I 

110TH CONGRESS 

1ST SESSION H. R. 1127 

To amend the Tariff Act of 1930 to allow United States manufacturers 

that use products subject to countervailing or antidumping duty proceedings or use domestic like products to participate in those proceedings 

as interested parties, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 16, 2007 

Mr. KNOLLENBERG introduced the following bill; which was referred to the 

Committee on Ways and Means 

A BILL 

To amend the Tariff Act of 1930 to allow United States 

manufacturers that use products subject to countervailing or antidumping duty proceedings or use domestic 

like products to participate in those proceedings as interested parties, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘American Manufac5 turing Competitiveness Act’’. 

6 SEC. 2. FINDINGS. 

7 The Congress finds the following: 


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1 (1) The competitiveness of manufacturing in2 dustries in the United States must be a priority for 

3 the United States Government. 

4 (2) Antidumping and countervailing duty laws 

5 of the United States are in the interest of the 

6 United States, when applied in an objective and fair 

7 manner, to prevent unfair pricing and subsidized 

8 competition. 

9 (3) Imposing antidumping and countervailing 

10 duties may harm United States industrial users of 

11 imported goods or domestic like products, because 

12 those users rely on such goods to manufacture prod13 ucts in the United States. 

14 (4) Current law does not permit United States 

15 industrial users to participate fully in antidumping 

16 or countervailing duty cases that might affect their 

17 businesses substantially; nor can decisionmakers in 

18 these cases consider, under United States law, the 

19 effects on United States industrial users in deter20 mining whether to impose antidumping or counter21 vailing duties. 

22 (5) It is a matter of fundamental fairness that 

23 businesses in the United States that may be affected 

24 by antidumping and countervailing duties should be 


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1 able to participate meaningfully in the process by 

2 which decisions regarding those duties are made. 

3 (6) In order to ensure economically sound deci4 sions and the health of United States manufactur5 ers, the benefits of imposing antidumping and coun6 tervailing duties should be balanced against the eco7 nomic harm caused by imposing those duties, and 

8 antidumping and countervailing duties should not be 

9 imposed if the harm is greater than the benefits of 

10 imposing such duties. 

11 SEC. 3. PARTICIPATION OF INDUSTRIAL USERS IN COUN12 TERVAILING AND ANTIDUMPING DUTY PRO13 CEEDINGS. 

14 Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 

15 et seq.) is amended as follows: 

16 (1) Section 701(a) (19 U.S.C. 1671(a)) is 

17 amended— 

18 (A) by striking ‘‘and’’ at the end of para19 graph (1); 

20 (B) by adding ‘‘and’’ after ‘‘merchandise 

21 for importation,’’ at the end of paragraph (2); 

22 and 

23 (C) by inserting after paragraph (2) the 

24 following: 


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1 ‘‘(3) the Commission determines that the impo2 sition of a countervailing duty on such merchandise 

3 equal to the amount of the net countervailable sub4 sidy would result in greater benefits to that United 

5 States industry than harm to United States indus6 trial users,’’. 

7 (2) Section 702(b)(4)(B) (19 U.S.C. 

8 1671a(b)(4)(B)) is amended by striking ‘‘or (G)’’ 

9 and inserting ‘‘(G), or (H)’’. 

10 (3) Section 703 (19 U.S.C. 1671b) is amend11 ed— 

12 (A) in subsection (a)(1), in the first sen13 tence, by striking ‘‘and that imports of the sub14 ject merchandise are not negligible’’ and insert15 ing ‘‘, that imports of the subject merchandise 

16 are not negligible, and that the imposition of a 

17 countervailing duty on the subject merchandise 

18 equal to the amount of the net countervailable 

19 subsidy would result in greater benefits to that 

20 United States industry than harm to United 

21 States industrial users’’; and 

22 (B) in subsection (b)(3), by striking ‘‘or 

23 (G)’’ each place it appears and inserting ‘‘(G), 

24 or (H)’’. 


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1 (4) Section 704(a)(2)(B) (19 U.S.C. 

2 1671c(a)(2)(B)) is amended— 

3 (A) in clause (i), by inserting ‘‘(other than 

4 United States industrial users)’’ after ‘‘con5 sumers’’; 

6 (B) by striking ‘‘and’’ at the end of clause 

7 (ii); 

8 (C) by striking the period at the end of 

9 clause (iii) and inserting ‘‘; and’’; and 

10 (D) by adding after clause (iii) the fol11 lowing: 

12 ‘‘(iv) the relative impact on the com13 petitiveness of United States industrial 

14 users, including, but not limited to, any 

15 such impact on employment by and invest16 ment in United States industrial users.’’. 

17 (5) Section 704(g)(2) (19 U.S.C. 1671c(g)(2)) 

18 is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 

19 or (H)’’. 

20 (6) Section 704(h)(1) (19 U.S.C. 1671c(h)(1)) 

21 is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 

22 or (H)’’. 

23 (7) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) 

24 is amended in the first sentence, by inserting before 

25 the period the following: ‘‘, and whether the imposiVerDate Aug 31 2005 03:48 Feb 22, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1127.IH H1127

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1 tion of a countervailing duty on the subject mer2 chandise in an amount equal to the net 

3 countervailable subsidy would result in greater bene4 fits to that United States industry than harm to 

5 United States industrial users’’. 

6 (8) Section 731 (19 U.S.C. 1673) is amended— 

7 (A) by striking ‘‘and’’ at the end of para8 graph (1); 

9 (B) by adding ‘‘and’’ after ‘‘that merchan10 dise for importation,’’ at the end of paragraph 

11 (2); and 

12 (C) by inserting after paragraph (2) the 

13 following: 

14 ‘‘(3) the Commission determines that the impo15 sition of an antidumping duty on the subject mer16 chandise under this subtitle would result in greater 

17 benefits to that United States industry than harm to 

18 United States industrial users,’’. 

19 (9) Section 732(b)(3)(B) (19 U.S.C. 

20 1673a(b)(3)(B)) is amended by striking ‘‘or (G)’’ 

21 and inserting ‘‘(G), or (H)’’. 

22 (10) Section 733 (19 U.S.C. 1673b) is amend23 ed— 

24 (A) in subsection (a), in the first sentence, 

25 by striking ‘‘and that imports of the subject 


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1 merchandise are not negligible’’ and inserting ‘‘, 

2 that imports of the subject merchandise are not 

3 negligible, and that the imposition of an anti4 dumping duty on the subject merchandise 

5 under this subtitle would result in greater bene6 fits to that United States industry than harm 

7 to United States industrial users’’; and 

8 (B) in subsection (b)(2), by striking ‘‘or 

9 (G)’’ each place it appears and inserting ‘‘(G), 

10 or (H)’’. 

11 (11) Section 734(a)(2)(B) (19 U.S.C. 

12 1673c(a)(2)(B)) is amended— 

13 (A) in clause (i), by inserting ‘‘(other than 

14 United States industrial users)’’ after ‘‘con15 sumers’’; 

16 (B) by striking ‘‘and’’ at the end of clause 

17 (ii); 

18 (C) by striking the period at the end of 

19 clause (iii) and inserting ‘‘; and’’; and 

20 (D) by adding after clause (iii) the fol21 lowing: 

22 ‘‘(iv) the relative impact on the com23 petitiveness of United States industrial 

24 users, including, but not limited to, any 


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1 such impact on employment by and invest2 ment in United States industrial users.’’. 

3 (12) Section 734(g)(2) (19 U.S.C. 1673c(g)(2)) 

4 is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 

5 or (H)’’. 

6 (13) Section 734(h)(1) (19 U.S.C. 1673c(h)(1)) 

7 is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 

8 or (H)’’. 

9 (14) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) 

10 is amended in the first sentence, by inserting before 

11 the period the following: ‘‘, and whether the imposi12 tion of an antidumping duty on the subject mer13 chandise under this subtitle would result in greater 

14 benefits to that United States industry than harm to 

15 United States industrial users’’. 

16 (15) Section 736(c) (19 U.S.C. 1673e(c)) is 

17 amended— 

18 (A) in paragraph (1)(C), by inserting 

19 ‘‘United States industrial user,’’ after ‘‘pro20 ducer,’’ the first place it appears; and 

21 (B) in paragraph (4)(A), by striking ‘‘or 

22 (G)’’ and inserting ‘‘(G), or (H)’’. 

23 (16) Section 751 (19 U.S.C. 1675) is amend24 ed— 

25 (A) in subsection (b)(2)— 


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1 (i) in subparagraph (A), by inserting 

2 after ‘‘material injury,’’ the following: ‘‘and 

3 (if that determination is affirmative) 

4 whether continuing the countervailing duty 

5 order or antidumping duty order or finding 

6 would result in greater benefits to the 

7 United States industry than harm to 

8 United States industrial users,’’; and 

9 (ii) in subparagraph (C), by inserting 

10 after ‘‘material injury’’ the following: ‘‘, 

11 and (if the latter determination is affirma12 tive) whether continuing the suspended in13 vestigation would result in greater benefits 

14 to the United States industry than harm to 

15 United States industrial users’’; 

16 (B) in subsection (c)— 

17 (i) in paragraph (1), by inserting be18 fore the period at the end the following: ‘‘, 

19 and (if that determination is affirmative) 

20 whether continuing the countervailing duty 

21 order or antidumping duty order, or con22 tinuing the suspended investigation, would 

23 result in greater benefits to the United 

24 States industry than harm to United 

25 States industrial users’’; 


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1 (ii) in paragraph (3)(A), by striking 

2 ‘‘and (G)’’ and inserting ‘‘(G), or (H)’’; 

3 and 

4 (iii) in paragraph (4)— 

5 (I) in subparagraph (A), by strik6 ing ‘‘or (B)’’ and inserting ‘‘, (B), or 

7 (H)’’; and 

8 (II) in subparagraph (B), by in9 serting ‘‘described in section 

10 771(9)(A) or (B)’’ after ‘‘an inter11 ested party’’; and 

12 (C) in subsection (d)(2)(B), by inserting 

13 before the period the following: ‘‘and that con14 tinuation of the order, finding, or investigation, 

15 as the case may be, would result in greater ben16 efits to the United States industry than harm 

17 to United States industrial users’’. 

18 (17) Section 752(a)(1) (19 U.S.C. 1675a(a)(1)) 

19 is amended— 

20 (A) in the first sentence, by inserting be21 fore the period the following: ‘‘, and (if that de22 termination is affirmative) whether continuation 

23 of the order or investigation, as the case may 

24 be, would result in greater benefits to the 


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1 United States industry than harm to United 

2 States industrial users’’; and 

3 (B) in the second sentence, by inserting 

4 ‘‘and on United States industrial users’’ after 

5 ‘‘industry’’. 

6 (18) Section 753(a)(1) (19 U.S.C. 1675b(a)(1)) 

7 is amended— 

8 (A) by striking ‘‘or (G)’’ and inserting 

9 ‘‘(G), or (H)’’; and 

10 (B) by inserting before the period the fol11 lowing: ‘‘, and (if that determination is affirma12 tive) whether imposition of the countervailing 

13 duty would result in greater benefits to the 

14 United States industry than harm to United 

15 States industrial users’’. 

16 (19) Section 771 (19 U.S.C. 1677(9)) is 

17 amended— 

18 (A) in paragraph (9)— 

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

20 ‘‘and’’ at the end; 

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

22 the period at the end and inserting ‘‘, 

23 and’’; and 

24 (iii) by adding at the end the fol25 lowing: 


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1 ‘‘(H) a United States industrial user, or a 

2 trade or business association a majority of 

3 whose members are United States industrial 

4 users.’’; and 

5 (B) by inserting after paragraph (9) the 

6 following: 

7 ‘‘(9A) UNITED STATES INDUSTRIAL USER.— 

8 The term ‘United States industrial user’ means a 

9 manufacturer or producer that uses subject mer10 chandise or a domestic like product in the manufac11 ture or production of any product in the United 

12 States.’’. 

13 (20) Section 771 (19 U.S.C. 1677) is amended 

14 by adding at the end the following new paragraph: 

15 ‘‘(37) EVALUATION OF BENEFITS TO UNITED

16 STATES INDUSTRY AND HARM TO UNITED STATES

17 INDUSTRIAL USERS.—In considering the potential 

18 benefits to the industry in the United States materi19 ally injured or threatened with material injury (in 

20 this paragraph referred to as the ‘United States in21 dustry’), and harm to United States industrial users, 

22 from the imposition or continuation of antidumping 

23 or countervailing duties under sections 701(a), 

24 703(a), 705(b), 731, 733(a), 735(b), 751(b), 751(c), 

25 751(d), 752(a), and 753(a), the Commission shall 


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1 weigh harm to United States industrial users as a 

2 whole, taking into account the following factors: 

3 ‘‘(A) Likely harm to United States indus4 trial users from declines in output, sales, mar5 ket share, profits, productivity, return on in6 vestments, and utilization of capacity in the 

7 production of downstream products, compared 

8 to likely benefits to the United States industry 

9 with respect to those factors. 

10 ‘‘(B) Likely harm to United States indus11 trial users from negative impact on cash flow, 

12 inventories, employment, wages, growth, ability 

13 to raise capital, and investment, compared to 

14 likely benefits to the United States industry 

15 with respect to those factors. 

16 ‘‘(C) Likely negative effects on the existing 

17 development and production efforts of United 

18 States industrial users, including efforts to de19 velop a derivative or more advanced version of 

20 their products for manufacture or production in 

21 the United States, compared to likely benefits 

22 to the United States industry with respect to 

23 those factors. 

24 ‘‘(D) The effect of increased costs or prices 

25 for the subject merchandise and domestic like 


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1 products and reduced availability of the subject 

2 merchandise and domestic like products on the 

3 competitiveness of United States industrial 

4 users located in the market, including the ex5 tent to which United States industrial users 

6 and their customers would be able to pass on 

7 additional costs resulting from antidumping and 

8 countervailing duties, compared to likely bene9 fits to the United States industry with respect 

10 to those factors. 

11 ‘‘(E) Such other economic factors as the 

12 Commission determines are relevant to the po13 tential impact of the imposition or continuation 

14 of duties, as the case may be, on the United 

15 States industry and on United States industrial 

16 users. 

17 The Commission may determine harm to United 

18 States industrial users only if United States indus19 trial users have presented credible evidence of such 

20 harm.’’. 

21 (21) Section 777(h) (19 U.S.C. 1677f(h)) is 

22 amended— 

23 (A) by striking ‘‘AND INDUSTRIAL USERS’’ 

24 in the subsection heading; and 


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1 (B) by striking ‘‘for industrial users of the 

2 subject merchandise and, if the merchandise’’ 

3 and inserting ‘‘, if the subject merchandise or 

4 a domestic like product’’. 

5 (22) Section 782(i)(3)(A) (19 U.S.C. 

6 1677m(i)(3)(A)) is amended by striking ‘‘or (G)’’ 

7 and inserting ‘‘(G), or (H)’’. 

Æ 


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