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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Eliminating Global Market Distortions to Protect Amer-
ican Jobs Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—SUCCESSIVE INVESTIGATIONS 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
Sec. 101. Establishment of special rules for determination of material injury in 
the case of successive antidumping and countervailing duty in-
vestigations. 
Sec. 102. Initiation of successive antidumping and countervailing duty inves-
tigations. 
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 investiga-
tions. 
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 distor-
tions 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 de-
terminations 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 counter-
vailing 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 counter-
vailing 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. 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
TITLE I—SUCCESSIVE 
INVESTIGATIONS 
SEC. 101. ESTABLISHMENT OF SPECIAL RULES FOR DETER-
MINATION OF MATERIAL INJURY IN THE 
CASE OF SUCCESSIVE ANTIDUMPING AND 
COUNTERVAILING DUTY INVESTIGATIONS. 
(a) IN GENERAL.—Section 771(7) of the Tariff Act 
of 1930 (19 U.S.C. 1677(7)) is amended— 
(1) 
by 
redesignating 
subparagraphs 
(E) 
through (J) as subparagraphs (F) through (K), re-
spectively; 
(2) in subparagraph (I), as redesignated by 
paragraph (1)— 
(A) by striking ‘‘subparagraph (G)(ii)’’ and 
inserting ‘‘subparagraph (H)(ii)’’; and 
(B) by striking ‘‘subparagraph (F)’’ and 
inserting ‘‘subparagraph (G)’’; and 
(3) by inserting after subparagraph (D) the fol-
lowing: 
‘‘(E) SPECIAL RULES FOR SUCCESSIVE IN-
VESTIGATIONS.— 
‘‘(i) IN GENERAL.— 
‘‘(I) EVALUATION OF IMPACT ON 
DOMESTIC
INDUSTRY.—In evaluating 
the impact of imports of the merchan-
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
dise on producers of domestic like 
products under subparagraph (C)(iii), 
the Commission shall— 
‘‘(aa) consider the condition 
of the domestic industry as found 
in a recently completed investiga-
tion; 
‘‘(bb) consider the effect of 
a concurrent investigation or re-
cently completed investigation on 
trade and the financial perform-
ance of the domestic industry; 
and 
‘‘(cc) take into account the 
considerations described in items 
(aa) and (bb), include in the 
record any prior injury deter-
minations by the Commission 
with respect to imports of the 
merchandise. 
‘‘(II) EFFECT
OF
RECENT
IM-
PROVEMENT
ON
MATERIAL
INJURY 
DETERMINATION.—For the purposes 
of this subparagraph, the Commission 
may not find that there is no material 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
injury or threat of material injury to 
a domestic industry solely based on 
recent improvements in the industry’s 
performance, such as an increase in 
sales, market share, or profitability of 
domestic producers, that are related 
to relief granted pursuant to a con-
current investigation or recently com-
pleted investigation. 
‘‘(ii) RETROACTIVE
APPLICATION
OF 
FINAL
DETERMINATION.—In making any 
finding under section 705(b)(4)(A) or 
735(b)(4)(A) in a successive investigation, 
the Commission shall determine that a 
concurrent investigation or recently com-
pleted investigation contributes to the like-
lihood that the remedial effect of the coun-
tervailing duty order to be issued under 
section 706 or the antidumping duty order 
to be issued under section 736 will be seri-
ously undermined.’’. 
(b) DEFINITIONS.—Section 771 of the Tariff Act of 
1930 (19 U.S.C. 1677) is amended by adding at the end 
the following: 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(37) TREATMENT OF SUCCESSIVE INVESTIGA-
TIONS.—For purposes of sections 702(f), 732(f), 
and 784, as well as paragraph (7)(E) of this section: 
‘‘(A) CONCURRENT INVESTIGATION.—The 
term ‘concurrent investigation’ means an ongo-
ing investigation in which an affirmative deter-
mination under section 703(a) or 733(a) has 
been made by the Commission with respect to 
imports of a same class or kind of merchandise 
that are the same or similar to imports of a 
same class or kind of merchandise from another 
country that are the subject of a successive in-
vestigation. 
‘‘(B) RECENTLY
COMPLETED
INVESTIGA-
TION.—The term ‘recently completed investiga-
tion’ means a completed investigation in which 
an affirmative determination under section 
705(b) or 735(b) was issued by the Commission 
with respect to imports of a class or kind of 
merchandise that are the same or similar to im-
ports of a class or kind of merchandise from 
another country that are the subject of a suc-
cessive investigation not more than 2 years be-
fore the date of initiation of the successive in-
vestigation. 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) SUCCESSIVE
INVESTIGATION.—The 
term ‘successive investigation’ means an inves-
tigation that has been initiated by the admin-
istering authority following a petition filed pur-
suant to section 702(f) or 732(f).’’. 
SEC. 102. INITIATION OF SUCCESSIVE ANTIDUMPING AND 
COUNTERVAILING DUTY INVESTIGATIONS. 
(a) COUNTERVAILING DUTY INVESTIGATION.—Sec-
tion 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) is 
amended by adding at the end the following: 
‘‘(f) INITIATION BY ADMINISTERING AUTHORITY OF 
SUCCESSIVE COUNTERVAILING DUTY INVESTIGATION.— 
A successive investigation shall be initiated— 
‘‘(1) under subsection (a), if— 
‘‘(A) the requirements under that sub-
section are met with respect to imports of a 
class or kind of merchandise; and 
‘‘(B) imports of the same or similar class 
or kind of merchandise from another country 
are or have been the subject of a concurrent in-
vestigation or recently completed investigation; 
or 
‘‘(2) under subsection (b), if— 
‘‘(A) the determinations under clauses (i) 
and (ii) of subsection (c)(1)(A) are affirmative 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
with respect to imports of a class or kind of 
merchandise; and 
‘‘(B) imports of the same or similar class 
or kind of merchandise from another country 
are or have been the subject of a concurrent in-
vestigation or recently completed investiga-
tion.’’. 
(b) ANTIDUMPING DUTY INVESTIGATION.—Section 
732 of the Tariff Act of 1930 (19 U.S.C. 1673a) is 
amended by adding at the end the following: 
‘‘(f) INITIATION BY ADMINISTERING AUTHORITY OF 
SUCCESSIVE ANTIDUMPING DUTY INVESTIGATION.—A 
successive investigation shall be initiated— 
‘‘(1) under subsection (a), if— 
‘‘(A) the requirements under that sub-
section are met with respect to imports of a 
class or kind of merchandise; and 
‘‘(B) imports of the same or similar class 
or kind of merchandise from another country 
are or have been the subject of a concurrent in-
vestigation or recently completed investigation; 
or 
‘‘(2) under subsection (b), if— 
‘‘(A) the determinations under clauses (i) 
and (ii) of subsection (c)(1)(A) are affirmative 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
with respect to imports of a class or kind of 
merchandise; and 
‘‘(B) imports of the same or similar class 
or kind of merchandise from another country 
are or have been the subject of a concurrent in-
vestigation or recently completed investiga-
tion.’’. 
SEC. 103. ISSUANCE OF DETERMINATIONS WITH RESPECT 
TO SUCCESSIVE ANTIDUMPING AND COUN-
TERVAILING DUTY INVESTIGATIONS. 
(a) IN GENERAL.—Subtitle D of title VII of the Tar-
iff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by 
adding at the end the following: 
‘‘SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE IN-
VESTIGATIONS. 
‘‘(a) IN GENERAL.—Notwithstanding any other pro-
vision of this title, the administering authority— 
‘‘(1) with respect to a successive investigation 
under section 702(f)— 
‘‘(A) shall issue a preliminary determina-
tion under section 703(b) not later than 85 
days after initiating the investigation; 
‘‘(B) may not postpone under section 
703(c) such deadline for the issuance of a pre-
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
liminary determination unless requested by the 
petitioner; 
‘‘(C) shall obtain the information required 
for a determination under section 703(e); 
‘‘(D) shall make a determination under 
section 703(e) with respect to the investigation; 
‘‘(E) shall issue a final determination 
under section 705(a) not later than 75 days 
after issuing the preliminary determination 
under subparagraph (A); and 
‘‘(F) shall extend the date of the final de-
termination under section 705(a) if requested 
by the petitioner; and 
‘‘(2) with respect to a successive investigation 
under section 732(f)— 
‘‘(A) shall issue a preliminary determina-
tion under section 733(b) not later than 140 
days after initiating the investigation; 
‘‘(B) may not postpone under section 
733(c) such deadline for the issuance of a pre-
liminary determination unless requested by the 
petitioner; 
‘‘(C) shall obtain the information required 
for a determination under section 733(e); 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(D) shall make a determination under 
section 733(e) with respect to the investigation; 
‘‘(E) shall issue a final determination 
under section 735(a) not later than 75 days 
after issuing the preliminary determination 
under subparagraph (A); and 
‘‘(F) may extend the date of the final de-
termination under section 735(a)(2).’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Tariff Act of 1930 is amended by inserting after 
the item relating to section 783 the following: 
‘‘Sec. 784. Determinations relating to successive investigations.’’. 
TITLE II—RESPONDING TO 
MARKET DISTORTIONS 
SEC. 201. ADDRESSING CROSS-BORDER SUBSIDIES IN 
COUNTERVAILING DUTY INVESTIGATIONS. 
(a) IN GENERAL.—Section 701(d) of the Tariff Act 
of 1930 (19 U.S.C. 1671(d)) is amended— 
(1) in the subsection heading, by striking 
‘‘INTERNATIONAL CONSORTIA’’ and inserting ‘‘SPE-
CIAL RULES’’; 
(2) by striking ‘‘For purposes’’ and inserting 
the following: 
‘‘(1) INTERNATIONAL CONSORTIA AND MULTI-
NATIONAL CORPORATIONS.—For purposes’’; 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
(3) in paragraph (1), as so designated, by in-
serting after ‘‘in their respective home countries,’’ 
the following: ‘‘or multinational corporations that 
are engaged in the production of subject merchan-
dise receive countervailable subsidies to assist, per-
mit, or otherwise enable their production or manu-
facturing operations in the country in which the 
class or kind of merchandise is produced, exported, 
or sold (or likely to be sold) for importation into the 
United States,’’; and 
(4) by adding at the end the following: 
‘‘(2) TRANSNATIONAL SUBSIDIES.— 
‘‘(A) IN GENERAL.—For purposes of this 
subtitle, if there is a countervailable subsidy 
conferred by a government of a country or any 
public entity within the territory of a country 
that is not the country in which the class or 
kind of merchandise is produced, exported, or 
sold (or likely to be sold) for importation into 
the United States and the government of the 
country or any public entity within the territory 
of the country in which the class or kind of 
merchandise is produced, exported, or sold (or 
likely to be sold) for importation into the 
United States (hereafter in this subparagraph 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
referred to as the ‘subject merchandise coun-
try’) facilitates the provision of such subsidy, 
then the administering authority shall treat the 
subsidy as having been provided by the govern-
ment of the subject merchandise country or a 
public entity within the territory of the subject 
merchandise country and shall cumulate all 
such countervailable subsidies, as well as 
countervailable subsidies provided directly or in-
directly by the government or any public entity 
within the territory of the subject merchandise 
country. 
‘‘(B) APPLICATION.—This paragraph shall 
be applied in a manner consistent with the 
international obligations of the United States.’’. 
(b) DEFINITIONS.—Subtitle D of title VII of the Tar-
iff Act of 1930 is amended as follows: 
(1) In section 771 (19 U.S.C. 1677)— 
(A) in paragraph (5A)— 
(i) in subparagraph (A), by striking 
‘‘pursuant to subparagraph (D)’’ and in-
serting ‘‘pursuant to subparagraph (E)’’; 
(ii) by redesignating subparagraph 
(D) as subparagraph (E); and 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
(iii) by inserting after subparagraph 
(C) the following: 
‘‘(D) TRANSNATIONAL
SUBSIDY.—In de-
termining whether a transnational subsidy, in-
cluding subsidies described in subparagraph (B) 
or (C) is a specific subsidy, in law or in fact, 
the administering authority shall examine the 
subsidy practice of the government or public en-
tity that conferred the subsidy.’’; 
(B) in paragraph (9)— 
(i) in subparagraph (F), by striking 
‘‘and’’ at the end; 
(ii) in subparagraph (G), by striking 
the period at the end and inserting ‘‘and’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(H) in any investigation under subtitle A 
involving a transnational subsidy, the govern-
ment 
of 
the 
country 
that 
confers 
the 
transnational subsidy.’’; and 
(C) by adding at the end the following: 
‘‘(37) TRANSNATIONAL
SUBSIDY.—The term 
‘transnational subsidy’, with respect to subject mer-
chandise, means a subsidy conferred by a country 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
that is not the country in which the class or kind of 
merchandise is produced, exported, or sold (or likely 
to be sold) for importation into the United States to 
the producer, exporter, or supplier of the producer 
or exporter, of the subject merchandise. 
‘‘(38) 
MULTINATIONAL
CORPORATION.—The 
term ‘multinational corporation’ means a person, 
firm, or corporation which owns or controls, directly 
or indirectly, facilities for the production of subject 
merchandise in two or more foreign countries.’’. 
(2) In section 771A(a)(1), by striking ‘‘in the 
same country as the authority’’. 
SEC. 202. MODIFICATION OF DEFINITION OF ORDINARY 
COURSE OF TRADE TO SPECIFY THAT AN IN-
SUFFICIENT QUANTITY OF FOREIGN LIKE 
PRODUCTS CONSTITUTES A SITUATION OUT-
SIDE THE ORDINARY COURSE OF TRADE. 
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 
1677(15)) is amended by adding at the end the following: 
‘‘(D) Situations in which the quantity of a 
foreign like product selected for comparison 
under paragraph (16) is insufficient to establish 
that the conditions and practices associated 
with such sales have been normal in the trade 
under consideration for a reasonable period of 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
time prior to the exportation of the subject 
merchandise, and permit a proper comparison 
to the export price or constructed export 
price.’’. 
SEC. 203. MODIFICATION OF ADJUSTMENTS TO EXPORT 
PRICE AND CONSTRUCTED EXPORT PRICE 
WITH RESPECT TO DUTY DRAWBACK. 
Section 772(c)(1)(B) of the Tariff Act of 1930 (19 
U.S.C. 1677a(c)(1)(B)) is amended— 
(1) by striking ‘‘any’’; and 
(2) by inserting after ‘‘United States’’ the fol-
lowing: ‘‘, but that amount shall not exceed the per 
unit amount of such duties contained in the weight-
ed average cost of production’’. 
SEC. 204. MODIFICATION OF DETERMINATION OF CON-
STRUCTED VALUE TO INCLUDE DISTORTIONS 
OF COSTS THAT OCCUR IN FOREIGN COUN-
TRIES. 
(a) IN GENERAL.—Section 773(b)(3) of the Tariff 
Act of 1930 (19 U.S.C. 1677b(b)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘business’’ 
and inserting ‘‘trade’’; and 
(2) in the matter following subparagraph (C), 
by inserting before ‘‘For purposes’’ the following: 
‘‘For purposes of subparagraph (A), if a particular 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
market situation exists such that the cost of mate-
rials and fabrication or other processing of any kind 
does not accurately reflect the cost of production in 
the ordinary course of trade, the administering au-
thority may use another calculation methodology 
under this subtitle or any other calculation method-
ology.’’. 
(b) MODIFICATION OF DEFINITION OF ORDINARY 
COURSE OF TRADE TO INCLUDE ADJUSTED COSTS.— 
Section 771(15)(C) of the Tariff Act of 1930 (19 U.S.C. 
1677(15)(C)) is amended— 
(1) by striking ‘‘that the particular market situ-
ation prevents’’ and inserting ‘‘that a particular 
market situation exists that— 
‘‘(i) prevents’’; 
(2) in clause (i), as designated by paragraph 
(1), by striking the period at the end and inserting 
‘‘, relating to normal value determined under sub-
section (a) of section 773; or’’; and 
(3) by adding at the end the following: 
‘‘(ii) distorts certain costs of produc-
tion, relating to normal value determined 
under subsections (b) and (e) of section 
773.’’. 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF 
PRODUCTION AND CONSTRUCTED VALUE TO 
ADDRESS DISTORTED COSTS. 
(a) IN GENERAL.—Section 773(f)(3) of the Tariff 
Act of 1930 (19 U.S.C. 1677b(f)(3)) is amended— 
(1) by striking ‘‘(3) MAJOR INPUT RULE.—If’’ 
inserting the following: 
‘‘(3) MAJOR INPUT RULE.— 
‘‘(A) IN GENERAL.—If’’; and 
(2) by adding at the end of the following: 
‘‘(B) MAJOR INPUTS FROM CERTAIN UNAF-
FILIATED PERSONS.— 
‘‘(i) IN GENERAL.—In the case of a 
transaction between the exporter or pro-
ducer of the merchandise and any unaffili-
ated persons described in clause (ii) involv-
ing a major input to the merchandise, the 
administering authority may value such 
major input based on the information 
available as to what the amount would 
have been if the transaction had occurred 
between the exporter or producer of the 
merchandise and any unaffiliated persons 
other than unaffiliated persons described 
in clause (ii), if such amount is greater 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
than that reflected in the records of the ex-
porter or producer of the merchandise. 
‘‘(ii) UNAFFILIATED
PERSONS
DE-
SCRIBED.—Unaffiliated persons described 
in this clause include— 
‘‘(I) any person in a nonmarket 
economy country; 
‘‘(II) any producer, exporter, or 
supplier of the input described in 
clause (i) found by the administering 
authority, or by any investigating au-
thority of a third country, to be re-
ceiving a subsidy pertaining to an 
identical or comparable input in the 
respective country; 
‘‘(III) any producer, exporter, or 
supplier of the input described in 
clause (i) found by the administering 
authority, or by any investigating au-
thority of a third country, to be sell-
ing an identical or comparable input 
for less than fair market value in the 
respective country; 
‘‘(IV) a government or public 
body operating within the territory of 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
the exporting country or in any other 
country; or 
‘‘(V) a group of governments or 
public bodies that collectively account 
for a meaningful share of the produc-
tion of the input in the exporting 
country or in any other country.’’. 
TITLE III—PREVENTING 
CIRCUMVENTION 
SEC. 301. MODIFICATION OF REQUIREMENTS IN CIR-
CUMVENTION INQUIRIES. 
(a) IN GENERAL.—Section 781 of the Tariff Act of 
1930 (19 U.S.C. 1677j) is amended by striking subsection 
(f) and inserting the following: 
‘‘(f) PROCEDURES FOR CONDUCTING CIRCUMVEN-
TION INQUIRIES.— 
‘‘(1) INITIATION BY ADMINISTERING AUTHOR-
ITY.—A circumvention inquiry shall be initiated 
whenever the administering authority determines, 
from information available to it, that a formal in-
quiry is warranted into the question of whether the 
elements necessary for a determination under this 
section exist. 
‘‘(2) INITIATION BY INQUIRY REQUEST.— 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(A) IN
GENERAL.—A circumvention in-
quiry shall be initiated whenever an interested 
party files an inquiry request that alleges the 
elements necessary for a determination under 
this section, accompanied by information rea-
sonably available to the requestor supporting 
those allegations. 
‘‘(B) RULES.—The administering author-
ity shall specify requirements for the contents 
and service of an inquiry request under sub-
paragraph (A). 
‘‘(3) ACTION WITH RESPECT TO INQUIRY RE-
QUEST.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the filing of an inquiry request under 
paragraph (2)(A), the administering authority 
shall— 
‘‘(i) initiate a circumvention inquiry; 
‘‘(ii) dismiss the inquiry request as in-
adequate and notify the requestor in writ-
ing of the reasons for the dismissal; or 
‘‘(iii) notify all interested parties that 
the inquiry request will be addressed 
through a determination (other than a de-
termination under this section) by the ad-
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
ministering authority as to whether a par-
ticular type of merchandise is within the 
class or kind of merchandise described in 
an existing finding of dumping or an anti-
dumping or countervailing duty order. 
‘‘(B) EXTENSION.—The administering au-
thority may extend the deadline under subpara-
graph (A) by a period not to exceed 15 days. 
‘‘(4) DETERMINATIONS.— 
‘‘(A) PRELIMINARY DETERMINATIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), not later than 90 days 
after the date on which the initiation of a 
circumvention inquiry under paragraph (1) 
or (3)(A) is published, the administering 
authority shall make a preliminary deter-
mination, based on the information avail-
able to it at the time of the determination, 
of whether there is a reasonable basis to 
believe or suspect that the merchandise 
subject to the inquiry is circumventing an 
existing finding of dumping or an anti-
dumping or countervailing duty order. 
‘‘(ii) EXTENSION.—The administering 
authority may extend the deadline under 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
clause (i) by a period not to exceed 45 
days. 
‘‘(B) FINAL DETERMINATIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), not later than 120 
days after the date on which the prelimi-
nary determination is published under sub-
paragraph (A) with respect to a circumven-
tion inquiry, the administering authority 
shall make a final determination of wheth-
er the merchandise subject to the inquiry 
is circumventing an existing finding of 
dumping or an antidumping or counter-
vailing duty order. 
‘‘(ii) EXTENSION.—The administering 
authority may extend the deadline under 
clause (i) by a period not to exceed 60 
days. 
‘‘(C) OTHER CLASS OR KIND DETERMINA-
TIONS.—If an inquiry request under paragraph 
(2)(A) is addressed through a class or kind de-
termination described in paragraph (3)(C), the 
administering authority shall make such deter-
mination not later than 335 days after the fil-
ing of the inquiry request. 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00023
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(5) RULE
OF
CONSTRUCTION.—The admin-
istering authority may simultaneously initiate a cir-
cumvention inquiry under paragraph (1) or (3)(A) 
and issue a preliminary determination under para-
graph (4)(A) if the pattern of circumvention alleged 
is similar to that of a prior final determination by 
the administering authority.’’. 
(b) SUSPENSION OF LIQUIDATION AND COLLECTION 
OF DEPOSITS OF ENTRIES SUBJECT TO CIRCUMVENTION 
INQUIRY; APPLICATION OF CIRCUMVENTION DETERMINA-
TION.—Section 781 of the Tariff Act of 1930 (19 U.S.C. 
1677j) is further amended by adding at the end the fol-
lowing: 
‘‘(g) SUSPENSION OF LIQUIDATION AND COLLECTION 
OF DEPOSITS OF ENTRIES SUBJECT TO CIRCUMVENTION 
INQUIRY.— 
‘‘(1) IN
GENERAL.—If the administering au-
thority initiates a circumvention inquiry under para-
graph (1) or (3)(A) of subsection (f), for each unliq-
uidated entry of merchandise subject to the cir-
cumvention inquiry entered or withdrawn from ware-
house, that is already suspended, the administering 
authority shall order— 
‘‘(A) the continued suspension of liquida-
tion of such entries; and 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(B) the continued posting of a cash de-
posit in an amount equal to the antidumping 
duty or countervailing duty applicable for such 
entries. 
‘‘(2) PRELIMINARY
DETERMINATION.—If the 
administering authority issues a preliminary affirm-
ative determination under paragraph (4)(A) of sub-
section (f), the administering authority shall order— 
‘‘(A) the suspension, or continued suspen-
sion, of liquidation of all entries of merchandise 
subject to the circumvention inquiry entered, or 
withdrawn from warehouse, for consumption on 
or after the date of publication of the notice of 
initiation of circumvention inquiry under para-
graph (1) or (3)(A) of subsection (f); 
‘‘(B) the suspension, or continued suspen-
sion, of liquidation of all entries of merchandise 
subject to the circumvention inquiry entered, or 
withdrawn from warehouse, for consumption 
prior to the date of publication of the notice of 
initiation of circumvention inquiry under para-
graph (1) or (3)(A) of subsection (f) if the ad-
ministering authority determines, in light of the 
circumstances, that such suspension under this 
paragraph is warranted; and 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(C) the posting, or continued posting, of 
a cash deposit in an amount equal to the anti-
dumping duty or countervailing duty applicable, 
for each entry of merchandise described in sub-
paragraphs (A) and (B). 
‘‘(3) FINAL
DETERMINATION.—If the admin-
istering authority issues a final affirmative deter-
mination under paragraph (4)(B) of subsection (f), 
the administering authority shall order— 
‘‘(A) the suspension, or continued suspen-
sion, of liquidation of all entries of merchandise 
subject to the circumvention inquiry entered, or 
withdrawn from warehouse, for consumption on 
or after the date of publication of the notice of 
initiation of circumvention inquiry under para-
graph (1) or (3)(A) of subsection (f); 
‘‘(B) the suspension, or continued suspen-
sion, of liquidation of all entries of merchandise 
subject to the circumvention inquiry entered, or 
withdrawn from warehouse, for consumption 
prior to the date of publication of the notice of 
initiation of circumvention inquiry under para-
graph (1) or (3)(A) of subsection (f) if the ad-
ministering authority determines, in light of the 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
circumstances, that such suspension under this 
paragraph is warranted; and 
‘‘(C) the posting, or continued posting, of 
a cash deposit in an amount equal to the anti-
dumping duty or countervailing duty applicable, 
for each entry of merchandise described in sub-
paragraphs (A) and (B). 
‘‘(4) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to prevent the admin-
istering authority from applying the requirements 
under this subsection in a class or kind determina-
tion described in subsection (f)(3)(C). 
‘‘(h) APPLICATION OF CIRCUMVENTION DETERMINA-
TION.— 
‘‘(1) IN GENERAL.—The administering author-
ity shall consider the appropriate remedy to address 
circumvention and to prevent evasion of the order 
pursuant to a determination described in subsections 
(4)(f)(A) and (B). Such remedies may include the 
following: 
‘‘(A) The application of the determination 
on a producer-specific, exporter-specific, im-
porter-specific basis, or some combination 
thereof, and, as appropriate, the implementa-
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
tion of a certification requirement under section 
785. 
‘‘(B) The application of the determination 
on a countrywide basis to all products from the 
same country, regardless of producer, exporter, 
or importer of those products, and, as appro-
priate, the implementation of a certification re-
quirement under section 785. 
‘‘(2) EXEMPTION FOR CERTIFICATION.—When 
a certification requirement is implemented under 
this paragraph and the eligible importer or other 
party complies with that requirement, antidumping 
and countervailing duties under this title may not be 
applied to the merchandise under certification.’’. 
(c) PUBLICATION IN THE FEDERAL REGISTER.—Sec-
tion 777(i) of the Tariff Act of 1930 is amended by adding 
at the end the following: 
‘‘(4) CIRCUMVENTION
INQUIRIES.—Whenever 
the administering authority makes a determination 
under section 781 whether to initiate a circumven-
tion inquiry, or makes a preliminary or final deter-
mination under subsection (f)(4) of that section, the 
administering authority shall publish the facts and 
conclusions supporting that determination and shall 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
publish notice of that determination in the Federal 
Register.’’. 
(d) ADDING VERIFICATION RESPONSES
IN CIR-
CUMVENTION INQUIRIES.—Section 782(i) of the Tariff 
Act of 1930 (19 U.S.C. 1677m(i)) is amended— 
(1) in paragraph (2), by striking ‘‘and’’ at the 
end; 
(2) in paragraph (3)(B), by striking the period 
at the end and inserting ‘‘, and’’; and 
(3) by adding at the end the following: 
‘‘(4) a final determination in a circumvention 
inquiry conducted pursuant to section 781 if good 
cause for verification is shown.’’. 
SEC. 302. REQUIREMENT OF PROVISION BY IMPORTER OF 
CERTIFICATION BY IMPORTER OR OTHER 
PARTY. 
(a) IN GENERAL.—Subtitle D of title VII of the Tar-
iff Act of 1930 (19 U.S.C. 1677 et seq.), as amended by 
section 103(a), is further amended by adding at the end 
the following: 
‘‘SEC. 785. REQUIREMENT FOR CERTIFICATION BY IM-
PORTER OR OTHER PARTY. 
‘‘(a) REQUIREMENT.— 
‘‘(1) IN GENERAL.—For imports of merchan-
dise into the customs territory of the United States, 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
the administering authority may require an importer 
or other party— 
‘‘(A) to provide by electronic means, at the 
time of entry or with the entry summary, a cer-
tification described in paragraph (2); 
‘‘(B) to maintain that certification; or 
‘‘(C) to otherwise demonstrate compliance 
with the requirements for that certification. 
‘‘(2) CERTIFICATION
DESCRIBED.—A certifi-
cation described in this paragraph is a certification 
by the importer of the merchandise or other party, 
as required by the administering authority, that 
among other things— 
‘‘(A) the merchandise is not subject to an 
antidumping or countervailing duty proceeding 
under this title; and 
‘‘(B) the inputs used in production, trans-
formation, or processing of the merchandise are 
not subject to an antidumping or countervailing 
duty under this title. 
‘‘(3) AVAILABLE
UPON
REQUEST.—A certifi-
cation required by the administering authority under 
paragraph (1), if not already provided, shall be made 
available upon request to the administering author-
ity or the Commissioner of U.S. Customs and Bor-
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
der Protection (in this section referred to as the 
‘Commissioner’). 
‘‘(b) AUTHORITY TO COLLECT CASH DEPOSITS AND 
TO ASSESS DUTIES.— 
‘‘(1) IN
GENERAL.—If the administering au-
thority requires an importer or other party to pro-
vide a certification described in paragraph (2) of 
subsection (a) for merchandise imported into the 
customs territory of the United States pursuant to 
paragraph (1) of that subsection, and the importer 
or other party does not provide that certification or 
that certification contains any false, misleading, or 
fraudulent statement or representation or any mate-
rial omission, the administering authority shall in-
struct the Commissioner— 
‘‘(A) to suspend liquidation of the entry; 
‘‘(B) to require that the importer or other 
party post a cash deposit in an amount equal 
to the antidumping duty or countervailing duty 
applicable to the merchandise; and 
‘‘(C) to assess the appropriate rate of duty 
upon liquidation or reliquidation of the entry. 
‘‘(2) ASSESSMENT RATE.—If no rate of duty 
for an entry is available at the time of assessment 
under paragraph (1)(C), the administering authority 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
shall identify the applicable cash deposit rate to be 
applied to the entry, with the applicable duty rate to 
be provided as soon as the duty rate becomes avail-
able. 
‘‘(c) PENALTIES.—If the administering authority re-
quires an importer or other party to provide a certification 
described in paragraph (2) of subsection (a) for merchan-
dise imported into the customs territory of the United 
States pursuant to paragraph (1) of that subsection, and 
the importer or other party does not provide that certifi-
cation or that certification contains any false, misleading, 
or fraudulent statement or representation or any material 
omission, the importer of the merchandise may be subject 
to a penalty pursuant to section 592 of this Act, section 
1001 of title 18, United States Code, or any other applica-
ble provision of law.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Tariff Act of 1930, as amended by section 103(b), 
is further amended by inserting after the item relating to 
section 784 the following: 
‘‘Sec. 785. Requirement for certification by importer or other party.’’. 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6211
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPART-
MENT OF COMMERCE REGARDING DETER-
MINATIONS OF CLASS OR KIND OF MERCHAN-
DISE. 
(a) DETERMINATIONS OF CLASS OR KIND OF MER-
CHANDISE.—To determine whether merchandise imported 
into the United States is within the class or kind of mer-
chandise covered by an antidumping or countervailing 
duty proceeding under title VII of the Tariff Act of 1930 
(19 U.S.C. 1671 et seq.), the administering authority may 
use any reasonable method and is not bound by the deter-
minations of any other Federal department or agency, in-
cluding tariff classification and country of origin marking 
rulings issued by the Commissioner of U.S. Customs and 
Border Protection. Class or kind determinations may be 
made under this section or under section 781 in accord-
ance with the criteria set forth in this section or in section 
781. 
(b) ORIGIN OF MERCHANDISE.—To determine the or-
igin of merchandise for purposes of an antidumping or 
countervailing duty proceeding under title VII of the Tar-
iff Act of 1930 (19 U.S.C. 1671 et seq.), the administering 
authority may apply any reasonable method and may con-
sider relevant factors, including— 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
(1) whether the upstream and downstream 
products are within the same class or kind of mer-
chandise; 
(2) whether an essential characteristic of the 
merchandise, or an essential component thereof, is 
substantially transformed in the country of expor-
tation; 
(3) the physical characteristics of the merchan-
dise; 
(4) the value added, nature, and sophistication 
of processing in the third country or countries; 
(5) the level of investment in the third country 
or countries; and 
(6) any other factors that the administering au-
thority considers appropriate. 
(c) 
REVIEWABLE
DETERMINATIONS.—Section 
516A(a)(2)(A)(ii) of the Tariff Act of 1930 (19 U.S.C. 
1516a(a)(2)(A)(ii)) is amended to read as follows: 
‘‘(ii) the date of publication in the 
Federal Register of notice of a determina-
tion described in clause (iv) of subpara-
graph (B), or, if no such notice is pub-
lished, the date on which the administering 
authority conveys a copy of such deter-
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
mination to an interested party who is a 
party to the proceeding,’’. 
SEC. 304. ASSET REQUIREMENTS APPLICABLE TO NON-
RESIDENT IMPORTERS. 
(a) IN GENERAL.—Part III of title IV of the Tariff 
Act of 1930 (19 U.S.C. 1481 et seq.) is amended by in-
serting after section 484b the following: 
‘‘SEC. 484c. ASSET REQUIREMENTS APPLICABLE TO NON-
RESIDENT IMPORTERS. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) IMPORTER; NONRESIDENT
IMPORTER.— 
The terms ‘importer’ and ‘nonresident importer’ 
have the meanings given those terms in section 
641(i). 
‘‘(2) RESIDENT IMPORTER.—The term ‘resident 
importer’ means any importer other than a non-
resident importer. 
‘‘(b) REQUIREMENTS FOR NONRESIDENT IMPORT-
ERS.—Except as provided in subsection (c), the Commis-
sioner of U.S. Customs and Border Protection shall— 
‘‘(1) require a nonresident importer that im-
ports merchandise into the United States to main-
tain assets in the United States sufficient to pay all 
duties that may potentially be applied to the mer-
chandise; and 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
‘‘(2) require a bond with respect to the mer-
chandise in an amount sufficient to ensure full liabil-
ity on the part of a nonresident importer and the 
surety of the importer based on the amount of assets 
the Commissioner determines to be sufficient under 
subsection (c). 
‘‘(c) DETERMINATION OF AMOUNT OF ASSETS RE-
QUIRED TO BE MAINTAINED.—For purposes of sub-
section (b)(1), the Commissioner shall calculate the 
amount of assets sufficient to pay all duties that may po-
tentially be applied to merchandise imported by a non-
resident importer, calculated using the declared customs 
value of the merchandise, of all duties, fees, interest, 
taxes, or other charges, and all deposits for duties, fees, 
interest, taxes, or other charges, that would apply with 
respect to the merchandise if the merchandise were subject 
to the highest rate of all duties applicable to such imported 
merchandise. 
‘‘(d) MAINTENANCE
OF ASSETS
IN
THE UNITED 
STATES.— 
‘‘(1) IN GENERAL.—For purposes of subsection 
(b)(1), a nonresident importer of merchandise meets 
the requirement to maintain assets in the United 
States if the importer has clear title, at all times be-
tween the entry of the merchandise and the liquida-
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
tion of the entry and payment in full of all cor-
responding bills issued as a result of the liquidation, 
to assets described in paragraph (2) with a value 
equal to the amount determined under subsection 
(c). 
‘‘(2) ASSETS DESCRIBED.—An asset described 
in this paragraph is— 
‘‘(A) an asset held by a United States fi-
nancial institution; 
‘‘(B) an interest in an entity organized 
under the laws of the United States or any ju-
risdiction within the United States; or 
‘‘(C) an interest in real or personal prop-
erty located in the United States or any terri-
tory or possession of the United States. 
‘‘(e) EXCEPTIONS.—The requirements of this section 
shall not apply with respect to a nonresident importer— 
‘‘(1) that is a validated Tier 2 or Tier 3 partici-
pant in the Customs-Trade Partnership Against 
Terrorism program established under subtitle B of 
title II of the Security and Accountability For Every 
Port Act of 2006 (6 U.S.C. 961 et seq.); or 
‘‘(2) if the Commissioner is satisfied, based on 
certified information supplied by the importer and 
any other relevant evidence, that the Commissioner 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
has the same or equivalent ability to collect all du-
ties that may potentially be applied to merchandise 
imported by the importer as the Commissioner 
would have if the importer were a resident importer. 
‘‘(f) PROCEDURES.— 
‘‘(1) IN
GENERAL.—The Commissioner shall 
prescribe procedures for assuring that nonresident 
importers maintain the assets required by subsection 
(b). 
‘‘(2) DEADLINE.—The Commissioner shall en-
sure the procedures required by paragraph (1) are 
prescribed and in effect not later than 90 days after 
the date of the enactment of this Act. 
‘‘(g) PENALTIES.— 
‘‘(1) IN GENERAL.—It shall be unlawful for any 
person to import into the United States any mer-
chandise in violation of this section. 
‘‘(2) CIVIL PENALTIES.—Any person who vio-
lates paragraph (1) shall— 
‘‘(A) in the case of merchandise described 
in such paragraph with a domestic value that is 
equal to or greater than $50,000, be liable for 
a civil penalty of $50,000 for each such viola-
tion; or 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
under subtitle C of title VII of such Act (19 U.S.C. 1675 
et seq.), circumvention inquiries requested under section 
781 of such Act (19 U.S.C. 1677j), class or kind deter-
minations under section 303 of this Act, claims of evasion 
of antidumping and countervailing duty orders initiated 
under the Tariff Act of 1930, and claims of evasion of 
safeguard actions initiated under the Tariff Act of 1930 
on or after the date of the enactment of this Act. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—The amendments made by 
this Act apply to— 
(A) investigations or reviews under title 
VII of the Tariff Act of 1930 pending on the 
date of the enactment of this Act if the date on 
which the fully extended preliminary determina-
tion is scheduled is not earlier than 45 days 
after such date of enactment, except that sec-
tion 784 of the Tariff Act of 1930, as added by 
section 103 of this Act, shall not apply to inves-
tigations under title VII of the Tariff Act of 
1930 that are pending on such date of enact-
ment; 
(B) circumvention inquiries under section 
781 of the Tariff Act of 1930 pending on such 
date of enactment, if the date of publication of 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00050
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS
the initiation of the inquiry is not earlier than 
45 days before such date of enactment; and 
(C) 
circumvention 
inquiries 
requested 
under such section 781 but not initiated before 
such date of enactment. 
(2) DEADLINES FOR CIRCUMVENTION INQUIR-
IES.— 
(A) DETERMINATIONS.—In the case of a 
circumvention inquiry described in paragraph 
(1)(B), subsection (f)(4) of section 781 of the 
Tariff Act of 1930, as amended by section 
301(a), shall be applied and administered— 
(i) in subparagraph (A)(i), by sub-
stituting ‘‘the date of the enactment of the 
Eliminating Global Market Distortions to 
Protect American Jobs Act of 2021’’ for 
‘‘the date on which the initiation of a cir-
cumvention inquiry under paragraph (1) or 
(3)(A) is published’’; and 
(ii) in subparagraph (C), by sub-
stituting ‘‘the date of the enactment of the 
Eliminating Global Market Distortions to 
Protect American Jobs Act of 2021’’ for 
‘‘the filing of the inquiry request’’. 
VerDate Sep 11 2014 
03:41 Dec 11, 2021
Jkt 029200
PO 00000
Frm 00051
Fmt 6652
Sfmt 6201
E:\BILLS\H6121.IH
H6121
kjohnson on DSK79L0C42PROD with BILLS