I

106TH CONGRESS

1ST SESSION H. R. 1505

To amend United States trade laws to address more effectively import crises.

IN THE HOUSE OF REPRESENTATIVES

APRIL 21, 1999

Mr. ENGLISH (for himself, Mr. CARDIN, Mr. REGULA, Mr. COYNE, Mr. NEY,

Mr. TRAFICANT, and Mr. ADERHOLT) introduced the following bill; which

was referred to the Committee on Ways and Means

A BILL

To amend United States trade laws to address more

effectively import crises.

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 ‘‘Fair Trade Law En5 hancement Act of 1999’’.
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1 TITLE I—SAFEGUARD

2 AMENDMENTS

3 SEC. 101. CAUSATION STANDARD.

4 (a) CHANGE IN CAUSATION STANDARD.—(1) Section

5 201(a) of the Trade Act of 1974 (19 U.S.C. 2251(a)) is

6 amended by striking ‘‘substantial’’.

7 (2) Section 202 of the Trade Act of 1974 (19 U.S.C.

8 2252) is amended—

9 (A) in subsection (b)(1)(A), by striking ‘‘sub10 stantial’’;

11 (B) by amending subsection (b)(1)(B) to read

12 as follows:

13 ‘‘(B) Imports are a cause of serious injury, or

14 the threat thereof, when a causal link can be estab15 lished between imports and the domestic industry’s

16 injury.’’;

17 (C) in subsection (c)(1)(C), by striking ‘‘sub18 stantial cause’’ and inserting ‘‘the causal link’’;

19 (D) in subsection (c)(3), by striking ‘‘substan20 tial’’; and

21 (E) in subsection (d)(2)(A)(i), by striking ‘‘sub22 stantial’’.

23 (b) CONFORMING AMENDMENT.—Section 264(c) of

24 the Trade Act of 1974 (19 U.S.C. 2354(c)) is amended

25 by striking ‘‘substantial’’.
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1 SEC. 102. CAPTIVE PRODUCTION.

2 Section 202(c)(4) of the Trade Act of 1974 (19

3 U.S.C. 2252(c)(4)) is amended—

4 (1) by striking ‘‘and’’ at the end of subpara5 graph (B);

6 (2) by striking the period at the end of sub7 paragraph (C) and inserting ‘‘; and’’; and

8 (3) by adding after subparagraph (C) the fol9 lowing:

10 ‘‘(D) shall, in cases in which domestic pro11 ducers transfer internally, including to related

12 parties, significant production of the like or di13 rectly competitive article for the production of

14 a downstream article and sell significant pro15 duction of the like or directly competitive article

16 in the merchant market, focus on the merchant

17 market when determining the domestic indus18 try’s market share and other relevant factors.

19 For purposes of this section, a party is related to

20 another party if the first party controls, is controlled

21 by, or is under common control with, that other

22 party.’’.

23 SEC. 103. PRESUMPTION OF THREAT AND OF CRITICAL CIR24 CUMSTANCES.

25 Section 202 of the Trade Act of 1974 (19 U.S.C.

26 2252) is amended—
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1 (1) in subsection (c)(1), by inserting at the end

2 the following flush sentences:

3 ‘‘Notwithstanding subparagraph (B), if the Commis4 sion finds that, at any time during the 12-month pe5 riod preceding the initiation of an investigation,

6 there has been a rapid decline in domestic prices for

7 the like or directly competitive article and a rapid

8 increase in imports of the imported article, the Com9 mission shall apply a rebuttable presumption that

10 the domestic industry is threatened with serious in11 jury by reason of such imports. For purposes of the

12 preceding sentence, ‘rapid’ means a change of 10

13 percent or more from one calendar quarter to the

14 next, and the price decline and the increase in im15 ports need not be contemporaneous. In any case in

16 which this presumption does not apply, or in which

17 it applies but is rebutted, the Commission shall con18 duct a threat of serious injury analysis as if no such

19 presumption applied.’’; and

20 (2) in subsection (d)(2)(A), by adding at the

21 end the following flush sentences:

22 ‘‘If the Commission finds that, at any time during

23 the 12-month period preceding the initiation of an

24 investigation, there has been a rapid decline in do25 mestic prices for the like or directly competitive arti-
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1 cle and a rapid increase in imports of the imported

2 article, the Commission shall apply a rebuttable pre3 sumption that the criteria in clauses (i) and (ii) are

4 met. For purposes of this paragraph, ‘rapid’ means

5 a change of 10 percent or more from one calendar

6 quarter to the next, and the price decline and the in7 crease in imports need not be contemporaneous. In

8 any case in which this presumption does not apply,

9 or in which it applies but is rebutted, the Commis10 sion shall conduct a critical circumstances analysis

11 as if no such presumption applied.’’.

12 SEC. 104. INJURY FACTORS.

13 Section 202(c)(1)(A) of the Trade Act of 1974 (19

14 U.S.C. 2252(c)(1)(A)) is amended to read as follows:

15 ‘‘(A) with respect to serious injury—

16 ‘‘(i) the rate and amount of the in17 crease in imports of the product concerned

18 in absolute and relative terms;

19 ‘‘(ii) the share of the domestic market

20 taken by increased imports;

21 ‘‘(iii) changes in the level of sales;

22 ‘‘(iv) production;

23 ‘‘(v) productivity;

24 ‘‘(vi) capacity utilization;

25 ‘‘(vii) profits and losses; and
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1 ‘‘(viii) employment;’’.

2 TITLE II—AMENDMENTS TO

3 TITLE VII OF THE TARIFF ACT

4 OF 1930

5 SEC. 201. CAPTIVE PRODUCTION.

6 Section 771(7)(C)(iv) of the Tariff Act of 1930 (19

7 U.S.C. 1677(7)(C)(iv)) is amended to read as follows:

8 ‘‘(iv) CAPTIVE PRODUCTION.—If do9 mestic producers transfer internally, in10 cluding to affiliated persons as defined in

11 section 771(33), significant production of

12 the domestic like product for the produc13 tion of a downstream article and sell sig14 nificant production of the domestic like

15 product in the merchant market, then the

16 Commission, in determining market share

17 and the factors affecting financial perform18 ance set forth in clause (iii), shall focus on

19 the merchant market.’’.

20 SEC. 202. CUMULATION.

21 Section 771(7)(G)(i) of the Tariff Act of 1930 (19

22 U.S.C. 1677(7)(G)(i)) is amended to read as follows:

23 ‘‘(i) IN GENERAL.—For purposes of

24 clauses (i) and (ii) of subparagraph (C),

25 and subject to clause (ii), the Commission
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1 shall cumulatively assess the volume and

2 effect of imports of the subject merchan3 dise from all countries subject to petitions

4 filed under section 702(b) or 732(b), or

5 subject to investigations initiated under

6 702(a) or 732(a), if such petitions were

7 filed, or such investigations were initiated,

8 within 90 days before the date on which

9 the Commission is required to make its

10 final injury determination, and if such im11 ports compete with each other and with

12 the domestic like products in the United

13 States market.’’.

14 SEC. 203. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND

15 INJURY.

16 Section 771(7)(C) of the Tariff act of 1930 (19

17 U.S.C. 1677(7)(C)) is amended by adding at the end the

18 following new clause:

19 ‘‘(v) IMPORTS, BASIS FOR AFFIRMA20 TIVE DETERMINATION.—The Commission

21 shall not weigh against other factors the

22 injury caused by imports found by the ad23 ministering authority to be dumped or pro24 vided a countervailable subsidy. Rather, if

25 the imports are a contributing cause of in-
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1 jury to the domestic industry, the Commis2 sion shall make an affirmative determina3 tion, unless the injury caused by the im4 ports is inconsequential, immaterial, or un5 important.’’.

6 SEC. 204. PRESUMPTION OF THREAT OF MATERIAL INJURY.

7 Section 771(7)(F) of the Tariff Act of 1930 (19

8 U.S.C. 1677(7)(F)) is amended by redesignating clause

9 (iii) as clause (iv) and inserting after clause (ii) the fol10 lowing new clause:

11 ‘‘(iii) PRESUMPTION OF THREAT OF

12 MATERIAL INJURY.—Notwithstanding

13 clauses (i) and (ii), if the Commission

14 finds that, at any time during the 12-

15 month period preceding the initiation of an

16 investigation, there has been a rapid de17 cline in domestic prices for the domestic

18 like product and a rapid increase in im19 ports of the subject merchandise, the Com20 mission shall apply a rebuttable presump21 tion that the domestic industry is threat22 ened with material injury by reason of

23 such imports. For purposes of this clause,

24 ‘rapid’ means a change of 10 percent or

25 more from one calendar quarter to the
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1 next, and the price decline and the increase

2 in imports need not be contemporaneous.

3 In any case in which this presumption does

4 not apply, or in which it applies but is re5 butted, the Commission shall conduct a

6 threat of injury analysis as if no such pre7 sumption applied.’’.

8 SEC. 205. PRESUMPTION OF CRITICAL CIRCUMSTANCES.

9 (a) INITIAL FINDING BY COMMISSION.—

10 (1) COUNTERVAILABLE SUBSIDY.—Section

11 703(a) of the Tariff Act of 1930 (19 U.S.C.

12 1671b(a)) is amended by adding at the end the fol13 lowing:

14 ‘‘(3) DETERMINATION OF RAPID DECLINE.—

15 Any preliminary determination by the Commission

16 under this subsection shall include a determination

17 of whether at any time during the 12-month period

18 preceding the initiation of the investigation there has

19 been a rapid decline in domestic prices for the do20 mestic like product. For purposes of this subsection,

21 ‘rapid’ means a change of 10 percent or more from

22 one calendar quarter to the next.’’.

23 (2) DUMPING.—Section 733(a) of the Tariff

24 Act of 1930 (19 U.S.C. 1673b(a)) is amended by

25 adding at the end the following:
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1 ‘‘(3) DETERMINATION OF RAPID DECLINE.—

2 Any preliminary determination by the Commission

3 under this subsection shall include a determination

4 of whether at any time during the 12-month period

5 preceding the initiation of the investigation there has

6 been a rapid decline in domestic prices for the do7 mestic like product. For purposes of this subsection,

8 ‘rapid’ means a change of 10 percent or more from

9 one calendar quarter to the next.’’.

10 (b) COUNTERVAILING DUTY CASES.—

11 (1) PRELIMINARY DETERMINATIONS BY ADMIN12 ISTERING AUTHORITY.—Section 703(e) of the Tariff

13 Act of 1930 (19 U.S.C. 1671b(e)) is amended by

14 designating paragraph (2) as paragraph (3) and in15 serting the following after paragraph (1):

16 ‘‘(2) PRESUMPTION OF CRITICAL CIR17 CUMSTANCES.—Notwithstanding paragraph (1), if

18 the Commission has found under subsection (a)(3) a

19 rapid decline in domestic prices during a 12-month

20 period and the administering authority finds that a

21 rapid increase in imports of the subject merchandise

22 occurred during the same 12-month period, the ad23 ministering authority shall apply a rebuttable pre24 sumption that critical circumstances exist with re25 spect to such imports. For purposes of this para-
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1 graph, ‘rapid’ means a change of 10 percent or more

2 from one calendar quarter to the next, and the price

3 decline and the increase in imports need not be con4 temporaneous. In any case in which this presump5 tion does not apply, or in which it applies but is

6 rebutted, the administering authority shall conduct

7 a critical circumstances analysis as if no such pre8 sumption applied.’’.

9 (2) FINAL DETERMINATIONS BY ADMIN10 ISTERING AUTHORITY.—Section 705(a) of the Tariff

11 Act of 1930 (19 U.S.C. 1671d(a)) is amended by re12 designating paragraph (3) as paragraph (4) and in13 serting after paragraph (2) the following new para14 graph:

15 ‘‘(3) CRITICAL CIRCUMSTANCES DETERMINA16 TIONS; SPECIAL RULE.—Notwithstanding paragraph

17 (2), if the Commission has found under section

18 703(a)(3) a rapid decline in domestic prices during

19 a 12-month period, and the administering authority

20 finds that a rapid increase in imports of the subject

21 merchandise occurred during the same 12-month pe22 riod, the administering authority shall apply a rebut23 table presumption that critical circumstances exist

24 with respect to such imports. For purposes of this

25 paragraph, ‘rapid’ means a change of 10 percent or
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1 more from one calendar quarter to the next, and the

2 price decline and the increase in imports need not be

3 contemporaneous. In any case in which this pre4 sumption does not apply, or in which it applies but

5 is rebutted, the administering authority shall con6 duct a critical circumstances analysis as if no such

7 presumption applied.’’.

8 (3) FINAL DETERMINATIONS BY COMMISSION.—

9 Section 705(b)(4)(A) of the Tariff Act of 1930 (19

10 U.S.C. 1671d(b)(4)(A)) is amended by inserting

11 after clause (ii) the following new clause:

12 ‘‘(iii) PRESUMPTION THAT STANDARD

13 FOR RETROACTIVE APPLICATION IS MET.—

14 Notwithstanding clause (ii), if the Commis15 sion determines that, at any time during

16 the 12-month period since the initiation of

17 the investigation, there has been a rapid

18 decline in domestic prices for the domestic

19 like product and a rapid increase in im20 ports of the subject merchandise, the Com21 mission shall apply a rebuttable presump22 tion that the imports subject to the affirm23 ative determination under subsection (a)(2)

24 are likely to undermine seriously the reme25 dial effect of the countervailing duty order
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1 to be issued under section 706. For pur2 poses of this clause, ‘rapid’ means a

3 change of 10 percent or more from one cal4 endar quarter to the next, and the price

5 decline and the increase in imports need

6 not be contemporaneous. In any case in

7 which this presumption does not apply, or

8 in which it applies but is rebutted, the

9 Commission shall conduct a critical cir10 cumstances analysis as if no such pre11 sumption applied.’’.

12 (c) ANTIDUMPING CASES.—

13 (1) PRELIMINARY DETERMINATIONS BY ADMIN14 ISTERING AUTHORITY.—Section 733(e) of the Tariff

15 Act of 1930 (19 U.S.C. 1673b(e)) is amended by re16 designating paragraph (2) as paragraph (3) and in17 serting after paragraph (1) the following new para18 graph:

19 ‘‘(2) PRESUMPTION OF CRITICAL CIR20 CUMSTANCES.—Notwithstanding paragraph (1), if

21 the Commission has found under subsection (a)(3) a

22 rapid decline in domestic prices during a 12-month

23 period and the administering authority finds that a

24 rapid increase in imports of the subject merchandise

25 occurred during the same 12-month period, the ad-
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1 ministering authority shall apply a rebuttable pre2 sumption that critical circumstances exist with re3 spect to such imports. For purposes of this clause,

4 ‘rapid’ means a change of 10 percent or more from

5 one calendar quarter to the next, and the price de6 cline and the increase in imports need not be con7 temporaneous. In any case in which this presump8 tion does not apply, or in which it applies but is re9 butted, the administering authority shall conduct a

10 critical circumstances analysis as if no such pre11 sumption applied.’’.

12 (2) FINAL DETERMINATIONS BY ADMIN13 ISTERING AUTHORITY.—Section 735(a) of the Tariff

14 Act of 1930 (19 U.S.C. 1673d(a)) is amended by re15 designating paragraph (4) as paragraph (5) and in16 serting the following after paragraph (3):

17 ‘‘(4) CRITICAL CIRCUMSTANCES DETERMINA18 TIONS; SPECIAL RULE.—Notwithstanding paragraph

19 (3), if the Commission has found under section

20 733(a)(3) a rapid decline in domestic prices during

21 a 12-month period, and the administering authority

22 finds that a rapid increase in imports of the subject

23 merchandise occurred during the same 12-month pe24 riod, the administering authority shall apply a rebut25 table presumption that critical circumstances exist
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1 with respect to such imports. For purposes of this

2 paragraph, ‘rapid’ means a change of 10 percent or

3 more from one calendar quarter to the next, and the

4 price decline and the increase in imports need not be

5 contemporaneous. In any case in which this pre6 sumption does not apply, or in which it applies but

7 is rebutted, the administering authority shall con8 duct a critical circumstances analysis as if no such

9 presumption applied.’’.

10 (3) FINAL DETERMINATIONS BY COMMISSION.—

11 Section 735(b)(4)(A) of the Tariff Act of 1930 (19

12 U.S.C. 1673d(b)(4)(A)) is amended by adding after

13 clause (ii) the following:

14 ‘‘(iii) PRESUMPTION THAT STANDARD

15 FOR RETROACTIVE APPLICATION IS MET.—

16 Notwithstanding clause (ii), if the Commis17 sion determines that, at any time during

18 the 12-month period since the initiation of

19 the investigation, there has been a rapid

20 decline in domestic prices for the domestic

21 like product and a rapid increase in im22 ports of the subject merchandise, the Com23 mission shall apply a rebuttable presump24 tion that the imports subject to the affirm25 ative determination under subsection (a)(3)
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1 are likely to undermine seriously the reme2 dial effect of the antidumping duty order

3 to be issued under section 736. For pur4 poses of this clause, ‘rapid’ means a

5 change of 10 percent or more from one cal6 endar quarter to the next, and the price

7 decline and the increase in imports need

8 not be contemporaneous. In any case in

9 which this presumption does not apply, or

10 in which it applies but is rebutted, the

11 Commission shall conduct a critical cir12 cumstances analysis as if no such pre13 sumption applied.’’.

14 SEC. 206. PREVENTION OF CIRCUMVENTION.

15 Section 781(c) of the Tariff Act of 1930 (19 U.S.C.

16 1677j(c)) is amended to read as follows:

17 ‘‘(c) MINOR ALTERATIONS OF MERCHANDISE.—The

18 class or kind of merchandise subject to—

19 ‘‘(1) an investigation under this subtitle,

20 ‘‘(2) an antidumping duty order issued under

21 section 736,

22 ‘‘(3) a finding issued under the Antidumping

23 Act, 1921, or

24 ‘‘(4) a countervailing duty order issued under

25 section 706 or section 303,
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1 shall include articles whose form or appearance has been

2 altered in minor respects by changes in production process

3 (including raw agricultural products that have undergone

4 minor processing), regardless of any change in tariff clas5 sification and regardless of whether the merchandise de6 scription used in the investigation, order, or finding would

7 otherwise exclude the altered article.’’.

8 SEC. 207. DOMESTIC INDUSTRY SUPPORT FOR SUSPENSION

9 AGREEMENTS.

10 (a) COUNTERVAILING DUTY CASES.—Section

11 704(d)(1) of the Tariff Act of 1930 (19 U.S.C.

12 1671c(d)(1)) is amended—

13 (1) by striking ‘‘and’’ at the end of subpara14 graph (A);

15 (2) in subparagraph (B) by striking the period

16 and inserting ‘‘, and’’; and

17 (3) by inserting after subparagraph (B) the fol18 lowing new subparagraph:

19 ‘‘(C) domestic producers or workers ac20 counting for more than 50 percent of the total

21 production of the domestic like product support

22 the agreement.’’.

23 (b) ANTIDUMPING DUTY CASES.—Section 734(d) of

24 the Tariff Act of 1930 (19 U.S.C. 1673c(d)) is amended—
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1 (1) by striking ‘‘and’’ at the end of paragraph

2 (1);

3 (2) in paragraph (2), by striking the period and

4 inserting ‘‘, and’’; and

5 (3) by inserting after paragraph (2) the fol6 lowing new paragraph:

7 ‘‘(3) domestic producers or workers accounting

8 for more than 50 percent of the total production of

9 the domestic like product support the agreement.’’.

10 SEC. 208. IMPACT OF SAFEGUARD DETERMINATIONS ON 5-

11 YEAR REVIEW DETERMINATIONS.

12 Section 752(a) of the Tariff Act of 1930 (19 U.S.C.

13 1675a(a)) is amended by adding at the end the following

14 new paragraph:

15 ‘‘(9) IMPACT OF PRIOR SERIOUS INJURY DE16 TERMINATIONS.—

17 ‘‘(A) AFFIRMATIVE SERIOUS INJURY DE18 TERMINATIONS.—If the Commission has re19 cently determined, under chapter 1 of title II of

20 the Trade Act of 1974, that the domestic indus21 try producing particular merchandise suffers

22 from or is threatened with serious injury by

23 reason of increased imports, the Commission

24 shall apply a rebuttable presumption that mate25 rial injury is ongoing for purposes of any 5-year
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1 review under section 751(c) involving the same

2 merchandise. The Commission shall not treat

3 the imposition of measures under chapter 1 of

4 title II of the Trade Act of 1974 resulting from

5 such an affirmative determination as reducing

6 the likelihood of continuation or recurrence of

7 material injury for purposes of the 5-year re8 view. For purposes of this subparagraph, ‘re9 cently’ means within the 48-month period end10 ing on the date on which the 5-year review is

11 initiated.

12 ‘‘(B) NEGATIVE SERIOUS INJURY DETER13 MINATIONS.—If the Commission has previously

14 determined, under chapter 1 of title II of the

15 Trade Act of 1974, that a domestic industry is

16 not suffering from or threatened with serious

17 injury by reason of increased imports, the Com18 mission shall treat that determination as having

19 no impact on the Commission’s determination

20 in a subsequent 5-year review under section

21 751(c) involving the same merchandise as to

22 whether material injury is likely to continue or

23 recur if an antidumping or countervailing duty

24 order is lifted.’’.
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1 SEC. 209. REIMBURSEMENT OF DUTIES.

2 Section 772(d) of the Tariff Act of 1930 (19 U.S.C.

3 1677a(d)) is amended—

4 (1) by striking ‘‘and’’ at the end of paragraph

5 (2);

6 (2) by striking the period at the end of para7 graph (3) and inserting a semicolon; and

8 (3) by adding at the end the following new

9 paragraphs:

10 ‘‘(4) if the importer is the producer or exporter,

11 or the importer and the producer or exporter are af12 filiated persons, an amount equal to the dumping

13 margin calculated under section 771(35)(A), unless

14 the producer or exporter is able to demonstrate that

15 the importer was in no way reimbursed for any anti16 dumping duties paid; and

17 ‘‘(5) if the importer is the producer or exporter,

18 or the importer and the producer or exporter are af19 filiated persons, an amount equal to the net

20 countervailable subsidy calculated under section

21 771(6), unless the producer or exporter is able to

22 demonstrate that the importer was in no way reim23 bursed for any antidumping duties paid.’’.

24 SEC. 210. TRANSACTIONS BETWEEN AFFILIATED PARTIES.

25 Section 773(f) of the Tariff Act of 1930 (19 U.S.C.

26 1677b(f)) is amended—
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1 (1) in paragraph (2), by striking ‘‘A trans2 action’’ and inserting ‘‘Regardless of whether the ad3 ministering authority determines to treat affiliated

4 persons as a single entity for other purposes, a

5 transaction’’; and

6 (2) in paragraph (3), by striking ‘‘If’’ and in7 serting ‘‘Regardless of whether the administering

8 authority determines to treat affiliated persons as a

9 single entity for other purposes, if’’.

10 SEC. 211. PERISHABLE AGRICULTURAL PRODUCTS.

11 (a) DEFINITION OF INDUSTRIES.—Section 771(4)(A)

12 of the Tariff Act of 1930 (19 U.S.C. 1677(4)(A)) is

13 amended by adding at the end the following: ‘‘If the Com14 mission determines that an agricultural product has a

15 short shelf life and is a perishable product, the Commis16 sion shall treat the producers of the product in a defined

17 period or season as the domestic industry. If the sub18 heading under the Harmonized Tariff Schedules of the

19 United States for an agricultural product has a 6- or 8-

20 digit classification based on the period of time during the

21 calendar year in which the product is harvested or im22 ported, such periods of time constitute a defined period

23 or season for purposes of this paragraph.’’.

24 (b) DETERMINATION OF INJURY.—Section

25 771(7)(D) of the Tariff Act of 1930 (19 U.S.C.
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1 1677(7)(D)) is amended by adding at the end the fol2 lowing new clauses:

3 ‘‘(iii) In the case of an agricultural in4 dustry involving a perishable product with

5 a short shelf life, if a request for seasonal

6 evaluation has been made by the peti7 tioners, the Commission shall consider the

8 factors in subparagraph (C) on a seasonal

9 basis during the period identified as rel10 evant.

11 ‘‘(iv) In the case of agricultural prod12 ucts, partially picked or unpicked crops

13 and abandoned acreage may be considered

14 in lieu of other measures of capacity and

15 capacity utilization.

16 ‘‘(v) The impact of other factors, such

17 as weather, on agricultural production and

18 producers shall not be weighed against the

19 contribution of the imported subject mer20 chandise to the condition of the domestic

21 industry.’’.
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1 SEC. 212. FULL RECOGNITION OF SUBSIDY CONFERRED

2 THROUGH PROVISION OF GOODS AND SERV3 ICES AND PURCHASE OF GOODS.

4 Section 771(5)(E) of the Tariff Act of 1930 (19

5 U.S.C. 1677(5)(E)) is amended by adding at the end the

6 following: ‘‘If transactions in the country which is the sub7 ject of the investigation or review do not reflect market

8 conditions due to government action associated with provi9 sion of the good or service or purchase of the goods, deter10 mination of the adequacy of remuneration shall be through

11 comparison with the most comparable market price else12 where in the world.’’.

13 TITLE III—STEEL IMPORT

14 NOTIFICATION

15 SEC. 301. STEEL IMPORT NOTIFICATION AND MONITORING

16 PROGRAM.

17 (a) IN GENERAL.—Not later than 30 days after the

18 date of the enactment of this Act, the Secretary of Com19 merce, in consultation with the Secretary of the Treasury,

20 shall establish and implement a steel import notification

21 and monitoring program. The program shall include a re22 quirement that any person importing a product classified

23 under chapter 72 or 73 of the Harmonized Tariff Schedule

24 of the United States obtain an import notification certifi25 cate before such products are entered into the United

26 States.
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1 (b) STEEL IMPORT NOTIFICATION CERTIFICATES.—

2 (1) IN GENERAL.—In order to obtain a steel

3 import notification certificate, an importer shall sub4 mit to the Secretary of Commerce an application

5 containing—

6 (A) the importer’s name and address;

7 (B) the name and address of the supplier

8 of the goods to be imported;

9 (C) the name and address of the producer

10 of the goods to be imported;

11 (D) the country of origin of the goods;

12 (E) the country from which the goods are

13 to be imported;

14 (F) the United States Customs port of

15 entry where the goods will be entered;

16 (G) the expected date of entry of the goods

17 into the United States;

18 (H) a description of the goods, including

19 the classification of such goods under the Har20 monized Tariff Schedule of the United States;

21 (I) the quantity (in kilograms and net

22 tons) of the goods to be imported;

23 (J) the cost insurance freight (CIF) and

24 free alongside ship (FAS) values of the goods to

25 be entered;
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1 (K) whether the goods are being entered

2 for consumption or for entry into a bonded

3 warehouse or foreign trade zone;

4 (L) a certification that the information

5 furnished in the certificate application is cor6 rect; and

7 (M) any other information the Secretary of

8 Commerce determines to be necessary and ap9 propriate.

10 (2) ENTRY INTO CUSTOMS TERRITORY.—In the

11 case of merchandise classified under chapter 72 or

12 73 of the Harmonized Tariff Schedule of the United

13 States that is initially entered into a bonded ware14 house or foreign trade zone, a steel import notifica15 tion certificate shall be required before the merchan16 dise is entered into the customs territory of the

17 United States.

18 (3) ISSUANCE OF STEEL IMPORT NOTIFICATION

19 CERTIFICATE.—The Secretary of Commerce shall

20 issue a steel import notification certificate to any

21 person who files an application that meets the re22 quirements of this section. Such certificate shall be

23 valid for a period of 30 days from the date of

24 issuance.

25 (c) STATISTICAL INFORMATION.—
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1 (1) IN GENERAL.—The Secretary of Commerce

2 shall compile and publish on a weekly basis informa3 tion described in paragraph (2).

4 (2) INFORMATION DESCRIBED.—Information

5 described in this paragraph means information ob6 tained from steel import notification certificate ap7 plications concerning steel imported into the United

8 States and includes with respect to such imports the

9 Harmonized Tariff Schedule of the United States

10 classification (to the tenth digit), the country of ori11 gin, the port of entry, quantity, value of steel im12 ported, and whether the imports are entered for con13 sumption or are entered into a bonded warehouse or

14 foreign trade zone. Such information shall also be

15 compiled in aggregate form and made publicly avail16 able by the Secretary of Commerce on a weekly basis

17 by public posting through an Internet website. The

18 information provided under this section shall be in

19 addition to any information otherwise required by

20 law.

21 (d) FEES.—The Secretary of Commerce may pre22 scribe reasonable fees and charges to defray the costs of

23 carrying out the provisions of this section, including a fee

24 for issuing a certificate under this section.
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1 (e) SINGLE PRODUCER AND EXPORTER COUN2 TRIES.—Notwithstanding any other provision of law, the

3 Secretary of Commerce shall make publicly available all

4 information required to be released pursuant to subsection

5 (c), including information obtained regarding imports

6 from a foreign producer or exporter that is the only pro7 ducer or exporter of goods subject to this section from a

8 foreign country.

9 (f) REGULATIONS.—The Secretary of Commerce may

10 prescribe such rules and regulations relating to the steel

11 import notification and monitoring program as may be

12 necessary to carry the provisions of this section.

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