I 
111TH CONGRESS 
1ST SESSION 
H. R. 499 
To amend title VII of the Tariff Act of 1930 to provide that the provisions 
relating to countervailing duties apply to nonmarket economy countries, 
and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 14, 2009 
Mr. DAVIS of Alabama (for himself and Ms. GINNY BROWN-WAITE of Florida) 
introduced the following bill; which was referred to the Committee on 
Ways and Means, and in addition to the Committee on Rules, for a pe-
riod to be subsequently determined by the Speaker, in each case for con-
sideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To amend title VII of the Tariff Act of 1930 to provide 
that the provisions relating to countervailing duties apply 
to nonmarket economy countries, 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 ‘‘Nonmarket Economy 
Trade Remedy Act of 2009’’. 
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SEC. 2. APPLICATION OF COUNTERVAILING DUTIES TO 
NONMARKET ECONOMIES AND STRENGTH-
ENING APPLICATION OF THE LAW. 
(a) IN GENERAL.—Section 701(a)(1) of the Tariff 
Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by insert-
ing ‘‘(including a nonmarket economy country)’’ after 
‘‘country’’ each place it appears. 
(b) RECOGNITION OF COUNTERVAILABLE SUBSIDIES 
IN
NONMARKET
ECONOMY
COUNTRIES.—Section 
771(5)(C) of the Tariff Act of 1930 (19 U.S.C. 
1677(5)(E)) is amended to read as follows: 
‘‘(C) OTHER
FACTORS.—(i) The deter-
mination of whether a subsidy exists shall be 
made without regard to— 
‘‘(I) whether the recipient of the 
subsidy is publicly or privately owned; 
‘‘(II) whether the subsidy is pro-
vided directly or indirectly on the 
manufacture, production, or export of 
merchandise; and 
‘‘(III)(aa) whether the country is 
a nonmarket economy country, or 
‘‘(bb) the level of economic re-
forms in a country that is a non-
market economy country, 
at the time the subsidy is provided. 
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‘‘(ii) The administering authority is 
not required to consider the effect of the 
subsidy in determining whether a subsidy 
exists under this paragraph.’’. 
(c) USE OF ALTERNATE METHODOLOGIES INVOLV-
ING CHINA.—Section 771(5)(E) of the Tariff Act of 1930 
(19 U.S.C. 1677(5)(E)) is amended by adding at the end 
the following: ‘‘If the administering authority encounters 
special difficulties in identifying and calculating the 
amount of a benefit under clauses (i) through (iv) with 
respect to an investigation or review involving the People’s 
Republic of China, irrespective of whether the admin-
istering authority determines that China is a nonmarket 
economy country under paragraph (18) of this section, the 
administering authority shall use methodologies to identify 
and calculate the amount of the benefit that take into ac-
count the possibility that terms and conditions prevailing 
in China may not always be available as appropriate 
benchmarks. In applying such methodologies, where prac-
ticable, the administering authority should take into ac-
count and adjust terms and conditions prevailing in China 
before using terms and conditions prevailing outside of 
China. When the administering authority has determined 
that China is a nonmarket economy country under para-
graph (18) of this section, the administering authority 
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shall presume that special difficulties exist in calculating 
the amount of a benefit under clauses (i) through (iv) with 
respect to an investigation or review involving China and 
that it is not practicable to take into account and adjust 
terms and conditions prevailing in China, and the admin-
istering authority shall use terms and conditions pre-
vailing outside of China.’’. 
(d) SUBSIDIES PROVIDED TO STATE-OWNED ENTER-
PRISES IN THE PEOPLE’S REPUBLIC OF CHINA.—Section 
771(5A) of the Tariff Act of 1930 (19 U.S.C. 1677(5A)) 
is amended by adding at the end the following: 
‘‘For purposes of this paragraph, subsidies provided 
to state-owned enterprises in the People’s Republic 
of China shall be deemed to be specific if, inter alia, 
state-owned enterprises are the predominant recipi-
ents of such subsidies or state-owned enterprises re-
ceive disproportionately large amounts of such sub-
sidies.’’. 
(e) ANTIDUMPING PROVISIONS NOT AFFECTED.— 
The amendments made by this section shall not affect the 
status of a country as a nonmarket economy country for 
the purposes of any matter relating to antidumping duties 
under subtitle B of title VII of the Tariff Act of 1930 
(19 U.S.C. 1673 et seq.). 
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(f) RULE
OF CONSTRUCTION.—The amendments 
made by this section shall not be construed to affect the 
interpretation of any provision of law as in effect on the 
day before the date of the enactment of this Act with re-
spect to the application of countervailing duties to non-
market economy countries. 
(g) EFFECTIVE DATE.—The amendments made by 
this section apply to petitions filed under section 702 of 
the Tariff Act of 1930 (19 U.S.C. 1671a) on or after Oc-
tober 1, 2006. 
SEC. 3. TREATMENT OF INDIVIDUAL BUSINESS ENTER-
PRISES IN NONMARKET ECONOMY COUN-
TRIES. 
Section 771(18) of the Tariff Act of 1930 (19 U.S.C. 
1677(18)) is amended— 
(1) by redesignating subparagraphs (D) and 
(E) as subparagraph (E) and (F), respectively; and 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(D) TREATMENT
OF
INDIVIDUAL
BUSI-
NESS
ENTERPRISES.—The administering au-
thority shall not consider requests for market 
economy treatment at the individual business 
enterprise level in an antidumping proceeding 
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involving a foreign country determined to be a 
nonmarket economy country.’’. 
SEC. 4. REVOCATION OF NONMARKET ECONOMY COUNTRY 
STATUS. 
(a) AMENDMENT OF DEFINITION OF ‘‘NONMARKET 
ECONOMY COUNTRY’’.—Section 771(18)(C)(i) of the Tar-
iff Act of 1930 (19 U.S.C. 1677(18)(C)(i)) is amended 
to read as follows: 
‘‘(i) Any determination that a foreign 
country is a nonmarket economy country 
shall remain in effect until— 
‘‘(I) the administering authority 
makes a final determination to revoke 
the determination under subparagraph 
(A); and 
‘‘(II) a joint resolution is enacted 
into law pursuant to subsections (b) 
through (i) of section 4 of the Non-
market Economy Trade Remedy Act 
of 2009.’’. 
(b) NOTIFICATION BY PRESIDENT; JOINT RESOLU-
TION.—Whenever the administering authority makes a 
final determination under section 771(18)(C)(i)(I) of the 
Tariff Act of 1930 (19 U.S.C. 1677(18)(C)(i)(I)) to re-
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voke the determination that a foreign country is a non-
market economy country— 
(1) the President shall notify the Committee on 
Finance of the Senate and the Committee on Ways 
and Means of the House of Representatives of that 
determination not later than 10 days after the publi-
cation of the administering authority’s final deter-
mination in the Federal Register; 
(2) the President shall transmit to the Congress 
a request that a joint resolution be introduced pur-
suant to this section; and 
(3) a joint resolution shall be introduced in the 
Congress pursuant to this section. 
(c) DEFINITION.—For purposes of this section, the 
term ‘‘joint resolution’’ means only a joint resolution of 
the 2 Houses of the Congress, the matter after the resolv-
ing clause of which is as follows: ‘‘That the Congress ap-
proves the change of nonmarket economy status with re-
spect to the products of lllll transmitted by the 
President to the Congress on lllll.’’, the first 
blank space being filled in with the name of the country 
with respect to which a determination has been made 
under section 771(18)(C)(i) of the Tariff Act of 1930 (19 
U.S.C. 1677(18)(C)(i)), and the second blank space being 
filled with the date on which the President notified the 
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Committee on Finance of the Senate and the Committee 
on Ways and Means of the House of Representatives 
under subsection (b)(1). 
(d) INTRODUCTION.—A joint resolution shall be in-
troduced (by request) in the House of Representatives by 
the majority leader of the House, for himself, or by Mem-
bers of the House designated by the majority leader of 
the House, and shall be introduced (by request) in the 
Senate by the majority leader of the Senate, for himself, 
or by Members of the Senate designated by the majority 
leader of the Senate. 
(e) AMENDMENTS PROHIBITED.—No amendment to 
a joint resolution shall be in order in either the House 
of Representatives or the Senate, and no motion to sus-
pend the application of this subsection shall be in order 
in either House, nor shall it be in order in either House 
for the presiding officer to entertain a request to suspend 
the application of this subsection by unanimous consent. 
(f) PERIOD FOR COMMITTEE AND FLOOR CONSIDER-
ATION.— 
(1) IN GENERAL.—If the committee or commit-
tees of either House to which a joint resolution has 
been referred have not reported the joint resolution 
at the close of the 45th day after its introduction, 
such committee or committees shall be automatically 
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discharged from further consideration of the joint 
resolution and it shall be placed on the appropriate 
calendar. A vote on final passage of the joint resolu-
tion shall be taken in each House on or before the 
close of the 15th day after the joint resolution is re-
ported by the committee or committees of that 
House to which it was referred, or after such com-
mittee or committees have been discharged from fur-
ther consideration of the joint resolution. If, prior to 
the passage by one House of a joint resolution of 
that House, that House receives the same joint reso-
lution from the other House, then— 
(A) the procedure in that House shall be 
the same as if no joint resolution had been re-
ceived from the other House, but 
(B) the vote on final passage shall be on 
the joint resolution of the other House. 
(2) COMPUTATION OF DAYS.—For purposes of 
paragraph (1), in computing a number of days in ei-
ther House, there shall be excluded any day on 
which that House is not in session. 
(g) FLOOR CONSIDERATION IN THE HOUSE.— 
(1) MOTION
PRIVILEGED.—A motion in the 
House of Representatives to proceed to the consider-
ation of a joint resolution shall be highly privileged 
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and not debatable. An amendment to the motion 
shall not be in order, nor shall it be in order to move 
to reconsider the vote by which the motion is agreed 
to or disagreed to. 
(2) DEBATE LIMITED.—Debate in the House of 
Representatives on a joint resolution shall be limited 
to not more than 20 hours, which shall be divided 
equally between those favoring and those opposing 
the joint resolution. A motion further to limit debate 
shall not be debatable. It shall not be in order to 
move to recommit a joint resolution or to move to 
reconsider the vote by which a joint resolution is 
agreed to or disagreed to. 
(3) MOTIONS TO POSTPONE.—Motions to post-
pone, made in the House of Representatives with re-
spect to the consideration of a joint resolution, and 
motions to proceed to the consideration of other 
business, shall be decided without debate. 
(4) APPEALS.—All appeals from the decisions 
of the Chair relating to the application of the Rules 
of the House of Representatives to the procedure re-
lating to a joint resolution shall be decided without 
debate. 
(5) OTHER RULES.—Except to the extent spe-
cifically provided in the preceding provisions of this 
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subsection, consideration of a joint resolution shall 
be governed by the Rules of the House of Represent-
atives applicable to other bills and resolutions in 
similar circumstances. 
(h) FLOOR CONSIDERATION IN THE SENATE.— 
(1) MOTION
PRIVILEGED.—A motion in the 
Senate to proceed to the consideration of a joint res-
olution shall be privileged and not debatable. An 
amendment to the motion shall not be in order, nor 
shall it be in order to move to reconsider the vote 
by which the motion is agreed to or disagreed to. 
(2) DEBATE LIMITED.—Debate in the Senate 
on a joint resolution, and all debatable motions and 
appeals in connection therewith, shall be limited to 
not more than 20 hours. The time shall be equally 
divided between, and controlled by, the majority 
leader and the minority leader or their designees. 
(3) CONTROL OF DEBATE.—Debate in the Sen-
ate on any debatable motion or appeal in connection 
with a joint resolution shall be limited to not more 
than 1 hour, to be equally divided between, and con-
trolled by, the mover and the manager of the joint 
resolution, except that in the event the manager of 
the joint resolution is in favor of any such motion 
or appeal, the time in opposition thereto shall be 
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controlled by the minority leader or his designee. 
Such leaders, or either of them, may, from time 
under their control on the passage of a joint resolu-
tion, allot additional time to any Senator during the 
consideration of any debatable motion or appeal. 
(4) OTHER MOTIONS.—A motion in the Senate 
to further limit debate is not debatable. A motion to 
recommit a joint resolution is not in order. 
(i) RULES OF HOUSE OF REPRESENTATIVES AND 
SENATE.—Subsections (c) through (h) are enacted by the 
Congress— 
(1) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such subsections (c) through (h) 
are deemed a part of the rules of each House, re-
spectively, but applicable only with respect to the 
procedure to be followed in that House in the case 
of joint resolutions described in subsection (c), and 
subsections (c) through (h) supersede other rules 
only to the extent that they are inconsistent there-
with; and 
(2) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
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in the same manner and to the same extent as in 
the case of any other rule of that House. 
Æ 
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