I 
114TH CONGRESS 
2D SESSION 
H. R. 5209 
To amend the Tariff Act of 1930 to provide for the payment to affected 
producers and their employees of duties that are collected pursuant 
to countervailing and antidumping duty orders, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 12, 2016 
Mr. MCKINLEY (for himself, Mr. RUSH, and Mr. WESTERMAN) introduced the 
following bill; which was referred to the Committee on Ways and Means 
A BILL 
To amend the Tariff Act of 1930 to provide for the payment 
to affected producers and their employees of duties that 
are collected pursuant to countervailing and antidumping 
duty orders, 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 ‘‘American Manufac-
turing and Worker Protection Act of 2016’’. 
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SEC. 2. DISTRIBUTION OF COUNTERVAILING AND ANTI-
DUMPING DUTIES. 
(a) IN GENERAL.—Title VII of the Tariff Act of 
1930 (19 U.S.C. 1671 et seq.) is amended by inserting 
after section 753 the following: 
‘‘SEC. 754. DISTRIBUTION OF CERTAIN DUTIES TO AF-
FECTED DOMESTIC PRODUCERS AND EM-
PLOYEES. 
‘‘(a) DEFINITIONS.—In this section: 
‘‘(1) AFFECTED DOMESTIC PRODUCER.— 
‘‘(A) IN
GENERAL.—Subject to subpara-
graph (B), the term ‘affected domestic pro-
ducer’ means any manufacturer or producer 
that— 
‘‘(i) was a petitioner or interested 
party in support of the petition with re-
spect to which an antidumping duty order, 
a finding under the Antidumping Act of 
1921, or a countervailing duty order has 
been entered; and 
‘‘(ii) remains in operation. 
‘‘(B) EXCEPTION.—Any company, busi-
ness, or person that has ceased the production 
of the product covered by the order or finding 
described in subparagraph (A) or who has been 
acquired by a company or business that is re-
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lated to a company that opposed the investiga-
tion pursuant to which the order or finding 
under subparagraph (A) was issued shall not be 
an affected domestic producer. 
‘‘(2) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner responsible for U.S. 
Customs and Border Protection. 
‘‘(3) COMMISSION.—The term ‘Commission’ 
means the United States International Trade Com-
mission. 
‘‘(4) ELIGIBLE EMPLOYEE.— 
‘‘(A) IN
GENERAL.—An individual is an 
‘eligible employee’ of an affected domestic pro-
ducer if the individual— 
‘‘(i) has been totally or partially sepa-
rated from employment with that affected 
domestic producer because of dumping or a 
subsidy pursuant to which the antidumping 
order or finding, or the countervailing duty 
order, described in paragraph (1)(A)(i) 
was entered; or 
‘‘(ii) is an employee of the affected 
domestic producer at the time a distribu-
tion is made under subsection (b) and was 
such an employee continuously from a date 
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that preceded the date on which the anti-
dumping order or finding, or the counter-
vailing duty order, described in paragraph 
(1)(A)(i) was entered. 
‘‘(B) EXCLUSION.—An executive officer of 
an affected domestic producer is not an eligible 
employee of that producer. 
‘‘(C) EXECUTIVE OFFICER DEFINED.—The 
term ‘executive officer’ means, with respect to 
an affected domestic producer, the chairman of 
the board of directors, chief executive officer, 
chief financial officer, president, or vice chair-
man, any executive vice president, and any sen-
ior vice president in charge of a principal busi-
ness unit, division, or function. 
‘‘(5) PARTIALLY SEPARATED.—The term ‘par-
tially separated’ means, with respect to an employee 
who has not been totally separated, that the em-
ployee has had— 
‘‘(A) the employee’s hours of work reduced 
to 80 percent or less of the employee’s average 
weekly hours because of dumping or a subsidy 
pursuant to which an antidumping order or 
finding, or a countervailing duty order, de-
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scribed in paragraph (1)(A)(i), was entered; 
and 
‘‘(B) the employee’s wages reduced to 80 
percent or less of the employee’s average weekly 
wage because of dumping or a subsidy pursuant 
to which such antidumping order or finding, or 
countervailing duty order, was entered. 
‘‘(6) QUALIFYING
EXPENDITURE.—The term 
‘qualifying expenditure’ means an expenditure in-
curred by an affected domestic producer after the 
issuance of the antidumping duty finding or order, 
or countervailing duty order, described in paragraph 
(1)(A)(i) in any of the following categories: 
‘‘(A) Manufacturing facilities. 
‘‘(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. 
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‘‘(I) Acquisition of raw materials and other 
inputs. 
‘‘(J) Working capital or other funds need-
ed to maintain production. 
‘‘(7) RELATED TO.— 
‘‘(A) IN GENERAL.—A company, business, 
or person shall be considered to be ‘related to’ 
another company, business, or person if— 
‘‘(i) the company, business, or person 
directly or indirectly controls or is con-
trolled by the other company, business, or 
person; 
‘‘(ii) a third party directly or indi-
rectly controls both companies, businesses, 
or persons; or 
‘‘(iii) both companies, businesses, or 
persons directly or indirectly control a 
third party and there is reason to believe 
that the relationship causes the first com-
pany, business, or persons to act dif-
ferently than a nonrelated party. 
‘‘(B) CONTROL.—For purposes of subpara-
graph (A), a party shall be considered to di-
rectly or indirectly control another party if the 
party is legally or operationally in a position to 
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exercise restraint or direction over the other 
party. 
‘‘(8) TOTALLY SEPARATED.—The term ‘totally 
separated’ means the layoff or severance of an indi-
vidual from employment with an affected domestic 
producer because of dumping or a subsidy pursuant 
to which an antidumping order or finding, or the 
countervailing duty order, described in paragraph 
(1)(A)(i) was entered. 
‘‘(b) IN GENERAL.—Duties assessed pursuant to a 
countervailing duty order, an antidumping duty order, or 
a finding under the Antidumping Act of 1921 shall be dis-
tributed on a semiannual basis under this section to the 
affected domestic producers for qualifying expenditures 
and cash to eligible employees. Such distribution shall be 
known as the ‘antidumping and subsidy protection 
amount’. Of each such distribution, not more than 10 per-
cent may be used for administrative expenses. Of the re-
mainder, 40 percent shall be distributed to eligible employ-
ees of each affected domestic producer to which a distribu-
tion is made as provided in this section, and 50 percent 
shall be distributed for qualifying expenditures of such af-
fected domestic producer. 
‘‘(c) DISTRIBUTION PROCEDURES.—The Commis-
sioner shall prescribe procedures for distribution of the 
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antidumping and subsidy protection amount required by 
this section. Such procedures shall require each affected 
producer to whom a distribution is to be made under this 
section to distribute the portion required for eligible em-
ployees in equal amounts to all such employees. Each dis-
tribution under this section shall be made not later than 
60 days after the last day of each 6-month period of a 
fiscal year from duties assessed during that 6-month pe-
riod. 
‘‘(d) PARTIES ELIGIBLE
FOR DISTRIBUTION
OF 
ANTIDUMPING
AND
COUNTERVAILING
DUTIES
AS-
SESSED.— 
‘‘(1) LIST
OF
AFFECTED
DOMESTIC
PRO-
DUCERS.—The Commission shall forward to the 
Commissioner, within 45 days after the effective 
date of the American Manufacturing and Worker 
Protection Act of 2016 in the case of orders or find-
ings in effect on that date or, in any other case, 
within 45 days after the date on which an anti-
dumping or countervailing duty order or finding is 
issued, a list of petitioners and persons with respect 
to each order and finding and a list of persons that 
indicate support of the petition by letter or through 
questionnaire response. In those cases in which a de-
termination of injury was not required or the Com-
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mission’s records do not permit an identification of 
those in support of a petition, the Commission shall 
consult with the administering authority to deter-
mine the identity of the petitioner and those domes-
tic parties who have entered appearances during ad-
ministrative reviews conducted by the administering 
authority under section 751. 
‘‘(2) PUBLICATION OF LIST; CERTIFICATION.— 
The Commissioner shall publish in the Federal Reg-
ister, at least 30 days before the distribution of an 
antidumping and subsidy protection amount is 
made, a notice of intention to distribute the anti-
dumping and subsidy protection amount and the list 
of affected domestic producers potentially eligible for 
the distribution based on the list obtained from the 
Commission under paragraph (1). The Commis-
sioner shall request a certification from each poten-
tially eligible affected domestic producer— 
‘‘(A) that the producer desires to receive a 
distribution; 
‘‘(B) that the producer is eligible to receive 
the distribution as an affected domestic pro-
ducer; 
‘‘(C) the qualifying expenditures incurred 
by the producer since the issuance of the order 
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or finding for which distribution under this sec-
tion has not previously been made; and 
‘‘(D) the eligible employees to whom the 
distribution is to be made. 
‘‘(3) DISTRIBUTION OF FUNDS.—The Commis-
sioner shall distribute all funds (including all inter-
est earned on the funds) from assessed duties re-
ceived in a fiscal year to affected domestic producers 
based on the certifications described in paragraph 
(2). The distributions shall be made on a pro rata 
basis based on new and remaining qualifying ex-
penditures and the number of eligible employees to 
whom distributions are to be made. 
‘‘(e) SPECIAL ACCOUNTS.— 
‘‘(1) ESTABLISHMENTS.—Within 14 days after 
the effective date of the American Manufacturing 
and Worker Protection Act of 2016, with respect to 
antidumping duty orders and findings and counter-
vailing duty orders in effect on that effective date, 
and within 14 days after the effective date of an 
antidumping duty order or finding or countervailing 
duty order issued after the effective date of that Act, 
the Commissioner shall establish in the Treasury of 
the United States a special account with respect to 
each such order or finding. 
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‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commis-
sioner shall deposit into the special accounts all anti-
dumping or countervailing duties (including interest 
earned on such duties) that are assessed on or after 
the effective date of the American Manufacturing 
and Worker Protection Act of 2016 under the anti-
dumping duty order or finding or the countervailing 
duty order with respect to which the account was es-
tablished. 
‘‘(3) TIME AND MANNER OF DISTRIBUTIONS.— 
Consistent with the requirements of subsections (c) 
and (d), the Commissioner shall by regulation pre-
scribe the time and manner in which distribution of 
the funds in a special account shall be made. 
‘‘(4) TERMINATION.— 
‘‘(A) TERMINATION.—If— 
‘‘(i) the order or finding with respect 
to which a special account was established 
has terminated, 
‘‘(ii) all entries relating to the order 
or finding have been liquidated and duties 
assessed collected, and 
‘‘(iii) the Commissioner has provided 
notice and a final opportunity to obtain a 
distribution pursuant to subsection (c), 
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then the special account shall terminate upon 
the expiration of the 90-day period beginning 
on the date of the notice described in clause 
(iii) 
‘‘(B) 
UNCLAIMED
AMOUNTS.—Amounts 
not claimed within the 90-day period described 
in subparagraph (A) shall be deposited into the 
general fund of the Treasury. 
‘‘(f) REPORTS
TO CONGRESS.—The Commissioner 
shall submit to Congress, not later than December 31 of 
each year, a report on the implementation of this section 
for antidumping and countervailing duty assessments 
made during the preceding fiscal year, and any rec-
ommendations the Commissioner may have with respect 
to such implementation. The report shall also include any 
findings of the Commission with respect to any waste, 
fraud, or abuse in the program established by this sec-
tion.’’. 
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII of the Tariff Act of 1930 is amended 
by inserting after the item relating to section 753 the fol-
lowing new item: 
‘‘Sec. 754. Distribution of certain duties to affected domestic producers and 
employees.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on October 1, 2016, and shall 
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apply with respect to all antidumping and countervailing 
duty assessments made on or after that date. 
SEC. 3. 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 Act shall apply with 
respect to goods from Canada and Mexico. 
Æ 
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