H. R. 1295—15 
(B) by striking ‘‘quarterly’’ and inserting ‘‘annual’’; and 
(C) by striking ‘‘data’’ and inserting ‘‘measures’’; and 
(5) by adding at the end the following: 
‘‘(4) ACCESSIBILITY OF STATE PERFORMANCE REPORTS.—The 
Secretary shall, on an annual basis, make available (including 
by electronic means), in an easily understandable format, the 
reports of cooperating States or cooperating State agencies 
required by paragraph (1) and the information contained in 
those reports.’’. 
(b) COLLECTION AND PUBLICATION OF DATA.—Section 249B of 
the Trade Act of 1974 (19 U.S.C. 2323) is amended— 
(1) in subsection (b)— 
(A) in paragraph (3)— 
(i) in subparagraph (A), by striking ‘‘enrolled in’’ 
and inserting ‘‘who received’’; 
(ii) in subparagraph (B)— 
(I) by striking ‘‘complete’’ and inserting 
‘‘exited’’; and 
(II) by striking ‘‘who were enrolled in’’ and 
inserting ‘‘, including who received’’; 
(iii) in subparagraph (E), by striking ‘‘complete’’ 
and inserting ‘‘exited’’; 
(iv) in subparagraph (F), by striking ‘‘complete’’ 
and inserting ‘‘exit’’; and 
(v) by adding at the end the following: 
‘‘(G) The average cost per worker of receiving training 
approved under section 236. 
‘‘(H) The percentage of workers who received training 
approved under section 236 and obtained unsubsidized 
employment in a field related to that training.’’; and 
(B) in paragraph (4)— 
(i) in subparagraphs (A) and (B), by striking ‘‘quar-
terly’’ each place it appears and inserting ‘‘annual’’; 
and 
(ii) by striking subparagraph (C) and inserting 
the following: 
‘‘(C) The median earnings of workers described in sec-
tion 239(j)(2)(A)(i)(III) during the second calendar quarter 
after exit from the program, expressed as a percentage 
of the median earnings of such workers before the calendar 
quarter in which such workers began receiving benefits 
under this chapter.’’; and 
(2) in subsection (e)— 
(A) in paragraph (1)— 
(i) by redesignating subparagraphs (B) and (C) 
as subparagraphs (C) and (D), respectively; and 
(ii) by inserting after subparagraph (A) the fol-
lowing: 
‘‘(B) the reports required under section 239(j);’’; and 
(B) in paragraph (2), by striking ‘‘a quarterly’’ and 
inserting ‘‘an annual’’. 
(c) RECOGNIZED POSTSECONDARY CREDENTIAL DEFINED.—Sec-
tion 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended 
by adding at the end the following: 
‘‘(19) The term ‘recognized postsecondary credential’ means 
a credential consisting of an industry-recognized certificate or 
certification, a certificate of completion of an apprenticeship,
H. R. 1295—16 
a license recognized by a State or the Federal Government, 
or an associate or baccalaureate degree.’’. 
SEC. 405. APPLICABILITY OF TRADE ADJUSTMENT ASSISTANCE PROVI-
SIONS. 
(a) TRADE ADJUSTMENT ASSISTANCE FOR WORKERS.— 
(1) PETITIONS FILED ON OR AFTER JANUARY 1, 2014, AND 
BEFORE DATE OF ENACTMENT.— 
(A) CERTIFICATIONS OF WORKERS NOT CERTIFIED BEFORE 
DATE OF ENACTMENT.— 
(i) CRITERIA IF A DETERMINATION HAS NOT BEEN 
MADE.—If, as of the date of the enactment of this 
Act, the Secretary of Labor has not made a determina-
tion with respect to whether to certify a group of 
workers as eligible to apply for adjustment assistance 
under section 222 of the Trade Act of 1974 pursuant 
to a petition described in clause (iii), the Secretary 
shall make that determination based on the require-
ments of section 222 of the Trade Act of 1974, as 
in effect on such date of enactment. 
(ii) RECONSIDERATION
OF
DENIALS
OF
CERTIFI-
CATIONS.—If, before the date of the enactment of this 
Act, the Secretary made a determination not to certify 
a group of workers as eligible to apply for adjustment 
assistance under section 222 of the Trade Act of 1974 
pursuant to a petition described in clause (iii), the 
Secretary shall— 
(I) reconsider that determination; and 
(II) if the group of workers meets the require-
ments of section 222 of the Trade Act of 1974, 
as in effect on such date of enactment, certify 
the group of workers as eligible to apply for adjust-
ment assistance. 
(iii) PETITION DESCRIBED.—A petition described in 
this clause is a petition for a certification of eligibility 
for a group of workers filed under section 221 of the 
Trade Act of 1974 on or after January 1, 2014, and 
before the date of the enactment of this Act. 
(B) ELIGIBILITY FOR BENEFITS.— 
(i) IN GENERAL.—Except as provided in clause (ii), 
a worker certified as eligible to apply for adjustment 
assistance under section 222 of the Trade Act of 1974 
pursuant to a petition described in subparagraph 
(A)(iii) shall be eligible, on and after the date that 
is 90 days after the date of the enactment of this 
Act, to receive benefits only under the provisions of 
chapter 2 of title II of the Trade Act of 1974, as 
in effect on such date of enactment. 
(ii) COMPUTATION OF MAXIMUM BENEFITS.—Bene-
fits received by a worker described in clause (i) under 
chapter 2 of title II of the Trade Act of 1974 before 
the date of the enactment of this Act shall be included 
in any determination of the maximum benefits for 
which the worker is eligible under the provisions of 
chapter 2 of title II of the Trade Act of 1974, as 
in effect on the date of the enactment of this Act.
H. R. 1295—17 
(2) PETITIONS FILED BEFORE JANUARY 1, 2014.—A worker 
certified as eligible to apply for adjustment assistance pursuant 
to a petition filed under section 221 of the Trade Act of 1974 
on or before December 31, 2013, shall continue to be eligible 
to apply for and receive benefits under the provisions of chapter 
2 of title II of such Act, as in effect on December 31, 2013. 
(3) QUALIFYING SEPARATIONS WITH RESPECT TO PETITIONS 
FILED WITHIN 90 DAYS OF DATE OF ENACTMENT.—Section 223(b) 
of the Trade Act of 1974, as in effect on the date of the 
enactment of this Act, shall be applied and administered by 
substituting ‘‘before January 1, 2014’’ for ‘‘more than one year 
before the date of the petition on which such certification was 
granted’’ for purposes of determining whether a worker is 
eligible to apply for adjustment assistance pursuant to a peti-
tion filed under section 221 of the Trade Act of 1974 on or 
after the date of the enactment of this Act and on or before 
the date that is 90 days after such date of enactment. 
(b) TRADE ADJUSTMENT ASSISTANCE FOR FIRMS.— 
(1) CERTIFICATION OF FIRMS NOT CERTIFIED BEFORE DATE 
OF ENACTMENT.— 
(A) CRITERIA
IF
A
DETERMINATION
HAS
NOT
BEEN 
MADE.—If, as of the date of the enactment of this Act, 
the Secretary of Commerce has not made a determination 
with respect to whether to certify a firm as eligible to 
apply for adjustment assistance under section 251 of the 
Trade Act of 1974 pursuant to a petition described in 
subparagraph (C), the Secretary shall make that deter-
mination based on the requirements of section 251 of the 
Trade Act of 1974, as in effect on such date of enactment. 
(B) RECONSIDERATION
OF
DENIAL
OF
CERTAIN
PETI-
TIONS.—If, before the date of the enactment of this Act, 
the Secretary made a determination not to certify a firm 
as eligible to apply for adjustment assistance under section 
251 of the Trade Act of 1974 pursuant to a petition 
described in subparagraph (C), the Secretary shall— 
(i) reconsider that determination; and 
(ii) if the firm meets the requirements of section 
251 of the Trade Act of 1974, as in effect on such 
date of enactment, certify the firm as eligible to apply 
for adjustment assistance. 
(C) PETITION DESCRIBED.—A petition described in this 
subparagraph is a petition for a certification of eligibility 
filed by a firm or its representative under section 251 
of the Trade Act of 1974 on or after January 1, 2014, 
and before the date of the enactment of this Act. 
(2) CERTIFICATION OF FIRMS THAT DID NOT SUBMIT PETI-
TIONS BETWEEN JANUARY 1, 2014, AND DATE OF ENACTMENT.— 
(A) IN GENERAL.—The Secretary of Commerce shall 
certify a firm described in subparagraph (B) as eligible 
to apply for adjustment assistance under section 251 of 
the Trade Act of 1974, as in effect on the date of the 
enactment of this Act, if the firm or its representative 
files a petition for a certification of eligibility under section 
251 of the Trade Act of 1974 not later than 90 days after 
such date of enactment. 
(B) FIRM DESCRIBED.—A firm described in this subpara-
graph is a firm that the Secretary determines would have
H. R. 1295—18 
been certified as eligible to apply for adjustment assistance 
if— 
(i) the firm or its representative had filed a petition 
for a certification of eligibility under section 251 of 
the Trade Act of 1974 on a date during the period 
beginning on January 1, 2014, and ending on the day 
before the date of the enactment of this Act; and 
(ii) the provisions of chapter 3 of title II of the 
Trade Act of 1974, as in effect on such date of enact-
ment, had been in effect on that date during the period 
described in clause (i). 
SEC. 406. SUNSET PROVISIONS. 
(a) APPLICATION
OF PRIOR LAW.—Subject to subsection (b), 
beginning on July 1, 2021, the provisions of chapters 2, 3, 5, 
and 6 of title II of the Trade Act of 1974 (19 U.S.C. 2271 et 
seq.), as in effect on January 1, 2014, shall be in effect and apply, 
except that in applying and administering such chapters— 
(1) paragraph (1) of section 231(c) of that Act shall be 
applied and administered as if subparagraphs (A), (B), and 
(C) of that paragraph were not in effect; 
(2) section 233 of that Act shall be applied and adminis-
tered— 
(A) in subsection (a)— 
(i) in paragraph (2), by substituting ‘‘104-week 
period’’ for ‘‘104-week period’’ and all that follows 
through ‘‘130-week period)’’; and 
(ii) in paragraph (3)— 
(I) in the matter preceding subparagraph (A), 
by substituting ‘‘65’’ for ‘‘52’’; and 
(II) by substituting ‘‘78-week period’’ for ‘‘52- 
week period’’ each place it appears; and 
(B) by applying and administering subsection (g) as 
if it read as follows: 
‘‘(g) PAYMENT OF TRADE READJUSTMENT ALLOWANCES TO COM-
PLETE TRAINING.—Notwithstanding any other provision of this sec-
tion, in order to assist an adversely affected worker to complete 
training approved for the worker under section 236 that leads 
to the completion of a degree or industry-recognized credential, 
payments may be made as trade readjustment allowances for not 
more than 13 weeks within such period of eligibility as the Secretary 
may prescribe to account for a break in training or for justifiable 
cause that follows the last week for which the worker is otherwise 
entitled to a trade readjustment allowance under this chapter if— 
‘‘(1) payment of the trade readjustment allowance for not 
more than 13 weeks is necessary for the worker to complete 
the training; 
‘‘(2) the worker participates in training in each such week; 
and 
‘‘(3) the worker— 
‘‘(A) has substantially met the performance bench-
marks established as part of the training approved for 
the worker; 
‘‘(B) is expected to continue to make progress toward 
the completion of the training; and 
‘‘(C) will complete the training during that period of 
eligibility.’’;
H. R. 1295—19 
(3) section 245(a) of that Act shall be applied and adminis-
tered by substituting ‘‘June 30, 2022’’ for ‘‘December 31, 2007’’; 
(4) section 246(b)(1) of that Act shall be applied and 
administered by substituting ‘‘June 30, 2022’’ for ‘‘the date 
that is 5 years’’ and all that follows through ‘‘State’’; 
(5) section 256(b) of that Act shall be applied and adminis-
tered by substituting ‘‘the 1-year period beginning on July 
1, 2021’’ for ‘‘each of fiscal years 2003 through 2007, and 
$4,000,000 for the 3-month period beginning on October 1, 
2007’’; 
(6) section 298(a) of that Act shall be applied and adminis-
tered by substituting ‘‘the 1-year period beginning on July 
1, 2021’’ for ‘‘each of the fiscal years’’ and all that follows 
through ‘‘October 1, 2007’’; and 
(7) section 285 of that Act shall be applied and adminis-
tered— 
(A) in subsection (a), by substituting ‘‘June 30, 2022’’ 
for ‘‘December 31, 2007’’ each place it appears; and 
(B) by applying and administering subsection (b) as 
if it read as follows: 
‘‘(b) OTHER ASSISTANCE.— 
‘‘(1) ASSISTANCE FOR FIRMS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), assistance may not be provided under chapter 3 after 
June 30, 2022. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
any assistance approved under chapter 3 pursuant to a 
petition filed under section 251 on or before June 30, 2022, 
may be provided— 
‘‘(i) to the extent funds are available pursuant 
to such chapter for such purpose; and 
‘‘(ii) to the extent the recipient of the assistance 
is otherwise eligible to receive such assistance. 
‘‘(2) FARMERS.— 
‘‘(A) IN GENERAL.—Except as provided in subparagraph 
(B), assistance may not be provided under chapter 6 after 
June 30, 2022. 
‘‘(B) EXCEPTION.—Notwithstanding subparagraph (A), 
any assistance approved under chapter 6 on or before June 
30, 2022, may be provided— 
‘‘(i) to the extent funds are available pursuant 
to such chapter for such purpose; and 
‘‘(ii) to the extent the recipient of the assistance 
is otherwise eligible to receive such assistance.’’. 
(b) EXCEPTIONS.—The provisions of chapters 2, 3, 5, and 6 
of title II of the Trade Act of 1974, as in effect on the date 
of the enactment of this Act, shall continue to apply on and after 
July 1, 2021, with respect to— 
(1) workers certified as eligible for trade adjustment assist-
ance benefits under chapter 2 of title II of that Act pursuant 
to petitions filed under section 221 of that Act before July 
1, 2021; 
(2) firms certified as eligible for technical assistance or 
grants under chapter 3 of title II of that Act pursuant to 
petitions filed under section 251 of that Act before July 1, 
2021; and
H. R. 1295—20 
(3) agricultural commodity producers certified as eligible 
for technical or financial assistance under chapter 6 of title 
II of that Act pursuant to petitions filed under section 292 
of that Act before July 1, 2021. 
SEC. 407. EXTENSION AND MODIFICATION OF HEALTH COVERAGE TAX 
CREDIT. 
(a) EXTENSION.—Subparagraph (B) of section 35(b)(1) of the 
Internal Revenue Code of 1986 is amended by striking ‘‘before 
January 1, 2014’’ and inserting ‘‘before January 1, 2020’’. 
(b) COORDINATION WITH CREDIT FOR COVERAGE UNDER A QUALI-
FIED HEALTH PLAN.—Subsection (g) of section 35 of the Internal 
Revenue Code of 1986 is amended— 
(1) by redesignating paragraph (11) as paragraph (13); 
and 
(2) by inserting after paragraph (10) the following new 
paragraphs: 
‘‘(11) ELECTION.— 
‘‘(A) IN GENERAL.—This section shall not apply to any 
taxpayer for any eligible coverage month unless such tax-
payer elects the application of this section for such month. 
‘‘(B) TIMING AND APPLICABILITY OF ELECTION.—Except 
as the Secretary may provide— 
‘‘(i) an election to have this section apply for any 
eligible coverage month in a taxable year shall be 
made not later than the due date (including extensions) 
for the return of tax for the taxable year; and 
‘‘(ii) any election for this section to apply for an 
eligible coverage month shall apply for all subsequent 
eligible coverage months in the taxable year and, once 
made, shall be irrevocable with respect to such months. 
‘‘(12) COORDINATION WITH PREMIUM TAX CREDIT.— 
‘‘(A) IN GENERAL.—An eligible coverage month to which 
the election under paragraph (11) applies shall not be 
treated as a coverage month (as defined in section 
36B(c)(2)) for purposes of section 36B with respect to the 
taxpayer. 
‘‘(B) COORDINATION WITH ADVANCE PAYMENTS OF PRE-
MIUM TAX CREDIT.—In the case of a taxpayer who makes 
the election under paragraph (11) with respect to any 
eligible coverage month in a taxable year or on behalf 
of whom any advance payment is made under section 7527 
with respect to any month in such taxable year— 
‘‘(i) the tax imposed by this chapter for the taxable 
year shall be increased by the excess, if any, of— 
‘‘(I) the sum of any advance payments made 
on behalf of the taxpayer under section 1412 of 
the Patient Protection and Affordable Care Act 
and section 7527 for months during such taxable 
year, over 
‘‘(II) the sum of the credits allowed under this 
section (determined without regard to paragraph 
(1)) and section 36B (determined without regard 
to subsection (f)(1) thereof) for such taxable year; 
and 
‘‘(ii) section 36B(f)(2) shall not apply with respect 
to such taxpayer for such taxable year, except that
H. R. 1295—21 
if such taxpayer received any advance payments under 
section 7527 for any month in such taxable year and 
is later allowed a credit under section 36B for such 
taxable year, then section 36B(f)(2)(B) shall be applied 
by substituting the amount determined under clause 
(i) 
for 
the 
amount 
determined 
under 
section 
36B(f)(2)(A).’’. 
(c) EXTENSION OF ADVANCE PAYMENT PROGRAM.— 
(1) IN
GENERAL.—Subsection (a) of section 7527 of the 
Internal Revenue Code of 1986 is amended by striking ‘‘August 
1, 2003’’ and inserting ‘‘the date that is 1 year after the date 
of the enactment of the Trade Adjustment Assistance Reauthor-
ization Act of 2015’’. 
(2) CONFORMING
AMENDMENT.—Paragraph (1) of section 
7527(e) of such Code is amended by striking ‘‘occurring’’ and 
all that follows and inserting ‘‘occurring— 
‘‘(A) after the date that is 1 year after the date of 
the enactment of the Trade Adjustment Assistance 
Reauthorization Act of 2015; and 
‘‘(B) prior to the first month for which an advance 
payment is made on behalf of such individual under sub-
section (a).’’. 
(d) INDIVIDUAL INSURANCE TREATED
AS QUALIFIED HEALTH 
INSURANCE WITHOUT REGARD TO ENROLLMENT DATE.— 
(1) IN GENERAL.—Subparagraph (J) of section 35(e)(1) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘insurance if the eligible individual’’ and all that follows 
through ‘‘For purposes of’’ and inserting ‘‘insurance. For pur-
poses of’’. 
(2) SPECIAL
RULE.—Subparagraph (J) of section 35(e)(1) 
of such Code, as amended by paragraph (1), is amended by 
striking ‘‘insurance.’’ and inserting ‘‘insurance (other than cov-
erage enrolled in through an Exchange established under the 
Patient Protection and Affordable Care Act).’’. 
(e) CONFORMING AMENDMENT.—Subsection (m) of section 6501 
of the Internal Revenue Code of 1986 is amended by inserting 
‘‘, 35(g)(11)’’ after ‘‘30D(e)(4)’’. 
(f) EFFECTIVE DATE.— 
(1) IN GENERAL.—Except as provided in paragraph (2), the 
amendments made by this section shall apply to coverage 
months in taxable years beginning after December 31, 2013. 
(2) PLANS AVAILABLE ON INDIVIDUAL MARKET FOR USE OF 
TAX CREDIT.—The amendment made by subsection (d)(2) shall 
apply to coverage months in taxable years beginning after 
December 31, 2015. 
(3) 
TRANSITION
RULE.—Notwithstanding 
section 
35(g)(11)(B)(i) of the Internal Revenue Code of 1986 (as added 
by this title), an election to apply section 35 of such Code 
to an eligible coverage month (as defined in section 35(b) of 
such Code) (and not to claim the credit under section 36B 
of such Code with respect to such month) in a taxable year 
beginning after December 31, 2013, and before the date of 
the enactment of this Act— 
(A) may be made at any time on or after such date 
of enactment and before the expiration of the 3-year period 
of limitation prescribed in section 6511(a) with respect 
to such taxable year; and
H. R. 1295—22 
(B) may be made on an amended return. 
(g) AGENCY OUTREACH.—As soon as possible after the date 
of the enactment of this Act, the Secretaries of the Treasury, Health 
and Human Services, and Labor (or such Secretaries’ delegates) 
and the Director of the Pension Benefit Guaranty Corporation (or 
the Director’s delegate) shall carry out programs of public outreach, 
including on the Internet, to inform potential eligible individuals 
(as defined in section 35(c)(1) of the Internal Revenue Code of 
1986) of the extension of the credit under section 35 of the Internal 
Revenue Code of 1986 and the availability of the election to claim 
such credit retroactively for coverage months beginning after 
December 31, 2013. 
TITLE 
V—IMPROVEMENTS 
TO 
ANTI-
DUMPING 
AND 
COUNTERVAILING 
DUTY LAWS 
SEC. 501. SHORT TITLE. 
This title may be cited as the ‘‘American Trade Enforcement 
Effectiveness Act’’. 
SEC. 502. CONSEQUENCES OF FAILURE TO COOPERATE WITH A 
REQUEST FOR INFORMATION IN A PROCEEDING. 
Section 776 of the Tariff Act of 1930 (19 U.S.C. 1677e) is 
amended— 
(1) in subsection (b)— 
(A) by redesignating paragraphs (1) through (4) as 
subparagraphs (A) through (D), respectively, and by moving 
such subparagraphs, as so redesignated, 2 ems to the right; 
(B) by striking ‘‘ADVERSE
INFERENCES.—If’’ and 
inserting the following: ‘‘ADVERSE INFERENCES.— 
‘‘(1) IN GENERAL.—If’’; 
(C) by striking ‘‘under this title, may use’’ and inserting 
the following: ‘‘under this title— 
‘‘(A) may use’’; and 
(D) by striking ‘‘facts otherwise available. Such adverse 
inference may include’’ and inserting the following: ‘‘facts 
otherwise available; and 
‘‘(B) is not required to determine, or make any adjust-
ments to, a countervailable subsidy rate or weighted aver-
age dumping margin based on any assumptions about 
information the interested party would have provided if 
the interested party had complied with the request for 
information. 
‘‘(2) POTENTIAL
SOURCES
OF
INFORMATION
FOR
ADVERSE 
INFERENCES.—An adverse inference under paragraph (1)(A) 
may include’’; 
(2) in subsection (c)— 
(A) by striking ‘‘CORROBORATION
OF
SECONDARY 
INFORMATION.—When the’’ and inserting the following: 
‘‘CORROBORATION OF SECONDARY INFORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
when the’’; and 
(B) by adding at the end the following:
H. R. 1295—23 
‘‘(2) EXCEPTION.—The administrative authority and the 
Commission shall not be required to corroborate any dumping 
margin or countervailing duty applied in a separate segment 
of the same proceeding.’’; and 
(3) by adding at the end the following: 
‘‘(d) SUBSIDY
RATES
AND
DUMPING
MARGINS
IN
ADVERSE 
INFERENCE DETERMINATIONS.— 
‘‘(1) IN GENERAL.—If the administering authority uses an 
inference that is adverse to the interests of a party under 
subsection (b)(1)(A) in selecting among the facts otherwise avail-
able, the administering authority may— 
‘‘(A) in the case of a countervailing duty proceeding— 
‘‘(i) use a countervailable subsidy rate applied for 
the same or similar program in a countervailing duty 
proceeding involving the same country; or 
‘‘(ii) if there is no same or similar program, use 
a countervailable subsidy rate for a subsidy program 
from a proceeding that the administering authority 
considers reasonable to use; and 
‘‘(B) in the case of an antidumping duty proceeding, 
use any dumping margin from any segment of the pro-
ceeding under the applicable antidumping order. 
‘‘(2) DISCRETION TO APPLY HIGHEST RATE.—In carrying out 
paragraph (1), the administering authority may apply any of 
the countervailable subsidy rates or dumping margins specified 
under that paragraph, including the highest such rate or 
margin, based on the evaluation by the administering authority 
of the situation that resulted in the administering authority 
using an adverse inference in selecting among the facts other-
wise available. 
‘‘(3) NO
OBLIGATION
TO
MAKE
CERTAIN
ESTIMATES
OR 
ADDRESS CERTAIN CLAIMS.—If the administering authority uses 
an adverse inference under subsection (b)(1)(A) in selecting 
among the facts otherwise available, the administering 
authority is not required, for purposes of subsection (c) or 
for any other purpose— 
‘‘(A) to estimate what the countervailable subsidy rate 
or dumping margin would have been if the interested party 
found to have failed to cooperate under subsection (b)(1) 
had cooperated; or 
‘‘(B) to demonstrate that the countervailable subsidy 
rate or dumping margin used by the administering 
authority reflects an alleged commercial reality of the 
interested party.’’. 
SEC. 503. DEFINITION OF MATERIAL INJURY. 
(a) EFFECT OF PROFITABILITY OF DOMESTIC INDUSTRIES.—Sec-
tion 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended 
by adding at the end the following: 
‘‘(J) EFFECT OF PROFITABILITY.—The Commission may 
not determine that there is no material injury or threat 
of material injury to an industry in the United States 
merely because that industry is profitable or because the 
performance of that industry has recently improved.’’. 
(b) EVALUATION OF IMPACT ON DOMESTIC INDUSTRY IN DETER-
MINATION
OF
MATERIAL
INJURY.—Subclause 
(I) 
of 
section