I 
118TH CONGRESS 
1ST SESSION H. R. 3882 
To amend the Tariff Act of 1930 to improve the administration of 
antidumping and countervailing duty laws, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 7, 2023 
Ms. SEWELL (for herself, Mr. JOHNSON of Ohio, Mr. MRVAN, and Ms. VAN 
DUYNE) introduced the following bill; which was referred to the Com-
mittee on Ways and Means 
A BILL 
To amend the Tariff Act of 1930 to improve the administra-
tion of antidumping and countervailing duty laws, 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; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Leveling the Playing Field 2.0 Act’’. 
(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 
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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 normal value to account for 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 
merchandise covered by antidumping and countervailing duty 
proceedings. 
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. Effective date. 
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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-
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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, in-
cluding whether the imports are 
likely to lead to the continuation 
or recurrence of material injury 
determined by the Commission in 
any concurrent investigation or 
recently completed investigation; 
and 
‘‘(cc) include in the record 
any prior injury determinations 
by the Commission with respect 
to imports of the merchandise. 
‘‘(II) EFFECT
OF
RECENT
IM-
PROVEMENT
ON
MATERIAL
INJURY 
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DETERMINATION.—For the purposes 
of this subparagraph, the Commission 
may not find that there is no material 
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 consider that a con-
current investigation or recently completed 
investigation contributes to the likelihood 
that the remedial effect of the counter-
vailing duty order to be issued under sec-
tion 706 or the antidumping duty order to 
be issued under section 736 will be seri-
ously undermined.’’. 
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(b) DEFINITIONS.—Section 771 of the Tariff Act of 
1930 (19 U.S.C. 1677) is amended by adding at the end 
the following: 
‘‘(37) TREATMENT OF SUCCESSIVE INVESTIGA-
TIONS.—For purposes of paragraph (7)(E) and sec-
tions 702(f), 732(f), and 784: 
‘‘(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 class or kind of merchandise that 
are the same or similar to imports of a class or 
kind of merchandise that are the subject of a 
successive investigation. 
‘‘(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 that are 
the subject of a successive investigation not 
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more than 2 years before the date of initiation 
of the successive investigation. 
‘‘(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 are or have been the 
subject of a concurrent investigation or recently 
completed investigation; or 
‘‘(2) under subsection (b), if— 
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‘‘(A) the determinations under clauses (i) 
and (ii) of subsection (c)(1)(A) are affirmative 
with respect to imports of a class or kind of 
merchandise; and 
‘‘(B) imports of the same or similar class 
or kind of merchandise are or have been the 
subject of a concurrent investigation or recently 
completed investigation.’’. 
(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 are or have been the 
subject of a concurrent investigation 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 
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with respect to imports of a class or kind of 
merchandise; and 
‘‘(B) imports of the same or similar class 
or kind of merchandise are or have been the 
subject of a concurrent investigation or recently 
completed investigation.’’. 
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-
liminary determination unless requested by the 
petitioner; 
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‘‘(D) shall issue a final determination 
under section 735(a) not later than 75 days 
after issuing the preliminary determination 
under subparagraph (A); and 
‘‘(E) may extend the date of the final de-
termination under section 735(a)(2) if re-
quested by the petitioner.’’. 
(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 
‘‘TREATMENT OF INTERNATIONAL CONSORTIA’’ and 
inserting ‘‘CUMULATION
OF CROSS-BORDER SUB-
SIDIES’’; 
(2) by striking ‘‘For purposes’’ and inserting 
the following: 
‘‘(1) INTERNATIONAL CONSORTIA AND MULTI-
NATIONAL CORPORATIONS.—For purposes’’; 
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(3) in paragraph (1), as designated by para-
graph (2)— 
(A) by inserting after ‘‘in their respective 
home countries,’’ the following: ‘‘or multi-
national corporations that are engaged in the 
production of subject merchandise receive 
countervailable subsidies to assist, permit, or 
otherwise enable their production or manufac-
turing operations in the country in which the 
class or kind of merchandise is produced, ex-
ported, or sold (or likely to be sold) for impor-
tation into the United States,’’; and 
(B) by inserting after ‘‘the international 
consortium’’ the following: ‘‘or multinational 
corporation’’; 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 by 
a government of a third country or any public 
entity within the territory of a third country 
with respect to the manufacture, production, or 
export of a class or kind of merchandise that is 
produced, exported, or sold (or likely to be sold) 
for importation into the United States from the 
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territory of the subject country, and the govern-
ment of the subject country or any public entity 
within the territory of the subject country facili-
tates the provision of such subsidy, then the ad-
ministering authority shall treat the subsidy as 
having been provided by the government of the 
subject country or a public entity within the 
territory of the subject country and shall cumu-
late all such countervailable subsidies, as well 
as countervailable subsidies provided directly or 
indirectly by the government or any public enti-
ty within the territory of the subject country. 
‘‘(B) APPLICATION.—This paragraph shall 
be applied in a manner consistent with the 
international obligations of the United States.’’. 
(b) DEFINITIONS.—Section 771 of the Tariff Act of 
1930 (19 U.S.C. 1677) is amended— 
(1) in paragraph (5A), by inserting after sub-
paragraph (D) the following: 
‘‘(E) TRANSNATIONAL SUBSIDY.—In deter-
mining whether a transnational subsidy is a 
specific subsidy, in law or in fact, the admin-
istering authority shall examine the situation in 
the subject country based on subparagraphs 
(B), (C), and (D).’’; 
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(2) in paragraph (9)— 
(A) in subparagraph (F), by striking 
‘‘and’’ at the end; 
(B) in subparagraph (G), by striking the 
period at the end and inserting ‘‘, and’’; and 
(C) by adding at the end the following: 
‘‘(H) in any proceeding under subtitle A 
involving a transnational subsidy, the govern-
ment of the third country.’’; and 
(3) by adding at the end the following: 
‘‘(38) 
MULTINATIONAL
CORPORATION.—The 
term ‘multinational corporation’ means a person, 
firm, or corporation that owns or controls, directly 
or indirectly, facilities for the production of subject 
merchandise in two or more foreign countries.’’. 
(c) UPSTREAM SUBSIDIES.—Section 771A of the 
Tariff Act of 1930 (19 U.S.C. 1677–1) is amended by 
adding at the end the following: 
‘‘(d) MULTINATIONAL CORPORATIONS.— 
‘‘(1) IN GENERAL.—This section shall apply to 
purchases of input products by multinational cor-
porations if— 
‘‘(A) the multinational corporation manu-
factures or produces merchandise in a country 
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that is the subject of a countervailing duty pro-
ceeding; 
‘‘(B) the multinational corporation pur-
chases the input product from a cross-owned 
company located in a third country with respect 
to which the administering authority has made 
an affirmative determination under section 
703(b)(1) or 705(a)(1) with respect to a 
countervailable subsidy provided— 
‘‘(i) for the manufacture, production, 
or exportation of that input product; or 
‘‘(ii) to that cross-owned company; 
and 
‘‘(C) in the judgment of the administering 
authority, the countervailing subsidy described 
in subparagraph (B) bestows a competitive ben-
efit on that merchandise. 
‘‘(2) TIMING OF SUBSIDY.—If a countervailable 
subsidy is provided to a multinational corporation or 
a cross-owned company that did not exist at the 
time the administering authority made an affirma-
tive determination described in paragraph (1)(B), 
the administering authority is not precluded from 
examining the subsidy under paragraph (1). 
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‘‘(3) APPLICATION.—This subsection shall be 
applied in a manner consistent with the inter-
national obligations of the United States. 
‘‘(4) DEFINITIONS.—In this subsection: 
‘‘(A) CROSS-OWNED
COMPANY; 
MULTI-
NATIONAL
CORPORATION.—The terms ‘cross- 
owned company’ and ‘multinational corporation’ 
have the meanings given those terms as defined 
by the administering authority by regulation. 
‘‘(B) UPSTREAM SUBSIDY.—The term ‘up-
stream subsidy’ has the meaning given that 
term in subsection (a), except that the term 
shall include an export subsidy.’’. 
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 section 771(16) is insufficient to estab-
lish a proper comparison to the export price or 
constructed export price.’’. 
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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 NORMAL 
VALUE TO ACCOUNT FOR DISTORTIONS OF 
COSTS THAT OCCUR IN FOREIGN COUNTRIES. 
(a) NORMAL VALUE.— 
(1) IN
GENERAL.—Section 773(b)(3) of the 
Tariff Act of 1930 (19 U.S.C. 1677b(b)(3)) is 
amended— 
(A) in subparagraph (A), by striking 
‘‘business’’ and inserting ‘‘trade’’; and 
(B) in the flush text after subparagraph 
(C), by inserting before ‘‘For purposes’’ the fol-
lowing: ‘‘For purposes of subparagraph (A), if 
a particular market situation exists such that 
the cost of materials and fabrication or other 
processing of any kind does not reasonably re-
flect the cost of production in the ordinary 
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course of trade, the administering authority 
may use another calculation methodology under 
this subtitle or any other calculation method-
ology.’’. 
(2) REFLECTION OF COSTS OF PRODUCTION.— 
Section 773(e) of the Tariff Act of 1930 (19 U.S.C. 
1677b(e)) is amended, in the first sentence of the 
flush text after paragraph (3), by striking ‘‘accu-
rately’’ and inserting ‘‘reasonably’’. 
(b) MODIFICATION OF DEFINITION OF ORDINARY 
COURSE OF TRADE.—Section 771(15) of the Tariff Act 
of 1930 (19 U.S.C. 1677(15)(C)) is amended— 
(1) by redesignating subparagraphs (A) through 
(C) as clauses (i) through (iii), respectively, and 
moving those clauses, as so redesignating, two ems 
to the right; 
(2) by striking ‘‘The term’’ and inserting the 
following: 
‘‘(A) IN GENERAL.—The term’’; 
(3) in subparagraph (A), as designated by para-
graph (2), in clause (iii), as redesignated by para-
graph (1)— 
(A) by striking ‘‘that the particular market 
situation prevents’’ and inserting ‘‘that a par-
ticular market situation exists that— 
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‘‘(I) prevents’’; 
(B) in subclause (I), as designated by sub-
paragraph (A), by striking the period at the 
end and inserting ‘‘, relating to normal value 
determined under subsection (a) of section 773; 
or’’; and 
(C) by adding at the end the following: 
‘‘(II) distorts costs of production, 
relating to normal value determined 
under subsections (b) and (e) of sec-
tion 773.’’; and 
(4) by adding at the end the following: 
‘‘(B) COST
OF
PRODUCTION.—For pur-
poses of making a determination under sub-
paragraph (A)(iii)(II) with respect to subject 
merchandise, the administering authority shall 
determine that a particular market situation ex-
ists that distorts costs of production if a par-
ticular market situation exists such that the 
cost of materials and fabrication or other proc-
essing of any kind does not reasonably reflect 
the cost of production in the ordinary course of 
trade.’’. 
(c) DEFINITION OF PARTICULAR MARKET SITUA-
TION.—Section 771 of the Tariff Act of 1930 (19 U.S.C. 
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1677), as amended by sections 101(b) and 201(b)(3), is 
further amended by adding at the end the following: 
‘‘(39) PARTICULAR MARKET SITUATION.— 
‘‘(A) IN GENERAL.—The term ‘particular 
market situation’ means a certain circumstance 
or set of circumstances that the administering 
authority determines either prevents a proper 
comparison of prices in the comparison market 
with the export price or constructed export 
price or distorts the costs of production of the 
subject merchandise. 
‘‘(B) DISTORTION OF COSTS OF PRODUC-
TION.— 
‘‘(i) EXAMPLES OF DISTORTIONS OF 
COSTS OF PRODUCTION THAT MAY CREATE 
A PARTICULAR MARKET SITUATION.—Ex-
amples of circumstances that are likely to 
distort the costs of production and thus 
are deemed to create a particular market 
situation for subject merchandise for pur-
poses of subparagraph (A) include the fol-
lowing circumstances: 
‘‘(I) An input into the production 
of subject merchandise is produced in 
such amounts that there is more sup-
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ply than demand in international mar-
kets for the input. 
‘‘(II) A foreign government, a 
state-owned enterprise, or any other 
public body is the predominant pro-
ducer or supplier of an input into the 
production of subject merchandise. 
‘‘(III) A foreign government in-
tervenes in the market for an input 
into the production of subject mer-
chandise. 
‘‘(IV) A foreign government lim-
its exports of an input into the pro-
duction of subject merchandise. 
‘‘(V) A foreign government im-
poses export taxes on an input into 
the production of subject merchan-
dise. 
‘‘(VI) A foreign government ex-
empts an importer, producer, or ex-
porter of subject merchandise from 
paying duties or taxes associated with 
trade remedies established by the for-
eign government relating to an input 
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into the production of subject mer-
chandise. 
‘‘(VII) A foreign government re-
bates duties or taxes paid by an im-
porter, producer, or exporter of sub-
ject merchandise associated with trade 
remedies established by the foreign 
government related to an input into 
the production of subject merchan-
dise. 
‘‘(VIII) A foreign government 
provides financial assistance or sup-
port to the producer or exporter of 
subject merchandise, or to a producer 
or supplier of an input into the pro-
duction of subject merchandise. 
‘‘(IX) 
A 
foreign 
government 
takes action that influences the pro-
duction of subject merchandise or an 
input into the production of subject 
merchandise, such as domestic content 
and technology transfer requirements. 
‘‘(X) A foreign government does 
not enforce its property (including in-
tellectual property), human rights, 
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labor, or environmental protection 
laws and policies, or those laws and 
policies are otherwise shown to be in-
effective with respect to either a pro-
ducer or exporter of subject merchan-
dise, or to a producer or supplier of 
an input into the production of sub-
ject merchandise in the subject coun-
try. 
‘‘(XI) A foreign government does 
not implement property (including in-
tellectual property), human rights, 
labor, or environmental protection 
laws and policies. 
‘‘(XII) A business relationship 
between one or more producers of 
subject merchandise and suppliers of 
inputs to the production of subject 
merchandise is such that prices of the 
inputs are not determined in accord-
ance with general market principles, 
such as through a strategic alliance or 
noncompetitive arrangement. 
‘‘(ii) DISTORTIONS CAUSED BY PAR-
TICULAR MARKET SITUATIONS NEED NOT 
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BE QUANTIFIED.—If the administering au-
thority determines the existence of a par-
ticular market situation under subpara-
graph (A) but cannot measure the distor-
tions caused by that particular market sit-
uation on prices or costs in the exporting 
country, the administering authority is not 
required to quantify those distortions and 
may use any available information and 
methodology to address those distortions in 
its analysis and calculations. 
‘‘(iii) PARTICULAR
MARKET
SITUA-
TIONS
MAY
EXIST
IN
MULTIPLE
COUN-
TRIES.— 
‘‘(I) IN
GENERAL.—The same 
market situation, or a similar market 
situation, that distorts the costs of 
production of the subject merchandise 
can exist in multiple countries or mar-
kets and still be considered particular 
if the administering authority deter-
mines that a market situation exists 
that distorts costs of production for 
certain products or parties in the sub-
ject country. 
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‘‘(II) NO LIMITATION.—There is 
no limitation to the number of prod-
ucts or parties that may be impacted 
by a particular market situation. 
‘‘(C) OTHER FACTORS.—In finding that a 
particular market situation exists, or in using 
another calculation methodology under this 
paragraph, the administering authority is not 
required to consider— 
‘‘(i) the costs or prices that would 
otherwise exist in the ordinary course of 
trade in the absence of the particular mar-
ket situation or any of its contributing cir-
cumstances; 
‘‘(ii) whether there is any difference 
between the particular market situation or 
any of its contributing circumstances in 
the exporting country as opposed to any 
other country; or 
‘‘(iii) the length of time that the par-
ticular market situation or any of its con-
tributing circumstances has existed.’’. 
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SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF 
PRODUCTION AND CONSTRUCTED VALUE TO 
ADDRESS DISTORTED COSTS. 
Section 773(f)(3) of the Tariff Act of 1930 (19 
U.S.C. 1677b(f)(3)) is amended— 
(1) by striking ‘‘If, in the case’’ and inserting 
the following: 
‘‘(A) MAJOR
INPUTS
FROM
AFFILIATED 
PERSONS.—If, in the case’’; and 
(2) by adding at the end 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 person 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 regarding what the amount would 
have been if the transaction had occurred 
between the exporter or producer of the 
merchandise and an unaffiliated person 
that is not described in clause (ii) if that 
amount is greater than the amount re-
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flected in the records of the exporter or 
producer of the merchandise. 
‘‘(ii) UNAFFILIATED
PERSONS
DE-
SCRIBED.—An 
unaffiliated 
person 
de-
scribed in this clause is— 
‘‘(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 countervailable subsidy per-
taining to an identical or comparable 
input in the subject country if there is 
no countervailing duty imposed on the 
input pursuant to a measure in effect 
in the exporting country based upon a 
finding by the investigating authority 
of the exporting country that the pro-
ducer or supplier of the input de-
scribed in clause (i) received a 
countervailable subsidy; 
‘‘(III) any producer, exporter, or 
supplier of the input described in 
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clause (i) found by the administering 
authority, or by any investigating au-
thority of a third country to be selling 
an identical or comparable input for 
less than fair market value in the sub-
ject country if there is no anti-
dumping duty imposed on the input 
pursuant to a measure in effect in the 
exporting country based upon a find-
ing by the investigating authority of 
the exporting country that the pro-
ducer or supplier sold the input de-
scribed in clause (i) for less than fair 
market value into the subject country; 
‘‘(IV) a government or public 
body within the territory of the ex-
porting country or any other country; 
or 
‘‘(V) a group of governments or 
public bodies, or a combination there-
of, that collectively account for a 
meaningful share of the production of 
the input described in clause (i). 
‘‘(iii) APPLICATION.—Subclauses (I), 
(II), and (III) of clause (ii) shall not apply 
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to inputs described in clause (i) that are 
produced in the exporting 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.— 
‘‘(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-
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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). 
‘‘(C) 
ACCEPTANCE
OF
COMMUNICA-
TIONS.—The administering authority shall not 
accept any unsolicited oral or written commu-
nication from any person other than the inter-
ested party filing an inquiry request before the 
administering authority decides whether to ini-
tiate an inquiry, except for communications re-
garding the status of the consideration of the 
inquiry request. 
‘‘(3) ACTION WITH RESPECT TO INQUIRY RE-
QUEST.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), not later than 45 days after the fil-
ing 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 
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‘‘(iii) notify all interested parties that 
the inquiry request will be addressed 
through a determination under section 
781A as to whether a particular type of 
merchandise is within the class or kind of 
merchandise described in an existing find-
ing of dumping or an antidumping 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 if 
an interested party has placed information on 
the record in response to the request for a cir-
cumvention inquiry. 
‘‘(4) DETERMINATIONS.— 
‘‘(A) PRELIMINARY DETERMINATIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), not later than 150 
days after the date on which the admin-
istering authority initiates a circumvention 
inquiry under paragraph (1) or (3)(A), the 
administering authority shall make a pre-
liminary determination, based on the infor-
mation available to it at the time of the de-
termination, of whether there is a reason-
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able basis to believe or suspect that the 
merchandise subject to the inquiry is cir-
cumventing an existing finding of dumping 
or an antidumping or countervailing duty 
order. 
‘‘(ii) EXTENSION.—The administering 
authority may extend the deadline under 
clause (i) by a period not to exceed 60 
days. 
‘‘(B) FINAL DETERMINATIONS.— 
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), not later than 150 
days after issuing a preliminary determina-
tion under subparagraph (A) with respect 
to a circumvention inquiry, the admin-
istering authority shall make a final deter-
mination of whether the merchandise sub-
ject to the inquiry is circumventing an ex-
isting finding of dumping or an anti-
dumping or countervailing duty order. 
‘‘(ii) EXTENSION.—The administering 
authority may extend the deadline under 
clause (i) by a period not to exceed 65 
days. 
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‘‘(C) OTHER CLASS OR KIND DETERMINA-
TIONS.—If an inquiry request under paragraph 
(2)(A) is addressed through a class or kind de-
termination under section 781A, the admin-
istering authority shall make such determina-
tion not later than 335 days after the filing of 
the inquiry request. 
‘‘(5) RULE
OF
CONSTRUCTION.—Nothing in 
this section shall be construed to prevent the admin-
istering authority from simultaneously initiating a 
circumvention inquiry under paragraph (1) or (3)(A) 
and issuing a preliminary determination under para-
graph (4)(A).’’. 
(b) SUSPENSION OF LIQUIDATION AND COLLECTION 
OF DEPOSITS OF ENTRIES SUBJECT TO CIRCUMVENTION 
INQUIRY.—Section 781 of the Tariff Act of 1930 is fur-
ther amended by adding at the end the following: 
‘‘(g) SUSPENSION OF LIQUIDATION AND COLLECTION 
OF DEPOSITS OF ENTRIES SUBJECT TO CIRCUMVENTION 
INQUIRY.— 
‘‘(1) INITIATION.—If the administering author-
ity 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 that was already subject to the 
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suspension of liquidation, the administering author-
ity shall order— 
‘‘(A) the continued suspension of liquida-
tion of such entry; and 
‘‘(B) the continued posting of a cash de-
posit, at the prevailing all-others or country- 
wide rate, for each such entry. 
‘‘(2) PRELIMINARY
DETERMINATION.—If the 
administering authority issues a preliminary affirm-
ative determination under paragraph (4)(A) of sub-
section (f) with respect to a circumvention inquiry 
initiated under paragraph (1) or (3)(A) of that sub-
section, the administering authority shall order— 
‘‘(A) the continued suspension of liquida-
tion for each unliquidated entry of merchandise 
subject to the circumvention inquiry that was 
already subject to the suspension of liquidation; 
‘‘(B) the suspension of liquidation for each 
unliquidated entry of merchandise subject to 
the circumvention inquiry not yet suspended 
that is entered, or withdrawn from warehouse, 
for consumption on or after the date of publica-
tion of the notice of initiation of the circumven-
tion inquiry; 
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‘‘(C) the suspension of liquidation for each 
entry of merchandise subject to the circumven-
tion inquiry not yet suspended that is entered, 
or withdrawn from warehouse, for consumption 
before the date of publication of the notice of 
initiation of the circumvention inquiry if the ad-
ministering authority determines, under the cir-
cumstances, that suspension under this sub-
paragraph is warranted; and 
‘‘(D) 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-
paragraph (A), (B), or (C). 
‘‘(3) FINAL
DETERMINATION.—If the admin-
istering authority issues a final affirmative deter-
mination under paragraph (4)(B) of subjection (f) 
with respect to a circumvention inquiry initiated 
under paragraph (1) or (3)(A) of that subsection, 
the administering authority shall order— 
‘‘(A) the continued suspension of liquida-
tion for each unliquidated entry of merchandise 
subject to the circumvention inquiry that was 
already subject to the suspension of liquidation; 
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‘‘(h) APPLICATION OF CIRCUMVENTION DETERMINA-
TION.— 
‘‘(1) IN GENERAL.—The administering author-
ity shall consider the appropriate remedy to address 
circumvention and prevent evasion of an order or 
finding pursuant to an affirmative determination 
under subparagraph (A) or (B) of subsection (f)(4). 
‘‘(2) REMEDIES CONSIDERED.—Remedies con-
sidered under paragraph (1) may include the fol-
lowing: 
‘‘(A) The application of the determination 
described in paragraph (1) on a producer-spe-
cific, 
exporter-specific, 
or 
importer-specific 
basis, or some combination thereof, and, as the 
administering authority determines appropriate, 
the implementation of a certification require-
ment under section 785. 
‘‘(B) The application of the determination 
described in paragraph (1) on a countrywide 
basis to all merchandise from a particular coun-
try, regardless of producer, exporter, or im-
porter of that merchandise, and, as the admin-
istering authority determines appropriate, the 
implementation of a certification requirement 
under section 785. 
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‘‘(3) EXEMPTION
FOR
MERCHANDISE
UNDER 
CERTIFICATION.—If 
a 
certification 
requirement 
under section 785 is implemented under this sub-
section and the importer or other party to which the 
requirement is applied complies with that require-
ment, 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 (19 U.S.C. 1677f(i)) 
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 
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; 
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(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, 
the administering authority may require an importer 
or other party— 
‘‘(A) to provide a certification described in 
paragraph (2) at the time of entry or with the 
entry summary; 
‘‘(B) to maintain that certification; or 
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‘‘(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, including 
a certification that— 
‘‘(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-
der Protection (in this section referred to as the 
‘Commissioner’). 
‘‘(b) AUTHORITY TO SUSPEND LIQUIDATION, COL-
LECT CASH DEPOSITS AND ASSESS DUTIES.— 
‘‘(1) IN
GENERAL.—If the administering au-
thority requires an importer or other party to pro-
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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 
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 
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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.’’. 
SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPART-
MENT OF COMMERCE REGARDING MERCHAN-
DISE COVERED BY ANTIDUMPING AND COUN-
TERVAILING DUTY PROCEEDINGS. 
(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 
inserting after section 781 the following: 
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‘‘SEC. 781A. DETERMINATIONS OF MERCHANDISE COVERED 
UNDER ANTIDUMPING OR COUNTERVAILING 
DUTY PROCEEDING. 
‘‘(a) IN GENERAL.—To determine whether merchan-
dise imported into the United States is covered by an anti-
dumping or countervailing duty proceeding under this 
title, the administering authority may use any reasonable 
method and is not bound by the determinations of any 
other Federal agency, including tariff classification and 
country of origin marking rulings issued by the Commis-
sioner of U.S. Customs and Border Protection. 
‘‘(b) CLASS OR KIND OF MERCHANDISE.—For pur-
poses of this title, determinations regarding whether mer-
chandise is the same class or kind may be made under 
this section or under section 781 in accordance with the 
criteria set forth in this section or in section 781, as the 
case may be. 
‘‘(c) ORIGIN OF MERCHANDISE.—To determine the 
origin of merchandise for purposes of an antidumping or 
countervailing duty proceeding under this title, the admin-
istering authority may apply any reasonable method and 
may consider relevant factors, including— 
‘‘(1) whether the processed downstream product 
is a different class or kind of merchandise than the 
upstream product; 
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‘‘(2) the physical characteristics of the mer-
chandise; 
‘‘(3) the intended end use of the downstream 
product; 
‘‘(4) the cost of production and the value added 
of further processing in a third country or countries; 
‘‘(5) the nature and sophistication of processing 
in a third country or countries; 
‘‘(6) the level of investment in a third country 
or countries; and 
‘‘(7) any other factors that the administering 
authority considers appropriate, including whether 
an essential characteristic of the merchandise, or an 
essential component thereof, is substantially trans-
formed in the country of exportation.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Tariff Act of 1930 is amended by inserting after 
the item relating to section 781 the following: 
‘‘Sec. 781A. Determinations of merchandise covered under antidumping or 
countervailing duty proceeding.’’. 
(c) 
REVIEWABLE
DETERMINATIONS.—Section 
516A(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 
1516a(a)(2)(A)) is amended— 
(1) in clause (i)(I), by striking ‘‘(iv),’’; and 
(2) by amending clause (ii) to read as follows: 
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‘‘(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-
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. 
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‘‘(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 
‘‘(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 based on an amount that exceeds the 
amount, calculated using the fair market value of the mer-
chandise, 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 mer-
chandise if the merchandise were subject to the highest 
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rate of duty applicable to such merchandise imported from 
any country. 
‘‘(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-
tion of the entry, 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— 
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‘‘(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 
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.—The Commissioner shall pre-
scribe procedures for assuring that nonresident importers 
maintain the assets required by subsection (b). 
‘‘(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 
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a civil penalty of $50,000 for each such viola-
tion; or 
‘‘(B) in the case of merchandise described 
in such paragraph with a domestic value that is 
less than $50,000, be liable for a civil penalty 
equal to 50 percent of the amount of such do-
mestic value for each such violation. 
‘‘(3) OTHER PENALTIES.—In addition to the 
penalties specified in paragraph (2), any violation of 
this section that violates any other provision of the 
customs and trade laws of the United States (as de-
fined in section 2 of the Trade Facilitation and 
Trade Enforcement Act of 2015 (19 U.S.C. 4301)) 
shall be subject to any applicable civil or criminal 
penalty, including seizure and forfeiture, that may 
be imposed under that provision or title 18, United 
States Code.’’. 
(b) CLERICAL AMENDMENT.—The table of contents 
for the Tariff Act of 1930 is amended by inserting after 
the item relating to section 484b the following: 
‘‘Sec. 484c. Asset requirements applicable to nonresident importers.’’. 
(c) EFFECTIVE DATE AND APPLICATION.— 
(1) IN GENERAL.—Section 484c of the Tariff 
Act of 1930, as added by subsection (a)— 
(A) takes effect on the date of the enact-
ment of this Act; and 
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(B) applies with respect to merchandise 
entered, or withdrawn from warehouse for con-
sumption, on or after the date that is 180 days 
after such date of enactment. 
(2) DEADLINE FOR PROCEDURES.—The Com-
missioner of U.S. Customs and Border Protection 
shall ensure the procedures required under sub-
section (f) of section 484c of the Tariff Act of 1930, 
as added by subsection (a), are prescribed and in ef-
fect not later than 90 days after the date of the en-
actment of this Act. 
TITLE IV—COUNTERING 
CURRENCY UNDERVALUATION 
SEC. 401. INVESTIGATION OR REVIEW OF CURRENCY 
UNDERVALUATION UNDER COUNTERVAILING 
DUTY LAW. 
Section 702(c) of the Tariff Act of 1930 (19 U.S.C. 
1671a(c)) is amended by adding at the end the following: 
‘‘(6) CURRENCY UNDERVALUATION.—For pur-
poses of a countervailing duty investigation under 
this subtitle in which the determinations under 
clauses (i) and (ii) of paragraph (1)(A) are affirma-
tive and the petition includes an allegation of cur-
rency undervaluation by the government of a coun-
try or any public entity within the territory of a 
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country that meets the requirements of clause (i) of 
that paragraph, or for purposes of a review under 
subtitle C with respect to a countervailing duty 
order involving such an allegation, the administering 
authority shall examine in its investigation or review 
whether currency undervaluation by the government 
of a country or any public entity within the territory 
of a country is providing, directly or indirectly, a 
countervailable subsidy.’’. 
SEC. 402. DETERMINATION OF BENEFIT WITH RESPECT TO 
CURRENCY UNDERVALUATION. 
Section 771(5)(E) of the Tariff Act of 1930 (19 
U.S.C. 1677(5)(E)) is amended— 
(1) in clause (iii), by striking ‘‘, and’’ and in-
serting a comma; 
(2) in clause (iv), by striking the period at the 
end and inserting ‘‘, and’’; 
(3) by inserting after clause (iv) the following: 
‘‘(v) in the case of an exchange of an 
undervalued currency under a unified ex-
change rate, if there is a difference be-
tween the amount of currency received in 
exchange for United States dollars and the 
amount of currency that the recipient 
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would have received absent an undervalued 
currency.’’; and 
(4) in the flush text following clause (v), as 
added by paragraph (3), by adding at the end the 
following: ‘‘For purposes of clause (v), a determina-
tion of the existence and amount of a benefit from 
the exchange of an undervalued currency shall take 
into account a comparison of the exchange rates de-
rived from a methodology determined by the admin-
istering authority to be appropriate in light of the 
facts and circumstances to the relevant actual ex-
change rates, and whether there is government ac-
tion on the exchange rate that contributes to an 
undervaluation of the currency.’’. 
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 
COUNTERVAILING DUTY ORDERS. 
(a) EXPANSION OF LIMITATION.—Section 514(b) of 
the Tariff Act of 1930 (19 U.S.C. 1514(b)) is amended— 
(1) by striking ‘‘title, determinations’’ and in-
serting ‘‘title, or with respect to determinations 
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made under section 517 of this title which are re-
viewable under section 517(g), determinations’’; and 
(2) by inserting after ‘‘a determination listed in 
section 516A of this title’’ the following: ‘‘or a deter-
mination listed in section 517 of this title, as the 
case may be,’’. 
(b) RULE OF CONSTRUCTION ON INVESTIGATION OF 
CLAIMS OF EVASION.—Section 517(h) of the Tariff Act 
of 1930 (19 U.S.C. 1517(h)) is amended by inserting be-
fore the period at the end the following: ‘‘, except that 
any decision as to the liquidation or reliquidation of an 
entry of covered merchandise in accordance with a deter-
mination under subsection (c) and review under subsection 
(f), if applicable, shall not be subject to a protest of such 
decision filed in accordance with section 514’’. 
SEC. 502. PROCEDURES FOR INVESTIGATING CLAIMS OF 
EVASION OF SAFEGUARD ACTIONS. 
(a) TARIFF ACT OF 1930.—Section 517 of the Tariff 
Act of 1930 (19 U.S.C. 1517) is amended— 
(1) in the section heading, by inserting ‘‘AND 
SAFEGUARD ACTIONS’’ after ‘‘ORDERS’’; 
(2) in subsection (a)— 
(A) in paragraph (3)— 
(i) in subparagraph (A), by striking 
‘‘or’’ at the end; 
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(B) in subparagraph (D)— 
(i) by inserting after ‘‘(D)’’ the fol-
lowing: ‘‘if the determination relates to 
covered merchandise under subparagraph 
(A) or (B) of subsection (a)(3),’’; and 
(ii) by inserting ‘‘of this paragraph’’ 
after ‘‘subparagraphs (A) and (B)’’. 
(b) TRADE FACILITATION AND TRADE ENFORCE-
MENT ACT OF 2015.—The Trade Facilitation and Trade 
Enforcement Act of 2015 is amended— 
(1) in section 402 (19 U.S.C. 4361)— 
(A) in paragraph (2)— 
(i) in subparagraph (A), by striking 
‘‘or’’ at the end; 
(ii) in subparagraph (B), by striking 
the period at the end and inserting ‘‘; or’’; 
and 
(iii) by adding at the end the fol-
lowing: 
‘‘(C) an action taken under section 203 of 
the Trade Act of 1974 (19 U.S.C. 2253).’’; 
(B) in paragraph (5), by inserting after 
‘‘applicable antidumping or countervailing du-
ties’’ the following: ‘‘or any applicable safe-
guard action’’; and 
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‘‘(i) a person from whom information 
was requested pursuant to subsection 
(a)(2)(A);’’; and 
(ii) in subparagraph (C), by striking 
‘‘clause (ii) or (iii)’’ and inserting ‘‘clause 
(i), (iii), or (iv)’’. 
SEC. 503. APPLICATION OF PROVISIONS RELATING TO CER-
TAIN PROPRIETARY INFORMATION. 
(a) IN GENERAL.—Section 517 of the Tariff Act of 
1930 (19 U.S.C. 1517), as amended by section 502(a), 
is further amended by adding at the end the following: 
‘‘(i) APPLICATION
OF PROVISIONS RELATING
TO 
CERTAIN PROPRIETARY INFORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), subsections (b), (c), and (d) of section 
777, relating to information submitted in connection 
with proceedings under title VII, shall apply with re-
spect to information submitted in connection with 
proceedings under this section to the same extent 
and in the same manner as those subsections may 
apply to information submitted in connection with 
proceedings under title VII. 
‘‘(2) EXCEPTIONS.—In carrying out paragraph 
(1), subsections (b), (c), and (d) of section 777 shall 
be applied and administered as follows: 
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‘‘(A) By substituting ‘the Commissioner’ 
for each of the following terms each place those 
terms appear: 
‘‘(i) ‘the administering authority or 
the Commission’. 
‘‘(ii) ‘the administering authority and 
the Commission’. 
‘‘(iii) ‘the administering authority’. 
‘‘(B) Paragraphs (1)(A) and (3) of such 
subsection (b) shall not apply. 
‘‘(C) The second and third sentences of 
such subsection (c)(1)(A) shall not apply. 
‘‘(D) In such subsection (c)— 
‘‘(i) in paragraph (1)— 
‘‘(I) in subparagraph (B), by 
substituting ‘determine to be appro-
priate’ for ‘determine to be appro-
priate, including disbarment from 
practice before the agency’; and 
‘‘(II) in subparagraph (C)— 
‘‘(aa) in clause (i), by sub-
stituting ‘14 days’ for ‘14 days 
(7 days if the submission per-
tains to a proceeding under sec-
tion 703(a) or 733(a))’; and 
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‘‘(bb) in the text following 
clause (ii)(II), by substituting ‘30 
days’ for ‘30 days (10 days if the 
submission pertains to a pro-
ceeding under section 703(a) or 
733(a))’; and 
‘‘(ii) in paragraph (2), by substituting 
‘United States Court of International 
Trade’ 
for 
‘United 
States 
Customs 
Court’.’’. 
(b) REGULATIONS.—The Commissioner of U.S. Cus-
toms and Border Protection shall prescribe such regula-
tions as may be necessary to implement subsection (i) of 
section 517 of the Tariff Act of 1930 (19 U.S.C. 1517), 
as added by subsection (a). 
(c) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 180 
days after the date of the enactment of this Act. 
TITLE VI—GENERAL 
PROVISIONS 
SEC. 601. APPLICATION TO CANADA AND MEXICO. 
Pursuant to section 418 of the United States-Mexico- 
Canada Agreement Implementation Act (19 U.S.C. 4588), 
the amendments made by this Act apply with respect to 
goods from Canada and Mexico. 
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SEC. 602. EFFECTIVE DATE. 
(a) IN GENERAL.—Except as provided by subsection 
(b) or (c), the amendments made by this Act apply to 
countervailing duty investigations initiated under subtitle 
A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.), antidumping duty investigations initiated under 
subtitle B of title VII of such Act (19 U.S.C. 1673 et 
seq.), reviews initiated under subtitle C of title VII of such 
Act (19 U.S.C. 1675 et seq.), and circumvention inquiries 
requested under section 781 of such Act (19 U.S.C. 
1677j), on or after the date of the enactment of this Act. 
(b) APPLICABILITY.— 
(1) IN GENERAL.—Except as provided in sub-
section (c), the amendments made by this Act apply 
to— 
(A) investigations or reviews under title 
VII of the Tariff Act of 1930 (19 U.S.C. 1671 
et seq.) pending on the date of the enactment 
of this Act if the date on which the fully ex-
tended preliminary determination is scheduled 
is not earlier than 45 days after such date of 
enactment; 
(B) circumvention inquiries initiated under 
section 781 of such Act (19 U.S.C. 1677j) be-
fore and pending on such date of enactment; 
and 
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(C) 
circumvention 
inquiries 
requested 
under section 781 of such Act but not initiated 
before such date of enactment. 
(2) DEADLINES FOR CIRCUMVENTION INQUIR-
IES.— 
(A) DETERMINATIONS.—In this case of a 
circumvention inquiry described in paragraph 
(1)(B), subsection (f)(4) of section 781 of the 
Tariff Act of 1930 (19 U.S.C. 1677j), 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 
Leveling the Playing Field 2.0 Act’’ for 
‘‘the date on which the administering au-
thority initiates a circumvention inquiry 
under paragraph (1) or (3)(A)’’; and 
(ii) in subparagraph (C), by sub-
stituting ‘‘the date of the enactment of the 
Leveling the Playing Field 2.0 Act’’ for 
‘‘the filing of the inquiry request’’. 
(B) ACTIONS WITH RESPECT TO INQUIRY 
REQUESTS.—In the case of a circumvention in-
quiry described in paragraph (1)(C), the admin-
istering authority (as defined in section 771(1) 
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of the Tariff Act of 1930 (19 U.S.C. 1677(1))) 
shall, not later than 20 days after the date of 
the enactment of this Act, take an action de-
scribed in subsection (f)(3) of section 781 of 
the Tariff Act of 1930 (19 U.S.C. 1677j), as 
amended by section 301(a), with respect to the 
inquiry. 
(c) RETROACTIVE APPLICATION OF PROVISION ON 
DETERMINATION OF NORMAL VALUE TO ACCOUNT FOR 
DISTORTIONS OF COSTS THAT OCCUR IN FOREIGN COUN-
TRIES.—The amendments made by section 204 apply to— 
(1) antidumping duty investigations initiated 
under subtitle B of title VII of the Tariff Act of 
1930 (19 U.S.C. 1673 et seq.) on or after June 29, 
2015; 
(2) reviews initiated under subtitle C of title 
VII of such Act (19 U.S.C. 1675 et seq.) on or after 
June 29, 2015; 
(3) actions by U.S. Customs and Border Pro-
tection resulting from an investigation specified in 
paragraph (1) or a review specified in paragraph 
(2); and 
(4) civil actions, criminal proceedings, and other 
proceedings before a Federal court relating to pro-
ceedings specified in paragraph (1) or (2) or actions 
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specified to in paragraph (3) in which final judg-
ment has not been entered on or before the date of 
the enactment of this Act. 
Æ 
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