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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6121 Introduced in House (IH)]

<DOC>

117th CONGRESS
  1st Session
                                H. R. 6121

 To improve the administration of antidumping and countervailing duty 
                                 laws.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            December 2, 2021

    Ms. Sewell (for herself and Mr. Johnson of Ohio) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To improve the administration of antidumping and countervailing duty 
                                 laws.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Eliminating Global 
Market Distortions to Protect American Jobs Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
                   TITLE I--SUCCESSIVE INVESTIGATIONS

Sec. 101. Establishment of special rules for determination of material 
                            injury in the case of successive 
                            antidumping and countervailing duty 
                            investigations.
Sec. 102. Initiation of successive antidumping and countervailing duty 
                            investigations.
Sec. 103. Issuance of determinations with respect to successive 
                            antidumping and countervailing duty 
                            investigations.
               TITLE II--RESPONDING TO MARKET DISTORTIONS

Sec. 201. Addressing cross-border subsidies in countervailing duty 
                            investigations.
Sec. 202. Modification of definition of ordinary course of trade to 
                            specify that an insufficient quantity of 
                            foreign like products constitutes a 
                            situation outside the ordinary course of 
                            trade.
Sec. 203. Modification of adjustments to export price and constructed 
                            export price with respect to duty drawback.
Sec. 204. Modification of determination of constructed value to include 
                            distortions of costs that occur in foreign 
                            countries.
Sec. 205. Special rules for calculation of cost of production and 
                            constructed value to address distorted 
                            costs.
                  TITLE III--PREVENTING CIRCUMVENTION

Sec. 301. Modification of requirements in circumvention inquiries.
Sec. 302. Requirement of provision by importer of certification by 
                            importer or other party.
Sec. 303. Clarification of authority for Department of Commerce 
                            regarding determinations of class or kind 
                            of merchandise.
Sec. 304. Asset requirements applicable to nonresident importers.
              TITLE IV--COUNTERING CURRENCY UNDERVALUATION

Sec. 401. Investigation or review of currency undervaluation under 
                            countervailing duty law.
Sec. 402. Determination of benefit with respect to currency 
                            undervaluation.
                    TITLE V--PREVENTING DUTY EVASION

Sec. 501. Limitation on protest against decisions of U.S. Customs and 
                            Border Protection of claims of evasion of 
                            antidumping and countervailing duty orders.
Sec. 502. Procedures for investigating claims of evasion of safeguard 
                            actions.
Sec. 503. Application of provisions relating to certain proprietary 
                            information.
                      TITLE VI--GENERAL PROVISIONS

Sec. 601. Application to Canada and Mexico.
Sec. 602. Repeal of the Softwood Lumber Act of 2008.
Sec. 603. Effective date.

                   TITLE I--SUCCESSIVE INVESTIGATIONS

SEC. 101. ESTABLISHMENT OF SPECIAL RULES FOR DETERMINATION OF MATERIAL 
              INJURY IN THE CASE OF SUCCESSIVE ANTIDUMPING AND 
              COUNTERVAILING DUTY INVESTIGATIONS.

    (a) In General.--Section 771(7) of the Tariff Act of 1930 (19 
U.S.C. 1677(7)) is amended--
            (1) by redesignating subparagraphs (E) through (J) as 
        subparagraphs (F) through (K), respectively;
            (2) in subparagraph (I), as redesignated by paragraph (1)--
                    (A) by striking ``subparagraph (G)(ii)'' and 
                inserting ``subparagraph (H)(ii)''; and
                    (B) by striking ``subparagraph (F)'' and inserting 
                ``subparagraph (G)''; and
            (3) by inserting after subparagraph (D) the following:
                    ``(E) Special rules for successive 
                investigations.--
                            ``(i) In general.--
                                    ``(I) Evaluation of impact on 
                                domestic industry.--In evaluating the 
                                impact of imports of the merchandise on 
                                producers of domestic like products 
                                under subparagraph (C)(iii), the 
                                Commission shall--
                                            ``(aa) consider the 
                                        condition of the domestic 
                                        industry as found in a recently 
                                        completed investigation;
                                            ``(bb) consider the effect 
                                        of a concurrent investigation 
                                        or recently completed 
                                        investigation on trade and the 
                                        financial performance of the 
                                        domestic industry; and
                                            ``(cc) take into account 
                                        the considerations described in 
                                        items (aa) and (bb), include in 
                                        the record any prior injury 
                                        determinations by the 
                                        Commission with respect to 
                                        imports of the merchandise.
                                    ``(II) Effect of recent improvement 
                                on material injury determination.--For 
                                the purposes of this subparagraph, the 
                                Commission may not find that there is 
                                no material injury or threat of 
                                material injury to a domestic industry 
                                solely based on recent improvements in 
                                the industry's performance, such as an 
                                increase in sales, market share, or 
                                profitability of domestic producers, 
                                that are related to relief granted 
                                pursuant to a concurrent investigation 
                                or recently completed investigation.
                            ``(ii) Retroactive application of final 
                        determination.--In making any finding under 
                        section 705(b)(4)(A) or 735(b)(4)(A) in a 
                        successive investigation, the Commission shall 
                        determine that a concurrent investigation or 
                        recently completed investigation contributes to 
                        the likelihood that the remedial effect of the 
                        countervailing duty order to be issued under 
                        section 706 or the antidumping duty order to be 
                        issued under section 736 will be seriously 
                        undermined.''.
    (b) Definitions.--Section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended by adding at the end the following:
            ``(37) Treatment of successive investigations.--For 
        purposes of sections 702(f), 732(f), and 784, as well as 
        paragraph (7)(E) of this section:
                    ``(A) Concurrent investigation.--The term 
                `concurrent investigation' means an ongoing 
                investigation in which an affirmative determination 
                under section 703(a) or 733(a) has been made by the 
                Commission with respect to imports of a same class or 
                kind of merchandise that are the same or similar to 
                imports of a same class or kind of merchandise from 
                another country that are the subject of a successive 
                investigation.
                    ``(B) Recently completed investigation.--The term 
                `recently completed investigation' means a completed 
                investigation in which an affirmative determination 
                under section 705(b) or 735(b) was issued by the 
                Commission with respect to imports of a class or kind 
                of merchandise that are the same or similar to imports 
                of a class or kind of merchandise from another country 
                that are the subject of a successive investigation not 
                more than 2 years before the date of initiation of the 
                successive investigation.
                    ``(C) Successive investigation.--The term 
                `successive investigation' means an investigation that 
                has been initiated by the administering authority 
                following a petition filed pursuant to section 702(f) 
                or 732(f).''.

SEC. 102. INITIATION OF SUCCESSIVE ANTIDUMPING AND COUNTERVAILING DUTY 
              INVESTIGATIONS.

    (a) Countervailing Duty Investigation.--Section 702 of the Tariff 
Act of 1930 (19 U.S.C. 1671a) is amended by adding at the end the 
following:
    ``(f) Initiation by Administering Authority of Successive 
Countervailing Duty Investigation.--A successive investigation shall be 
initiated--
            ``(1) under subsection (a), if--
                    ``(A) the requirements under that subsection are 
                met with respect to imports of a class or kind of 
                merchandise; and
                    ``(B) imports of the same or similar class or kind 
                of merchandise from another country are or have been 
                the subject of a concurrent investigation or recently 
                completed investigation; or
            ``(2) under subsection (b), if--
                    ``(A) the determinations under clauses (i) and (ii) 
                of subsection (c)(1)(A) are affirmative with respect to 
                imports of a class or kind of merchandise; and
                    ``(B) imports of the same or similar class or kind 
                of merchandise from another country are or have been 
                the subject of a concurrent investigation or recently 
                completed investigation.''.
    (b) Antidumping Duty Investigation.--Section 732 of the Tariff Act 
of 1930 (19 U.S.C. 1673a) is amended by adding at the end the 
following:
    ``(f) Initiation by Administering Authority of Successive 
Antidumping Duty Investigation.--A successive investigation shall be 
initiated--
            ``(1) under subsection (a), if--
                    ``(A) the requirements under that subsection are 
                met with respect to imports of a class or kind of 
                merchandise; and
                    ``(B) imports of the same or similar class or kind 
                of merchandise from another country are or have been 
                the subject of a concurrent investigation or recently 
                completed investigation; or
            ``(2) under subsection (b), if--
                    ``(A) the determinations under clauses (i) and (ii) 
                of subsection (c)(1)(A) are affirmative with respect to 
                imports of a class or kind of merchandise; and
                    ``(B) imports of the same or similar class or kind 
                of merchandise from another country are or have been 
                the subject of a concurrent investigation or recently 
                completed investigation.''.

SEC. 103. ISSUANCE OF DETERMINATIONS WITH RESPECT TO SUCCESSIVE 
              ANTIDUMPING AND COUNTERVAILING DUTY INVESTIGATIONS.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.) is amended by adding at the end the following:

``SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE INVESTIGATIONS.

    ``(a) In General.--Notwithstanding any other provision of this 
title, the administering authority--
            ``(1) with respect to a successive investigation under 
        section 702(f)--
                    ``(A) shall issue a preliminary determination under 
                section 703(b) not later than 85 days after initiating 
                the investigation;
                    ``(B) may not postpone under section 703(c) such 
                deadline for the issuance of a preliminary 
                determination unless requested by the petitioner;
                    ``(C) shall obtain the information required for a 
                determination under section 703(e);
                    ``(D) shall make a determination under section 
                703(e) with respect to the investigation;
                    ``(E) shall issue a final determination under 
                section 705(a) not later than 75 days after issuing the 
                preliminary determination under subparagraph (A); and
                    ``(F) shall extend the date of the final 
                determination under section 705(a) if requested by the 
                petitioner; and
            ``(2) with respect to a successive investigation under 
        section 732(f)--
                    ``(A) shall issue a preliminary determination under 
                section 733(b) not later than 140 days after initiating 
                the investigation;
                    ``(B) may not postpone under section 733(c) such 
                deadline for the issuance of a preliminary 
                determination unless requested by the petitioner;
                    ``(C) shall obtain the information required for a 
                determination under section 733(e);
                    ``(D) shall make a determination under section 
                733(e) with respect to the investigation;
                    ``(E) shall issue a final determination under 
                section 735(a) not later than 75 days after issuing the 
                preliminary determination under subparagraph (A); and
                    ``(F) may extend the date of the final 
                determination under section 735(a)(2).''.
    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930 is amended by inserting after the item relating to section 783 
the following:

``Sec. 784. Determinations relating to successive investigations.''.

               TITLE II--RESPONDING TO MARKET DISTORTIONS

SEC. 201. ADDRESSING CROSS-BORDER SUBSIDIES IN COUNTERVAILING DUTY 
              INVESTIGATIONS.

    (a) In General.--Section 701(d) of the Tariff Act of 1930 (19 
U.S.C. 1671(d)) is amended--
            (1) in the subsection heading, by striking ``International 
        Consortia'' and inserting ``Special Rules'';
            (2) by striking ``For purposes'' and inserting the 
        following:
            ``(1) International consortia and multinational 
        corporations.--For purposes'';
            (3) in paragraph (1), as so designated, by inserting after 
        ``in their respective home countries,'' the following: ``or 
        multinational corporations that are engaged in the production 
        of subject merchandise receive countervailable subsidies to 
        assist, permit, or otherwise enable their production or 
        manufacturing operations in the country in which the class or 
        kind of merchandise is produced, exported, or sold (or likely 
        to be sold) for importation into the United States,''; and
            (4) by adding at the end the following:
            ``(2) Transnational subsidies.--
                    ``(A) In general.--For purposes of this subtitle, 
                if there is a countervailable subsidy conferred by a 
                government of a country or any public entity within the 
                territory of a country that is not the country in which 
                the class or kind of merchandise is produced, exported, 
                or sold (or likely to be sold) for importation into the 
                United States and the government of the country or any 
                public entity within the territory of the country in 
                which the class or kind of merchandise is produced, 
                exported, or sold (or likely to be sold) for 
                importation into the United States (hereafter in this 
                subparagraph referred to as the `subject merchandise 
                country') facilitates the provision of such subsidy, 
                then the administering authority shall treat the 
                subsidy as having been provided by the government of 
                the subject merchandise country or a public entity 
                within the territory of the subject merchandise country 
                and shall cumulate all such countervailable subsidies, 
                as well as countervailable subsidies provided directly 
                or indirectly by the government or any public entity 
                within the territory of the subject merchandise 
                country.
                    ``(B) Application.--This paragraph shall be applied 
                in a manner consistent with the international 
                obligations of the United States.''.
    (b) Definitions.--Subtitle D of title VII of the Tariff Act of 1930 
is amended as follows:
            (1) In section 771 (19 U.S.C. 1677)--
                    (A) in paragraph (5A)--
                            (i) in subparagraph (A), by striking 
                        ``pursuant to subparagraph (D)'' and inserting 
                        ``pursuant to subparagraph (E)'';
                            (ii) by redesignating subparagraph (D) as 
                        subparagraph (E); and
                            (iii) by inserting after subparagraph (C) 
                        the following:
                    ``(D) Transnational subsidy.--In determining 
                whether a transnational subsidy, including subsidies 
                described in subparagraph (B) or (C) is a specific 
                subsidy, in law or in fact, the administering authority 
                shall examine the subsidy practice of the government or 
                public entity that conferred the subsidy.'';
                    (B) in paragraph (9)--
                            (i) in subparagraph (F), by striking 
                        ``and'' at the end;
                            (ii) in subparagraph (G), by striking the 
                        period at the end and inserting ``and''; and
                            (iii) by adding at the end the following:
                    ``(H) in any investigation under subtitle A 
                involving a transnational subsidy, the government of 
                the country that confers the transnational subsidy.''; 
                and
                    (C) by adding at the end the following:
            ``(37) Transnational subsidy.--The term `transnational 
        subsidy', with respect to subject merchandise, means a subsidy 
        conferred by a country that is not the country in which the 
        class or kind of merchandise is produced, exported, or sold (or 
        likely to be sold) for importation into the United States to 
        the producer, exporter, or supplier of the producer or 
        exporter, of the subject merchandise.
            ``(38) Multinational corporation.--The term `multinational 
        corporation' means a person, firm, or corporation which owns or 
        controls, directly or indirectly, facilities for the production 
        of subject merchandise in two or more foreign countries.''.
            (2) In section 771A(a)(1), by striking ``in the same 
        country as the authority''.

SEC. 202. MODIFICATION OF DEFINITION OF ORDINARY COURSE OF TRADE TO 
              SPECIFY THAT AN INSUFFICIENT QUANTITY OF FOREIGN LIKE 
              PRODUCTS CONSTITUTES A SITUATION OUTSIDE THE ORDINARY 
              COURSE OF TRADE.

    Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is 
amended by adding at the end the following:
                    ``(D) Situations in which the quantity of a foreign 
                like product selected for comparison under paragraph 
                (16) is insufficient to establish that the conditions 
                and practices associated with such sales have been 
                normal in the trade under consideration for a 
                reasonable period of time prior to the exportation of 
                the subject merchandise, and permit a proper comparison 
                to the export price or constructed export price.''.

SEC. 203. MODIFICATION OF ADJUSTMENTS TO EXPORT PRICE AND CONSTRUCTED 
              EXPORT PRICE WITH RESPECT TO DUTY DRAWBACK.

    Section 772(c)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 
1677a(c)(1)(B)) is amended--
            (1) by striking ``any''; and
            (2) by inserting after ``United States'' the following: ``, 
        but that amount shall not exceed the per unit amount of such 
        duties contained in the weighted average cost of production''.

SEC. 204. MODIFICATION OF DETERMINATION OF CONSTRUCTED VALUE TO INCLUDE 
              DISTORTIONS OF COSTS THAT OCCUR IN FOREIGN COUNTRIES.

    (a) In General.--Section 773(b)(3) of the Tariff Act of 1930 (19 
U.S.C. 1677b(b)(3)) is amended--
            (1) in subparagraph (A), by striking ``business'' and 
        inserting ``trade''; and
            (2) in the matter following subparagraph (C), by inserting 
        before ``For purposes'' the following: ``For purposes of 
        subparagraph (A), if a particular market situation exists such 
        that the cost of materials and fabrication or other processing 
        of any kind does not accurately reflect the cost of production 
        in the ordinary course of trade, the administering authority 
        may use another calculation methodology under this subtitle or 
        any other calculation methodology.''.
    (b) Modification of Definition of Ordinary Course of Trade To 
Include Adjusted Costs.--Section 771(15)(C) of the Tariff Act of 1930 
(19 U.S.C. 1677(15)(C)) is amended--
            (1) by striking ``that the particular market situation 
        prevents'' and inserting ``that a particular market situation 
        exists that--
                            ``(i) prevents'';
            (2) in clause (i), as designated by paragraph (1), by 
        striking the period at the end and inserting ``, relating to 
        normal value determined under subsection (a) of section 773; 
        or''; and
            (3) by adding at the end the following:
                            ``(ii) distorts certain costs of 
                        production, relating to normal value determined 
                        under subsections (b) and (e) of section 
                        773.''.

SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF PRODUCTION AND 
              CONSTRUCTED VALUE TO ADDRESS DISTORTED COSTS.

    (a) In General.--Section 773(f)(3) of the Tariff Act of 1930 (19 
U.S.C. 1677b(f)(3)) is amended--
            (1) by striking ``(3) Major input rule.--If'' inserting the 
        following:
            ``(3) Major input rule.--
                    ``(A) In general.--If''; and
            (2) by adding at the end of the following:
                    ``(B) Major inputs from certain unaffiliated 
                persons.--
                            ``(i) In general.--In the case of a 
                        transaction between the exporter or producer of 
                        the merchandise and any unaffiliated persons 
                        described in clause (ii) involving a major 
                        input to the merchandise, the administering 
                        authority may value such major input based on 
                        the information available as to what the amount 
                        would have been if the transaction had occurred 
                        between the exporter or producer of the 
                        merchandise and any unaffiliated persons other 
                        than unaffiliated persons described in clause 
                        (ii), if such amount is greater than that 
                        reflected in the records of the exporter or 
                        producer of the merchandise.
                            ``(ii) Unaffiliated persons described.--
                        Unaffiliated persons described in this clause 
                        include--
                                    ``(I) any person in a nonmarket 
                                economy country;
                                    ``(II) any producer, exporter, or 
                                supplier of the input described in 
                                clause (i) found by the administering 
                                authority, or by any investigating 
                                authority of a third country, to be 
                                receiving a subsidy pertaining to an 
                                identical or comparable input in the 
                                respective country;
                                    ``(III) any producer, exporter, or 
                                supplier of the input described in 
                                clause (i) found by the administering 
                                authority, or by any investigating 
                                authority of a third country, to be 
                                selling an identical or comparable 
                                input for less than fair market value 
                                in the respective country;
                                    ``(IV) a government or public body 
                                operating within the territory of the 
                                exporting country or in any other 
                                country; or
                                    ``(V) a group of governments or 
                                public bodies that collectively account 
                                for a meaningful share of the 
                                production of the input in the 
                                exporting country or in any other 
                                country.''.

                  TITLE III--PREVENTING CIRCUMVENTION

SEC. 301. MODIFICATION OF REQUIREMENTS IN CIRCUMVENTION INQUIRIES.

    (a) In General.--Section 781 of the Tariff Act of 1930 (19 U.S.C. 
1677j) is amended by striking subsection (f) and inserting the 
following:
    ``(f) Procedures for Conducting Circumvention Inquiries.--
            ``(1) Initiation by administering authority.--A 
        circumvention inquiry shall be initiated whenever the 
        administering authority determines, from information available 
        to it, that a formal inquiry is warranted into the question of 
        whether the elements necessary for a determination under this 
        section exist.
            ``(2) Initiation by inquiry request.--
                    ``(A) In general.--A circumvention inquiry shall be 
                initiated whenever an interested party files an inquiry 
                request that alleges the elements necessary for a 
                determination under this section, accompanied by 
                information reasonably available to the requestor 
                supporting those allegations.
                    ``(B) Rules.--The administering authority shall 
                specify requirements for the contents and service of an 
                inquiry request under subparagraph (A).
            ``(3) Action with respect to inquiry request.--
                    ``(A) In general.--Not later than 30 days after the 
                filing of an inquiry request under paragraph (2)(A), 
                the administering authority shall--
                            ``(i) initiate a circumvention inquiry;
                            ``(ii) dismiss the inquiry request as 
                        inadequate and notify the requestor in writing 
                        of the reasons for the dismissal; or
                            ``(iii) notify all interested parties that 
                        the inquiry request will be addressed through a 
                        determination (other than a determination under 
                        this section) by the administering authority as 
                        to whether a particular type of merchandise is 
                        within the class or kind of merchandise 
                        described in an existing finding of dumping or 
                        an antidumping or countervailing duty order.
                    ``(B) Extension.--The administering authority may 
                extend the deadline under subparagraph (A) by a period 
                not to exceed 15 days.
            ``(4) Determinations.--
                    ``(A) Preliminary determinations.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 90 days after the 
                        date on which the initiation of a circumvention 
                        inquiry under paragraph (1) or (3)(A) is 
                        published, the administering authority shall 
                        make a preliminary determination, based on the 
                        information available to it at the time of the 
                        determination, of whether there is a reasonable 
                        basis to believe or suspect that the 
                        merchandise subject to the inquiry is 
                        circumventing an existing finding of dumping or 
                        an antidumping or countervailing duty order.
                            ``(ii) Extension.--The administering 
                        authority may extend the deadline under clause 
                        (i) by a period not to exceed 45 days.
                    ``(B) Final determinations.--
                            ``(i) In general.--Except as provided in 
                        clause (ii), not later than 120 days after the 
                        date on which the preliminary determination is 
                        published under subparagraph (A) with respect 
                        to a circumvention inquiry, the administering 
                        authority shall make a final determination of 
                        whether the merchandise subject to the inquiry 
                        is circumventing an existing finding of dumping 
                        or an antidumping or countervailing duty order.
                            ``(ii) Extension.--The administering 
                        authority may extend the deadline under clause 
                        (i) by a period not to exceed 60 days.
                    ``(C) Other class or kind determinations.--If an 
                inquiry request under paragraph (2)(A) is addressed 
                through a class or kind determination described in 
                paragraph (3)(C), the administering authority shall 
                make such determination not later than 335 days after 
                the filing of the inquiry request.
            ``(5) Rule of construction.--The administering authority 
        may simultaneously initiate a circumvention inquiry under 
        paragraph (1) or (3)(A) and issue a preliminary determination 
        under paragraph (4)(A) if the pattern of circumvention alleged 
        is similar to that of a prior final determination by the 
        administering authority.''.
    (b) Suspension of Liquidation and Collection of Deposits of Entries 
Subject to Circumvention Inquiry; Application of Circumvention 
Determination.--Section 781 of the Tariff Act of 1930 (19 U.S.C. 1677j) 
is further amended by adding at the end the following:
    ``(g) Suspension of Liquidation and Collection of Deposits of 
Entries Subject to Circumvention Inquiry.--
            ``(1) In general.--If the administering authority initiates 
        a circumvention inquiry under paragraph (1) or (3)(A) of 
        subsection (f), for each unliquidated entry of merchandise 
        subject to the circumvention inquiry entered or withdrawn from 
        warehouse, that is already suspended, the administering 
        authority shall order--
                    ``(A) the continued suspension of liquidation of 
                such entries; and
                    ``(B) the continued posting of a cash deposit in an 
                amount equal to the antidumping duty or countervailing 
                duty applicable for such entries.
            ``(2) Preliminary determination.--If the administering 
        authority issues a preliminary affirmative determination under 
        paragraph (4)(A) of subsection (f), the administering authority 
        shall order--
                    ``(A) the suspension, or continued suspension, of 
                liquidation of all entries of merchandise subject to 
                the circumvention inquiry entered, or withdrawn from 
                warehouse, for consumption on or after the date of 
                publication of the notice of initiation of 
                circumvention inquiry under paragraph (1) or (3)(A) of 
                subsection (f);
                    ``(B) the suspension, or continued suspension, of 
                liquidation of all entries of merchandise subject to 
                the circumvention inquiry entered, or withdrawn from 
                warehouse, for consumption prior to the date of 
                publication of the notice of initiation of 
                circumvention inquiry under paragraph (1) or (3)(A) of 
                subsection (f) if the administering authority 
                determines, in light of the circumstances, that such 
                suspension under this paragraph is warranted; and
                    ``(C) the posting, or continued posting, of a cash 
                deposit in an amount equal to the antidumping duty or 
                countervailing duty applicable, for each entry of 
                merchandise described in subparagraphs (A) and (B).
            ``(3) Final determination.--If the administering authority 
        issues a final affirmative determination under paragraph (4)(B) 
        of subsection (f), the administering authority shall order--
                    ``(A) the suspension, or continued suspension, of 
                liquidation of all entries of merchandise subject to 
                the circumvention inquiry entered, or withdrawn from 
                warehouse, for consumption on or after the date of 
                publication of the notice of initiation of 
                circumvention inquiry under paragraph (1) or (3)(A) of 
                subsection (f);
                    ``(B) the suspension, or continued suspension, of 
                liquidation of all entries of merchandise subject to 
                the circumvention inquiry entered, or withdrawn from 
                warehouse, for consumption prior to the date of 
                publication of the notice of initiation of 
                circumvention inquiry under paragraph (1) or (3)(A) of 
                subsection (f) if the administering authority 
                determines, in light of the circumstances, that such 
                suspension under this paragraph is warranted; and
                    ``(C) the posting, or continued posting, of a cash 
                deposit in an amount equal to the antidumping duty or 
                countervailing duty applicable, for each entry of 
                merchandise described in subparagraphs (A) and (B).
            ``(4) Rule of construction.--Nothing in this section shall 
        be construed to prevent the administering authority from 
        applying the requirements under this subsection in a class or 
        kind determination described in subsection (f)(3)(C).
    ``(h) Application of Circumvention Determination.--
            ``(1) In general.--The administering authority shall 
        consider the appropriate remedy to address circumvention and to 
        prevent evasion of the order pursuant to a determination 
        described in subsections (4)(f)(A) and (B). Such remedies may 
        include the following:
                    ``(A) The application of the determination on a 
                producer-specific, exporter-specific, importer-specific 
                basis, or some combination thereof, and, as 
                appropriate, the implementation of a certification 
                requirement under section 785.
                    ``(B) The application of the determination on a 
                countrywide basis to all products from the same 
                country, regardless of producer, exporter, or importer 
                of those products, and, as appropriate, the 
                implementation of a certification requirement under 
                section 785.
            ``(2) Exemption for certification.--When a certification 
        requirement is implemented under this paragraph and the 
        eligible importer or other party complies with that 
        requirement, antidumping and countervailing duties under this 
        title may not be applied to the merchandise under 
        certification.''.
    (c) Publication in the Federal Register.--Section 777(i) of the 
Tariff Act of 1930 is amended by adding at the end the following:
            ``(4) Circumvention inquiries.--Whenever the administering 
        authority makes a determination under section 781 whether to 
        initiate a circumvention inquiry, or makes a preliminary or 
        final determination under subsection (f)(4) of that section, 
        the administering authority shall publish the facts and 
        conclusions supporting that determination and shall publish 
        notice of that determination in the Federal Register.''.
    (d) Adding Verification Responses in Circumvention Inquiries.--
Section 782(i) of the Tariff Act of 1930 (19 U.S.C. 1677m(i)) is 
amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3)(B), by striking the period at the end 
        and inserting ``, and''; and
            (3) by adding at the end the following:
            ``(4) a final determination in a circumvention inquiry 
        conducted pursuant to section 781 if good cause for 
        verification is shown.''.

SEC. 302. REQUIREMENT OF PROVISION BY IMPORTER OF CERTIFICATION BY 
              IMPORTER OR OTHER PARTY.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.), as amended by section 103(a), is further 
amended by adding at the end the following:

``SEC. 785. REQUIREMENT FOR CERTIFICATION BY IMPORTER OR OTHER PARTY.

    ``(a) Requirement.--
            ``(1) In general.--For imports of merchandise into the 
        customs territory of the United States, the administering 
        authority may require an importer or other party--
                    ``(A) to provide by electronic means, at the time 
                of entry or with the entry summary, a certification 
                described in paragraph (2);
                    ``(B) to maintain that certification; or
                    ``(C) to otherwise demonstrate compliance with the 
                requirements for that certification.
            ``(2) Certification described.--A certification described 
        in this paragraph is a certification by the importer of the 
        merchandise or other party, as required by the administering 
        authority, that among other things--
                    ``(A) the merchandise is not subject to an 
                antidumping or countervailing duty proceeding under 
                this title; and
                    ``(B) the inputs used in production, 
                transformation, or processing of the merchandise are 
                not subject to an antidumping or countervailing duty 
                under this title.
            ``(3) Available upon request.--A certification required by 
        the administering authority under paragraph (1), if not already 
        provided, shall be made available upon request to the 
        administering authority or the Commissioner of U.S. Customs and 
        Border Protection (in this section referred to as the 
        `Commissioner').
    ``(b) Authority To Collect Cash Deposits and To Assess Duties.--
            ``(1) In general.--If the administering authority requires 
        an importer or other party to provide a certification described 
        in paragraph (2) of subsection (a) for merchandise imported 
        into the customs territory of the United States pursuant to 
        paragraph (1) of that subsection, and the importer or other 
        party does not provide that certification or that certification 
        contains any false, misleading, or fraudulent statement or 
        representation or any material omission, the administering 
        authority shall instruct the Commissioner--
                    ``(A) to suspend liquidation of the entry;
                    ``(B) to require that the importer or other party 
                post a cash deposit in an amount equal to the 
                antidumping duty or countervailing duty applicable to 
                the merchandise; and
                    ``(C) to assess the appropriate rate of duty upon 
                liquidation or reliquidation of the entry.
            ``(2) Assessment rate.--If no rate of duty for an entry is 
        available at the time of assessment under paragraph (1)(C), the 
        administering authority shall identify the applicable cash 
        deposit rate to be applied to the entry, with the applicable 
        duty rate to be provided as soon as the duty rate becomes 
        available.
    ``(c) Penalties.--If the administering authority requires an 
importer or other party to provide a certification described in 
paragraph (2) of subsection (a) for merchandise imported into the 
customs territory of the United States pursuant to paragraph (1) of 
that subsection, and the importer or other party does not provide that 
certification or that certification contains any false, misleading, or 
fraudulent statement or representation or any material omission, the 
importer of the merchandise may be subject to a penalty pursuant to 
section 592 of this Act, section 1001 of title 18, United States Code, 
or any other applicable provision of law.''.
    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930, as amended by section 103(b), is further amended by inserting 
after the item relating to section 784 the following:

``Sec. 785. Requirement for certification by importer or other 
                            party.''.

SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPARTMENT OF COMMERCE 
              REGARDING DETERMINATIONS OF CLASS OR KIND OF MERCHANDISE.

    (a) Determinations of Class or Kind of Merchandise.--To determine 
whether merchandise imported into the United States is within the class 
or kind of merchandise covered by an antidumping or countervailing duty 
proceeding under title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et 
seq.), the administering authority may use any reasonable method and is 
not bound by the determinations of any other Federal department or 
agency, including tariff classification and country of origin marking 
rulings issued by the Commissioner of U.S. Customs and Border 
Protection. Class or kind determinations may be made under this section 
or under section 781 in accordance with the criteria set forth in this 
section or in section 781.
    (b) Origin of Merchandise.--To determine the origin of merchandise 
for purposes of an antidumping or countervailing duty proceeding under 
title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), the 
administering authority may apply any reasonable method and may 
consider relevant factors, including--
            (1) whether the upstream and downstream products are within 
        the same class or kind of merchandise;
            (2) whether an essential characteristic of the merchandise, 
        or an essential component thereof, is substantially transformed 
        in the country of exportation;
            (3) the physical characteristics of the merchandise;
            (4) the value added, nature, and sophistication of 
        processing in the third country or countries;
            (5) the level of investment in the third country or 
        countries; and
            (6) any other factors that the administering authority 
        considers appropriate.
    (c) Reviewable Determinations.--Section 516A(a)(2)(A)(ii) of the 
Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)(A)(ii)) is amended to read as 
follows:
                            ``(ii) the date of publication in the 
                        Federal Register of notice of a determination 
                        described in clause (iv) of subparagraph (B), 
                        or, if no such notice is published, the date on 
                        which the administering authority conveys a 
                        copy of such determination to an interested 
                        party who is a party to the proceeding,''.

SEC. 304. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.

    (a) In General.--Part III of title IV of the Tariff Act of 1930 (19 
U.S.C. 1481 et seq.) is amended by inserting after section 484b the 
following:

``SEC. 484C. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.

    ``(a) Definitions.--In this section:
            ``(1) Importer; nonresident importer.--The terms `importer' 
        and `nonresident importer' have the meanings given those terms 
        in section 641(i).
            ``(2) Resident importer.--The term `resident importer' 
        means any importer other than a nonresident importer.
    ``(b) Requirements for Nonresident Importers.--Except as provided 
in subsection (c), the Commissioner of U.S. Customs and Border 
Protection shall--
            ``(1) require a nonresident importer that imports 
        merchandise into the United States to maintain assets in the 
        United States sufficient to pay all duties that may potentially 
        be applied to the merchandise; and
            ``(2) require a bond with respect to the merchandise in an 
        amount sufficient to ensure full liability on the part of a 
        nonresident importer and the surety of the importer based on 
        the amount of assets the Commissioner determines to be 
        sufficient under subsection (c).
    ``(c) Determination of Amount of Assets Required To Be 
Maintained.--For purposes of subsection (b)(1), the Commissioner shall 
calculate the amount of assets sufficient to pay all duties that may 
potentially be applied to merchandise imported by a nonresident 
importer, calculated using the declared customs value of the 
merchandise, of all duties, fees, interest, taxes, or other charges, 
and all deposits for duties, fees, interest, taxes, or other charges, 
that would apply with respect to the merchandise if the merchandise 
were subject to the highest rate of all duties applicable to such 
imported merchandise.
    ``(d) Maintenance of Assets in the United States.--
            ``(1) In general.--For purposes of subsection (b)(1), a 
        nonresident importer of merchandise meets the requirement to 
        maintain assets in the United States if the importer has clear 
        title, at all times between the entry of the merchandise and 
        the liquidation of the entry and payment in full of all 
        corresponding bills issued as a result of the liquidation, to 
        assets described in paragraph (2) with a value equal to the 
        amount determined under subsection (c).
            ``(2) Assets described.--An asset described in this 
        paragraph is--
                    ``(A) an asset held by a United States financial 
                institution;
                    ``(B) an interest in an entity organized under the 
                laws of the United States or any jurisdiction within 
                the United States; or
                    ``(C) an interest in real or personal property 
                located in the United States or any territory or 
                possession of the United States.
    ``(e) Exceptions.--The requirements of this section shall not apply 
with respect to a nonresident importer--
            ``(1) that is a validated Tier 2 or Tier 3 participant in 
        the Customs-Trade Partnership Against Terrorism program 
        established under subtitle B of title II of the Security and 
        Accountability For Every Port Act of 2006 (6 U.S.C. 961 et 
        seq.); or
            ``(2) if the Commissioner is satisfied, based on certified 
        information supplied by the importer and any other relevant 
        evidence, that the Commissioner has the same or equivalent 
        ability to collect all duties that may potentially be applied 
        to merchandise imported by the importer as the Commissioner 
        would have if the importer were a resident importer.
    ``(f) Procedures.--
            ``(1) In general.--The Commissioner shall prescribe 
        procedures for assuring that nonresident importers maintain the 
        assets required by subsection (b).
            ``(2) Deadline.--The Commissioner shall ensure the 
        procedures required by paragraph (1) are prescribed and in 
        effect not later than 90 days after the date of the enactment 
        of this Act.
    ``(g) Penalties.--
            ``(1) In general.--It shall be unlawful for any person to 
        import into the United States any merchandise in violation of 
        this section.
            ``(2) Civil penalties.--Any person who violates paragraph 
        (1) shall--
                    ``(A) in the case of merchandise described in such 
                paragraph with a domestic value that is equal to or 
                greater than $50,000, be liable for a civil penalty of 
                $50,000 for each such violation; or
                    ``(B) in the case of merchandise described in such 
                paragraph with a domestic value that is less than 
                $50,000, be liable for a civil penalty equal to 50 
                percent of the amount of such domestic value for each 
                such violation.
            ``(3) Other penalties.--In addition to the penalties 
        specified in paragraph (2), any violation of this section that 
        violates any other provision of the customs and trade laws of 
        the United States (as defined in section 2 of the Trade 
        Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 
        4301)) shall be subject to any applicable civil or criminal 
        penalty, including seizure and forfeiture, that may be imposed 
        under that provision or title 18, United States Code.''.
    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930 is amended by inserting after the item relating to section 484b 
the following:

``Sec. 484c. Asset requirements applicable to nonresident importers.''.
    (c) Effective Date.--Section 484c of the Tariff Act of 1930, as 
added by subsection (a)--
            (1) takes effect on the date of the enactment of this Act; 
        and
            (2) applies with respect to merchandise entered, or 
        withdrawn from warehouse for consumption, on or after the date 
        that is 180 days after such date of enactment.

              TITLE IV--COUNTERING CURRENCY UNDERVALUATION

SEC. 401. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION UNDER 
              COUNTERVAILING DUTY LAW.

    Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 1671a(c)) is 
amended by adding at the end the following:
            ``(6) Currency undervaluation.--For purposes of a 
        countervailing duty investigation under this subtitle in which 
        the determinations under clauses (i) and (ii) of paragraph 
        (1)(A) are affirmative and the petition includes an allegation 
        of currency undervaluation by the government of a country or 
        any public entity within the territory of a country that meets 
        the requirements of clause (i) of that paragraph, or for 
        purposes of a review under subtitle C with respect to a 
        countervailing duty order involving such an allegation, the 
        administering authority shall examine in its investigation or 
        review whether currency undervaluation by the government of a 
        country or any public entity within the territory of a country 
        is providing, directly or indirectly, a countervailable 
        subsidy.''.

SEC. 402. DETERMINATION OF BENEFIT WITH RESPECT TO CURRENCY 
              UNDERVALUATION.

    Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) 
is amended--
            (1) in clause (iii), by striking ``, and'' and inserting a 
        comma;
            (2) in clause (iv), by striking the period at the end and 
        inserting ``, and'';
            (3) by inserting after clause (iv) the following:
    ``(v) in the case of a transaction involving currency, if there is 
a difference between the amount of currency received in exchange for 
United States dollars and the amount of currency that the recipient 
would have received absent an undervalued currency.''; and
            (4) in the flush text following clause (v), as added by 
        paragraph (3), by adding at the end the following: ``For 
        purposes of clause (v), a determination of the existence and 
        amount of a benefit from the exchange of an undervalued 
        currency shall take into account a comparison of the exchange 
        rates derived from a methodology determined by the 
        administering authority to be appropriate in light of the facts 
        and circumstances to the relevant actual exchange rates. That 
        determination shall rely on authoritative information that is 
        on the administrative record.''.

                    TITLE V--PREVENTING DUTY EVASION

SEC. 501. LIMITATION ON PROTEST AGAINST DECISIONS OF U.S. CUSTOMS AND 
              BORDER PROTECTION OF CLAIMS OF EVASION OF ANTIDUMPING AND 
              COUNTERVAILING DUTY ORDERS.

    The Tariff Act of 1930 is amended--
            (1) in section 514(b) (19 U.S.C. 1514(b))--
                    (A) by striking ``title, determinations'' and 
                inserting ``title, or with respect to determinations 
                made under section 517 of this title which are 
                reviewable under subsection (g) of such section, 
                determinations''; and
                    (B) by inserting after ``a determination listed in 
                section 516A of this title'' the following: ``or a 
                determination listed in section 517 of this title, as 
                the case may be,''; and
            (2) in section 517(h) (19 U.S.C. 1517(h)), by adding at the 
        end before the period the following: ``, except that any 
        decision as to the liquidation or reliquidation of an entry of 
        covered merchandise in accordance with a determination under 
        subsection (c) and review under subsection (f), if applicable, 
        shall not be subject to a protest of such decision filed in 
        accordance with section 514''.

SEC. 502. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF SAFEGUARD 
              ACTIONS.

    (a) Tariff Act of 1930.--Section 517 of the Tariff Act of 1930 (19 
U.S.C. 1517) is amended--
            (1) in the section heading, by adding at the end before the 
        period the following: ``and safeguard actions'';
            (2) in subsection (a)--
                    (A) in paragraph (3)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) an action taken under section 203 of the 
                Trade Act of 1974 (19 U.S.C. 2253).''; and
                    (B) in paragraph (5)(A), by inserting after 
                ``applicable antidumping or countervailing duties'' the 
                following: ``or any applicable safeguard action'';
            (3) in subparagraphs (A) and (B) of subsection (b)(4), by 
        inserting after ``covered merchandise'' each place it appears 
        the following: ``under subparagraph (A) or (B) of subsection 
        (a)(3)''; and
            (4) in subsection (d)(1)--
                    (A) in subparagraph (C)--
                            (i) in the matter preceding clause (i), by 
                        inserting after ``(C)'' the following: ``if the 
                        determination relates to covered merchandise 
                        under subparagraph (A) or (B) of subsection 
                        (a)(3),''; and
                            (ii) in clause (i), by inserting after 
                        ``subparagraphs (A) and (B)'' the following: 
                        ``of this paragraph''; and
                    (B) in subparagraph (D)--
                            (i) by inserting after ``(D)'' the 
                        following: ``if the determination relates to 
                        covered merchandise under subparagraph (A) or 
                        (B) of subsection (a)(3),''; and
                            (ii) by inserting after ``subparagraphs (A) 
                        and (B)'' the following: ``of this paragraph''.
    (b) Trade Facilitation and Trade Enforcement Act of 2015.--The 
Trade Facilitation and Trade Enforcement Act of 2015 is amended--
            (1) in section 402 (19 U.S.C. 4361)--
                    (A) in paragraph (2)--
                            (i) in subparagraph (A), by striking ``or'' 
                        at the end;
                            (ii) in subparagraph (B), by striking the 
                        period at the end and inserting ``; or''; and
                            (iii) by adding at the end the following:
                    ``(C) an action taken under section 203 of the 
                Trade Act of 1974 (19 U.S.C. 2253).'';
                    (B) in paragraph (5), by inserting after 
                ``applicable antidumping or countervailing duties'' the 
                following: ``or any applicable safeguard action''; and
                    (C) in paragraph (7), by adding at the end before 
                the period the following: ``and chapter 1 of title II 
                of the Trade Act of 1974 (19 U.S.C. 2251 et seq.)''; 
                and
            (2) in section 412 (19 U.S.C. 4372)--
                    (A) in subsection (a)(2)--
                            (i) by redesignating subparagraphs (A), 
                        (B), and (C) as subparagraphs (B), (C), and 
                        (D), respectively; and
                            (ii) by inserting before subparagraph (B), 
                        as redesignated, the following:
                    ``(A) a person reasonably suspected of entering 
                covered merchandise into the customs territory of the 
                United States through evasion'';''; and
                    (B) in subsection (b)(1)--
                            (i) in subparagraph (B)--
                                    (I) by redesignating clauses (i), 
                                (ii), and (iii) as clauses (ii), (iii), 
                                and (iv), respectively; and
                                    (II) by inserting before clause 
                                (ii), as redesignated, the following:
                            ``(i) a person from whom information was 
                        requested pursuant to subsection (a)(2)(A);''; 
                        and
                            (ii) in subparagraph (C), by striking 
                        ``clause (ii) or (iii)'' and inserting ``clause 
                        (i), (iii), or (iv)''.

SEC. 503. APPLICATION OF PROVISIONS RELATING TO CERTAIN PROPRIETARY 
              INFORMATION.

    (a) In General.--Section 517 of the Tariff Act of 1930 (19 U.S.C. 
1517), as amended by section 502(a), is further amended by adding at 
the end the following:
    ``(i) Application of Provisions Relating to Certain Proprietary 
Information.--
            ``(1) In general.--Except as provided in paragraph (2), the 
        provisions of subsections (b), (c), and (d) of section 777, 
        relating to information submitted in connection with 
        proceedings under title VII of this Act, shall apply with 
        respect to information submitted in connection with proceedings 
        under this section to the same extent and in the same manner as 
        such provisions apply to information submitted in connection 
        with proceedings under such title VII.
            ``(2) Exceptions.--In carrying out paragraph (1), the 
        provisions of subsections (b), (c), and (d) of section 777 
        shall be applied and administered as follows:
                    ``(A) By substituting `the Commissioner' for `the 
                administering authority or the Commission' and `the 
                administering authority and the Commission' each place 
                either such term appears.
                    ``(B) Paragraphs (1)(A)(ii) and (3) of such 
                subsection (b) shall not apply.
                    ``(C) The second and third sentences of such 
                subsection (c)(1)(A) shall not apply.
                    ``(D) In such subsection (c)--
                            ``(i) in paragraph (1)--
                                    ``(I) in subparagraph (B), by 
                                substituting `determine to be 
                                appropriate' for `determine to be 
                                appropriate, including disbarment from 
                                practice before the agency'; and
                                    ``(II) in subparagraph (C)--
                                            ``(aa) in clause (i), by 
                                        substituting `14 days' for `14 
                                        days (7 days if the submission 
                                        pertains to a proceeding under 
                                        section 703(a) or 733(a))'; and
                                            ``(bb) in the text 
                                        following clause (ii)(II), by 
                                        substituting `30 days' for `30 
                                        days (10 days if the submission 
                                        pertains to a proceeding under 
                                        section 703(a) or 733(a))'; and
                            ``(ii) in paragraph (2), by substituting 
                        `United States Court of International Trade' 
                        for `United States Customs Court'.''.
    (b) Regulations.--The Commissioner of U.S. Customs and Border 
Protection shall prescribe such regulations as may be necessary to 
implement subsection (i) of section 517 of the Tariff Act of 1930 (19 
U.S.C. 1517), as added by subsection (a).
    (c) Effective Date.--The amendment made by subsection (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.

                      TITLE VI--GENERAL PROVISIONS

SEC. 601. APPLICATION TO CANADA AND MEXICO.

    Pursuant to section 418 of the United States-Mexico-Canada 
Agreement Implementation Act (19 U.S.C. 4588), the amendments made by 
this Act apply with respect to goods from Canada and Mexico.

SEC. 602. REPEAL OF THE SOFTWOOD LUMBER ACT OF 2008.

    The second title VIII of the Tariff Act of 1930 (19 U.S.C. 1683 et 
seq.; relating to softwood lumber), as added by section 3301 of the 
Food, Conservation, and Energy Act of 2008 (Public Law 110-246; 122 
Stat. 1844), is repealed.

SEC. 603. EFFECTIVE DATE.

    (a) In General.--Except as otherwise provided and except as 
provided by subsection (b) or (c), the amendments made by this Act 
apply to countervailing duty investigations initiated under subtitle A 
of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), 
antidumping duty investigations initiated under subtitle B of title VII 
of such Act (19 U.S.C. 1673 et seq.), reviews initiated under subtitle 
C of title VII of such Act (19 U.S.C. 1675 et seq.), circumvention 
inquiries requested under section 781 of such Act (19 U.S.C. 1677j), 
class or kind determinations under section 303 of this Act, claims of 
evasion of antidumping and countervailing duty orders initiated under 
the Tariff Act of 1930, and claims of evasion of safeguard actions 
initiated under the Tariff Act of 1930 on or after the date of the 
enactment of this Act.
    (b) Applicability.--
            (1) In general.--The amendments made by this Act apply to--
                    (A) investigations or reviews under title VII of 
                the Tariff Act of 1930 pending on the date of the 
                enactment of this Act if the date on which the fully 
                extended preliminary determination is scheduled is not 
                earlier than 45 days after such date of enactment, 
                except that section 784 of the Tariff Act of 1930, as 
                added by section 103 of this Act, shall not apply to 
                investigations under title VII of the Tariff Act of 
                1930 that are pending on such date of enactment;
                    (B) circumvention inquiries under section 781 of 
                the Tariff Act of 1930 pending on such date of 
                enactment, if the date of publication of the initiation 
                of the inquiry is not earlier than 45 days before such 
                date of enactment; and
                    (C) circumvention inquiries requested under such 
                section 781 but not initiated before such date of 
                enactment.
            (2) Deadlines for circumvention inquiries.--
                    (A) Determinations.--In the case of a circumvention 
                inquiry described in paragraph (1)(B), subsection 
                (f)(4) of section 781 of the Tariff Act of 1930, as 
                amended by section 301(a), shall be applied and 
                administered--
                            (i) in subparagraph (A)(i), by substituting 
                        ``the date of the enactment of the Eliminating 
                        Global Market Distortions to Protect American 
                        Jobs Act of 2021'' for ``the date on which the 
                        initiation of a circumvention inquiry under 
                        paragraph (1) or (3)(A) is published''; and
                            (ii) in subparagraph (C), by substituting 
                        ``the date of the enactment of the Eliminating 
                        Global Market Distortions to Protect American 
                        Jobs Act of 2021'' for ``the filing of the 
                        inquiry request''.
                    (B) Actions with respect to inquiry requests.--In 
                this case of a circumvention inquiry described in 
                paragraph (1)(C), the administering authority (as 
                defined in section 771(1) of the Tariff Act of 1930 (19 
                U.S.C. 1677(1))) shall, not later than 45 days after 
                the date of the enactment of this Act, take an action 
                described in subsection (f)(3) of section 781 of the 
                Tariff Act of 1930, as amended by section 301, with 
                respect to the inquiry.
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