‘‘(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. 110. COUNTERVAILABLE SUBSIDY. 
(a) DEFINITION OF COUNTERVAILABLE SUBSIDY.— 
Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 
1677(5)(E)), as amended by this Act, is further amended 
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by adding at the end the following: ‘‘If there is a reason-
able indication that a financial contribution by the provi-
sion of goods or services has distorted prices for those 
goods or services in the country that is subject to the in-
vestigation or review, or if data regarding such prices are 
otherwise unavailable, then the administering authority 
shall measure adequacy of remuneration by reference to 
data regarding prices for the same or a similar good or 
service from outside the country that is subject to the in-
vestigation or review. The administering authority shall 
adjust such data to the extent practicable to reflect pre-
vailing market conditions in that country. If there is a rea-
sonable indication that prices within a political subdivi-
sion, dependent territory, or possession of a foreign coun-
try are distorted, or data are not available, then the ad-
ministering authority shall measure adequacy of remu-
neration in that political subdivision, dependent territory, 
or possession by reference to data from the most com-
parable area or region in which prices are not distorted, 
regardless of whether it is in the same country.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to any determination under sec-
tion 705 or 751 of the Tariff Act of 1930 (19 U.S.C. 
1671d, 1675) that is made on or after January 1, 2002, 
including published determinations for which judicial or 
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binational panel review has been initiated or completed 
pursuant to section 516A of that Act (19 U.S.C. 1516a). 
To the extent that the amendment made by subsection (a) 
may be relevant to any such determination that has al-
ready been made, the administering authority shall amend 
the determination and associated countervailing duty 
order to bring them into compliance with the amendment 
made by subsection (a), and shall undertake new adminis-
trative proceedings, if necessary, to do so. 
SEC. 111. NEW SHIPPER REVIEW. 
(a) SUSPENSION OF THE AVAILABILITY OF BONDS 
TO NEW SHIPPERS.—Clause (iii) of section 751(a)(2)(B) 
of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)(iii)) 
shall not be effective during the 3-year period beginning 
on the date of the enactment of this Act. 
(b) REPORT ON THE IMPACT OF THE SUSPENSION.— 
Not later than 2 years after the date of the enactment 
of this Act, the Secretary of the Treasury, in consultation 
with the Secretary of Commerce, the United States Trade 
Representative, and the Secretary of Homeland Security, 
shall submit to the Committee on Finance of the Senate 
and the Committee on Ways and Means of the House of 
Representatives a report containing— 
(1) recommendations on whether the suspension 
of the effectiveness of section 751(a)(2)(B)(iii) of 
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the Tariff Act of 1930 should be extended beyond 
the date provided in subsection (a) of this section; 
and 
(2) assessments of the effectiveness of any ad-
ministrative measures that have been implemented 
to address the difficulties giving rise to the suspen-
sion under subsection (a) of this section, including— 
(A) problems in assuring the collection of 
antidumping duties on imports from new ship-
pers; and 
(B) burdens imposed on legitimate trade 
and commerce by the suspension of availability 
of bonds to new shippers by reason of the sus-
pension under subsection (a). 
(c) REPORT ON COLLECTION PROBLEMS AND ANAL-
YSIS OF PROPOSED SOLUTIONS.— 
(1) REPORT.—Not later than 90 days after the 
date of the enactment of this Act, the Secretary of 
the Treasury, in consultation with the Commissioner 
of the Bureau of Customs and Border Protection 
and the Secretary of Commerce, shall submit to the 
Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of 
the Senate a report describing the major problems 
experienced in the collection of duties, including 
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fraudulent activities intended to avoid payment of 
duties, with an estimate of the total amount of un-
collected duties for the previous fiscal year and a 
breakdown across product lines describing the rea-
sons duties were uncollected. 
(2) RECOMMENDATIONS.—The report shall 
make recommendations on additional actions to ad-
dress remaining problems related to duty collections 
and, for each recommendation, provide an analysis 
of how the recommendation would address the spe-
cific problem or problems cited and the impact that 
implementing the recommendation would have on 
international trade and commerce (including any ad-
ditional costs imposed on United States businesses 
and whether the implementation of the revision is 
likely to violate any international trade obligations). 
SEC. 112. VALUING FREIGHT FOR INPUTS IN NONMARKET 
ECONOMY 
COUNTRY 
ANTIDUMPING 
CAL-
CULATIONS. 
Section 773(c)(3) of the Tariff Act of 1930 (19 
U.S.C. 1677b(c)(3)) is amended— 
(1) in subparagraph (C) by striking ‘‘and’’ at 
the end; 
(2) in subparagraph (D) by striking the period 
at the end and inserting ‘‘, and’’; and 
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