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(5) United States trade laws should be
strengthened to see that the remedial purpose of the
laws is achieved in fact.
SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.
(a) IN GENERAL.—Chapter 1 of subtitle C of title
VII of the Tariff Act of 1930 (19 U.S.C. 1675 et seq.)
is amended by adding at the end the following new section:
‘‘SEC. 754. CONTINUED DUMPING OR SUBSIDY OFFSET.
‘‘(a) IN GENERAL.—Whenever continued dumping or
subsidization is found to exist by the administering au-
thority under section 751(a) of this Act or by operation
of law, any duties assessed shall be distributed to the af-
fected domestic producers for qualifying expenditures on
an annual basis. Such disbursement shall be known as the
‘continued dumping or subsidy offset’.
‘‘(b) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘affected domestic producer’
means any manufacturer, producer, farmer, rancher
or worker representative, including associations of
such individuals and entities, that was a petitioner
or interested party in support of the petition with
respect to which an antidumping duty finding or
order or countervailing duty order has been entered
and remains in operation. Companies or businesses
that have ceased the production of the product cov-
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ered by the order or finding or who have been ac-
quired by a company or business that is related to
a company that opposed the investigation shall not
be an affected domestic producer.
‘‘(2) The term ‘Commissioner’ means the Com-
missioner of the United States Customs Service.
‘‘(3) The term ‘Commission’ means the United
States International Trade Commission.
‘‘(4) The term ‘qualifying expenditure’ means
an expenditure incurred after the issuance of the
antidumping duty finding or order or countervailing
duty order in any of the following categories:
‘‘(A) plant;
‘‘(B) equipment;
‘‘(C) research and development;
‘‘(D) personnel training;
‘‘(E) acquisition of technology;
‘‘(F) health care benefits to employees paid
for by the employer;
‘‘(G) pension benefits to employees paid
for by the employer;
‘‘(H) environmental equipment, training,
or technology;
‘‘(I) acquisition of raw materials and other
inputs; and
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‘‘(J) borrowed working capital or other
funds needed to maintain production.
‘‘(c) DISBURSEMENT PROCEDURES.—The Commis-
sioner shall prescribe procedures for disbursing the contin-
ued dumping or subsidies offset required by this section
provided that disbursement shall occur for monies as-
sessed during a fiscal year not later than sixty days after
the beginning of the following fiscal year.
‘‘(d) PARTIES ELIGIBLE
FOR DISTRIBUTION
OF
ANTIDUMPING
AND
COUNTERVAILING
DUTIES
AS-
SESSED.—
‘‘(1) The Commission shall forward to the Com-
missioner within sixty days of the effective date of
this section or within sixty days of an antidumping
or countervailing duty order issued after the effec-
tive date of this section a list of petitioners and com-
panies that indicate support of the petition by inclu-
sion in the petition or supplements thereto, by letter
or through questionnaire response. Where no injury
test was required or where the Commission’s records
do not permit an identification of those in support
of a petition the Commission shall consult with the
Department of Commerce to determine the identity
of the petitioner and those domestic parties who
have entered appearances during administrative re-
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views conducted by Commerce and sought vigorous
enforcement of United States law.
‘‘(2) The Commissioner shall publish in the
Federal Register at least thirty days prior to the
issuance of payments, a notice of intention to dis-
tribute duty assessments, the list of companies eligi-
ble based on the list obtained from the Commission,
and shall request a certification from each recipient
as to—
‘‘(A) desire to receive distribution,
‘‘(B) continued eligibility as an affected
domestic producer, and
‘‘(C) the qualifying expenditures incurred
since the issuance of the order for which dis-
tribution under this section has not previously
been made.
‘‘(3) The Commissioner shall distribute all
funds (including all interest earned) from assess-
ments received in the completed fiscal year to af-
fected domestic producers based on the affirmative
responses to paragraph (2) on a pro rata basis based
on new and remaining qualifying expenditures.
‘‘(e) SPECIAL ACCOUNTS.—
‘‘(1) Within fourteen days of the effective date
of this provision for outstanding antidumping orders
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and findings or for outstanding countervailing duty
orders or within fourteen days of the date an anti-
dumping or countervailing duty order takes effect,
the Commissioner shall establish in the Treasury a
special account with respect to that order or finding.
‘‘(2) The Commissioner shall have deposited
into the special accounts all antidumping or counter-
vailing duties, including interest on such duties, that
are assessed under the antidumping order or finding
or the countervailing duty order with respect to
which the account was established since the effective
date of this section.
‘‘(3) The monies in a special account shall be
available for distribution to the extent of actual as-
sessment (including interest).
‘‘(4) Consistent with the requirements of sub-
section (c), the Commissioner shall by regulation
prescribe the time and manner in which distribution
of funds from special accounts will be made.
‘‘(5) The special accounts shall remain in exist-
ence until all entries relating to an order which has
been terminated are liquidated and duties assessed
collected and the Commissioner has provided one
last notice of opportunity to obtain distribution pur-
suant to subsection (c). Amounts not claimed within
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90 days of the time of such final distribution shall
be returned to the general fund of the Treasury.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII of the Tariff Act of 1930 is amended
by inserting the following new item after the item relating
to section 753:
‘‘Sec. 754. Continued dumping or subsidy offset.’’.
(c) EFFECTIVE DATE.—The continued antidumping
or subsidy offset shall apply with regard to all assessments
made on or after October 1, 1996, on outstanding anti-
dumping findings or orders or countervailing duty orders.
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