I
103D CONGRESS
2D SESSION
H. R. 4716
To provide compensation to certain parties injured under the trade laws
of the United States, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 30, 1994
Mrs. JOHNSON of Connecticut introduced the following bill; which was referred
to the Committee on Ways and Means
A BILL
To provide compensation to certain parties injured under
the trade laws of the United States, 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.
This Act may be cited as the ‘‘Antidumping Com-
pensation Act of 1994’’.
SEC. 2. COMPENSATION AWARDS.
Subtitle C of title VII of the Tariff Act of 1930 is
amended by inserting after section 736 the following new
section:
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‘‘SEC. 736A. COMPENSATION AWARDS.
‘‘(a) DEFINITIONS.—For the purposes of this sec-
tion—
‘‘(1) the term ‘affected domestic producer’
means any manufacturer, producer, or worker rep-
resentative that was a petitioner or interested party
in support of the petition with respect to which an
affirmative injury determination was made in con-
nection with an antidumping duty finding or order
or countervailing duty order;
‘‘(2) the term ‘antidumping duty finding or
order’ means an antidumping finding published
under the Antidumping Act, 1921, or an antidump-
ing duty order published under section 736;
‘‘(3) the term ‘Commissioner’ means the Com-
missioner of the United States Customs Service;
‘‘(4) the term ‘countervailing duty order’ means
a countervailing duty order published under section
303 or 706; and
‘‘(5) the term ‘Secretary’ means the Secretary
of the Treasury.
‘‘(b) COMPENSATION PROCEDURES.—The Commis-
sioner shall prescribe procedures governing when in each
year compensation will be provided under this section, ex-
cept that such compensation shall be distributed, not later
than 30 days after the release of the Annual Report on
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the Status of the Antidumping/Countervailing Duty Pro-
gram.
‘‘(c) PARTIES ELIGIBLE FOR COMPENSATION.—
‘‘(1) INFORMATION
ON
PETITIONERS
AND
OTHER SUPPORTERS OF PETITION.—(A) The Com-
mission shall forward to the Commissioner, with re-
spect to each antidumping duty finding or order, or
a countervailing duty order—
‘‘(i) a list of petitioners and those persons
that indicated support of the petition by letter
or through responses to questionnaires trans-
mitted to such persons under this title, and
‘‘(ii) a confidential tabulation of the dollar
value of sales of the domestic like product cor-
responding to the merchandise that is the sub-
ject of the order of finding, for each petitioner
or person described in clause (i), during the last
12-month period covered by the investigation by
the Commission that resulted in the order or
finding.
The confidentiality of the data submitted by the
Commission to the Commissioner shall be main-
tained. In the case of a countervailing duty order for
which no determination of injury was required, the
Commissioner shall obtain the information described
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in clause (ii) from the named petitioners for the
most recent calendar year.
‘‘(B)(i) Subject to clause (ii), the Commission
shall forward the information required by subpara-
graph (A) to the Commissioner—
‘‘(I) within 60 days after the effective date
of this section in the case of an antidumping
duty finding or order or a countervailing duty
order in effect on such effective date, and
‘‘(II) within 60 days after the issuance of
an antidumping duty finding or order or a
countervailing duty order issued on or after
such effective date.
‘‘(ii) In the case of a countervailing duty order
for which no determination of injury was required,
subclause (I) and (II) of clause (i) shall apply by
substituting ‘180’ for ‘60’.
‘‘(2) PUBLICATION OF NOTICE OF INTENT TO
DISTRIBUTE
COMPENSATION.—The Commissioner
shall publish in the Federal Register, at least 30
days before payments are made under the section, a
notice of intention to distribute compensation, and
the list of persons eligible for such compensation
based on the list obtained from the Commission
under paragraph (1), and shall request from each
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prospective recipient a certification that the person
desires to receive compensation and the person con-
tinues to manufacture the domestic like product in-
volved.
‘‘(3) DISTRIBUTION.—The Commissioner shall
distribute all funds (including all interest earned)
from assessments in the completed fiscal year, from
the appropriate special compensation account estab-
lished under subsection (e), to the persons making
the certifications under paragraph (2), in amounts
proportionate to the percentage of sales of all such
persons that is attributable to such person on the
basis of the information supplied by the Commission
under paragraph (1).
‘‘(d) DEDUCTION
OF
HISTORICALLY
BUDGETED
AMOUNT PRIOR TO DISTRIBUTION.—Prior to the distribu-
tion of amounts from the special compensation accounts
established under subsection (e) in a fiscal year, the Com-
missioner shall deduct from the total duties assessed for
that fiscal year for all outstanding antidumping findings
or orders and all outstanding countervailing duty orders
an amount equal to the average of the sums budgeted in
the United States budget for fiscal years 1988 through
1995 for revenues of the Customs Service. Each special
compensation account shall be reduced on a percentage
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‘‘(4) TIME AND MANNER OF PAYMENTS.—The
Commissioner shall by regulation prescribe the time
and manner in which payment of compensation
awards from special compensation accounts will be
made.
‘‘(5) TERMINATION.—Each special compensa-
tion account shall remain in existence, and com-
pensation awards from such account shall be paid,
until the order or finding for which the account was
established terminates, and all duties relating to
that order or finding are assessed and entries liq-
uidated and all funds in the account are distributed
to the persons eligible for such compensation
awards. Any amounts unable to be distributed within
90 days after the time of the final distribution of
amounts in the account shall be deposited in the
general Treasury.’’.
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