I 
114TH CONGRESS 
1ST SESSION H. R. 2523 
To make improvements to the antidumping and countervailing duty laws. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 21, 2015 
Mr. BOST (for himself, Mr. RODNEY DAVIS of Illinois, Mr. CRAWFORD, Mr. 
MURPHY of Pennsylvania, Mr. VISCLOSKY, Ms. SEWELL of Alabama, Mr. 
ROTHFUS, Mr. ROKITA, Mr. RYAN of Ohio, Mr. GIBBS, Mr. SHIMKUS, 
Mr. JOHNSON of Ohio, Mr. NOLAN, Ms. KAPTUR, Mr. RENACCI, Mr. 
ROUZER, Mr. BYRNE, Mr. FLORES, Mr. BARLETTA, Mr. HUDSON, Mr. 
GENE GREEN of Texas, Mr. PITTENGER, and Mr. KELLY of Pennsyl-
vania) introduced the following bill; which was referred to the Committee 
on Ways and Means 
A BILL 
To make improvements to the antidumping and 
countervailing duty laws. 
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 Trade En-
forcement Effectiveness Act’’. 
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SEC. 2. CONSEQUENCES OF FAILURE TO COOPERATE WITH 
A REQUEST FOR INFORMATION IN A PRO-
CEEDING. 
Section 776 of the Tariff Act of 1930 (19 U.S.C. 
1677e) is amended— 
(1) in subsection (b)— 
(A) 
by 
redesignating 
paragraphs 
(1) 
through (4) as subparagraphs (A) through (D), 
respectively, and by moving such subpara-
graphs, as so redesignated, 2 ems to the right; 
(B) by striking ‘‘ADVERSE INFERENCES.— 
If’’ and inserting the following: ‘‘ADVERSE IN-
FERENCES.— 
‘‘(1) IN GENERAL.—If’’; 
(C) by striking ‘‘under this title, may use’’ 
and inserting the following: ‘‘under this title— 
‘‘(A) may use’’; and 
(D) by striking ‘‘facts otherwise available. 
Such adverse inference may include’’ and in-
serting the following: ‘‘facts otherwise available; 
and 
‘‘(B) is not required to determine, or make 
any adjustments to, a countervailable subsidy 
rate or weighted average dumping margin based 
on any assumptions about information the in-
terested party would have provided if the inter-
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ested party had complied with the request for 
information. 
‘‘(2) POTENTIAL
SOURCES
OF
INFORMATION 
FOR ADVERSE INFERENCES.—An adverse inference 
under paragraph (1)(A) may include’’; 
(2) in subsection (c)— 
(A) by striking ‘‘CORROBORATION OF SEC-
ONDARY INFORMATION.—When the’’ and in-
serting the following: ‘‘CORROBORATION
OF 
SECONDARY INFORMATION.— 
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), when the’’; and 
(B) by adding at the end the following: 
‘‘(2) EXCEPTION.—The administrative author-
ity and the Commission shall not be required to cor-
roborate any dumping margin or countervailing duty 
applied in a separate segment of the same pro-
ceeding.’’; and 
(3) by adding at the end the following: 
‘‘(d) SUBSIDY RATES AND DUMPING MARGINS IN 
ADVERSE INFERENCE DETERMINATIONS.— 
‘‘(1) IN
GENERAL.—If the administering au-
thority uses an inference that is adverse to the inter-
ests of a party under subsection (b)(1)(A) in select-
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ing among the facts otherwise available, the admin-
istering authority may— 
‘‘(A) in the case of a countervailing duty 
proceeding— 
‘‘(i) use a countervailable subsidy rate 
applied for the same or similar program in 
a countervailing duty proceeding involving 
the same country, or 
‘‘(ii) if there is no same or similar 
program, use a countervailable subsidy 
rate for a subsidy program from a pro-
ceeding that the administering authority 
considers reasonable to use, and 
‘‘(B) in the case of an antidumping duty 
proceeding, use any dumping margin from any 
segment of the proceeding under the applicable 
antidumping order. 
‘‘(2) DISCRETION TO APPLY HIGHEST RATE.— 
In carrying out paragraph (1), the administering au-
thority may apply any of the countervailable subsidy 
rates or dumping margins specified under that para-
graph, including the highest such rate or margin, 
based on the evaluation by the administering author-
ity of the situation that resulted in the admin-
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material injury or threat of material injury to 
an industry in the United States merely be-
cause that industry is profitable or because the 
performance of that industry has recently im-
proved.’’. 
(b) EVALUATION OF IMPACT ON DOMESTIC INDUS-
TRY IN DETERMINATION OF MATERIAL INJURY.—Sub-
clause (I) of section 771(7)(C)(iii) of the Tariff Act of 
1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as 
follows: 
‘‘(I) actual and potential decline 
in output, sales, market share, gross 
profits, operating profits, net profits, 
ability to service debt, productivity, 
return on investments, return on as-
sets, and utilization of capacity,’’. 
(c) CAPTIVE PRODUCTION.—Section 771(7)(C)(iv) of 
the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is 
amended— 
(1) in subclause (I), by striking the comma and 
inserting ‘‘, and’’; 
(2) in subclause (II), by striking ‘‘, and’’ and 
inserting a comma; and 
(3) by striking subclause (III). 
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SEC. 4. PARTICULAR MARKET SITUATION. 
(a) DEFINITION OF ORDINARY COURSE OF TRADE.— 
Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 
1677(15)) is amended by adding at the end the following: 
‘‘(C) Situations in which the administering 
authority determines that the particular market 
situation prevents a proper comparison with the 
export price or constructed export price.’’. 
(b) DEFINITION
OF
NORMAL
VALUE.—Section 
773(a)(1)(B)(ii)(III) of the Tariff Act of 1930 (19 U.S.C. 
1677b(a)(1)(B)(ii)(III)) is amended by striking ‘‘in such 
other country.’’. 
(c) DEFINITION OF CONSTRUCTED VALUE.—Section 
773(e) of the Tariff Act of 1930 (19 U.S.C. 1677b(e)) 
is amended— 
(1) in paragraph (1), by striking ‘‘business’’ 
and inserting ‘‘trade’’; and 
(2) by striking the flush text at the end and in-
serting the following: 
‘‘For purposes of paragraph (1), if a particular market 
situation exists such that the cost of materials and fab-
rication or other processing of any kind does not accu-
rately reflect the cost of production in the ordinary course 
of trade, the administering authority may use another cal-
culation methodology under this subtitle or any other cal-
culation methodology. For purposes of paragraph (1), the 
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cost of materials shall be determined without regard to 
any internal tax in the exporting country imposed on such 
materials or their disposition that is remitted or refunded 
upon exportation of the subject merchandise produced 
from such materials.’’. 
SEC. 5. DISTORTION OF PRICES OR COSTS. 
(a) INVESTIGATION OF BELOW-COST SALES.—Sec-
tion 773(b)(2) of the Tariff Act of 1930 (19 U.S.C. 
1677b(b)(2)) is amended by striking subparagraph (A) 
and inserting the following: 
‘‘(A) REASONABLE GROUNDS TO BELIEVE 
OR SUSPECT.— 
‘‘(i) REVIEW.—In a review conducted 
under section 751 involving a specific ex-
porter, there are reasonable grounds to be-
lieve or suspect that sales of the foreign 
like product have been made at prices that 
are less than the cost of production of the 
product if the administering authority dis-
regarded some or all of the exporter’s sales 
pursuant to paragraph (1) in the investiga-
tion or, if a review has been completed, in 
the most recently completed review. 
‘‘(ii) REQUESTS FOR INFORMATION.— 
In an investigation initiated under section 
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732 or a review conducted under section 
751, the administering authority shall re-
quest information necessary to calculate 
the constructed value and cost of produc-
tion under subsections (e) and (f) to deter-
mine whether there are reasonable grounds 
to believe or suspect that sales of the for-
eign like product have been made at prices 
that represent less than the cost of produc-
tion of the product.’’. 
(b) PRICES
AND COSTS
IN NONMARKET ECONO-
MIES.—Section 773(c) of the Tariff Act of 1930 (19 
U.S.C. 1677b(c)) is amended by adding at the end the 
following: 
‘‘(5) DISCRETION
TO
DISREGARD
CERTAIN 
PRICE OR COST VALUES.—In valuing the factors of 
production under paragraph (1) for the subject mer-
chandise, the administering authority may disregard 
price or cost values without further investigation if 
the administering authority has determined that 
broadly available export subsidies existed or par-
ticular instances of subsidization occurred with re-
spect to those price or cost values or if those price 
or cost values were subject to an antidumping 
order.’’. 
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SEC. 6. REDUCTION IN BURDEN ON DEPARTMENT OF COM-
MERCE BY REDUCING THE NUMBER OF VOL-
UNTARY RESPONDENTS. 
Section 782(a) of the Tariff Act of 1930 (19 U.S.C. 
1677m(a)) is amended— 
(1) in paragraph (1), by redesignating subpara-
graphs (A) and (B) as clauses (i) and (ii), respec-
tively, and by moving such clauses, as so redesig-
nated, 2 ems to the right; 
(2) by redesignating paragraphs (1) and (2) as 
subparagraphs (A) and (B), respectively, and by 
moving such subparagraphs, as so redesignated, 2 
ems to the right; 
(3) by striking ‘‘INVESTIGATIONS
AND RE-
VIEWS.—In’’ and inserting the following: ‘‘INVES-
TIGATIONS AND REVIEWS.— 
‘‘(1) IN GENERAL.—In’’; 
(4) in paragraph (1), as designated by para-
graph (3), by amending subparagraph (B), as redes-
ignated by paragraph (2), to read as follows: 
‘‘(B) the number of exporters or producers 
subject to the investigation or review is not so 
large that any additional individual examination 
of such exporters or producers would be unduly 
burdensome to the administering authority and 
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inhibit the timely completion of the investiga-
tion or review.’’; and 
(5) by adding at the end the following: 
‘‘(2) DETERMINATION
OF
UNDULY
BURDEN-
SOME.—In determining if an individual examination 
under paragraph (1)(B) would be unduly burden-
some, the administering authority may consider the 
following: 
‘‘(A) The complexity of the issues or infor-
mation presented in the proceeding, including 
questionnaires and any responses thereto. 
‘‘(B) Any prior experience of the admin-
istering authority in the same or similar pro-
ceeding. 
‘‘(C) The total number of investigations 
under subtitle A or B and reviews under section 
751 being conducted by the administering au-
thority as of the date of the determination. 
‘‘(D) Such other factors relating to the 
timely completion of each such investigation 
and review as the administering authority con-
siders appropriate.’’. 
SEC. 7. APPLICATION TO CANADA AND MEXICO. 
Pursuant to article 1902 of the North American Free 
Trade Agreement and section 408 of the North American 
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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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