II

106TH CONGRESS

1ST SESSION S. 1741

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

IN THE SENATE OF THE UNITED STATES

OCTOBER 15, 1999

Mr. DURBIN (for himself, Mr. ROCKEFELLER, Mr. BYRD, Mr. HOLLINGS, Mr.

HATCH, and Mr. SANTORUM) introduced the following bill; which was

read twice and referred to the Committee on Finance

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, the term ‘rapid’ means a change

13 of 10 percent or more from one calendar quarter to

14 the next, and the price decline and the increase in

15 imports need not be contemporaneous. In any case

16 in which this presumption does not apply, or in

17 which it applies but is rebutted, the Commission

18 shall conduct a threat of serious injury analysis as

19 if no such 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, the term

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

6 one calendar quarter to the next, and the price de7 cline and the increase in imports need not be con8 temporaneous. In any case in which this presump9 tion does not apply, or in which it applies but is re10 butted, the Commission shall conduct a critical cir11 cumstances analysis as if no such presumption ap12 plied.’’.

13 SEC. 104. INJURY FACTORS.

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

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

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

17 ‘‘(i) the rate and amount of the in18 crease in imports of the product concerned

19 in absolute and relative terms;

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

21 taken by increased imports;

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

23 ‘‘(iv) production;

24 ‘‘(v) productivity;

25 ‘‘(vi) capacity utilization;
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1 ‘‘(vii) profits and losses; and

2 ‘‘(viii) employment;’’.

3 TITLE II—AMENDMENTS TO

4 TITLE VII OF THE TARIFF ACT

5 OF 1930

6 SEC. 201. CAPTIVE PRODUCTION.

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

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

9 ‘‘(iv) CAPTIVE PRODUCTION.—If do10 mestic producers transfer internally, in11 cluding to affiliated persons as defined in

12 section 771(33), significant production of

13 the domestic like product for the produc14 tion of a downstream article and sell sig15 nificant production of the domestic like

16 product in the merchant market, then the

17 Commission, in determining market share

18 and the factors affecting financial perform19 ance set forth in clause (iii), shall focus on

20 the merchant market.’’.

21 SEC. 202. CUMULATION.

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

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

24 ‘‘(i) IN GENERAL.—For purposes of

25 clauses (i) and (ii) of subparagraph (C),
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1 and subject to clause (ii), the Commission

2 shall cumulatively assess the volume and

3 effect of imports of the subject merchan4 dise from all countries subject to petitions

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

6 subject to investigations initiated under

7 702(a) or 732(a), if such petitions were

8 filed, or such investigations were initiated,

9 within 90 days before the date on which

10 the Commission is required to make its

11 final injury determination, and if such im12 ports compete with each other and with

13 the domestic like products in the United

14 States market.’’.

15 SEC. 203. CAUSAL RELATIONSHIP BETWEEN IMPORTS AND

16 INJURY.

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

18 U.S.C. 1677(7)(C)), as amended by section 201, is amend19 ed by adding at the end the following new clause:

20 ‘‘(v) IMPORTS; BASIS FOR AFFIRMA21 TIVE DETERMINATION.—The Commission

22 shall not weigh against other factors the

23 injury caused by imports found by the ad24 ministering authority to be dumped or pro25 vided a countervailable subsidy. Rather, if
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1 the imports are a contributing cause of in2 jury to the domestic industry, the Commis3 sion shall make an affirmative determina4 tion, unless the injury caused by the im5 ports is inconsequential, immaterial, or un6 important.’’.

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

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

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

10 (iii) as clause (iv) and inserting after clause (ii) the fol11 lowing new clause:

12 ‘‘(iii) PRESUMPTION OF THREAT OF

13 MATERIAL INJURY.—Notwithstanding

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

15 finds that, at any time during the 12-

16 month period preceding the initiation of an

17 investigation, there has been a rapid de18 cline 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 domestic industry is threat23 ened with material injury by reason of

24 such imports. For purposes of this clause,

25 the term ‘rapid’ means a change of 10 per-
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1 cent or more from one calendar quarter to

2 the next, and the price decline and the in3 crease in imports need not be contempora4 neous. In any case in which this presump5 tion does not apply, or in which it applies

6 but is rebutted, the Commission shall con7 duct a threat of injury analysis as if no

8 such presumption applied.’’.

9 SEC. 205. PRESUMPTION OF CRITICAL CIRCUMSTANCES.

10 (a) INITIAL FINDING BY COMMISSION.—

11 (1) COUNTERVAILABLE SUBSIDY.—Section

12 703(a) of the Tariff Act of 1930 (19 U.S.C.

13 1671b(a)) is amended by adding at the end the fol14 lowing:

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

16 Any preliminary determination by the Commission

17 under this subsection shall include a determination

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

19 preceding the initiation of the investigation there has

20 been a rapid decline in domestic prices for the do21 mestic like product. For purposes of this paragraph,

22 the term ‘rapid’ means a change of 10 percent or

23 more from one calendar quarter to the next.’’.
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1 (2) DUMPING.—Section 733(a) of the Tariff

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

3 adding at the end the following:

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

5 Any preliminary determination by the Commission

6 under this subsection shall include a determination

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

8 preceding the initiation of the investigation there has

9 been a rapid decline in domestic prices for the do10 mestic like product. For purposes of this paragraph,

11 the term ‘rapid’ means a change of 10 percent or

12 more from one calendar quarter to the next.’’.

13 (b) COUNTERVAILING DUTY CASES.—

14 (1) PRELIMINARY DETERMINATIONS BY ADMIN15 ISTERING AUTHORITY.—Section 703(e) of the Tariff

16 Act of 1930 (19 U.S.C. 1671b(e)) is amended by re17 designating paragraph (2) as paragraph (3) and in18 serting after paragraph (1) the following:

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 para4 graph, the term ‘rapid’ means a change of 10 per5 cent or more from one calendar quarter to the next,

6 and the price decline and the increase in imports

7 need not be contemporaneous. In any case in which

8 this presumption does not apply, or in which it ap9 plies but is rebutted, the administering authority

10 shall conduct a critical circumstances analysis as if

11 no such presumption applied.’’.

12 (2) FINAL DETERMINATIONS BY ADMIN13 ISTERING AUTHORITY.—Section 705(a) of the Tariff

14 Act of 1930 (19 U.S.C. 1671d(a)) is amended by re15 designating paragraph (3) as paragraph (4) and in16 serting after paragraph (2) the following new para17 graph:

18 ‘‘(3) CRITICAL CIRCUMSTANCES DETERMINA19 TIONS; SPECIAL RULE.—Notwithstanding paragraph

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

21 703(a)(3) a rapid decline in domestic prices during

22 a 12-month period, and the administering authority

23 finds that a rapid increase in imports of the subject

24 merchandise occurred during the same 12-month pe25 riod, the administering authority shall apply a rebut-
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1 table presumption that critical circumstances exist

2 with respect to such imports. For purposes of this

3 paragraph, the term ‘rapid’ means a change of 10

4 percent or more from one calendar quarter to the

5 next, and the price decline and the increase in im6 ports need not be contemporaneous. In any case in

7 which this presumption does not apply, or in which

8 it applies but is rebutted, the administering author9 ity shall conduct a critical circumstances analysis as

10 if no such presumption applied.’’.

11 (3) FINAL DETERMINATIONS BY COMMISSION.—

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

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

14 after clause (ii) the following new clause:

15 ‘‘(iii) PRESUMPTION THAT STANDARD

16 FOR RETROACTIVE APPLICATION IS MET.—

17 Notwithstanding clause (ii), if the Commis18 sion determines that, at any time during

19 the 12-month period since the initiation of

20 the investigation, there has been a rapid

21 decline in domestic prices for the domestic

22 like product and a rapid increase in im23 ports of the subject merchandise, the Com24 mission shall apply a rebuttable presump25 tion that the imports subject to the affirm-
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1 ative determination under subsection (a)(2)

2 are likely to undermine seriously the reme3 dial effect of the countervailing duty order

4 to be issued under section 706. For pur5 poses of this clause, the term ‘rapid’ means

6 a change of 10 percent or more from one

7 calendar quarter to the next, and the price

8 decline and the increase in imports need

9 not be contemporaneous. In any case in

10 which this presumption does not apply, or

11 in which it applies but is rebutted, the

12 Commission shall conduct a critical cir13 cumstances analysis as if no such pre14 sumption applied.’’.

15 (c) ANTIDUMPING CASES.—

16 (1) PRELIMINARY DETERMINATIONS BY ADMIN17 ISTERING AUTHORITY.—Section 733(e) of the Tariff

18 Act of 1930 (19 U.S.C. 1673b(e)) is amended by re19 designating paragraph (2) as paragraph (3) and in20 serting after paragraph (1) the following new para21 graph:

22 ‘‘(2) PRESUMPTION OF CRITICAL CIR23 CUMSTANCES.—Notwithstanding paragraph (1), if

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

25 rapid decline in domestic prices during a 12-month
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1 period and the administering authority finds that a

2 rapid increase in imports of the subject merchandise

3 occurred during the same 12-month period, the ad4 ministering authority shall apply a rebuttable pre5 sumption that critical circumstances exist with re6 spect to such imports. For purposes of this para7 graph, the term ‘rapid’ means a change of 10 per8 cent or more from one calendar quarter to the next,

9 and the price decline and the increase in imports

10 need not be contemporaneous. In any case in which

11 this presumption does not apply, or in which it ap12 plies but is rebutted, the administering authority

13 shall conduct a critical circumstances analysis as if

14 no such presumption applied.’’.

15 (2) FINAL DETERMINATIONS BY ADMIN16 ISTERING AUTHORITY.—Section 735(a) of the Tariff

17 Act of 1930 (19 U.S.C. 1673d(a)) is amended by re18 designating paragraph (4) as paragraph (5) and in19 serting after paragraph (3) the following:

20 ‘‘(4) CRITICAL CIRCUMSTANCES DETERMINA21 TIONS; SPECIAL RULE.—Notwithstanding paragraph

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

23 733(a)(3) a rapid decline in domestic prices during

24 a 12-month period, and the administering authority

25 finds that a rapid increase in imports of the subject
15

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1 merchandise occurred during the same 12-month pe2 riod, the administering authority shall apply a rebut3 table presumption that critical circumstances exist

4 with respect to such imports. For purposes of this

5 paragraph, the term ‘rapid’ means a change of 10

6 percent or more from one calendar quarter to the

7 next, and the price decline and the increase in im8 ports need not be contemporaneous. In any case in

9 which this presumption does not apply, or in which

10 it applies but is rebutted, the administering author11 ity shall conduct a critical circumstances analysis as

12 if no such presumption applied.’’.

13 (3) FINAL DETERMINATIONS BY COMMISSION.—

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

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

16 clause (ii) the following:

17 ‘‘(iii) PRESUMPTION THAT STANDARD

18 FOR RETROACTIVE APPLICATION IS MET.—

19 Notwithstanding clause (ii), if the Commis20 sion determines that, at any time during

21 the 12-month period since the initiation of

22 the investigation, there has been a rapid

23 decline in domestic prices for the domestic

24 like product and a rapid increase in im25 ports of the subject merchandise, the Com-
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1 mission shall apply a rebuttable presump2 tion that the imports subject to the affirm3 ative determination under subsection (a)(3)

4 are likely to undermine seriously the reme5 dial effect of the antidumping duty order

6 to be issued under section 736. For pur7 poses of this clause, the term ‘rapid’ means

8 a change of 10 percent or more from one

9 calendar quarter to the next, and the price

10 decline and the increase in imports need

11 not be contemporaneous. In any case in

12 which this presumption does not apply, or

13 in which it applies but is rebutted, the

14 Commission shall conduct a critical cir15 cumstances analysis as if no such pre16 sumption applied.’’.

17 SEC. 206. PREVENTION OF CIRCUMVENTION.

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

19 1677j(c)) is amended to read as follows:

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

21 class or kind of merchandise subject to—

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

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

24 section 736,
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1 ‘‘(3) a finding issued under the Antidumping

2 Act, 1921, or

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

4 section 706 or section 303,

5 shall include articles whose form or appearance has been

6 altered in minor respects by changes in production process

7 (including raw agricultural products that have undergone

8 minor processing), regardless of any change in tariff clas9 sification and regardless of whether the merchandise de10 scription used in the investigation, order, or finding would

11 otherwise exclude the altered article.’’.

12 SEC. 207. DOMESTIC INDUSTRY SUPPORT FOR SUSPENSION

13 AGREEMENTS.

14 (a) COUNTERVAILING DUTY CASES.—Section 704(d)

15 of the Tariff Act of 1930 (19 U.S.C. 1671c(d)(1)) is

16 amended—

17 (1) in paragraph (1)—

18 (A) by striking ‘‘and’’ at the end of sub19 paragraph (A);

20 (B) by striking the period at the end of

21 subparagraph (B), and inserting ‘‘, and’’; and

22 (C) by inserting after subparagraph (B)

23 the following new subparagraph:

24 ‘‘(C) the domestic producers or workers

25 who support the agreement account for more
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1 than 50 percent of the production of the domes2 tic like product produced by those expressing an

3 opinion on the agreement.’’; and

4 (2) by adding at the end the following new

5 paragraph:

6 ‘‘(4) SPECIAL RULES RELATING TO DOMESTIC

7 PRODUCER AND WORKER SUPPORT.—

8 ‘‘(A) DETERMINATION OF INDUSTRY SUP9 PORT.—

10 ‘‘(i) CERTAIN POSITIONS DIS11 REGARDED.—

12 ‘‘(I) PRODUCERS RELATED TO

13 FOREIGN PRODUCERS.—In deter14 mining industry support under para15 graph (1)(C), the administering au16 thority shall disregard the position of

17 domestic producers who support the

18 agreement, if such producers are re19 lated to foreign producers, as defined

20 in section 771(4)(B)(ii), unless such

21 domestic producers demonstrate that

22 their interests as domestic producers

23 would be adversely affected if the

24 agreement is not accepted.
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1 ‘‘(II) PRODUCERS WHO ARE IM2 PORTERS.—The administering author3 ity may disregard the position of do4 mestic producers of a domestic like

5 product who are importers of the sub6 ject merchandise.

7 ‘‘(ii) SPECIAL RULE FOR REGIONAL

8 INDUSTRIES.—If the petition which led to

9 the proposed suspension agreement alleges

10 that the industry is a regional industry,

11 the administering authority shall determine

12 whether the agreement is supported by or

13 on behalf of the industry by applying para14 graph (1)(C) on the basis of production in

15 the region.

16 ‘‘(B) NATIONAL SECURITY EXCEPTION.—

17 In any case in which the administering author18 ity determines that the domestic producers or

19 workers who support the agreement do not ac20 count for more than 50 percent of the produc21 tion of the domestic like product produced by

22 those expressing an opinion on the agreement,

23 the administering authority may accept the

24 agreement, notwithstanding the provisions of

25 paragraph (1)(C), if the President determines
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1 and certifies to the administering authority that

2 failure to accept the agreement would under3 mine the national security interests of the

4 United States or pose an extraordinary threat

5 to the economy of the United States.’’.

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

7 the Tariff Act of 1930 (19 U.S.C. 1673c(d)) is amended—

8 (1) by redesignating paragraphs (1) and (2) as

9 subparagraphs (A) and (B), respectively;

10 (2) by striking ‘‘The administering authority’’

11 and inserting:

12 ‘‘(1) IN GENERAL.—The administering author13 ity’’;

14 (3) by striking ‘‘and’’ at the end of subpara15 graph (A), as redesignated;

16 (4) by striking the period at the end of sub17 paragraph (B), as redesignated, and inserting ‘‘,

18 and’’;

19 (5) by inserting after subparagraph (B), as re20 designated, the following new subparagraph:

21 ‘‘(C) the domestic producers or workers

22 who support the agreement account for more

23 than 50 percent of the production of the domes24 tic like product produced by those expressing an

25 opinion on the agreement.’’; and
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1 (6) by adding at the end the following new

2 paragraph:

3 ‘‘(2) SPECIAL RULES RELATING TO DOMESTIC

4 PRODUCER AND WORKER SUPPORT.—

5 ‘‘(A) DETERMINATION OF INDUSTRY SUP6 PORT.—

7 ‘‘(i) CERTAIN POSITIONS DIS8 REGARDED.—

9 ‘‘(I) PRODUCERS RELATED TO

10 FOREIGN PRODUCERS.—In deter11 mining domestic producer or worker

12 support for purposes of paragraph

13 (1)(C), the administering authority

14 shall disregard the position of domes15 tic producers who support the agree16 ment, if such producers are related to

17 foreign producers, as defined in sec18 tion 771(4)(B)(ii), unless such domes19 tic producers demonstrate that their

20 interests as domestic producers would

21 be adversely affected if the agreement

22 is not accepted.

23 ‘‘(II) PRODUCERS WHO ARE IM24 PORTERS.—The administering author25 ity may disregard the position of do-
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1 mestic producers of a domestic like

2 product who are importers of the sub3 ject merchandise.

4 ‘‘(ii) SPECIAL RULE FOR REGIONAL

5 INDUSTRIES.—If the petition which led to

6 the proposed suspension agreement alleges

7 the industry is a regional industry, the ad8 ministering authority shall determine

9 whether the agreement is supported by or

10 on behalf of the industry by applying para11 graph (1)(C) on the basis of production in

12 the region.

13 ‘‘(B) NATIONAL SECURITY EXCEPTION.—

14 In any case in which the administering author15 ity determines that the domestic producers or

16 workers who support the agreement do not ac17 count for more than 50 percent of the produc18 tion of the domestic like product produced by

19 those expressing an opinion on the agreement,

20 the administering authority may accept the

21 agreement, notwithstanding the provisions of

22 paragraph (1)(C), if the President determines

23 and certifies to the administering authority that

24 failure to accept the agreement would under25 mine the national security interests of the
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1 United States or pose an extraordinary threat

2 to the economy of the United States.’’.

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

4 YEAR REVIEW DETERMINATIONS.

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

6 1675a(a)) is amended by adding at the end the following

7 new paragraph:

8 ‘‘(9) IMPACT OF PRIOR SERIOUS INJURY DE9 TERMINATIONS.—

10 ‘‘(A) AFFIRMATIVE SERIOUS INJURY DE11 TERMINATIONS.—If the Commission has re12 cently determined, under chapter 1 of title II of

13 the Trade Act of 1974, that the domestic indus14 try producing particular merchandise suffers

15 from or is threatened with serious injury by

16 reason of increased imports, the Commission

17 shall apply a rebuttable presumption that mate18 rial injury is ongoing for purposes of any 5-year

19 review under section 751(c) involving the same

20 merchandise. The Commission shall not treat

21 the imposition of measures under chapter 1 of

22 title II of the Trade Act of 1974 resulting from

23 such an affirmative determination as reducing

24 the likelihood of continuation or recurrence of

25 material injury for purposes of the 5-year re-
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1 view. For purposes of this subparagraph, the

2 term ‘recently’ means within the 48-month pe3 riod ending on the date on which the 5-year re4 view is initiated.

5 ‘‘(B) NEGATIVE SERIOUS INJURY DETER6 MINATIONS.—If the Commission has previously

7 determined, under chapter 1 of title II of the

8 Trade Act of 1974, that a domestic industry is

9 not suffering from or threatened with serious

10 injury by reason of increased imports, the Com11 mission shall treat that determination as having

12 no impact on the Commission’s determination

13 in a subsequent 5-year review under section

14 751(c) involving the same merchandise as to

15 whether material injury is likely to continue or

16 recur if an antidumping or countervailing duty

17 order is lifted.’’.

18 SEC. 209. REIMBURSEMENT OF DUTIES.

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

20 1677a(d)) is amended—

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

22 (2);

23 (2) by striking the period at the end of para24 graph (3) and inserting a semicolon; and
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1 (3) by adding at the end the following new

2 paragraphs:

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

4 or the importer and the producer or exporter are af5 filiated persons, an amount equal to the dumping

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

7 the producer or exporter is able to demonstrate that

8 the importer was in no way reimbursed for any anti9 dumping duties paid; and

10 ‘‘(5) 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 net

13 countervailable subsidy calculated under section

14 771(6), unless the producer or exporter is able to

15 demonstrate that the importer was in no way reim16 bursed for any antidumping duties paid.’’.

17 SEC. 210. TRANSACTIONS BETWEEN AFFILIATED PARTIES.

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

19 1677b(f)) is amended—

20 (1) in paragraph (2), by striking ‘‘A trans21 action’’ and inserting ‘‘Regardless of whether the ad22 ministering authority determines to treat affiliated

23 persons as a single entity for other purposes, a

24 transaction’’; and
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1 (2) in paragraph (3), by striking ‘‘If’’ and in2 serting ‘‘Regardless of whether the administering

3 authority determines to treat affiliated persons as a

4 single entity for other purposes, if’’.

5 SEC. 211. PERISHABLE AGRICULTURAL PRODUCTS.

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

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

8 amended by adding at the end the following: ‘‘If the Com9 mission determines that an agricultural product has a

10 short shelf life and is a perishable product, the Commis11 sion shall treat the producers of the product in a defined

12 period or season as the domestic industry. If the sub13 heading under the Harmonized Tariff Schedule of the

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

15 digit classification based on the period of time during the

16 calendar year in which the product is harvested or im17 ported, such periods of time constitute a defined period

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

19 (b) DETERMINATION OF INJURY.—Section

20 771(7)(D) of the Tariff Act of 1930 (19 U.S.C.

21 1677(7)(D)) is amended by adding at the end the fol22 lowing new clauses:

23 ‘‘(iii) In the case of an agricultural in24 dustry involving a perishable product with

25 a short shelf life, if a request for seasonal
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1 evaluation has been made by the peti2 tioners, the Commission shall consider the

3 factors in subparagraph (C) on a seasonal

4 basis during the period identified as rel5 evant.

6 ‘‘(iv) In the case of agricultural prod7 ucts, partially picked or unpicked crops

8 and abandoned acreage may be considered

9 in lieu of other measures of capacity and

10 capacity utilization.

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

12 as weather, on agricultural production and

13 producers shall not be weighed against the

14 contribution of the imported subject mer15 chandise to the condition of the domestic

16 industry.’’.

17 SEC. 212. FULL RECOGNITION OF SUBSIDY CONFERRED

18 THROUGH PROVISION OF GOODS AND SERV19 ICES AND PURCHASE OF GOODS.

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

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

22 following: ‘‘If transactions in the country which is the sub23 ject of the investigation or review do not reflect market

24 conditions due to government action associated with provi25 sion of the goods or service or purchase of the goods, de-
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1 termination of the adequacy of remuneration shall be

2 through comparison with the most comparable market

3 price elsewhere in the world.’’.

4 TITLE III—STEEL IMPORT

5 NOTIFICATION

6 SEC. 301. STEEL IMPORT NOTIFICATION AND MONITORING

7 PROGRAM.

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

9 date of enactment of this Act, the Secretary of Commerce,

10 in consultation with the Secretary of the Treasury, shall

11 establish and implement a steel import notification and

12 monitoring program. The program shall include a require13 ment that any person importing a product classified under

14 chapter 72 or 73 of the Harmonized Tariff Schedule of

15 the United States obtain an import notification certificate

16 before such products are entered into the United States.

17 (b) STEEL IMPORT NOTIFICATION CERTIFICATES.—

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

19 import notification certificate, an importer shall sub20 mit to the Secretary of Commerce an application

21 containing—

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

23 (B) the name and address of the supplier

24 of the goods to be imported;
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1 (C) the name and address of the producer

2 of the goods to be imported;

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

4 (E) the country from which the goods are

5 to be imported;

6 (F) the United States Customs port of

7 entry where the goods will be entered;

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

9 into the United States;

10 (H) a description of the goods, including

11 the classification of such goods under the Har12 monized Tariff Schedule of the United States;

13 (I) the quantity (in kilograms and net

14 tons) of the goods to be imported;

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

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

17 be entered;

18 (K) whether the goods are being entered

19 for consumption or for entry into a bonded

20 warehouse or foreign trade zone;

21 (L) a certification that the information

22 furnished in the certificate application is cor23 rect; and
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1 (M) any other information the Secretary of

2 Commerce determines to be necessary and ap3 propriate.

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

5 case of merchandise classified under chapter 72 or

6 73 of the Harmonized Tariff Schedule of the United

7 States that is initially entered into a bonded ware8 house or foreign trade zone, a steel import notifica9 tion certificate shall be required before the merchan10 dise is entered into the customs territory of the

11 United States.

12 (3) ISSUANCE OF STEEL IMPORT NOTIFICATION

13 CERTIFICATE.—The Secretary of Commerce shall

14 issue a steel import notification certificate to any

15 person who files an application that meets the re16 quirements of this section. Such certificate shall be

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

18 issuance.

19 (c) STATISTICAL INFORMATION.—

20 (1) IN GENERAL.—The Secretary of Commerce

21 shall compile and publish on a weekly basis informa22 tion described in paragraph (2).

23 (2) INFORMATION DESCRIBED.—Information

24 described in this paragraph means information ob25 tained from steel import notification certificate ap-
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1 plications concerning steel imported into the United

2 States and includes with respect to such imports the

3 Harmonized Tariff Schedule of the United States

4 classification (to the tenth digit), the country of ori5 gin, the port of entry, quantity, value of steel im6 ported, and whether the imports are entered for con7 sumption or are entered into a bonded warehouse or

8 foreign trade zone. Such information shall also be

9 compiled in aggregate form and made publicly avail10 able by the Secretary of Commerce on a weekly basis

11 by public posting through an Internet website. The

12 information provided under this section shall be in

13 addition to any information otherwise required by

14 law.

15 (d) FEES.—The Secretary of Commerce may pre16 scribe reasonable fees and charges to defray the costs of

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

18 for issuing a certificate under this section.

19 (e) SINGLE PRODUCER AND EXPORTER COUN20 TRIES.—Notwithstanding any other provision of law, the

21 Secretary of Commerce shall make publicly available all

22 information required to be released pursuant to subsection

23 (c), including information obtained regarding imports

24 from a foreign producer or exporter that is the only pro-
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1 ducer or exporter of goods subject to this section from a

2 foreign country.

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

4 prescribe such rules and regulations relating to the steel

5 import notification and monitoring program as may be

6 necessary to carry out the provisions of this section.

Æ