II 
112TH CONGRESS 
2D SESSION 
H. R. 4105 
IN THE SENATE OF THE UNITED STATES 
MARCH 7, 2012 
Received 
AN ACT 
To apply the countervailing duty provisions of the Tariff 
Act of 1930 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, 
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HR 4105 RDS 
SECTION 1. APPLICATION OF COUNTERVAILING DUTY PRO-
VISIONS TO NONMARKET ECONOMY COUN-
TRIES. 
(a) IN GENERAL.—Section 701 of the Tariff Act of 
1930 (19 U.S.C. 1671) is amended by adding at the end 
the following: 
‘‘(f) APPLICABILITY
TO PROCEEDINGS INVOLVING 
NONMARKET ECONOMY COUNTRIES.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), the merchandise on which countervailing 
duties shall be imposed under subsection (a) includes 
a class or kind of merchandise imported, or sold (or 
likely to be sold) for importation, into the United 
States from a nonmarket economy country. 
‘‘(2) EXCEPTION.—A countervailing duty is not 
required to be imposed under subsection (a) on a 
class or kind of merchandise imported, or sold (or 
likely to be sold) for importation, into the United 
States from a nonmarket economy country if the ad-
ministering authority is unable to identify and meas-
ure subsidies provided by the government of the non-
market economy country or a public entity within 
the territory of the nonmarket economy country be-
cause the economy of that country is essentially 
comprised of a single entity.’’. 
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(b) EFFECTIVE DATE.—Subsection (f) of section 701 
of the Tariff Act of 1930, as added by subsection (a) of 
this section, applies to— 
(1) all proceedings initiated under subtitle A of 
title VII of that Act (19 U.S.C. 1671 et seq.) on or 
after November 20, 2006; 
(2) all resulting actions by U.S. Customs and 
Border Protection; and 
(3) all civil actions, criminal proceedings, and 
other proceedings before a Federal court relating to 
proceedings referred to in paragraph (1) or actions 
referred to in paragraph (2). 
SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN 
PROCEEDINGS RELATING TO IMPORTS FROM 
NONMARKET ECONOMY COUNTRIES. 
(a) IN GENERAL.—Section 777A of the Tariff Act 
of 1930 (19 U.S.C. 1677f–1) is amended by adding at 
the end the following: 
‘‘(f) ADJUSTMENT OF ANTIDUMPING DUTY IN CER-
TAIN PROCEEDINGS RELATING TO IMPORTS FROM NON-
MARKET ECONOMY COUNTRIES.— 
‘‘(1) IN
GENERAL.—If the administering au-
thority determines, with respect to a class or kind of 
merchandise from a nonmarket economy country for 
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‘‘(2) MAXIMUM
REDUCTION
IN
ANTIDUMPING 
DUTY.—The administering authority may not reduce 
the antidumping duty applicable to a class or kind 
of merchandise from a nonmarket economy country 
under this subsection by more than the portion of 
the countervailing duty rate attributable to a 
countervailable subsidy that is provided with respect 
to the class or kind of merchandise and that meets 
the conditions described in subparagraphs (A), (B), 
and (C) of paragraph (1).’’. 
(b) EFFECTIVE DATE.—Subsection (f) of section 
777A of the Tariff Act of 1930, as added by subsection 
(a) of this section, applies to— 
(1) all investigations and reviews initiated pur-
suant to title VII of that Act (19 U.S.C. 1671 et 
seq.) on or after the date of the enactment of this 
Act; and 
(2) subject to subsection (c) of section 129 of 
the Uruguay Round Agreements Act (19 U.S.C. 
3538), all determinations issued under subsection 
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(b)(2) of that section on or after the date of the en-
actment of this Act. 
Passed the House of Representatives March 6, 
2012. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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