I
103D CONGRESS
1ST SESSION
H. R. 1046
To provide a private cause of action for the recovery of damages for economic
loss caused by the dumping of foreign merchandise into United States
markets, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 23, 1993
Mrs. BYRNE introduced the following bill; which was referred jointly to the
Committees on Ways and Means and the Judiciary
A BILL
To provide a private cause of action for the recovery of
damages for economic loss caused by the dumping of
foreign merchandise into United States markets, and
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
That (a) subtitle B of title VII of the Tariff Act of 1930
(19 U.S.C. 1673 et seq.) is amended by inserting after
section 739 the following new section:
‘‘SEC. 740A. PRIVATE REMEDY FOR INJURY RESULTING
FROM DUMPING.
‘‘(a) DEFINITIONS.—For purposes of this section—
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‘‘(1) The term ‘court’ means any District Court
of the United States.
‘‘(2) The term ‘dumped merchandise’ means the
class or kind of merchandise sold at less than for-
eign market value.
‘‘(3) The term ‘eligible party’ means any person
described in subparagraph (C), (D), (E), (F), or (G)
of section 771(9) (including any member or a person
described in such subparagraph (E), (F), or (G)).
‘‘(4) The term ‘foreign market value’ has the
same meaning given such term in section 773.
‘‘(b) CAUSE OF ACTION.—
‘‘(1) IN GENERAL.—An eligible party that suf-
fers economic loss by reason of the importation and
sale of dumped merchandise may bring an action for
damages in the court against any of the following:
‘‘(A) Any manufacturer of the dumped
merchandise.
‘‘(B) Any exporter of the dumped mer-
chandise to the United States.
‘‘(C) Any importer of the dumped mer-
chandise into the United States, if the importer
is an affiliate or subsidiary of a manufacturer
or exporter referred to in subparagraph (A) or
(B).
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‘‘(2) JURISDICTION OVER FOREIGN PERSONS.—
For purposes of actions brought under this section,
the court has jurisdiction over any foreign person
that is described in paragraph (1)(A), (B), or (C).
‘‘(3) PROCESS.—Process may be served on a
defendant in any action commenced under this sec-
tion in any place within the United States where the
defendant may be found or transacts business.
‘‘(c) ECONOMIC LOSS.—
‘‘(1) APPLICABLE
PERIOD; PRESUMPTION
OF
LOSS.—If an action is brought under subsection (b),
and there has been a petition filed under section
732, the administering authority and the Commis-
sion shall include in their investigations the period
covered by the private action. There shall be a pre-
sumption of economic loss if a petition filed under
section 732 on behalf of an eligible party resulted in
affirmative determinations under subsections (a) and
(b) of section 735 regarding a class or kind of mer-
chandise.
‘‘(2) NO PRESUMPTION OF LOSS.—If there have
been no affirmative determinations under sub-
sections (a) and (b) of section 735, there shall be no
presumption of economic loss.
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‘‘(3) LIMITATION ON AWARD.—Under no cir-
cumstances shall the court award damages for a pe-
riod subject to the potential assessment of anti-
dumping duties.
‘‘(4) EVALUATION OF LOSS.—In evaluating the
economic loss sustained by the eligible party, the
court shall consider all information, including poten-
tial lost sales, worker layoffs, plant closures, or fi-
nancial losses, submitted by the eligible party and by
parties described in subsection (b)(1)(A), (B), or
(C). The court may consider, but may not require,
an econometric analysis or any other scientific study
estimating the actual effects of the dumped mer-
chandise on the eligible party.
‘‘(d) DAMAGES.—
‘‘(1) IN
GENERAL.—In any action brought
under subsection (b), the eligible party, upon a find-
ing of liability on the part of the defendant, is enti-
tled to recover—
‘‘(A) actual damages for the economic loss
(including injury to business or property) sus-
tained by the eligible party; and
‘‘(B) the costs of the action, including rea-
sonable attorney’s fees.
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‘‘(2) CALCULATION OF DAMAGES.—In calculat-
ing damages for purposes of this section, the
court—
‘‘(A) shall give regard to injury to the eli-
gible party resulting from the importation into
the United States and sale of dumped merchan-
dise and of other merchandise, if any, produced
by the defendant and that consists in part of
merchandise that, if entered or withdrawn from
warehouse separately, would be dumped mer-
chandise; and
‘‘(B) may give such regard to the affirma-
tive finding under subsection (b) of section 735
regarding the dumped merchandise as it consid-
ers appropriate.
‘‘(e) TIME FOR BRINGING ACTION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an action may not be brought under this
section unless commenced within 2 years after the
date on which the cause of action accrues.
‘‘(2) TOLLING OF LIMITATION.—The running of
the 2-year limitation in paragraph (1) shall be sus-
pended while any administrative or judicial review of
an affirmative determination under subsection (a) or