I 
108TH CONGRESS 
1ST SESSION H. R. 2092
To amend the Tariff Act of 1930 to provide for an expedited antidumping 
investigation when imports increase materially from new suppliers after 
an antidumping order has been issued, and to amend the provision 
relating to adjustments to export price and constructed export price. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 14, 2003
Mr. BERRY (for himself, Mr. BROWN of South Carolina, Mr. ENGLISH, Mr. 
HAYES, Mr. GRIJALVA, Mr. EVANS, Mr. CRAMER, Mr. STUPAK, Mrs. 
MYRICK, Mr. SPRATT, Mr. TURNER of Texas, Ms. KAPTUR, Mr. WILSON 
of South Carolina, Mr. BACHUS, Mr. PICKERING, Mr. BEREUTER, and 
Mr. ADERHOLT) 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 an expedited 
antidumping investigation when imports increase materi-
ally from new suppliers after an antidumping order has 
been issued, and to amend the provision relating to ad-
justments to export price and constructed export price.
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 ‘‘Expedited Remedy for 
Persistent Dumping Act of 2003’’.
SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMP-
ING IS PRESENT. 
Section 732(a)(2) of the Tariff Act of 1930 (19 
U.S.C. 1673a(a)(2)) is amended—
(1) by striking subparagraph (A) and inserting 
the following: 
‘‘(A) INITIATION
OF
EXPEDITED
INVES-
TIGATION.—An expedited antidumping duty in-
vestigation shall be initiated with respect to a 
particular class or kind of merchandise that is 
subject to an existing antidumping order within 
20 days of the request of an interested party 
described in subparagraph (C), (D), (E), (F), 
or (G) of section 771(9), if the administering 
authority determines, from information avail-
able to it, that imports of such class or kind of 
merchandise have increased materially from an 
additional supplier country, as defined in sub-
paragraph (C), during a period of 90 days or 
during a longer period as determined by the ad-
ministering authority to be appropriate. The re-
quest shall allege and present supporting infor-
mation that such imports are occurring. The 
administering authority, in making a deter-
mination under this subparagraph, shall con-
sider the public record of its investigation of
imports of merchandise subject to the existing 
antidumping order.’’; 
(2) by striking subparagraph (B) and inserting 
the following: 
‘‘(B) INCREASED
MATERIALLY.—The ad-
ministering authority shall consider imports of 
merchandise from an additional supplier coun-
try to have increased materially if such imports 
have increased by 15 percent or more over the 
amount of such imports during a period of com-
parable duration preceding initiation of the 
antidumping investigation of imports of mer-
chandise subject to the existing antidumping 
order.’’; and 
(3) by striking subparagraph (D) and inserting 
the following: 
‘‘(D) PROCEDURES
AND
INJURY
DETER-
MINATIONS
FOR
EXPEDITED
INVESTIGA-
TIONS.—
‘‘(i) The provisions of subsections 
(b)(3), (c)(4), (d), and (e) of this section, 
section 733 (b), (d), and (e), section 734 
(a), (b), (c), (d), (e), (f), (i), (k), and (l), 
and section 735 (a), (c), (d), and (e) shall 
apply to expedited investigations under this
paragraph, except that the administering 
authority shall issue a preliminary deter-
mination within 90 days of receiving a re-
quest for an investigation under subpara-
graph (A). 
‘‘(ii) Not later than 45 days after the 
date on which the request under subpara-
graph (A) is received by the administering 
authority, the Commission shall determine 
if there is a reasonable indication of mate-
rial injury or threat of material injury as 
prescribed in section 733(a)(1). 
‘‘(iii) If the Commission makes an af-
firmative determination that there is a rea-
sonable indication of material injury and 
the administering authority makes an af-
firmative final determination, the Commis-
sion shall make a final determination as 
prescribed in section 735(b)(1) before the 
later of—
‘‘(I) the 120th day after the day 
on which the administering authority 
makes its affirmative preliminary de-
termination under this subparagraph, 
or
‘‘(II) the 45th day after the day 
on which the administering authority 
makes its affirmative final determina-
tion under section 735(a). 
‘‘(iv) The Commission shall make a 
determination under this subparagraph 
from reasonably available information (in-
cluding public information on the adminis-
trative record of its investigation of im-
ports of merchandise subject to the exist-
ing antidumping order). 
‘‘(v) An affirmative final determina-
tion shall not be made unless the Commis-
sion determines pursuant to the factors de-
scribed in sections 735(b)(1) and 771(7) 
that an industry in the United States is 
materially injured, or threatened with ma-
terial injury, by reason of imports of the 
subject merchandise and that imports of 
the subject merchandise are not neg-
ligible.’’. 
SEC. 3. REIMBURSEMENT OF DUTIES. 
Section 772(c)(2) of the Tariff Act of 1930 (19 
U.S.C. 1677a(c)(2)) is amended—
(1) by striking ‘‘and’’ at the end of subpara-
graph (A); 
(2) by striking the period at the end of sub-
paragraph (B) and inserting a comma; and 
(3) by adding at the end the following new sub-
paragraphs: 
‘‘(C) an amount equal to the dumping 
margin calculated under section 771(35)(A), 
unless the producer or exporter is able to dem-
onstrate that the importer was in no way reim-
bursed for any antidumping duties paid, and 
‘‘(D) 
an 
amount 
equal 
to 
the 
net 
countervailable subsidy calculated under section 
771(6), unless the producer or exporter is able 
to demonstrate that the importer was in no way 
reimbursed for any countervailing duties paid.’’. 
SEC. 4. 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, the amend-
ments made by this Act shall apply with respect to goods 
from Canada and Mexico.
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