I
107TH CONGRESS
1ST SESSION
H. R. 3571
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
DECEMBER 20, 2001
Mr. BERRY (for himself, Mrs. MYRICK, Mr. CRAMER, Mr. GRAHAM, Mr.
SPRATT, Mr. BROWN of South Carolina, Mr. KERNS, Mr. HAYES, Mr.
EVANS, Mr. STUPAK, Ms. KAPTUR, Mr. ENGLISH, and Mr. TURNER) in-
troduced 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 2001’’.
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 Com-
mission 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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