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 pro-
ceedings 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 counter-
vailing or antidumping duty proceedings or use domestic 
like products to participate in those proceedings as inter-
ested parties, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘American Manufac-
turing Competitiveness Act’’. 
SEC. 2. FINDINGS. 
The Congress finds the following: 
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(1) The competitiveness of manufacturing in-
dustries in the United States must be a priority for 
the United States Government. 
(2) Antidumping and countervailing duty laws 
of the United States are in the interest of the 
United States, when applied in an objective and fair 
manner, to prevent unfair pricing and subsidized 
competition. 
(3) Imposing antidumping and countervailing 
duties may harm United States industrial users of 
imported goods or domestic like products, because 
those users rely on such goods to manufacture prod-
ucts in the United States. 
(4) Current law does not permit United States 
industrial users to participate fully in antidumping 
or countervailing duty cases that might affect their 
businesses substantially; nor can decisionmakers in 
these cases consider, under United States law, the 
effects on United States industrial users in deter-
mining whether to impose antidumping or counter-
vailing duties. 
(5) It is a matter of fundamental fairness that 
businesses in the United States that may be affected 
by antidumping and countervailing duties should be 
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able to participate meaningfully in the process by 
which decisions regarding those duties are made. 
(6) In order to ensure economically sound deci-
sions and the health of United States manufactur-
ers, the benefits of imposing antidumping and coun-
tervailing duties should be balanced against the eco-
nomic harm caused by imposing those duties, and 
antidumping and countervailing duties should not be 
imposed if the harm is greater than the benefits of 
imposing such duties. 
SEC. 3. PARTICIPATION OF INDUSTRIAL USERS IN COUN-
TERVAILING AND ANTIDUMPING DUTY PRO-
CEEDINGS. 
Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.) is amended as follows: 
(1) Section 701(a) (19 U.S.C. 1671(a)) is 
amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (1); 
(B) by adding ‘‘and’’ after ‘‘merchandise 
for importation,’’ at the end of paragraph (2); 
and 
(C) by inserting after paragraph (2) the 
following: 
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‘‘(3) the Commission determines that the impo-
sition of a countervailing duty on such merchandise 
equal to the amount of the net countervailable sub-
sidy would result in greater benefits to that United 
States industry than harm to United States indus-
trial users,’’. 
(2) 
Section 
702(b)(4)(B) 
(19 
U.S.C. 
1671a(b)(4)(B)) is amended by striking ‘‘or (G)’’ 
and inserting ‘‘(G), or (H)’’. 
(3) Section 703 (19 U.S.C. 1671b) is amend-
ed— 
(A) in subsection (a)(1), in the first sen-
tence, by striking ‘‘and that imports of the sub-
ject merchandise are not negligible’’ and insert-
ing ‘‘, that imports of the subject merchandise 
are not negligible, and that the imposition of a 
countervailing duty on the subject merchandise 
equal to the amount of the net countervailable 
subsidy would result in greater benefits to that 
United States industry than harm to United 
States industrial users’’; and 
(B) in subsection (b)(3), by striking ‘‘or 
(G)’’ each place it appears and inserting ‘‘(G), 
or (H)’’. 
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(4) 
Section 
704(a)(2)(B) 
(19 
U.S.C. 
1671c(a)(2)(B)) is amended— 
(A) in clause (i), by inserting ‘‘(other than 
United States industrial users)’’ after ‘‘con-
sumers’’; 
(B) by striking ‘‘and’’ at the end of clause 
(ii); 
(C) by striking the period at the end of 
clause (iii) and inserting ‘‘; and’’; and 
(D) by adding after clause (iii) the fol-
lowing: 
‘‘(iv) the relative impact on the com-
petitiveness of United States industrial 
users, including, but not limited to, any 
such impact on employment by and invest-
ment in United States industrial users.’’. 
(5) Section 704(g)(2) (19 U.S.C. 1671c(g)(2)) 
is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 
or (H)’’. 
(6) Section 704(h)(1) (19 U.S.C. 1671c(h)(1)) 
is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 
or (H)’’. 
(7) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) 
is amended in the first sentence, by inserting before 
the period the following: ‘‘, and whether the imposi-
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tion of a countervailing duty on the subject mer-
chandise 
in 
an 
amount 
equal 
to 
the 
net 
countervailable subsidy would result in greater bene-
fits to that United States industry than harm to 
United States industrial users’’. 
(8) Section 731 (19 U.S.C. 1673) is amended— 
(A) by striking ‘‘and’’ at the end of para-
graph (1); 
(B) by adding ‘‘and’’ after ‘‘that merchan-
dise for importation,’’ at the end of paragraph 
(2); and 
(C) by inserting after paragraph (2) the 
following: 
‘‘(3) the Commission determines that the impo-
sition of an antidumping duty on the subject mer-
chandise under this subtitle would result in greater 
benefits to that United States industry than harm to 
United States industrial users,’’. 
(9) 
Section 
732(b)(3)(B) 
(19 
U.S.C. 
1673a(b)(3)(B)) is amended by striking ‘‘or (G)’’ 
and inserting ‘‘(G), or (H)’’. 
(10) Section 733 (19 U.S.C. 1673b) is amend-
ed— 
(A) in subsection (a), in the first sentence, 
by striking ‘‘and that imports of the subject 
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merchandise are not negligible’’ and inserting ‘‘, 
that imports of the subject merchandise are not 
negligible, and that the imposition of an anti-
dumping duty on the subject merchandise 
under this subtitle would result in greater bene-
fits to that United States industry than harm 
to United States industrial users’’; and 
(B) in subsection (b)(2), by striking ‘‘or 
(G)’’ each place it appears and inserting ‘‘(G), 
or (H)’’. 
(11) 
Section 
734(a)(2)(B) 
(19 
U.S.C. 
1673c(a)(2)(B)) is amended— 
(A) in clause (i), by inserting ‘‘(other than 
United States industrial users)’’ after ‘‘con-
sumers’’; 
(B) by striking ‘‘and’’ at the end of clause 
(ii); 
(C) by striking the period at the end of 
clause (iii) and inserting ‘‘; and’’; and 
(D) by adding after clause (iii) the fol-
lowing: 
‘‘(iv) the relative impact on the com-
petitiveness of United States industrial 
users, including, but not limited to, any 
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such impact on employment by and invest-
ment in United States industrial users.’’. 
(12) Section 734(g)(2) (19 U.S.C. 1673c(g)(2)) 
is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 
or (H)’’. 
(13) Section 734(h)(1) (19 U.S.C. 1673c(h)(1)) 
is amended by striking ‘‘or (G)’’ and inserting ‘‘(G), 
or (H)’’. 
(14) Section 735(b)(1) (19 U.S.C. 1673d(b)(1)) 
is amended in the first sentence, by inserting before 
the period the following: ‘‘, and whether the imposi-
tion of an antidumping duty on the subject mer-
chandise under this subtitle would result in greater 
benefits to that United States industry than harm to 
United States industrial users’’. 
(15) Section 736(c) (19 U.S.C. 1673e(c)) is 
amended— 
(A) in paragraph (1)(C), by inserting 
‘‘United States industrial user,’’ after ‘‘pro-
ducer,’’ the first place it appears; and 
(B) in paragraph (4)(A), by striking ‘‘or 
(G)’’ and inserting ‘‘(G), or (H)’’. 
(16) Section 751 (19 U.S.C. 1675) is amend-
ed— 
(A) in subsection (b)(2)— 
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(i) in subparagraph (A), by inserting 
after ‘‘material injury,’’ the following: ‘‘and 
(if that determination is affirmative) 
whether continuing the countervailing duty 
order or antidumping duty order or finding 
would result in greater benefits to the 
United States industry than harm to 
United States industrial users,’’; and 
(ii) in subparagraph (C), by inserting 
after ‘‘material injury’’ the following: ‘‘, 
and (if the latter determination is affirma-
tive) whether continuing the suspended in-
vestigation would result in greater benefits 
to the United States industry than harm to 
United States industrial users’’; 
(B) in subsection (c)— 
(i) in paragraph (1), by inserting be-
fore the period at the end the following: ‘‘, 
and (if that determination is affirmative) 
whether continuing the countervailing duty 
order or antidumping duty order, or con-
tinuing the suspended investigation, would 
result in greater benefits to the United 
States industry than harm to United 
States industrial users’’; 
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(ii) in paragraph (3)(A), by striking 
‘‘and (G)’’ and inserting ‘‘(G), or (H)’’; 
and 
(iii) in paragraph (4)— 
(I) in subparagraph (A), by strik-
ing ‘‘or (B)’’ and inserting ‘‘, (B), or 
(H)’’; and 
(II) in subparagraph (B), by in-
serting 
‘‘described 
in 
section 
771(9)(A) or (B)’’ after ‘‘an inter-
ested party’’; and 
(C) in subsection (d)(2)(B), by inserting 
before the period the following: ‘‘and that con-
tinuation of the order, finding, or investigation, 
as the case may be, would result in greater ben-
efits to the United States industry than harm 
to United States industrial users’’. 
(17) Section 752(a)(1) (19 U.S.C. 1675a(a)(1)) 
is amended— 
(A) in the first sentence, by inserting be-
fore the period the following: ‘‘, and (if that de-
termination is affirmative) whether continuation 
of the order or investigation, as the case may 
be, would result in greater benefits to the 
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United States industry than harm to United 
States industrial users’’; and 
(B) in the second sentence, by inserting 
‘‘and on United States industrial users’’ after 
‘‘industry’’. 
(18) Section 753(a)(1) (19 U.S.C. 1675b(a)(1)) 
is amended— 
(A) by striking ‘‘or (G)’’ and inserting 
‘‘(G), or (H)’’; and 
(B) by inserting before the period the fol-
lowing: ‘‘, and (if that determination is affirma-
tive) whether imposition of the countervailing 
duty would result in greater benefits to the 
United States industry than harm to United 
States industrial users’’. 
(19) Section 771 (19 U.S.C. 1677(9)) is 
amended— 
(A) in paragraph (9)— 
(i) in subparagraph (F), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (G), by striking 
the period at the end and inserting ‘‘, 
and’’; and 
(iii) by adding at the end the fol-
lowing: 
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‘‘(H) a United States industrial user, or a 
trade or business association a majority of 
whose members are United States industrial 
users.’’; and 
(B) by inserting after paragraph (9) the 
following: 
‘‘(9A) UNITED
STATES
INDUSTRIAL
USER.— 
The term ‘United States industrial user’ means a 
manufacturer or producer that uses subject mer-
chandise or a domestic like product in the manufac-
ture or production of any product in the United 
States.’’. 
(20) Section 771 (19 U.S.C. 1677) is amended 
by adding at the end the following new paragraph: 
‘‘(37) EVALUATION OF BENEFITS TO UNITED 
STATES INDUSTRY AND HARM TO UNITED STATES 
INDUSTRIAL
USERS.—In considering the potential 
benefits to the industry in the United States materi-
ally injured or threatened with material injury (in 
this paragraph referred to as the ‘United States in-
dustry’), and harm to United States industrial users, 
from the imposition or continuation of antidumping 
or countervailing duties under sections 701(a), 
703(a), 705(b), 731, 733(a), 735(b), 751(b), 751(c), 
751(d), 752(a), and 753(a), the Commission shall 
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weigh harm to United States industrial users as a 
whole, taking into account the following factors: 
‘‘(A) Likely harm to United States indus-
trial users from declines in output, sales, mar-
ket share, profits, productivity, return on in-
vestments, and utilization of capacity in the 
production of downstream products, compared 
to likely benefits to the United States industry 
with respect to those factors. 
‘‘(B) Likely harm to United States indus-
trial users from negative impact on cash flow, 
inventories, employment, wages, growth, ability 
to raise capital, and investment, compared to 
likely benefits to the United States industry 
with respect to those factors. 
‘‘(C) Likely negative effects on the existing 
development and production efforts of United 
States industrial users, including efforts to de-
velop a derivative or more advanced version of 
their products for manufacture or production in 
the United States, compared to likely benefits 
to the United States industry with respect to 
those factors. 
‘‘(D) The effect of increased costs or prices 
for the subject merchandise and domestic like 
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products and reduced availability of the subject 
merchandise and domestic like products on the 
competitiveness of United States industrial 
users located in the market, including the ex-
tent to which United States industrial users 
and their customers would be able to pass on 
additional costs resulting from antidumping and 
countervailing duties, compared to likely bene-
fits to the United States industry with respect 
to those factors. 
‘‘(E) Such other economic factors as the 
Commission determines are relevant to the po-
tential impact of the imposition or continuation 
of duties, as the case may be, on the United 
States industry and on United States industrial 
users. 
The Commission may determine harm to United 
States industrial users only if United States indus-
trial users have presented credible evidence of such 
harm.’’. 
(21) Section 777(h) (19 U.S.C. 1677f(h)) is 
amended— 
(A) by striking ‘‘AND INDUSTRIAL USERS’’ 
in the subsection heading; and 
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