H. R. 1295—24 
771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) 
is amended to read as follows: 
‘‘(I) actual and potential decline in output, 
sales, market share, gross profits, operating 
profits, net profits, ability to service debt, produc-
tivity, return on investments, return on assets, 
and utilization of capacity,’’. 
(c) CAPTIVE PRODUCTION.—Section 771(7)(C)(iv) of the Tariff 
Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended— 
(1) in subclause (I), by striking the comma and inserting 
‘‘, and’’; 
(2) in subclause (II), by striking ‘‘, and’’ and inserting 
a comma; and 
(3) by striking subclause (III). 
SEC. 504. PARTICULAR MARKET SITUATION. 
(a) DEFINITION
OF
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: 
‘‘(C) Situations in which the administering authority 
determines that the particular market situation prevents 
a proper comparison with the export price or constructed 
export price.’’. 
(b) DEFINITION OF NORMAL VALUE.—Section 773(a)(1)(B)(ii)(III) 
of the Tariff Act of 1930 (19 U.S.C. 1677b(a)(1)(B)(ii)(III)) is 
amended by striking ‘‘in such other country.’’. 
(c) DEFINITION OF CONSTRUCTED VALUE.—Section 773(e) of the 
Tariff Act of 1930 (19 U.S.C. 1677b(e)) is amended— 
(1) in paragraph (1), by striking ‘‘business’’ and inserting 
‘‘trade’’; and 
(2) by striking the flush text at the end and inserting 
the following: 
‘‘For purposes of paragraph (1), if a particular market situation 
exists such that the cost of materials and fabrication or other 
processing of any kind does not accurately reflect the cost of produc-
tion in the ordinary course of trade, the administering authority 
may use another calculation methodology under this subtitle or 
any other calculation methodology. For purposes of paragraph (1), 
the cost of materials shall be determined without regard to any 
internal tax in the exporting country imposed on such materials 
or their disposition that is remitted or refunded upon exportation 
of the subject merchandise produced from such materials.’’. 
SEC. 505. DISTORTION OF PRICES OR COSTS. 
(a) INVESTIGATION OF BELOW-COST SALES.—Section 773(b)(2) 
of the Tariff Act of 1930 (19 U.S.C. 1677b(b)(2)) is amended by 
striking subparagraph (A) and inserting the following: 
‘‘(A) REASONABLE GROUNDS TO BELIEVE OR SUSPECT.— 
‘‘(i) REVIEW.—In a review conducted under section 
751 involving a specific exporter, there are reasonable 
grounds to believe or suspect that sales of the foreign 
like product have been made at prices that are less 
than the cost of production of the product if the admin-
istering authority disregarded some or all of the 
exporter’s sales pursuant to paragraph (1) in the inves-
tigation or, if a review has been completed, in the 
most recently completed review.
H. R. 1295—25 
‘‘(ii) REQUESTS FOR INFORMATION.—In an investiga-
tion initiated under section 732 or a review conducted 
under section 751, the administering authority shall 
request information necessary to calculate the con-
structed value and cost of production under subsections 
(e) and (f) to determine whether there are reasonable 
grounds to believe or suspect that sales of the foreign 
like product have been made at prices that represent 
less than the cost of production of the product.’’. 
(b) PRICES
AND COSTS
IN NONMARKET ECONOMIES.—Section 
773(c) of the Tariff Act of 1930 (19 U.S.C. 1677b(c)) is amended 
by adding at the end the following: 
‘‘(5) DISCRETION
TO
DISREGARD
CERTAIN
PRICE
OR
COST 
VALUES.—In valuing the factors of production under paragraph 
(1) for the subject merchandise, the administering authority 
may disregard price or cost values without further investigation 
if the administering authority has determined that broadly 
available export subsidies existed or particular instances of 
subsidization occurred with respect to those price or cost values 
or if those price or cost values were subject to an antidumping 
order.’’. 
SEC. 506. REDUCTION IN BURDEN ON DEPARTMENT OF COMMERCE 
BY REDUCING THE NUMBER OF VOLUNTARY RESPOND-
ENTS. 
Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 1677m(a)) 
is amended— 
(1) in paragraph (1), by redesignating subparagraphs (A) 
and (B) as clauses (i) and (ii), respectively, and by moving 
such clauses, as so redesignated, 2 ems to the right; 
(2) by redesignating paragraphs (1) and (2) as subpara-
graphs (A) and (B), respectively, and by moving such subpara-
graphs, as so redesignated, 2 ems to the right; 
(3) by striking ‘‘INVESTIGATIONS AND REVIEWS.—In’’ and 
inserting the following: ‘‘INVESTIGATIONS AND REVIEWS.— 
‘‘(1) IN GENERAL.—In’’; 
(4) in paragraph (1), as designated by paragraph (3), by 
amending subparagraph (B), as redesignated by paragraph (2), 
to read as follows: 
‘‘(B) the number of exporters or producers subject to 
the investigation or review is not so large that any addi-
tional individual examination of such exporters or pro-
ducers would be unduly burdensome to the administering 
authority and inhibit the timely completion of the investiga-
tion or review.’’; and 
(5) by adding at the end the following: 
‘‘(2) DETERMINATION OF UNDULY BURDENSOME.—In deter-
mining if an individual examination under paragraph (1)(B) 
would be unduly burdensome, the administering authority may 
consider the following: 
‘‘(A) The complexity of the issues or information pre-
sented in the proceeding, including questionnaires and any 
responses thereto. 
‘‘(B) Any prior experience of the administering 
authority in the same or similar proceeding. 
‘‘(C) The total number of investigations under subtitle 
A or B and reviews under section 751 being conducted
H. R. 1295—26 
by the administering authority as of the date of the deter-
mination. 
‘‘(D) Such other factors relating to the timely comple-
tion of each such investigation and review as the admin-
istering authority considers appropriate.’’. 
SEC. 507. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free Trade 
Agreement and section 408 of the North American Free Trade 
Agreement Implementation Act (19 U.S.C. 3438), the amendments 
made by this title shall apply with respect to goods from Canada 
and Mexico. 
TITLE VI—TARIFF CLASSIFICATION OF 
CERTAIN ARTICLES 
SEC. 601. TARIFF CLASSIFICATION OF RECREATIONAL PERFORMANCE 
OUTERWEAR. 
(a) AMENDMENTS TO ADDITIONAL U.S. NOTES.—The Additional 
U.S. Notes to chapter 62 of the Harmonized Tariff Schedule of 
the United States are amended— 
(1) in Additional U.S. Note 2— 
(A) by striking ‘‘For the purposes of subheadings’’ and 
all that follows through ‘‘6211.20.15’’ and inserting ‘‘For 
purposes of this chapter’’; 
(B) by striking ‘‘garments classifiable in those sub-
headings’’ and inserting ‘‘a garment’’; and 
(C) by striking ‘‘D 3600-81’’ and inserting ‘‘D 3779– 
81’’; and 
(2) by adding at the end the following new notes: 
‘‘(c) For purposes of this chapter, the term ‘recreational perform-
ance outerwear’ means trousers (including, but not limited to, pad-
dling pants, ski or snowboard pants, and ski or snowboard pants 
intended for sale as parts of ski-suits), coveralls and bib overalls, 
and jackets (including, but not limited to, full zip jackets, paddling 
jackets, ski jackets, and ski jackets intended for sale as parts 
of ski-suits), windbreakers, and similar articles (including padded, 
sleeveless jackets) composed of fabrics of cotton, wool, hemp, 
bamboo, silk, or manmade fiber, or a combination of such fibers, 
that are either water resistant or treated with plastics, or both, 
with critically sealed seams, and with five or more of the following 
features: 
‘‘(1) Insulation for cold weather protection. 
‘‘(2) Pockets, at least one of which has a zippered, hook 
and loop, or other type of closure. 
‘‘(3) Elastic, drawcord, or other means of tightening around 
the waist or leg hems, including hidden leg sleeves with a 
means of tightening at the ankle for trousers and tightening 
around the waist or bottom hem for jackets. 
‘‘(4) Venting, not including grommet(s). 
‘‘(5) Articulated elbows or knees. 
‘‘(6) Reinforcement in one of the following areas: the elbows, 
shoulders, seat, knees, ankles, or cuffs. 
‘‘(7) Weatherproof closure at the waist or front. 
‘‘(8) Multi-adjustable hood or adjustable collar.
H. R. 1295—27 
‘‘(9) Adjustable powder skirt, inner protective skirt, or 
adjustable inner protective cuff at sleeve hem. 
‘‘(10) Construction at the arm gusset that utilizes fabric, 
design, or patterning to allow radial arm movement. 
‘‘(11) Odor control technology. 
The term ‘recreational performance outerwear’ does not include 
occupational outerwear. 
‘‘(d) For purposes of this Note, the following terms have the 
following meanings: 
‘‘(1) The term ‘treated with plastics’ refers to textile fabrics 
impregnated, coated, covered, or laminated with plastics, as 
described in Note 2 to chapter 59. 
‘‘(2) The term ‘sealed seams’ means seams that have been 
covered by means of taping, gluing, bonding, cementing, fusing, 
welding, or a similar process so that water cannot pass through 
the seams when tested in accordance with the current version 
of AATCC Test Method 35. 
‘‘(3) The term ‘critically sealed seams’ means— 
‘‘(A) for jackets, windbreakers, and similar articles 
(including padded, sleeveless jackets), sealed seams that 
are sealed at the front and back yokes, or at the shoulders, 
arm holes, or both, where applicable; and 
‘‘(B) for trousers, overalls and bib overalls and similar 
articles, sealed seams that are sealed at the front (up 
to the zipper or other means of closure) and back rise. 
‘‘(4) The term ‘insulation for cold weather protection’ means 
insulation with either synthetic fill, down, a laminated thermal 
backing, or other lining for thermal protection from cold 
weather. 
‘‘(5) The term ‘venting’ refers to closeable or permanent 
constructed openings in a garment (excluding front, primary 
zipper closures and grommet(s)) to allow increased expulsion 
of built-up heat during outdoor activities. In a jacket, such 
openings are often positioned on the underarm seam of a gar-
ment but may also be placed along other seams in the front 
or back of a garment. In trousers, such openings are often 
positioned on the inner or outer leg seams of a garment but 
may also be placed along other seams in the front or back 
of a garment. 
‘‘(6) The term ‘articulated elbows or knees’ refers to the 
construction of a sleeve (or pant leg) to allow improved mobility 
at the elbow (or knee) through the use of extra seams, darts, 
gussets, or other means. 
‘‘(7) The term ‘reinforcement’ refers to the use of a double 
layer of fabric or section(s) of fabric that is abrasion-resistant 
or otherwise more durable than the face fabric of the garment. 
‘‘(8) The term ‘weatherproof closure’ means a closure 
(including, but not limited to, laminated or coated zippers, 
storm flaps, or other weatherproof construction) that has been 
reinforced or engineered in a manner to reduce the penetration 
or absorption of moisture or air through an opening in the 
garment. 
‘‘(9) The term ‘multi-adjustable hood or adjustable collar’ 
means, in the case of a hood, a hood into which is incorporated 
two or more draw cords, adjustment tabs, or elastics, or, in 
the case of a collar, a collar into which is incorporated at