I 

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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Eliminating Global Market Distortions to Protect Amer6 ican Jobs Act of 2021’’. 

7 (b) TABLE OF CONTENTS.—The table of contents for 

8 this Act is as follows: 

Sec. 1. Short title; table of contents. 

TITLE I—SUCCESSIVE INVESTIGATIONS 


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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. 


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1 TITLE I—SUCCESSIVE 

2 INVESTIGATIONS 

3 SEC. 101. ESTABLISHMENT OF SPECIAL RULES FOR DETER4 MINATION OF MATERIAL INJURY IN THE 

5 CASE OF SUCCESSIVE ANTIDUMPING AND 

6 COUNTERVAILING DUTY INVESTIGATIONS. 

7 (a) IN GENERAL.—Section 771(7) of the Tariff Act 

8 of 1930 (19 U.S.C. 1677(7)) is amended— 

9 (1) by redesignating subparagraphs (E) 

10 through (J) as subparagraphs (F) through (K), re11 spectively; 

12 (2) in subparagraph (I), as redesignated by 

13 paragraph (1)— 

14 (A) by striking ‘‘subparagraph (G)(ii)’’ and 

15 inserting ‘‘subparagraph (H)(ii)’’; and 

16 (B) by striking ‘‘subparagraph (F)’’ and 

17 inserting ‘‘subparagraph (G)’’; and 

18 (3) by inserting after subparagraph (D) the fol19 lowing: 

20 ‘‘(E) SPECIAL RULES FOR SUCCESSIVE IN21 VESTIGATIONS.— 

22 ‘‘(i) IN GENERAL.— 

23 ‘‘(I) EVALUATION OF IMPACT ON

24 DOMESTIC INDUSTRY.—In evaluating 

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1 dise on producers of domestic like 

2 products under subparagraph (C)(iii), 

3 the Commission shall— 

4 ‘‘(aa) consider the condition 

5 of the domestic industry as found 

6 in a recently completed investiga7 tion; 

8 ‘‘(bb) consider the effect of 

9 a concurrent investigation or re10 cently completed investigation on 

11 trade and the financial perform12 ance of the domestic industry; 

13 and 

14 ‘‘(cc) take into account the 

15 considerations described in items 

16 (aa) and (bb), include in the 

17 record any prior injury deter18 minations by the Commission 

19 with respect to imports of the 

20 merchandise. 

21 ‘‘(II) EFFECT OF RECENT IM22 PROVEMENT ON MATERIAL INJURY

23 DETERMINATION.—For the purposes 

24 of this subparagraph, the Commission 

25 may not find that there is no material 


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1 injury or threat of material injury to 

2 a domestic industry solely based on 

3 recent improvements in the industry’s 

4 performance, such as an increase in 

5 sales, market share, or profitability of 

6 domestic producers, that are related 

7 to relief granted pursuant to a con8 current investigation or recently com9 pleted investigation. 

10 ‘‘(ii) RETROACTIVE APPLICATION OF

11 FINAL DETERMINATION.—In making any 

12 finding under section 705(b)(4)(A) or 

13 735(b)(4)(A) in a successive investigation, 

14 the Commission shall determine that a 

15 concurrent investigation or recently com16 pleted investigation contributes to the like17 lihood that the remedial effect of the coun18 tervailing duty order to be issued under 

19 section 706 or the antidumping duty order 

20 to be issued under section 736 will be seri21 ously undermined.’’. 

22 (b) DEFINITIONS.—Section 771 of the Tariff Act of 

23 1930 (19 U.S.C. 1677) is amended by adding at the end 

24 the following: 


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1 ‘‘(37) TREATMENT OF SUCCESSIVE INVESTIGA2 TIONS.—For purposes of sections 702(f), 732(f), 

3 and 784, as well as paragraph (7)(E) of this section: 

4 ‘‘(A) CONCURRENT INVESTIGATION.—The 

5 term ‘concurrent investigation’ means an ongo6 ing investigation in which an affirmative deter7 mination under section 703(a) or 733(a) has 

8 been made by the Commission with respect to 

9 imports of a same class or kind of merchandise 

10 that are the same or similar to imports of a 

11 same class or kind of merchandise from another 

12 country that are the subject of a successive in13 vestigation. 

14 ‘‘(B) RECENTLY COMPLETED INVESTIGA15 TION.—The term ‘recently completed investiga16 tion’ means a completed investigation in which 

17 an affirmative determination under section 

18 705(b) or 735(b) was issued by the Commission 

19 with respect to imports of a class or kind of 

20 merchandise that are the same or similar to im21 ports of a class or kind of merchandise from 

22 another country that are the subject of a suc23 cessive investigation not more than 2 years be24 fore the date of initiation of the successive in25 vestigation. 


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1 ‘‘(C) SUCCESSIVE INVESTIGATION.—The 

2 term ‘successive investigation’ means an inves3 tigation that has been initiated by the admin4 istering authority following a petition filed pur5 suant to section 702(f) or 732(f).’’. 

6 SEC. 102. INITIATION OF SUCCESSIVE ANTIDUMPING AND 

7 COUNTERVAILING DUTY INVESTIGATIONS. 

8 (a) COUNTERVAILING DUTY INVESTIGATION.—Sec9 tion 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) is 

10 amended by adding at the end the following: 

11 ‘‘(f) INITIATION BY ADMINISTERING AUTHORITY OF

12 SUCCESSIVE COUNTERVAILING DUTY INVESTIGATION.— 

13 A successive investigation shall be initiated— 

14 ‘‘(1) under subsection (a), if— 

15 ‘‘(A) the requirements under that sub16 section are met with respect to imports of a 

17 class or kind of merchandise; and 

18 ‘‘(B) imports of the same or similar class 

19 or kind of merchandise from another country 

20 are or have been the subject of a concurrent in21 vestigation or recently completed investigation; 

22 or 

23 ‘‘(2) under subsection (b), if— 

24 ‘‘(A) the determinations under clauses (i) 

25 and (ii) of subsection (c)(1)(A) are affirmative 


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1 with respect to imports of a class or kind of 

2 merchandise; and 

3 ‘‘(B) imports of the same or similar class 

4 or kind of merchandise from another country 

5 are or have been the subject of a concurrent in6 vestigation or recently completed investiga7 tion.’’. 

8 (b) ANTIDUMPING DUTY INVESTIGATION.—Section 

9 732 of the Tariff Act of 1930 (19 U.S.C. 1673a) is 

10 amended by adding at the end the following: 

11 ‘‘(f) INITIATION BY ADMINISTERING AUTHORITY OF

12 SUCCESSIVE ANTIDUMPING DUTY INVESTIGATION.—A 

13 successive investigation shall be initiated— 

14 ‘‘(1) under subsection (a), if— 

15 ‘‘(A) the requirements under that sub16 section are met with respect to imports of a 

17 class or kind of merchandise; and 

18 ‘‘(B) imports of the same or similar class 

19 or kind of merchandise from another country 

20 are or have been the subject of a concurrent in21 vestigation or recently completed investigation; 

22 or 

23 ‘‘(2) under subsection (b), if— 

24 ‘‘(A) the determinations under clauses (i) 

25 and (ii) of subsection (c)(1)(A) are affirmative 


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1 with respect to imports of a class or kind of 

2 merchandise; and 

3 ‘‘(B) imports of the same or similar class 

4 or kind of merchandise from another country 

5 are or have been the subject of a concurrent in6 vestigation or recently completed investiga7 tion.’’. 

8 SEC. 103. ISSUANCE OF DETERMINATIONS WITH RESPECT 

9 TO SUCCESSIVE ANTIDUMPING AND COUN10 TERVAILING DUTY INVESTIGATIONS. 

11 (a) IN GENERAL.—Subtitle D of title VII of the Tar12 iff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by 

13 adding at the end the following: 

14 ‘‘SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE IN15 VESTIGATIONS. 

16 ‘‘(a) IN GENERAL.—Notwithstanding any other pro17 vision of this title, the administering authority— 

18 ‘‘(1) with respect to a successive investigation 

19 under section 702(f)— 

20 ‘‘(A) shall issue a preliminary determina21 tion under section 703(b) not later than 85 

22 days after initiating the investigation; 

23 ‘‘(B) may not postpone under section 

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1 liminary determination unless requested by the 

2 petitioner; 

3 ‘‘(C) shall obtain the information required 

4 for a determination under section 703(e); 

5 ‘‘(D) shall make a determination under 

6 section 703(e) with respect to the investigation; 

7 ‘‘(E) shall issue a final determination 

8 under section 705(a) not later than 75 days 

9 after issuing the preliminary determination 

10 under subparagraph (A); and 

11 ‘‘(F) shall extend the date of the final de12 termination under section 705(a) if requested 

13 by the petitioner; and 

14 ‘‘(2) with respect to a successive investigation 

15 under section 732(f)— 

16 ‘‘(A) shall issue a preliminary determina17 tion under section 733(b) not later than 140 

18 days after initiating the investigation; 

19 ‘‘(B) may not postpone under section 

20 733(c) such deadline for the issuance of a pre21 liminary determination unless requested by the 

22 petitioner; 

23 ‘‘(C) shall obtain the information required 

24 for a determination under section 733(e); 


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1 ‘‘(D) shall make a determination under 

2 section 733(e) with respect to the investigation; 

3 ‘‘(E) shall issue a final determination 

4 under section 735(a) not later than 75 days 

5 after issuing the preliminary determination 

6 under subparagraph (A); and 

7 ‘‘(F) may extend the date of the final de8 termination under section 735(a)(2).’’. 

9 (b) CLERICAL AMENDMENT.—The table of contents 

10 for the Tariff Act of 1930 is amended by inserting after 

11 the item relating to section 783 the following: 

‘‘Sec. 784. Determinations relating to successive investigations.’’. 

12 TITLE II—RESPONDING TO 

13 MARKET DISTORTIONS 

14 SEC. 201. ADDRESSING CROSS-BORDER SUBSIDIES IN 

15 COUNTERVAILING DUTY INVESTIGATIONS. 

16 (a) IN GENERAL.—Section 701(d) of the Tariff Act 

17 of 1930 (19 U.S.C. 1671(d)) is amended— 

18 (1) in the subsection heading, by striking 

19 ‘‘INTERNATIONAL CONSORTIA’’ and inserting ‘‘SPE20 CIAL RULES’’; 

21 (2) by striking ‘‘For purposes’’ and inserting 

22 the following: 

23 ‘‘(1) INTERNATIONAL CONSORTIA AND MULTI24 NATIONAL CORPORATIONS.—For purposes’’; 


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1 (3) in paragraph (1), as so designated, by in2 serting after ‘‘in their respective home countries,’’ 

3 the following: ‘‘or multinational corporations that 

4 are engaged in the production of subject merchan5 dise receive countervailable subsidies to assist, per6 mit, or otherwise enable their production or manu7 facturing operations in the country in which the 

8 class or kind of merchandise is produced, exported, 

9 or sold (or likely to be sold) for importation into the 

10 United States,’’; and 

11 (4) by adding at the end the following: 

12 ‘‘(2) TRANSNATIONAL SUBSIDIES.— 

13 ‘‘(A) IN GENERAL.—For purposes of this 

14 subtitle, if there is a countervailable subsidy 

15 conferred by a government of a country or any 

16 public entity within the territory of a country 

17 that is not the country in which the class or 

18 kind of merchandise is produced, exported, or 

19 sold (or likely to be sold) for importation into 

20 the United States and the government of the 

21 country or any public entity within the territory 

22 of the country in which the class or kind of 

23 merchandise is produced, exported, or sold (or 

24 likely to be sold) for importation into the 

25 United States (hereafter in this subparagraph 


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1 referred to as the ‘subject merchandise coun2 try’) facilitates the provision of such subsidy, 

3 then the administering authority shall treat the 

4 subsidy as having been provided by the govern5 ment of the subject merchandise country or a 

6 public entity within the territory of the subject 

7 merchandise country and shall cumulate all 

8 such countervailable subsidies, as well as 

9 countervailable subsidies provided directly or in10 directly by the government or any public entity 

11 within the territory of the subject merchandise 

12 country. 

13 ‘‘(B) APPLICATION.—This paragraph shall 

14 be applied in a manner consistent with the 

15 international obligations of the United States.’’. 

16 (b) DEFINITIONS.—Subtitle D of title VII of the Tar17 iff Act of 1930 is amended as follows: 

18 (1) In section 771 (19 U.S.C. 1677)— 

19 (A) in paragraph (5A)— 

20 (i) in subparagraph (A), by striking 

21 ‘‘pursuant to subparagraph (D)’’ and in22 serting ‘‘pursuant to subparagraph (E)’’; 

23 (ii) by redesignating subparagraph 

24 (D) as subparagraph (E); and 


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1 (iii) by inserting after subparagraph 

2 (C) the following: 

3 ‘‘(D) TRANSNATIONAL SUBSIDY.—In de4 termining whether a transnational subsidy, in5 cluding subsidies described in subparagraph (B) 

6 or (C) is a specific subsidy, in law or in fact, 

7 the administering authority shall examine the 

8 subsidy practice of the government or public en9 tity that conferred the subsidy.’’; 

10 (B) in paragraph (9)— 

11 (i) in subparagraph (F), by striking 

12 ‘‘and’’ at the end; 

13 (ii) in subparagraph (G), by striking 

14 the period at the end and inserting ‘‘and’’; 

15 and 

16 (iii) by adding at the end the fol17 lowing: 

18 ‘‘(H) in any investigation under subtitle A 

19 involving a transnational subsidy, the govern20 ment of the country that confers the 

21 transnational subsidy.’’; and 

22 (C) by adding at the end the following: 

23 ‘‘(37) TRANSNATIONAL SUBSIDY.—The term 

24 ‘transnational subsidy’, with respect to subject mer25 chandise, means a subsidy conferred by a country 


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1 that is not the country in which the class or kind of 

2 merchandise is produced, exported, or sold (or likely 

3 to be sold) for importation into the United States to 

4 the producer, exporter, or supplier of the producer 

5 or exporter, of the subject merchandise. 

6 ‘‘(38) MULTINATIONAL CORPORATION.—The 

7 term ‘multinational corporation’ means a person, 

8 firm, or corporation which owns or controls, directly 

9 or indirectly, facilities for the production of subject 

10 merchandise in two or more foreign countries.’’. 

11 (2) In section 771A(a)(1), by striking ‘‘in the 

12 same country as the authority’’. 

13 SEC. 202. MODIFICATION OF DEFINITION OF ORDINARY 

14 COURSE OF TRADE TO SPECIFY THAT AN IN15 SUFFICIENT QUANTITY OF FOREIGN LIKE 

16 PRODUCTS CONSTITUTES A SITUATION OUT17 SIDE THE ORDINARY COURSE OF TRADE. 

18 Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 

19 1677(15)) is amended by adding at the end the following: 

20 ‘‘(D) Situations in which the quantity of a 

21 foreign like product selected for comparison 

22 under paragraph (16) is insufficient to establish 

23 that the conditions and practices associated 

24 with such sales have been normal in the trade 

25 under consideration for a reasonable period of 


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1 time prior to the exportation of the subject 

2 merchandise, and permit a proper comparison 

3 to the export price or constructed export 

4 price.’’. 

5 SEC. 203. MODIFICATION OF ADJUSTMENTS TO EXPORT 

6 PRICE AND CONSTRUCTED EXPORT PRICE 

7 WITH RESPECT TO DUTY DRAWBACK. 

8 Section 772(c)(1)(B) of the Tariff Act of 1930 (19 

9 U.S.C. 1677a(c)(1)(B)) is amended— 

10 (1) by striking ‘‘any’’; and 

11 (2) by inserting after ‘‘United States’’ the fol12 lowing: ‘‘, but that amount shall not exceed the per 

13 unit amount of such duties contained in the weight14 ed average cost of production’’. 

15 SEC. 204. MODIFICATION OF DETERMINATION OF CON16 STRUCTED VALUE TO INCLUDE DISTORTIONS 

17 OF COSTS THAT OCCUR IN FOREIGN COUN18 TRIES. 

19 (a) IN GENERAL.—Section 773(b)(3) of the Tariff 

20 Act of 1930 (19 U.S.C. 1677b(b)(3)) is amended— 

21 (1) in subparagraph (A), by striking ‘‘business’’ 

22 and inserting ‘‘trade’’; and 

23 (2) in the matter following subparagraph (C), 

24 by inserting before ‘‘For purposes’’ the following: 

25 ‘‘For purposes of subparagraph (A), if a particular 


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1 market situation exists such that the cost of mate2 rials and fabrication or other processing of any kind 

3 does not accurately reflect the cost of production in 

4 the ordinary course of trade, the administering au5 thority may use another calculation methodology 

6 under this subtitle or any other calculation method7 ology.’’. 

8 (b) MODIFICATION OF DEFINITION OF ORDINARY

9 COURSE OF TRADE TO INCLUDE ADJUSTED COSTS.— 

10 Section 771(15)(C) of the Tariff Act of 1930 (19 U.S.C. 

11 1677(15)(C)) is amended— 

12 (1) by striking ‘‘that the particular market situ13 ation prevents’’ and inserting ‘‘that a particular 

14 market situation exists that— 

15 ‘‘(i) prevents’’; 

16 (2) in clause (i), as designated by paragraph 

17 (1), by striking the period at the end and inserting 

18 ‘‘, relating to normal value determined under sub19 section (a) of section 773; or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(ii) distorts certain costs of produc22 tion, relating to normal value determined 

23 under subsections (b) and (e) of section 

24 773.’’. 


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1 SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF 

2 PRODUCTION AND CONSTRUCTED VALUE TO 

3 ADDRESS DISTORTED COSTS. 

4 (a) IN GENERAL.—Section 773(f)(3) of the Tariff 

5 Act of 1930 (19 U.S.C. 1677b(f)(3)) is amended— 

6 (1) by striking ‘‘(3) MAJOR INPUT RULE.—If’’ 

7 inserting the following: 

8 ‘‘(3) MAJOR INPUT RULE.— 

9 ‘‘(A) IN GENERAL.—If’’; and 

10 (2) by adding at the end of the following: 

11 ‘‘(B) MAJOR INPUTS FROM CERTAIN UNAF12 FILIATED PERSONS.— 

13 ‘‘(i) IN GENERAL.—In the case of a 

14 transaction between the exporter or pro15 ducer of the merchandise and any unaffili16 ated persons described in clause (ii) involv17 ing a major input to the merchandise, the 

18 administering authority may value such 

19 major input based on the information 

20 available as to what the amount would 

21 have been if the transaction had occurred 

22 between the exporter or producer of the 

23 merchandise and any unaffiliated persons 

24 other than unaffiliated persons described 

25 in clause (ii), if such amount is greater 


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1 than that reflected in the records of the ex2 porter or producer of the merchandise. 

3 ‘‘(ii) UNAFFILIATED PERSONS DE4 SCRIBED.—Unaffiliated persons described 

5 in this clause include— 

6 ‘‘(I) any person in a nonmarket 

7 economy country; 

8 ‘‘(II) any producer, exporter, or 

9 supplier of the input described in 

10 clause (i) found by the administering 

11 authority, or by any investigating au12 thority of a third country, to be re13 ceiving a subsidy pertaining to an 

14 identical or comparable input in the 

15 respective country; 

16 ‘‘(III) any producer, exporter, or 

17 supplier of the input described in 

18 clause (i) found by the administering 

19 authority, or by any investigating au20 thority of a third country, to be sell21 ing an identical or comparable input 

22 for less than fair market value in the 

23 respective country; 

24 ‘‘(IV) a government or public 

25 body operating within the territory of 


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1 the exporting country or in any other 

2 country; or 

3 ‘‘(V) a group of governments or 

4 public bodies that collectively account 

5 for a meaningful share of the produc6 tion of the input in the exporting 

7 country or in any other country.’’. 

8 TITLE III—PREVENTING 

9 CIRCUMVENTION 

10 SEC. 301. MODIFICATION OF REQUIREMENTS IN CIR11 CUMVENTION INQUIRIES. 

12 (a) IN GENERAL.—Section 781 of the Tariff Act of 

13 1930 (19 U.S.C. 1677j) is amended by striking subsection 

14 (f) and inserting the following: 

15 ‘‘(f) PROCEDURES FOR CONDUCTING CIRCUMVEN16 TION INQUIRIES.— 

17 ‘‘(1) INITIATION BY ADMINISTERING AUTHOR18 ITY.—A circumvention inquiry shall be initiated 

19 whenever the administering authority determines, 

20 from information available to it, that a formal in21 quiry is warranted into the question of whether the 

22 elements necessary for a determination under this 

23 section exist. 

24 ‘‘(2) INITIATION BY INQUIRY REQUEST.— 


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1 ‘‘(A) IN GENERAL.—A circumvention in2 quiry shall be initiated whenever an interested 

3 party files an inquiry request that alleges the 

4 elements necessary for a determination under 

5 this section, accompanied by information rea6 sonably available to the requestor supporting 

7 those allegations. 

8 ‘‘(B) RULES.—The administering author9 ity shall specify requirements for the contents 

10 and service of an inquiry request under sub11 paragraph (A). 

12 ‘‘(3) ACTION WITH RESPECT TO INQUIRY RE13 QUEST.— 

14 ‘‘(A) IN GENERAL.—Not later than 30 

15 days after the filing of an inquiry request under 

16 paragraph (2)(A), the administering authority 

17 shall— 

18 ‘‘(i) initiate a circumvention inquiry; 

19 ‘‘(ii) dismiss the inquiry request as in20 adequate and notify the requestor in writ21 ing of the reasons for the dismissal; or 

22 ‘‘(iii) notify all interested parties that 

23 the inquiry request will be addressed 

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1 ministering authority as to whether a par2 ticular type of merchandise is within the 

3 class or kind of merchandise described in 

4 an existing finding of dumping or an anti5 dumping or countervailing duty order. 

6 ‘‘(B) EXTENSION.—The administering au7 thority may extend the deadline under subpara8 graph (A) by a period not to exceed 15 days. 

9 ‘‘(4) DETERMINATIONS.— 

10 ‘‘(A) PRELIMINARY DETERMINATIONS.— 

11 ‘‘(i) IN GENERAL.—Except as pro12 vided in clause (ii), not later than 90 days 

13 after the date on which the initiation of a 

14 circumvention inquiry under paragraph (1) 

15 or (3)(A) is published, the administering 

16 authority shall make a preliminary deter17 mination, based on the information avail18 able to it at the time of the determination, 

19 of whether there is a reasonable basis to 

20 believe or suspect that the merchandise 

21 subject to the inquiry is circumventing an 

22 existing finding of dumping or an anti23 dumping or countervailing duty order. 

24 ‘‘(ii) EXTENSION.—The administering 

25 authority may extend the deadline under 


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1 clause (i) by a period not to exceed 45 

2 days. 

3 ‘‘(B) FINAL DETERMINATIONS.— 

4 ‘‘(i) IN GENERAL.—Except as pro5 vided in clause (ii), not later than 120 

6 days after the date on which the prelimi7 nary determination is published under sub8 paragraph (A) with respect to a circumven9 tion inquiry, the administering authority 

10 shall make a final determination of wheth11 er the merchandise subject to the inquiry 

12 is circumventing an existing finding of 

13 dumping or an antidumping or counter14 vailing duty order. 

15 ‘‘(ii) EXTENSION.—The administering 

16 authority may extend the deadline under 

17 clause (i) by a period not to exceed 60 

18 days. 

19 ‘‘(C) OTHER CLASS OR KIND DETERMINA20 TIONS.—If an inquiry request under paragraph 

21 (2)(A) is addressed through a class or kind de22 termination described in paragraph (3)(C), the 

23 administering authority shall make such deter24 mination not later than 335 days after the fil25 ing of the inquiry request. 


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1 ‘‘(5) RULE OF CONSTRUCTION.—The admin2 istering authority may simultaneously initiate a cir3 cumvention inquiry under paragraph (1) or (3)(A) 

4 and issue a preliminary determination under para5 graph (4)(A) if the pattern of circumvention alleged 

6 is similar to that of a prior final determination by 

7 the administering authority.’’. 

8 (b) SUSPENSION OF LIQUIDATION AND COLLECTION

9 OF DEPOSITS OF ENTRIES SUBJECT TO CIRCUMVENTION

10 INQUIRY; APPLICATION OF CIRCUMVENTION DETERMINA11 TION.—Section 781 of the Tariff Act of 1930 (19 U.S.C. 

12 1677j) is further amended by adding at the end the fol13 lowing: 

14 ‘‘(g) SUSPENSION OF LIQUIDATION AND COLLECTION

15 OF DEPOSITS OF ENTRIES SUBJECT TO CIRCUMVENTION

16 INQUIRY.— 

17 ‘‘(1) IN GENERAL.—If the administering au18 thority initiates a circumvention inquiry under para19 graph (1) or (3)(A) of subsection (f), for each unliq20 uidated entry of merchandise subject to the cir21 cumvention inquiry entered or withdrawn from ware22 house, that is already suspended, the administering 

23 authority shall order— 

24 ‘‘(A) the continued suspension of liquida25 tion of such entries; and 


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1 ‘‘(B) the continued posting of a cash de2 posit in an amount equal to the antidumping 

3 duty or countervailing duty applicable for such 

4 entries. 

5 ‘‘(2) PRELIMINARY DETERMINATION.—If the 

6 administering authority issues a preliminary affirm7 ative determination under paragraph (4)(A) of sub8 section (f), the administering authority shall order— 

9 ‘‘(A) the suspension, or continued suspen10 sion, of liquidation of all entries of merchandise 

11 subject to the circumvention inquiry entered, or 

12 withdrawn from warehouse, for consumption on 

13 or after the date of publication of the notice of 

14 initiation of circumvention inquiry under para15 graph (1) or (3)(A) of subsection (f); 

16 ‘‘(B) the suspension, or continued suspen17 sion, of liquidation of all entries of merchandise 

18 subject to the circumvention inquiry entered, or 

19 withdrawn from warehouse, for consumption 

20 prior to the date of publication of the notice of 

21 initiation of circumvention inquiry under para22 graph (1) or (3)(A) of subsection (f) if the ad23 ministering authority determines, in light of the 

24 circumstances, that such suspension under this 

25 paragraph is warranted; and 


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1 ‘‘(C) the posting, or continued posting, of 

2 a cash deposit in an amount equal to the anti3 dumping duty or countervailing duty applicable, 

4 for each entry of merchandise described in sub5 paragraphs (A) and (B). 

6 ‘‘(3) FINAL DETERMINATION.—If the admin7 istering authority issues a final affirmative deter8 mination under paragraph (4)(B) of subsection (f), 

9 the administering authority shall order— 

10 ‘‘(A) the suspension, or continued suspen11 sion, of liquidation of all entries of merchandise 

12 subject to the circumvention inquiry entered, or 

13 withdrawn from warehouse, for consumption on 

14 or after the date of publication of the notice of 

15 initiation of circumvention inquiry under para16 graph (1) or (3)(A) of subsection (f); 

17 ‘‘(B) the suspension, or continued suspen18 sion, of liquidation of all entries of merchandise 

19 subject to the circumvention inquiry entered, or 

20 withdrawn from warehouse, for consumption 

21 prior to the date of publication of the notice of 

22 initiation of circumvention inquiry under para23 graph (1) or (3)(A) of subsection (f) if the ad24 ministering authority determines, in light of the 


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1 circumstances, that such suspension under this 

2 paragraph is warranted; and 

3 ‘‘(C) the posting, or continued posting, of 

4 a cash deposit in an amount equal to the anti5 dumping duty or countervailing duty applicable, 

6 for each entry of merchandise described in sub7 paragraphs (A) and (B). 

8 ‘‘(4) RULE OF CONSTRUCTION.—Nothing in 

9 this section shall be construed to prevent the admin10 istering authority from applying the requirements 

11 under this subsection in a class or kind determina12 tion described in subsection (f)(3)(C). 

13 ‘‘(h) APPLICATION OF CIRCUMVENTION DETERMINA14 TION.— 

15 ‘‘(1) IN GENERAL.—The administering author16 ity shall consider the appropriate remedy to address 

17 circumvention and to prevent evasion of the order 

18 pursuant to a determination described in subsections 

19 (4)(f)(A) and (B). Such remedies may include the 

20 following: 

21 ‘‘(A) The application of the determination 

22 on a producer-specific, exporter-specific, im23 porter-specific basis, or some combination 

24 thereof, and, as appropriate, the implementaVerDate Sep 11 2014 03:41 Dec 11, 2021 Jkt 029200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H6121.IH H6121

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1 tion of a certification requirement under section 

2 785. 

3 ‘‘(B) The application of the determination 

4 on a countrywide basis to all products from the 

5 same country, regardless of producer, exporter, 

6 or importer of those products, and, as appro7 priate, the implementation of a certification re8 quirement under section 785. 

9 ‘‘(2) EXEMPTION FOR CERTIFICATION.—When 

10 a certification requirement is implemented under 

11 this paragraph and the eligible importer or other 

12 party complies with that requirement, antidumping 

13 and countervailing duties under this title may not be 

14 applied to the merchandise under certification.’’. 

15 (c) PUBLICATION IN THE FEDERAL REGISTER.—Sec16 tion 777(i) of the Tariff Act of 1930 is amended by adding 

17 at the end the following: 

18 ‘‘(4) CIRCUMVENTION INQUIRIES.—Whenever 

19 the administering authority makes a determination 

20 under section 781 whether to initiate a circumven21 tion inquiry, or makes a preliminary or final deter22 mination under subsection (f)(4) of that section, the 

23 administering authority shall publish the facts and 

24 conclusions supporting that determination and shall 


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1 publish notice of that determination in the Federal 

2 Register.’’. 

3 (d) ADDING VERIFICATION RESPONSES IN CIR4 CUMVENTION INQUIRIES.—Section 782(i) of the Tariff 

5 Act of 1930 (19 U.S.C. 1677m(i)) is amended— 

6 (1) in paragraph (2), by striking ‘‘and’’ at the 

7 end; 

8 (2) in paragraph (3)(B), by striking the period 

9 at the end and inserting ‘‘, and’’; and 

10 (3) by adding at the end the following: 

11 ‘‘(4) a final determination in a circumvention 

12 inquiry conducted pursuant to section 781 if good 

13 cause for verification is shown.’’. 

14 SEC. 302. REQUIREMENT OF PROVISION BY IMPORTER OF 

15 CERTIFICATION BY IMPORTER OR OTHER 

16 PARTY. 

17 (a) IN GENERAL.—Subtitle D of title VII of the Tar18 iff Act of 1930 (19 U.S.C. 1677 et seq.), as amended by 

19 section 103(a), is further amended by adding at the end 

20 the following: 

21 ‘‘SEC. 785. REQUIREMENT FOR CERTIFICATION BY IM22 PORTER OR OTHER PARTY. 

23 ‘‘(a) REQUIREMENT.— 

24 ‘‘(1) IN GENERAL.—For imports of merchan25 dise into the customs territory of the United States, 


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1 the administering authority may require an importer 

2 or other party— 

3 ‘‘(A) to provide by electronic means, at the 

4 time of entry or with the entry summary, a cer5 tification described in paragraph (2); 

6 ‘‘(B) to maintain that certification; or 

7 ‘‘(C) to otherwise demonstrate compliance 

8 with the requirements for that certification. 

9 ‘‘(2) CERTIFICATION DESCRIBED.—A certifi10 cation described in this paragraph is a certification 

11 by the importer of the merchandise or other party, 

12 as required by the administering authority, that 

13 among other things— 

14 ‘‘(A) the merchandise is not subject to an 

15 antidumping or countervailing duty proceeding 

16 under this title; and 

17 ‘‘(B) the inputs used in production, trans18 formation, or processing of the merchandise are 

19 not subject to an antidumping or countervailing 

20 duty under this title. 

21 ‘‘(3) AVAILABLE UPON REQUEST.—A certifi22 cation required by the administering authority under 

23 paragraph (1), if not already provided, shall be made 

24 available upon request to the administering author25 ity or the Commissioner of U.S. Customs and BorVerDate Sep 11 2014 03:41 Dec 11, 2021 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H6121.IH H6121

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1 der Protection (in this section referred to as the 

2 ‘Commissioner’). 

3 ‘‘(b) AUTHORITY TO COLLECT CASH DEPOSITS AND

4 TO ASSESS DUTIES.— 

5 ‘‘(1) IN GENERAL.—If the administering au6 thority requires an importer or other party to pro7 vide a certification described in paragraph (2) of 

8 subsection (a) for merchandise imported into the 

9 customs territory of the United States pursuant to 

10 paragraph (1) of that subsection, and the importer 

11 or other party does not provide that certification or 

12 that certification contains any false, misleading, or 

13 fraudulent statement or representation or any mate14 rial omission, the administering authority shall in15 struct the Commissioner— 

16 ‘‘(A) to suspend liquidation of the entry; 

17 ‘‘(B) to require that the importer or other 

18 party post a cash deposit in an amount equal 

19 to the antidumping duty or countervailing duty 

20 applicable to the merchandise; and 

21 ‘‘(C) to assess the appropriate rate of duty 

22 upon liquidation or reliquidation of the entry. 

23 ‘‘(2) ASSESSMENT RATE.—If no rate of duty 

24 for an entry is available at the time of assessment 

25 under paragraph (1)(C), the administering authority 


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1 shall identify the applicable cash deposit rate to be 

2 applied to the entry, with the applicable duty rate to 

3 be provided as soon as the duty rate becomes avail4 able. 

5 ‘‘(c) PENALTIES.—If the administering authority re6 quires an importer or other party to provide a certification 

7 described in paragraph (2) of subsection (a) for merchan8 dise imported into the customs territory of the United 

9 States pursuant to paragraph (1) of that subsection, and 

10 the importer or other party does not provide that certifi11 cation or that certification contains any false, misleading, 

12 or fraudulent statement or representation or any material 

13 omission, the importer of the merchandise may be subject 

14 to a penalty pursuant to section 592 of this Act, section 

15 1001 of title 18, United States Code, or any other applica16 ble provision of law.’’. 

17 (b) CLERICAL AMENDMENT.—The table of contents 

18 for the Tariff Act of 1930, as amended by section 103(b), 

19 is further amended by inserting after the item relating to 

20 section 784 the following: 

‘‘Sec. 785. Requirement for certification by importer or other party.’’. 


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1 SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPART2 MENT OF COMMERCE REGARDING DETER3 MINATIONS OF CLASS OR KIND OF MERCHAN4 DISE. 

5 (a) DETERMINATIONS OF CLASS OR KIND OF MER6 CHANDISE.—To determine whether merchandise imported 

7 into the United States is within the class or kind of mer8 chandise covered by an antidumping or countervailing 

9 duty proceeding under title VII of the Tariff Act of 1930 

10 (19 U.S.C. 1671 et seq.), the administering authority may 

11 use any reasonable method and is not bound by the deter12 minations of any other Federal department or agency, in13 cluding tariff classification and country of origin marking 

14 rulings issued by the Commissioner of U.S. Customs and 

15 Border Protection. Class or kind determinations may be 

16 made under this section or under section 781 in accord17 ance with the criteria set forth in this section or in section 

18 781. 

19 (b) ORIGIN OF MERCHANDISE.—To determine the or20 igin of merchandise for purposes of an antidumping or 

21 countervailing duty proceeding under title VII of the Tar22 iff Act of 1930 (19 U.S.C. 1671 et seq.), the administering 

23 authority may apply any reasonable method and may con24 sider relevant factors, including— 


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1 (1) whether the upstream and downstream 

2 products are within the same class or kind of mer3 chandise; 

4 (2) whether an essential characteristic of the 

5 merchandise, or an essential component thereof, is 

6 substantially transformed in the country of expor7 tation; 

8 (3) the physical characteristics of the merchan9 dise; 

10 (4) the value added, nature, and sophistication 

11 of processing in the third country or countries; 

12 (5) the level of investment in the third country 

13 or countries; and 

14 (6) any other factors that the administering au15 thority considers appropriate. 

16 (c) REVIEWABLE DETERMINATIONS.—Section 

17 516A(a)(2)(A)(ii) of the Tariff Act of 1930 (19 U.S.C. 

18 1516a(a)(2)(A)(ii)) is amended to read as follows: 

19 ‘‘(ii) the date of publication in the 

20 Federal Register of notice of a determina21 tion described in clause (iv) of subpara22 graph (B), or, if no such notice is pub23 lished, the date on which the administering 

24 authority conveys a copy of such deterVerDate Sep 11 2014 03:41 Dec 11, 2021 Jkt 029200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H6121.IH H6121

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1 mination to an interested party who is a 

2 party to the proceeding,’’. 

3 SEC. 304. ASSET REQUIREMENTS APPLICABLE TO NON4 RESIDENT IMPORTERS. 

5 (a) IN GENERAL.—Part III of title IV of the Tariff 

6 Act of 1930 (19 U.S.C. 1481 et seq.) is amended by in7 serting after section 484b the following: 

8 ‘‘SEC. 484c. ASSET REQUIREMENTS APPLICABLE TO NON9 RESIDENT IMPORTERS. 

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

11 ‘‘(1) IMPORTER; NONRESIDENT IMPORTER.— 

12 The terms ‘importer’ and ‘nonresident importer’ 

13 have the meanings given those terms in section 

14 641(i). 

15 ‘‘(2) RESIDENT IMPORTER.—The term ‘resident 

16 importer’ means any importer other than a non17 resident importer. 

18 ‘‘(b) REQUIREMENTS FOR NONRESIDENT IMPORT19 ERS.—Except as provided in subsection (c), the Commis20 sioner of U.S. Customs and Border Protection shall— 

21 ‘‘(1) require a nonresident importer that im22 ports merchandise into the United States to main23 tain assets in the United States sufficient to pay all 

24 duties that may potentially be applied to the mer25 chandise; and 


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1 ‘‘(2) require a bond with respect to the mer2 chandise in an amount sufficient to ensure full liabil3 ity on the part of a nonresident importer and the 

4 surety of the importer based on the amount of assets 

5 the Commissioner determines to be sufficient under 

6 subsection (c). 

7 ‘‘(c) DETERMINATION OF AMOUNT OF ASSETS RE8 QUIRED TO BE MAINTAINED.—For purposes of sub9 section (b)(1), the Commissioner shall calculate the 

10 amount of assets sufficient to pay all duties that may po11 tentially be applied to merchandise imported by a non12 resident importer, calculated using the declared customs 

13 value of the merchandise, of all duties, fees, interest, 

14 taxes, or other charges, and all deposits for duties, fees, 

15 interest, taxes, or other charges, that would apply with 

16 respect to the merchandise if the merchandise were subject 

17 to the highest rate of all duties applicable to such imported 

18 merchandise. 

19 ‘‘(d) MAINTENANCE OF ASSETS IN THE UNITED

20 STATES.— 

21 ‘‘(1) IN GENERAL.—For purposes of subsection 

22 (b)(1), a nonresident importer of merchandise meets 

23 the requirement to maintain assets in the United 

24 States if the importer has clear title, at all times be25 tween the entry of the merchandise and the liquidaVerDate Sep 11 2014 03:41 Dec 11, 2021 Jkt 029200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H6121.IH H6121

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1 tion of the entry and payment in full of all cor2 responding bills issued as a result of the liquidation, 

3 to assets described in paragraph (2) with a value 

4 equal to the amount determined under subsection 

5 (c). 

6 ‘‘(2) ASSETS DESCRIBED.—An asset described 

7 in this paragraph is— 

8 ‘‘(A) an asset held by a United States fi9 nancial institution; 

10 ‘‘(B) an interest in an entity organized 

11 under the laws of the United States or any ju12 risdiction within the United States; or 

13 ‘‘(C) an interest in real or personal prop14 erty located in the United States or any terri15 tory or possession of the United States. 

16 ‘‘(e) EXCEPTIONS.—The requirements of this section 

17 shall not apply with respect to a nonresident importer— 

18 ‘‘(1) that is a validated Tier 2 or Tier 3 partici19 pant in the Customs-Trade Partnership Against 

20 Terrorism program established under subtitle B of 

21 title II of the Security and Accountability For Every 

22 Port Act of 2006 (6 U.S.C. 961 et seq.); or 

23 ‘‘(2) if the Commissioner is satisfied, based on 

24 certified information supplied by the importer and 

25 any other relevant evidence, that the Commissioner 


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1 has the same or equivalent ability to collect all du2 ties that may potentially be applied to merchandise 

3 imported by the importer as the Commissioner 

4 would have if the importer were a resident importer. 

5 ‘‘(f) PROCEDURES.— 

6 ‘‘(1) IN GENERAL.—The Commissioner shall 

7 prescribe procedures for assuring that nonresident 

8 importers maintain the assets required by subsection 

9 (b). 

10 ‘‘(2) DEADLINE.—The Commissioner shall en11 sure the procedures required by paragraph (1) are 

12 prescribed and in effect not later than 90 days after 

13 the date of the enactment of this Act. 

14 ‘‘(g) PENALTIES.— 

15 ‘‘(1) IN GENERAL.—It shall be unlawful for any 

16 person to import into the United States any mer17 chandise in violation of this section. 

18 ‘‘(2) CIVIL PENALTIES.—Any person who vio19 lates paragraph (1) shall— 

20 ‘‘(A) in the case of merchandise described 

21 in such paragraph with a domestic value that is 

22 equal to or greater than $50,000, be liable for 

23 a civil penalty of $50,000 for each such viola24 tion; or 


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1 ‘‘(B) in the case of merchandise described 

2 in such paragraph with a domestic value that is 

3 less than $50,000, be liable for a civil penalty 

4 equal to 50 percent of the amount of such do5 mestic value for each such violation. 

6 ‘‘(3) OTHER PENALTIES.—In addition to the 

7 penalties specified in paragraph (2), any violation of 

8 this section that violates any other provision of the 

9 customs and trade laws of the United States (as de10 fined in section 2 of the Trade Facilitation and 

11 Trade Enforcement Act of 2015 (19 U.S.C. 4301)) 

12 shall be subject to any applicable civil or criminal 

13 penalty, including seizure and forfeiture, that may 

14 be imposed under that provision or title 18, United 

15 States Code.’’. 

16 (b) CLERICAL AMENDMENT.—The table of contents 

17 for the Tariff Act of 1930 is amended by inserting after 

18 the item relating to section 484b the following: 

‘‘Sec. 484c. Asset requirements applicable to nonresident importers.’’. 

19 (c) EFFECTIVE DATE.—Section 484c of the Tariff 

20 Act of 1930, as added by subsection (a)— 

21 (1) takes effect on the date of the enactment of 

22 this Act; and 

23 (2) applies with respect to merchandise entered, 

24 or withdrawn from warehouse for consumption, on 


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1 or after the date that is 180 days after such date 

2 of enactment. 

3 TITLE IV—COUNTERING 

4 CURRENCY UNDERVALUATION 

5 SEC. 401. INVESTIGATION OR REVIEW OF CURRENCY 

6 UNDERVALUATION UNDER COUNTERVAILING 

7 DUTY LAW. 

8 Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 

9 1671a(c)) is amended by adding at the end the following: 

10 ‘‘(6) CURRENCY UNDERVALUATION.—For pur11 poses of a countervailing duty investigation under 

12 this subtitle in which the determinations under 

13 clauses (i) and (ii) of paragraph (1)(A) are affirma14 tive and the petition includes an allegation of cur15 rency undervaluation by the government of a coun16 try or any public entity within the territory of a 

17 country that meets the requirements of clause (i) of 

18 that paragraph, or for purposes of a review under 

19 subtitle C with respect to a countervailing duty 

20 order involving such an allegation, the administering 

21 authority shall examine in its investigation or review 

22 whether currency undervaluation by the government 

23 of a country or any public entity within the territory 

24 of a country is providing, directly or indirectly, a 

25 countervailable subsidy.’’. 


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1 SEC. 402. DETERMINATION OF BENEFIT WITH RESPECT TO 

2 CURRENCY UNDERVALUATION. 

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

4 U.S.C. 1677(5)(E)) is amended— 

5 (1) in clause (iii), by striking ‘‘, and’’ and in6 serting a comma; 

7 (2) in clause (iv), by striking the period at the 

8 end and inserting ‘‘, and’’; 

9 (3) by inserting after clause (iv) the following: 

10 ‘‘(v) in the case of a transaction involving currency, 

11 if there is a difference between the amount of currency 

12 received in exchange for United States dollars and the 

13 amount of currency that the recipient would have received 

14 absent an undervalued currency.’’; and 

15 (4) in the flush text following clause (v), as 

16 added by paragraph (3), by adding at the end the 

17 following: ‘‘For purposes of clause (v), a determina18 tion of the existence and amount of a benefit from 

19 the exchange of an undervalued currency shall take 

20 into account a comparison of the exchange rates de21 rived from a methodology determined by the admin22 istering authority to be appropriate in light of the 

23 facts and circumstances to the relevant actual ex24 change rates. That determination shall rely on au25 thoritative information that is on the administrative 

26 record.’’. 


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1 TITLE V—PREVENTING DUTY 

2 EVASION 

3 SEC. 501. LIMITATION ON PROTEST AGAINST DECISIONS OF 

4 U.S. CUSTOMS AND BORDER PROTECTION OF 

5 CLAIMS OF EVASION OF ANTIDUMPING AND 

6 COUNTERVAILING DUTY ORDERS. 

7 The Tariff Act of 1930 is amended— 

8 (1) in section 514(b) (19 U.S.C. 1514(b))— 

9 (A) by striking ‘‘title, determinations’’ and 

10 inserting ‘‘title, or with respect to determina11 tions made under section 517 of this title which 

12 are reviewable under subsection (g) of such sec13 tion, determinations’’; and 

14 (B) by inserting after ‘‘a determination 

15 listed in section 516A of this title’’ the fol16 lowing: ‘‘or a determination listed in section 

17 517 of this title, as the case may be,’’; and 

18 (2) in section 517(h) (19 U.S.C. 1517(h)), by 

19 adding at the end before the period the following: ‘‘, 

20 except that any decision as to the liquidation or re21 liquidation of an entry of covered merchandise in ac22 cordance with a determination under subsection (c) 

23 and review under subsection (f), if applicable, shall 

24 not be subject to a protest of such decision filed in 

25 accordance with section 514’’. 


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1 SEC. 502. PROCEDURES FOR INVESTIGATING CLAIMS OF 

2 EVASION OF SAFEGUARD ACTIONS. 

3 (a) TARIFF ACT OF 1930.—Section 517 of the Tariff 

4 Act of 1930 (19 U.S.C. 1517) is amended— 

5 (1) in the section heading, by adding at the end 

6 before the period the following: ‘‘AND SAFEGUARD

7 ACTIONS’’; 

8 (2) in subsection (a)— 

9 (A) in paragraph (3)— 

10 (i) in subparagraph (A), by striking 

11 ‘‘or’’ at the end; 

12 (ii) in subparagraph (B), by striking 

13 the period at the end and inserting ‘‘; or’’; 

14 and 

15 (iii) by adding at the end the fol16 lowing: 

17 ‘‘(C) an action taken under section 203 of 

18 the Trade Act of 1974 (19 U.S.C. 2253).’’; and 

19 (B) in paragraph (5)(A), by inserting after 

20 ‘‘applicable antidumping or countervailing du21 ties’’ the following: ‘‘or any applicable safe22 guard action’’; 

23 (3) in subparagraphs (A) and (B) of subsection 

24 (b)(4), by inserting after ‘‘covered merchandise’’ 

25 each place it appears the following: ‘‘under subpara26 graph (A) or (B) of subsection (a)(3)’’; and 


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1 (4) in subsection (d)(1)— 

2 (A) in subparagraph (C)— 

3 (i) in the matter preceding clause (i), 

4 by inserting after ‘‘(C)’’ the following: ‘‘if 

5 the determination relates to covered mer6 chandise under subparagraph (A) or (B) of 

7 subsection (a)(3),’’; and 

8 (ii) in clause (i), by inserting after 

9 ‘‘subparagraphs (A) and (B)’’ the fol10 lowing: ‘‘of this paragraph’’; and 

11 (B) in subparagraph (D)— 

12 (i) by inserting after ‘‘(D)’’ the fol13 lowing: ‘‘if the determination relates to 

14 covered merchandise under subparagraph 

15 (A) or (B) of subsection (a)(3),’’; and 

16 (ii) by inserting after ‘‘subparagraphs 

17 (A) and (B)’’ the following: ‘‘of this para18 graph’’. 

19 (b) TRADE FACILITATION AND TRADE ENFORCE20 MENT ACT OF 2015.—The Trade Facilitation and Trade 

21 Enforcement Act of 2015 is amended— 

22 (1) in section 402 (19 U.S.C. 4361)— 

23 (A) in paragraph (2)— 

24 (i) in subparagraph (A), by striking 

25 ‘‘or’’ at the end; 


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1 (ii) in subparagraph (B), by striking 

2 the period at the end and inserting ‘‘; or’’; 

3 and 

4 (iii) by adding at the end the fol5 lowing: 

6 ‘‘(C) an action taken under section 203 of 

7 the Trade Act of 1974 (19 U.S.C. 2253).’’; 

8 (B) in paragraph (5), by inserting after 

9 ‘‘applicable antidumping or countervailing du10 ties’’ the following: ‘‘or any applicable safe11 guard action’’; and 

12 (C) in paragraph (7), by adding at the end 

13 before the period the following: ‘‘and chapter 1 

14 of title II of the Trade Act of 1974 (19 U.S.C. 

15 2251 et seq.)’’; and 

16 (2) in section 412 (19 U.S.C. 4372)— 

17 (A) in subsection (a)(2)— 

18 (i) by redesignating subparagraphs 

19 (A), (B), and (C) as subparagraphs (B), 

20 (C), and (D), respectively; and 

21 (ii) by inserting before subparagraph 

22 (B), as redesignated, the following: 

23 ‘‘(A) a person reasonably suspected of en24 tering covered merchandise into the customs 


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1 territory of the United States through eva2 sion’’;’’; and 

3 (B) in subsection (b)(1)— 

4 (i) in subparagraph (B)— 

5 (I) by redesignating clauses (i), 

6 (ii), and (iii) as clauses (ii), (iii), and 

7 (iv), respectively; and 

8 (II) by inserting before clause 

9 (ii), as redesignated, the following: 

10 ‘‘(i) a person from whom information 

11 was requested pursuant to subsection 

12 (a)(2)(A);’’; and 

13 (ii) in subparagraph (C), by striking 

14 ‘‘clause (ii) or (iii)’’ and inserting ‘‘clause 

15 (i), (iii), or (iv)’’. 

16 SEC. 503. APPLICATION OF PROVISIONS RELATING TO CER17 TAIN PROPRIETARY INFORMATION. 

18 (a) IN GENERAL.—Section 517 of the Tariff Act of 

19 1930 (19 U.S.C. 1517), as amended by section 502(a), 

20 is further amended by adding at the end the following: 

21 ‘‘(i) APPLICATION OF PROVISIONS RELATING TO

22 CERTAIN PROPRIETARY INFORMATION.— 

23 ‘‘(1) IN GENERAL.—Except as provided in para24 graph (2), the provisions of subsections (b), (c), and 

25 (d) of section 777, relating to information submitted 


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1 in connection with proceedings under title VII of 

2 this Act, shall apply with respect to information sub3 mitted in connection with proceedings under this 

4 section to the same extent and in the same manner 

5 as such provisions apply to information submitted in 

6 connection with proceedings under such title VII. 

7 ‘‘(2) EXCEPTIONS.—In carrying out paragraph 

8 (1), the provisions of subsections (b), (c), and (d) of 

9 section 777 shall be applied and administered as fol10 lows: 

11 ‘‘(A) By substituting ‘the Commissioner’ 

12 for ‘the administering authority or the Commis13 sion’ and ‘the administering authority and the 

14 Commission’ each place either such term ap15 pears. 

16 ‘‘(B) Paragraphs (1)(A)(ii) and (3) of such 

17 subsection (b) shall not apply. 

18 ‘‘(C) The second and third sentences of 

19 such subsection (c)(1)(A) shall not apply. 

20 ‘‘(D) In such subsection (c)— 

21 ‘‘(i) in paragraph (1)— 

22 ‘‘(I) in subparagraph (B), by 

23 substituting ‘determine to be appro24 priate’ for ‘determine to be approVerDate Sep 11 2014 03:41 Dec 11, 2021 Jkt 029200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H6121.IH H6121

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1 priate, including disbarment from 

2 practice before the agency’; and 

3 ‘‘(II) in subparagraph (C)— 

4 ‘‘(aa) in clause (i), by sub5 stituting ‘14 days’ for ‘14 days 

6 (7 days if the submission per7 tains to a proceeding under sec8 tion 703(a) or 733(a))’; and 

9 ‘‘(bb) in the text following 

10 clause (ii)(II), by substituting ‘30 

11 days’ for ‘30 days (10 days if the 

12 submission pertains to a pro13 ceeding under section 703(a) or 

14 733(a))’; and 

15 ‘‘(ii) in paragraph (2), by substituting 

16 ‘United States Court of International 

17 Trade’ for ‘United States Customs 

18 Court’.’’. 

19 (b) REGULATIONS.—The Commissioner of U.S. Cus20 toms and Border Protection shall prescribe such regula21 tions as may be necessary to implement subsection (i) of 

22 section 517 of the Tariff Act of 1930 (19 U.S.C. 1517), 

23 as added by subsection (a). 


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1 (c) EFFECTIVE DATE.—The amendment made by 

2 subsection (a) shall take effect on the date that is 180 

3 days after the date of the enactment of this Act. 

4 TITLE VI—GENERAL 

5 PROVISIONS 

6 SEC. 601. APPLICATION TO CANADA AND MEXICO. 

7 Pursuant to section 418 of the United States-Mexico8 Canada Agreement Implementation Act (19 U.S.C. 4588), 

9 the amendments made by this Act apply with respect to 

10 goods from Canada and Mexico. 

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

12 2008. 

13 The second title VIII of the Tariff Act of 1930 (19 

14 U.S.C. 1683 et seq.; relating to softwood lumber), as 

15 added by section 3301 of the Food, Conservation, and En16 ergy Act of 2008 (Public Law 110–246; 122 Stat. 1844), 

17 is repealed. 

18 SEC. 603. EFFECTIVE DATE. 

19 (a) IN GENERAL.—Except as otherwise provided and 

20 except as provided by subsection (b) or (c), the amend21 ments made by this Act apply to countervailing duty inves22 tigations initiated under subtitle A of title VII of the Tar23 iff Act of 1930 (19 U.S.C. 1671 et seq.), antidumping 

24 duty investigations initiated under subtitle B of title VII 

25 of such Act (19 U.S.C. 1673 et seq.), reviews initiated 


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1 under subtitle C of title VII of such Act (19 U.S.C. 1675 

2 et seq.), circumvention inquiries requested under section 

3 781 of such Act (19 U.S.C. 1677j), class or kind deter4 minations under section 303 of this Act, claims of evasion 

5 of antidumping and countervailing duty orders initiated 

6 under the Tariff Act of 1930, and claims of evasion of 

7 safeguard actions initiated under the Tariff Act of 1930 

8 on or after the date of the enactment of this Act. 

9 (b) APPLICABILITY.— 

10 (1) IN GENERAL.—The amendments made by 

11 this Act apply to— 

12 (A) investigations or reviews under title 

13 VII of the Tariff Act of 1930 pending on the 

14 date of the enactment of this Act if the date on 

15 which the fully extended preliminary determina16 tion is scheduled is not earlier than 45 days 

17 after such date of enactment, except that sec18 tion 784 of the Tariff Act of 1930, as added by 

19 section 103 of this Act, shall not apply to inves20 tigations under title VII of the Tariff Act of 

21 1930 that are pending on such date of enact22 ment; 

23 (B) circumvention inquiries under section 

24 781 of the Tariff Act of 1930 pending on such 

25 date of enactment, if the date of publication of 


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1 the initiation of the inquiry is not earlier than 

2 45 days before such date of enactment; and 

3 (C) circumvention inquiries requested 

4 under such section 781 but not initiated before 

5 such date of enactment. 

6 (2) DEADLINES FOR CIRCUMVENTION INQUIR7 IES.— 

8 (A) DETERMINATIONS.—In the case of a 

9 circumvention inquiry described in paragraph 

10 (1)(B), subsection (f)(4) of section 781 of the 

11 Tariff Act of 1930, as amended by section 

12 301(a), shall be applied and administered— 

13 (i) in subparagraph (A)(i), by sub14 stituting ‘‘the date of the enactment of the 

15 Eliminating Global Market Distortions to 

16 Protect American Jobs Act of 2021’’ for 

17 ‘‘the date on which the initiation of a cir18 cumvention inquiry under paragraph (1) or 

19 (3)(A) is published’’; and 

20 (ii) in subparagraph (C), by sub21 stituting ‘‘the date of the enactment of the 

22 Eliminating Global Market Distortions to 

23 Protect American Jobs Act of 2021’’ for 

24 ‘‘the filing of the inquiry request’’. 


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1 (B) ACTIONS WITH RESPECT TO INQUIRY

2 REQUESTS.—In this case of a circumvention in3 quiry described in paragraph (1)(C), the admin4 istering authority (as defined in section 771(1) 

5 of the Tariff Act of 1930 (19 U.S.C. 1677(1))) 

6 shall, not later than 45 days after the date of 

7 the enactment of this Act, take an action de8 scribed in subsection (f)(3) of section 781 of 

9 the Tariff Act of 1930, as amended by section 

10 301, with respect to the inquiry. 

Æ 


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