entries relating to the order 

21 or finding have been liquidated and duties 

22 assessed collected, and 

23 ‘‘(iii) the Commissioner has provided 

24 notice and a final opportunity to obtain a 

25 distribution pursuant to subsection (c), 

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1 then the special account shall terminate upon 

2 the expiration of the 90-day period beginning 

3 on the date of the notice described in clause 

4 (iii) 

5 ‘‘(B) UNCLAIMED AMOUNTS.—Amounts 

6 not claimed within the 90-day period described 

7 in subparagraph (A) shall be deposited into the 

8 general fund of the Treasury. 

9 ‘‘(f) REPORTS TO CONGRESS.—The Commissioner 

10 shall submit to Congress, not later than December 31 of 

11 each year, a report on the implementation of this section 

12 for antidumping and countervailing duty assessments 

13 made during the preceding fiscal year, and any rec14 ommendations the Commissioner may have with respect 

15 to such implementation. The report shall also include any 

16 findings of the Commission with respect to any waste, 

17 fraud, or abuse in the program established by this sec18 tion.’’. 

19 (b) CONFORMING AMENDMENT.—The table of con20 tents for title VII of the Tariff Act of 1930 is amended 

21 by inserting after the item relating to section 753 the fol22 lowing new item: 

‘‘Sec. 754. Distribution of certain duties to affected domestic producers and 

employees.’’. 

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

24 this section shall take effect on October 1, 2016, and shall 

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1 apply with respect to all antidumping and countervailing 

2 duty assessments made on or after that date. 

3 SEC. 3. APPLICATION TO CANADA AND MEXICO. 

4 Pursuant to article 1902 of the North American Free 

5 Trade Agreement and section 408 of the North American 

6 Free Trade Agreement Implementation Act (19 U.S.C. 

7 3438), the amendments made by this Act shall apply with 

8 respect to goods from Canada and Mexico. 

Æ 

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