I 117th CONGRESS 1st Session H. R. 6121 IN THE HOUSE OF REPRESENTATIVES December 2, 2021 Ms. Sewell (for herself and Mr. Johnson of Ohio ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To improve the administration of antidumping and countervailing duty laws.

1. Short title; table of contents (a) Short title This Act may be cited as the Eliminating Global Market Distortions to Protect American Jobs Act of 2021 . (b) Table of contents The table of contents for this Act is as follows: Sec. 1. Short title; table of contents. Title I—Successive Investigations Sec. 101. Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations. Sec. 102. Initiation of successive antidumping and countervailing duty investigations. Sec. 103. Issuance of determinations with respect to successive antidumping and countervailing duty investigations. Title II—Responding to Market Distortions Sec. 201. Addressing cross-border subsidies in countervailing duty investigations. Sec. 202. Modification of definition of ordinary course of trade to specify that an insufficient quantity of foreign like products constitutes a situation outside the ordinary course of trade. Sec. 203. Modification of adjustments to export price and constructed export price with respect to duty drawback. Sec. 204. Modification of determination of constructed value to include distortions of costs that occur in foreign countries. Sec. 205. Special rules for calculation of cost of production and constructed value to address distorted costs. Title III—Preventing Circumvention Sec. 301. Modification of requirements in circumvention inquiries. Sec. 302. Requirement of provision by importer of certification by importer or other party. Sec. 303. Clarification of authority for Department of Commerce regarding determinations of class or kind of merchandise. Sec. 304. Asset requirements applicable to nonresident importers. Title IV—Countering currency undervaluation Sec. 401. Investigation or review of currency undervaluation under countervailing duty law. Sec. 402. Determination of benefit with respect to currency undervaluation. Title V—Preventing duty evasion Sec. 501. Limitation on protest against decisions of U.S. Customs and Border Protection of claims of evasion of antidumping and countervailing duty orders. Sec. 502. Procedures for investigating claims of evasion of safeguard actions. Sec. 503. Application of provisions relating to certain proprietary information. Title VI—General Provisions Sec. 601. Application to Canada and Mexico. Sec. 602. Repeal of the Softwood Lumber Act of 2008. Sec. 603. Effective date. I Successive Investigations 101. Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations (a) In general Section 771(7) of the Tariff Act of 1930 ( 19 U.S.C. 1677(7) ) is amended— (1) by redesignating subparagraphs (E) through (J) as subparagraphs (F) through (K), respectively; (2) in subparagraph (I), as redesignated by paragraph (1)— (A) by striking subparagraph (G)(ii) and inserting subparagraph (H)(ii) ; and (B) by striking subparagraph (F) and inserting subparagraph (G) ; and (3) by inserting after subparagraph (D) the following: (E) Special rules for successive investigations (i) In general (I) Evaluation of impact on domestic industry In evaluating the impact of imports of the merchandise on producers of domestic like products under subparagraph (C)(iii), the Commission shall— (aa) consider the condition of the domestic industry as found in a recently completed investigation; (bb) consider the effect of a concurrent investigation or recently completed investigation on trade and the financial performance of the domestic industry; and (cc) take into account the considerations described in items (aa) and (bb), include in the record any prior injury determinations by the Commission with respect to imports of the merchandise. (II) Effect of recent improvement on material injury determination For the purposes of this subparagraph, the Commission may not find that there is no material injury or threat of material injury to a domestic industry solely based on recent improvements in the industry’s performance, such as an increase in sales, market share, or profitability of domestic producers, that are related to relief granted pursuant to a concurrent investigation or recently completed investigation. (ii) Retroactive application of final determination In making any finding under section 705(b)(4)(A) or 735(b)(4)(A) in a successive investigation, the Commission shall determine that a concurrent investigation or recently completed investigation contributes to the likelihood that the remedial effect of the countervailing duty order to be issued under section 706 or the antidumping duty order to be issued under section 736 will be seriously undermined. . (b) Definitions Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 ) is amended by adding at the end the following: (37) Treatment of successive investigations For purposes of sections 702(f), 732(f), and 784, as well as paragraph (7)(E) of this section: (A) Concurrent investigation The term concurrent investigation means an ongoing investigation in which an affirmative determination under section 703(a) or 733(a) has been made by the Commission with respect to imports of a same class or kind of merchandise that are the same or similar to imports of a same class or kind of merchandise from another country that are the subject of a successive investigation. (B) Recently completed investigation The term recently completed investigation means a completed investigation in which an affirmative determination under section 705(b) or 735(b) was issued by the Commission with respect to imports of a class or kind of merchandise that are the same or similar to imports of a class or kind of merchandise from another country that are the subject of a successive investigation not more than 2 years before the date of initiation of the successive investigation. (C) Successive investigation The term successive investigation means an investigation that has been initiated by the administering authority following a petition filed pursuant to section 702(f) or 732(f). . 102. Initiation of successive antidumping and countervailing duty investigations (a) Countervailing duty investigation Section 702 of the Tariff Act of 1930 ( 19 U.S.C. 1671a ) is amended by adding at the end the following: (f) Initiation by administering authority of successive countervailing duty investigation A successive investigation shall be initiated— (1) under subsection (a), if— (A) the requirements under that subsection are met with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation; or (2) under subsection (b), if— (A) the determinations under clauses (i) and (ii) of subsection (c)(1)(A) are affirmative with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation. . (b) Antidumping duty investigation Section 732 of the Tariff Act of 1930 ( 19 U.S.C. 1673a ) is amended by adding at the end the following: (f) Initiation by administering authority of successive antidumping duty investigation A successive investigation shall be initiated— (1) under subsection (a), if— (A) the requirements under that subsection are met with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation; or (2) under subsection (b), if— (A) the determinations under clauses (i) and (ii) of subsection (c)(1)(A) are affirmative with respect to imports of a class or kind of merchandise; and (B) imports of the same or similar class or kind of merchandise from another country are or have been the subject of a concurrent investigation or recently completed investigation. . 103. Issuance of determinations with respect to successive antidumping and countervailing duty investigations (a) In general Subtitle D of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1677 et seq. ) is amended by adding at the end the following: 784. Determinations relating to successive investigations (a) In general Notwithstanding any other provision of this title, the administering authority— (1) with respect to a successive investigation under section 702(f)— (A) shall issue a preliminary determination under section 703(b) not later than 85 days after initiating the investigation; (B) may not postpone under section 703(c) such deadline for the issuance of a preliminary determination unless requested by the petitioner; (C) shall obtain the information required for a determination under section 703(e); (D) shall make a determination under section 703(e) with respect to the investigation; (E) shall issue a final determination under section 705(a) not later than 75 days after issuing the preliminary determination under subparagraph (A); and (F) shall extend the date of the final determination under section 705(a) if requested by the petitioner; and (2) with respect to a successive investigation under section 732(f)— (A) shall issue a preliminary determination under section 733(b) not later than 140 days after initiating the investigation; (B) may not postpone under section 733(c) such deadline for the issuance of a preliminary determination unless requested by the petitioner; (C) shall obtain the information required for a determination under section 733(e); (D) shall make a determination under section 733(e) with respect to the investigation; (E) shall issue a final determination under section 735(a) not later than 75 days after issuing the preliminary determination under subparagraph (A); and (F) may extend the date of the final determination under section 735(a)(2). . (b) Clerical amendment The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 783 the following: Sec.784. Determinations relating to successive investigations. . II Responding to Market Distortions 201. Addressing cross-border subsidies in countervailing duty investigations (a) In general Section 701(d) of the Tariff Act of 1930 ( 19 U.S.C. 1671(d) ) is amended— (1) in the subsection heading, by striking international consortia and inserting special rules ; (2) by striking For purposes and inserting the following: (1) International consortia and multinational corporations For purposes ; (3) in paragraph (1), as so designated, by inserting after in their respective home countries, the following: or multinational corporations that are engaged in the production of subject merchandise receive countervailable subsidies to assist, permit, or otherwise enable their production or manufacturing operations in the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States, ; and (4) by adding at the end the following: (2) Transnational subsidies (A) In general For purposes of this subtitle, if there is a countervailable subsidy conferred by a government of a country or any public entity within the territory of a country that is not the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States and the government of the country or any public entity within the territory of the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States (hereafter in this subparagraph referred to as the subject merchandise country ) facilitates the provision of such subsidy, then the administering authority shall treat the subsidy as having been provided by the government of the subject merchandise country or a public entity within the territory of the subject merchandise country and shall cumulate all such countervailable subsidies, as well as countervailable subsidies provided directly or indirectly by the government or any public entity within the territory of the subject merchandise country. (B) Application This paragraph shall be applied in a manner consistent with the international obligations of the United States. . (b) Definitions Subtitle D of title VII of the Tariff Act of 1930 is amended as follows: (1) In section 771 ( 19 U.S.C. 1677 )— (A) in paragraph (5A)— (i) in subparagraph (A), by striking pursuant to subparagraph (D) and inserting pursuant to subparagraph (E) ; (ii) by redesignating subparagraph (D) as subparagraph (E); and (iii) by inserting after subparagraph (C) the following: (D) Transnational subsidy In determining whether a transnational subsidy, including subsidies described in subparagraph (B) or (C) is a specific subsidy, in law or in fact, the administering authority shall examine the subsidy practice of the government or public entity that conferred the subsidy. ; (B) in paragraph (9)— (i) in subparagraph (F), by striking and at the end; (ii) in subparagraph (G), by striking the period at the end and inserting and ; and (iii) by adding at the end the following: (H) in any investigation under subtitle A involving a transnational subsidy, the government of the country that confers the transnational subsidy. ; and (C) by adding at the end the following: (37) Transnational subsidy The term transnational subsidy , with respect to subject merchandise, means a subsidy conferred by a country that is not the country in which the class or kind of merchandise is produced, exported, or sold (or likely to be sold) for importation into the United States to the producer, exporter, or supplier of the producer or exporter, of the subject merchandise. (38) Multinational corporation The term multinational corporation means a person, firm, or corporation which owns or controls, directly or indirectly, facilities for the production of subject merchandise in two or more foreign countries. . (2) In section 771A(a)(1), by striking in the same country as the authority . 202. Modification of definition of ordinary course of trade to specify that an insufficient quantity of foreign like products constitutes a situation outside the 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: (D) Situations in which the quantity of a foreign like product selected for comparison under paragraph (16) is insufficient to establish that the conditions and practices associated with such sales have been normal in the trade under consideration for a reasonable period of time prior to the exportation of the subject merchandise, and permit a proper comparison to the export price or constructed export price. . 203. Modification of adjustments to export price and constructed export price with respect to duty drawback Section 772(c)(1)(B) of the Tariff Act of 1930 ( 19 U.S.C. 1677a(c)(1)(B) ) is amended— (1) by striking any ; and (2) by inserting after United States the following: , but that amount shall not exceed the per unit amount of such duties contained in the weighted average cost of production . 204. Modification of determination of constructed value to include distortions of costs that occur in foreign countries (a) In general Section 773(b)(3) of the Tariff Act of 1930 ( 19 U.S.C. 1677b(b)(3) ) is amended— (1) in subparagraph (A), by striking business and inserting trade ; and (2) in the matter following subparagraph (C), by inserting before For purposes the following: For purposes of subparagraph (A), if a particular market situation exists such that the cost of materials and fabrication or other processing of any kind does not accurately reflect the cost of production in the ordinary course of trade, the administering authority may use another calculation methodology under this subtitle or any other calculation methodology. . (b) Modification of definition of ordinary course of trade To include adjusted costs Section 771(15)(C) of the Tariff Act of 1930 ( 19 U.S.C. 1677(15)(C) ) is amended— (1) by striking that the particular market situation prevents and inserting that a particular market situation exists that— (i) prevents ; (2) in clause (i), as designated by paragraph (1), by striking the period at the end and inserting , relating to normal value determined under subsection (a) of section 773; or ; and (3) by adding at the end the following: (ii) distorts certain costs of production, relating to normal value determined under subsections (b) and (e) of section 773. . 205. Special rules for calculation of cost of production and constructed value to address distorted costs (a) In general Section 773(f)(3) of the Tariff Act of 1930 ( 19 U.S.C. 1677b(f)(3) ) is amended— (1) by striking (3) Major input rule .—If inserting the following: (3) Major input rule (A) In general If ; and (2) by adding at the end of the following: (B) Major inputs from certain unaffiliated persons (i) In general In the case of a transaction between the exporter or producer of the merchandise and any unaffiliated persons described in clause (ii) involving a major input to the merchandise, the administering authority may value such major input based on the information available as to what the amount would have been if the transaction had occurred between the exporter or producer of the merchandise and any unaffiliated persons other than unaffiliated persons described in clause (ii), if such amount is greater than that reflected in the records of the exporter or producer of the merchandise. (ii) Unaffiliated persons described Unaffiliated persons described in this clause include— (I) any person in a nonmarket economy country; (II) any producer, exporter, or supplier of the input described in clause (i) found by the administering authority, or by any investigating authority of a third country, to be receiving a subsidy pertaining to an identical or comparable input in the respective country; (III) any producer, exporter, or supplier of the input described in clause (i) found by the administering authority, or by any investigating authority of a third country, to be selling an identical or comparable input for less than fair market value in the respective country; (IV) a government or public body operating within the territory of the exporting country or in any other country; or (V) a group of governments or public bodies that collectively account for a meaningful share of the production of the input in the exporting country or in any other country. . III Preventing Circumvention 301. Modification of requirements in circumvention inquiries (a) In general Section 781 of the Tariff Act of 1930 ( 19 U.S.C. 1677j ) is amended by striking subsection (f) and inserting the following: (f) Procedures for conducting circumvention inquiries (1) Initiation by administering authority A circumvention inquiry shall be initiated whenever the administering authority determines, from information available to it, that a formal inquiry is warranted into the question of whether the elements necessary for a determination under this section exist. (2) Initiation by inquiry request (A) In general A circumvention inquiry shall be initiated whenever an interested party files an inquiry request that alleges the elements necessary for a determination under this section, accompanied by information reasonably available to the requestor supporting those allegations. (B) Rules The administering authority shall specify requirements for the contents and service of an inquiry request under subparagraph (A). (3) Action with respect to inquiry request (A) In general Not later than 30 days after the filing of an inquiry request under paragraph (2)(A), the administering authority shall— (i) initiate a circumvention inquiry; (ii) dismiss the inquiry request as inadequate and notify the requestor in writing of the reasons for the dismissal; or (iii) notify all interested parties that the inquiry request will be addressed through a determination (other than a determination under this section) by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or an antidumping or countervailing duty order. (B) Extension The administering authority may extend the deadline under subparagraph (A) by a period not to exceed 15 days. (4) Determinations (A) Preliminary determinations (i) In general Except as provided in clause (ii), not later than 90 days after the date on which the initiation of a circumvention inquiry under paragraph (1) or (3)(A) is published, the administering authority shall make a preliminary determination, based on the information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. (ii) Extension The administering authority may extend the deadline under clause (i) by a period not to exceed 45 days. (B) Final determinations (i) In general Except as provided in clause (ii), not later than 120 days after the date on which the preliminary determination is published under subparagraph (A) with respect to a circumvention inquiry, the administering authority shall make a final determination of whether the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. (ii) Extension The administering authority may extend the deadline under clause (i) by a period not to exceed 60 days. (C) Other class or kind determinations If an inquiry request under paragraph (2)(A) is addressed through a class or kind determination described in paragraph (3)(C), the administering authority shall make such determination not later than 335 days after the filing of the inquiry request. (5) Rule of construction The administering authority may simultaneously initiate a circumvention inquiry under paragraph (1) or (3)(A) and issue a preliminary determination under paragraph (4)(A) if the pattern of circumvention alleged is similar to that of a prior final determination by the administering authority. . (b) Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry; application of circumvention determination Section 781 of the Tariff Act of 1930 ( 19 U.S.C. 1677j ) is further amended by adding at the end the following: (g) Suspension of liquidation and collection of deposits of entries subject to circumvention inquiry (1) In general If the administering authority initiates a circumvention inquiry under paragraph (1) or (3)(A) of subsection (f), for each unliquidated entry of merchandise subject to the circumvention inquiry entered or withdrawn from warehouse, that is already suspended, the administering authority shall order— (A) the continued suspension of liquidation of such entries; and (B) the continued posting of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable for such entries. (2) Preliminary determination If the administering authority issues a preliminary affirmative determination under paragraph (4)(A) of subsection (f), the administering authority shall order— (A) the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f); (B) the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f) if the administering authority determines, in light of the circumstances, that such suspension under this paragraph is warranted; and (C) the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable, for each entry of merchandise described in subparagraphs (A) and (B). (3) Final determination If the administering authority issues a final affirmative determination under paragraph (4)(B) of subsection (f), the administering authority shall order— (A) the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f); (B) the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of circumvention inquiry under paragraph (1) or (3)(A) of subsection (f) if the administering authority determines, in light of the circumstances, that such suspension under this paragraph is warranted; and (C) the posting, or continued posting, of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable, for each entry of merchandise described in subparagraphs (A) and (B). (4) Rule of construction Nothing in this section shall be construed to prevent the administering authority from applying the requirements under this subsection in a class or kind determination described in subsection (f)(3)(C). (h) Application of circumvention determination (1) In general The administering authority shall consider the appropriate remedy to address circumvention and to prevent evasion of the order pursuant to a determination described in subsections (4)(f)(A) and (B). Such remedies may include the following: (A) The application of the determination on a producer-specific, exporter-specific, importer-specific basis, or some combination thereof, and, as appropriate, the implementation of a certification requirement under section 785. (B) The application of the determination on a countrywide basis to all products from the same country, regardless of producer, exporter, or importer of those products, and, as appropriate, the implementation of a certification requirement under section 785. (2) Exemption for certification When a certification requirement is implemented under this paragraph and the eligible importer or other party complies with that requirement, antidumping and countervailing duties under this title may not be applied to the merchandise under certification. . (c) Publication in the federal register Section 777(i) of the Tariff Act of 1930 is amended by adding at the end the following: (4) Circumvention inquiries Whenever the administering authority makes a determination under section 781 whether to initiate a circumvention inquiry, or makes a preliminary or final determination under subsection (f)(4) of that section, the administering authority shall publish the facts and conclusions supporting that determination and shall publish notice of that determination in the Federal Register. . (d) Adding verification responses in circumvention inquiries Section 782(i) of the Tariff Act of 1930 ( 19 U.S.C. 1677m(i) ) is amended— (1) in paragraph (2), by striking and at the end; (2) in paragraph (3)(B), by striking the period at the end and inserting , and ; and (3) by adding at the end the following: (4) a final determination in a circumvention inquiry conducted pursuant to section 781 if good cause for verification is shown. . 302. Requirement of provision by importer of certification by importer or other party (a) In general Subtitle D of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1677 et seq. ), as amended by section 103(a), is further amended by adding at the end the following: 785. Requirement for certification by importer or other party (a) Requirement (1) In general For imports of merchandise into the customs territory of the United States, the administering authority may require an importer or other party— (A) to provide by electronic means, at the time of entry or with the entry summary, a certification described in paragraph (2); (B) to maintain that certification; or (C) to otherwise demonstrate compliance with the requirements for that certification. (2) Certification described A certification described in this paragraph is a certification by the importer of the merchandise or other party, as required by the administering authority, that among other things— (A) the merchandise is not subject to an antidumping or countervailing duty proceeding under this title; and (B) the inputs used in production, transformation, or processing of the merchandise are not subject to an antidumping or countervailing duty under this title. (3) Available upon request A certification required by the administering authority under paragraph (1), if not already provided, shall be made available upon request to the administering authority or the Commissioner of U.S. Customs and Border Protection (in this section referred to as the Commissioner ). (b) Authority To collect cash deposits and To assess duties (1) In general If the administering authority requires an importer or other party to provide a certification described in paragraph (2) of subsection (a) for merchandise imported into the customs territory of the United States pursuant to paragraph (1) of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the administering authority shall instruct the Commissioner— (A) to suspend liquidation of the entry; (B) to require that the importer or other party post a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable to the merchandise; and (C) to assess the appropriate rate of duty upon liquidation or reliquidation of the entry. (2) Assessment rate If no rate of duty for an entry is available at the time of assessment under paragraph (1)(C), the administering authority shall identify the applicable cash deposit rate to be applied to the entry, with the applicable duty rate to be provided as soon as the duty rate becomes available. (c) Penalties If the administering authority requires an importer or other party to provide a certification described in paragraph (2) of subsection (a) for merchandise imported into the customs territory of the United States pursuant to paragraph (1) of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the importer of the merchandise may be subject to a penalty pursuant to section 592 of this Act, section 1001 of title 18, United States Code, or any other applicable provision of law. . (b) Clerical amendment The table of contents for the Tariff Act of 1930, as amended by section 103(b), is further amended by inserting after the item relating to section 784 the following: Sec.785. Requirement for certification by importer or other party. . 303. Clarification of authority for Department of Commerce regarding determinations of class or kind of merchandise (a) Determinations of class or kind of merchandise To determine whether merchandise imported into the United States is within the class or kind of merchandise covered by an antidumping or countervailing duty proceeding under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ), the administering authority may use any reasonable method and is not bound by the determinations of any other Federal department or agency, including tariff classification and country of origin marking rulings issued by the Commissioner of U.S. Customs and Border Protection. Class or kind determinations may be made under this section or under section 781 in accordance with the criteria set forth in this section or in section 781. (b) Origin of merchandise To determine the origin of merchandise for purposes of an antidumping or countervailing duty proceeding under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ), the administering authority may apply any reasonable method and may consider relevant factors, including— (1) whether the upstream and downstream products are within the same class or kind of merchandise; (2) whether an essential characteristic of the merchandise, or an essential component thereof, is substantially transformed in the country of exportation; (3) the physical characteristics of the merchandise; (4) the value added, nature, and sophistication of processing in the third country or countries; (5) the level of investment in the third country or countries; and (6) any other factors that the administering authority considers appropriate. (c) Reviewable determinations Section 516A(a)(2)(A)(ii) of the Tariff Act of 1930 ( 19 U.S.C. 1516a(a)(2)(A)(ii) ) is amended to read as follows: (ii) the date of publication in the Federal Register of notice of a determination described in clause (iv) of subparagraph (B), or, if no such notice is published, the date on which the administering authority conveys a copy of such determination to an interested party who is a party to the proceeding, . 304. Asset requirements applicable to nonresident importers (a) In general Part III of title IV of the Tariff Act of 1930 ( 19 U.S.C. 1481 et seq. ) is amended by inserting after section 484b the following: 484c. Asset requirements applicable to nonresident importers (a) Definitions In this section: (1) Importer; nonresident importer The terms importer and nonresident importer have the meanings given those terms in section 641(i). (2) Resident importer The term resident importer means any importer other than a nonresident importer. (b) Requirements for nonresident importers Except as provided in subsection (c), the Commissioner of U.S. Customs and Border Protection shall— (1) require a nonresident importer that imports merchandise into the United States to maintain assets in the United States sufficient to pay all duties that may potentially be applied to the merchandise; and (2) require a bond with respect to the merchandise in an amount sufficient to ensure full liability on the part of a nonresident importer and the surety of the importer based on the amount of assets the Commissioner determines to be sufficient under subsection (c). (c) Determination of amount of assets required To be maintained For purposes of subsection (b)(1), the Commissioner shall calculate the amount of assets sufficient to pay all duties that may potentially be applied to merchandise imported by a nonresident importer, calculated using the declared customs value of the merchandise, of all duties, fees, interest, taxes, or other charges, and all deposits for duties, fees, interest, taxes, or other charges, that would apply with respect to the merchandise if the merchandise were subject to the highest rate of all duties applicable to such imported merchandise. (d) Maintenance of assets in the United States (1) In general For purposes of subsection (b)(1), a nonresident importer of merchandise meets the requirement to maintain assets in the United States if the importer has clear title, at all times between the entry of the merchandise and the liquidation of the entry and payment in full of all corresponding bills issued as a result of the liquidation, to assets described in paragraph (2) with a value equal to the amount determined under subsection (c). (2) Assets described An asset described in this paragraph is— (A) an asset held by a United States financial institution; (B) an interest in an entity organized under the laws of the United States or any jurisdiction within the United States; or (C) an interest in real or personal property located in the United States or any territory or possession of the United States. (e) Exceptions The requirements of this section shall not apply with respect to a nonresident importer— (1) that is a validated Tier 2 or Tier 3 participant in the Customs-Trade Partnership Against Terrorism program established under subtitle B of title II of the Security and Accountability For Every Port Act of 2006 ( 6 U.S.C. 961 et seq. ); or (2) if the Commissioner is satisfied, based on certified information supplied by the importer and any other relevant evidence, that the Commissioner has the same or equivalent ability to collect all duties that may potentially be applied to merchandise imported by the importer as the Commissioner would have if the importer were a resident importer. (f) Procedures (1) In general The Commissioner shall prescribe procedures for assuring that nonresident importers maintain the assets required by subsection (b). (2) Deadline The Commissioner shall ensure the procedures required by paragraph (1) are prescribed and in effect not later than 90 days after the date of the enactment of this Act. (g) Penalties (1) In general It shall be unlawful for any person to import into the United States any merchandise in violation of this section. (2) Civil penalties Any person who violates paragraph (1) shall— (A) in the case of merchandise described in such paragraph with a domestic value that is equal to or greater than $50,000, be liable for a civil penalty of $50,000 for each such violation; or (B) in the case of merchandise described in such paragraph with a domestic value that is less than $50,000, be liable for a civil penalty equal to 50 percent of the amount of such domestic value for each such violation. (3) Other penalties In addition to the penalties specified in paragraph (2), any violation of this section that violates any other provision of the customs and trade laws of the United States (as defined in section 2 of the Trade Facilitation and Trade Enforcement Act of 2015 ( 19 U.S.C. 4301 )) shall be subject to any applicable civil or criminal penalty, including seizure and forfeiture, that may be imposed under that provision or title 18, United States Code. . (b) Clerical amendment The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 484b the following: Sec.484c. Asset requirements applicable to nonresident importers. . (c) Effective date Section 484c of the Tariff Act of 1930, as added by subsection (a)— (1) takes effect on the date of the enactment of this Act; and (2) applies with respect to merchandise entered, or withdrawn from warehouse for consumption, on or after the date that is 180 days after such date of enactment. IV Countering currency undervaluation 401. Investigation or review of currency undervaluation under countervailing duty law Section 702(c) of the Tariff Act of 1930 ( 19 U.S.C. 1671a(c) ) is amended by adding at the end the following: (6) Currency undervaluation For purposes of a countervailing duty investigation under this subtitle in which the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative and the petition includes an allegation of currency undervaluation by the government of a country or any public entity within the territory of a country that meets the requirements of clause (i) of that paragraph, or for purposes of a review under subtitle C with respect to a countervailing duty order involving such an allegation, the administering authority shall examine in its investigation or review whether currency undervaluation by the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy. . 402. Determination of benefit with respect to currency undervaluation Section 771(5)(E) of the Tariff Act of 1930 ( 19 U.S.C. 1677(5)(E) ) is amended— (1) in clause (iii), by striking , and and inserting a comma; (2) in clause (iv), by striking the period at the end and inserting , and ; (3) by inserting after clause (iv) the following: (v) in the case of a transaction involving currency, if there is a difference between the amount of currency received in exchange for United States dollars and the amount of currency that the recipient would have received absent an undervalued currency. ; and (4) in the flush text following clause (v), as added by paragraph (3), by adding at the end the following: For purposes of clause (v), a determination of the existence and amount of a benefit from the exchange of an undervalued currency shall take into account a comparison of the exchange rates derived from a methodology determined by the administering authority to be appropriate in light of the facts and circumstances to the relevant actual exchange rates. That determination shall rely on authoritative information that is on the administrative record. . V Preventing duty evasion 501. Limitation on protest against decisions of U.S. Customs and Border Protection of claims of evasion of antidumping and countervailing duty orders The Tariff Act of 1930 is amended— (1) in section 514(b) ( 19 U.S.C. 1514(b) )— (A) by striking title, determinations and inserting title, or with respect to determinations made under section 517 of this title which are reviewable under subsection (g) of such section, determinations ; and (B) by inserting after a determination listed in section 516A of this title the following: or a determination listed in section 517 of this title, as the case may be, ; and (2) in section 517(h) ( 19 U.S.C. 1517(h) ), by adding at the end before the period the following: , except that any decision as to the liquidation or reliquidation of an entry of covered merchandise in accordance with a determination under subsection (c) and review under subsection (f), if applicable, shall not be subject to a protest of such decision filed in accordance with section 514 . 502. Procedures for investigating claims of evasion of safeguard actions (a) Tariff Act of 1930 Section 517 of the Tariff Act of 1930 ( 19 U.S.C. 1517 ) is amended— (1) in the section heading, by adding at the end before the period the following: and safeguard actions ; (2) in subsection (a)— (A) in paragraph (3)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) an action taken under section 203 of the Trade Act of 1974 ( 19 U.S.C. 2253 ). ; and (B) in paragraph (5)(A), by inserting after applicable antidumping or countervailing duties the following: or any applicable safeguard action ; (3) in subparagraphs (A) and (B) of subsection (b)(4), by inserting after covered merchandise each place it appears the following: under subparagraph (A) or (B) of subsection (a)(3) ; and (4) in subsection (d)(1)— (A) in subparagraph (C)— (i) in the matter preceding clause (i), by inserting after (C) the following: if the determination relates to covered merchandise under subparagraph (A) or (B) of subsection (a)(3), ; and (ii) in clause (i), by inserting after subparagraphs (A) and (B) the following: of this paragraph ; and (B) in subparagraph (D)— (i) by inserting after (D) the following: if the determination relates to covered merchandise under subparagraph (A) or (B) of subsection (a)(3), ; and (ii) by inserting after subparagraphs (A) and (B) the following: of this paragraph . (b) Trade Facilitation and Trade Enforcement Act of 2015 The Trade Facilitation and Trade Enforcement Act of 2015 is amended— (1) in section 402 ( 19 U.S.C. 4361 )— (A) in paragraph (2)— (i) in subparagraph (A), by striking or at the end; (ii) in subparagraph (B), by striking the period at the end and inserting ; or ; and (iii) by adding at the end the following: (C) an action taken under section 203 of the Trade Act of 1974 ( 19 U.S.C. 2253 ). ; (B) in paragraph (5), by inserting after applicable antidumping or countervailing duties the following: or any applicable safeguard action ; and (C) in paragraph (7), by adding at the end before the period the following: and chapter 1 of title II of the Trade Act of 1974 ( 19 U.S.C. 2251 et seq. ) ; and (2) in section 412 ( 19 U.S.C. 4372 )— (A) in subsection (a)(2)— (i) by redesignating subparagraphs (A), (B), and (C) as subparagraphs (B), (C), and (D), respectively; and (ii) by inserting before subparagraph (B), as redesignated, the following: (A) a person reasonably suspected of entering covered merchandise into the customs territory of the United States through evasion”; ; and (B) in subsection (b)(1)— (i) in subparagraph (B)— (I) by redesignating clauses (i), (ii), and (iii) as clauses (ii), (iii), and (iv), respectively; and (II) by inserting before clause (ii), as redesignated, the following: (i) a person from whom information was requested pursuant to subsection (a)(2)(A); ; and (ii) in subparagraph (C), by striking clause (ii) or (iii) and inserting clause (i), (iii), or (iv) . 503. Application of provisions relating to certain proprietary information (a) In general Section 517 of the Tariff Act of 1930 ( 19 U.S.C. 1517 ), as amended by section 502(a), is further amended by adding at the end the following: (i) Application of provisions relating to certain proprietary information (1) In general Except as provided in paragraph (2), the provisions of subsections (b), (c), and (d) of section 777, relating to information submitted in connection with proceedings under title VII of this Act, shall apply with respect to information submitted in connection with proceedings under this section to the same extent and in the same manner as such provisions apply to information submitted in connection with proceedings under such title VII. (2) Exceptions In carrying out paragraph (1), the provisions of subsections (b), (c), and (d) of section 777 shall be applied and administered as follows: (A) By substituting the Commissioner for the administering authority or the Commission and the administering authority and the Commission each place either such term appears. (B) Paragraphs (1)(A)(ii) and (3) of such subsection (b) shall not apply. (C) The second and third sentences of such subsection (c)(1)(A) shall not apply. (D) In such subsection (c)— (i) in paragraph (1)— (I) in subparagraph (B), by substituting determine to be appropriate for determine to be appropriate, including disbarment from practice before the agency ; and (II) in subparagraph (C)— (aa) in clause (i), by substituting 14 days for 14 days (7 days if the submission pertains to a proceeding under section 703(a) or 733(a)) ; and (bb) in the text following clause (ii)(II), by substituting 30 days for 30 days (10 days if the submission pertains to a proceeding under section 703(a) or 733(a)) ; and (ii) in paragraph (2), by substituting United States Court of International Trade for United States Customs Court . . (b) Regulations The Commissioner of U.S. Customs and Border Protection shall prescribe such regulations as may be necessary to implement subsection (i) of section 517 of the Tariff Act of 1930 ( 19 U.S.C. 1517 ), as added by subsection (a). (c) Effective date The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act. VI General Provisions 601. Application to Canada and Mexico Pursuant to section 418 of the United States-Mexico-Canada Agreement Implementation Act ( 19 U.S.C. 4588 ), the amendments made by this Act apply with respect to goods from Canada and Mexico. 602. Repeal of the Softwood Lumber Act of 2008 The second title VIII of the Tariff Act of 1930 ( 19 U.S.C. 1683 et seq. ; relating to softwood lumber), as added by section 3301 of the Food, Conservation, and Energy Act of 2008 ( Public Law 110–246 ; 122 Stat. 1844), is repealed. 603. Effective date (a) In general Except as otherwise provided and except as provided by subsection (b) or (c), the amendments made by this Act apply to countervailing duty investigations initiated under subtitle A of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ), antidumping duty investigations initiated under subtitle B of title VII of such Act ( 19 U.S.C. 1673 et seq. ), reviews initiated under subtitle C of title VII of such Act ( 19 U.S.C. 1675 et seq. ), circumvention inquiries requested under section 781 of such Act ( 19 U.S.C. 1677j ), class or kind determinations under section 303 of this Act, claims of evasion of antidumping and countervailing duty orders initiated under the Tariff Act of 1930, and claims of evasion of safeguard actions initiated under the Tariff Act of 1930 on or after the date of the enactment of this Act. (b) Applicability (1) In general The amendments made by this Act apply to— (A) investigations or reviews under title VII of the Tariff Act of 1930 pending on the date of the enactment of this Act if the date on which the fully extended preliminary determination is scheduled is not earlier than 45 days after such date of enactment, except that section 784 of the Tariff Act of 1930, as added by section 103 of this Act, shall not apply to investigations under title VII of the Tariff Act of 1930 that are pending on such date of enactment; (B) circumvention inquiries under section 781 of the Tariff Act of 1930 pending on such date of enactment, if the date of publication of the initiation of the inquiry is not earlier than 45 days before such date of enactment; and (C) circumvention inquiries requested under such section 781 but not initiated before such date of enactment. (2) Deadlines for circumvention inquiries (A) Determinations In the case of a circumvention inquiry described in paragraph (1)(B), subsection (f)(4) of section 781 of the Tariff Act of 1930, as amended by section 301(a), shall be applied and administered— (i) in subparagraph (A)(i), by substituting the date of the enactment of the Eliminating Global Market Distortions to Protect American Jobs Act of 2021 for the date on which the initiation of a circumvention inquiry under paragraph (1) or (3)(A) is published ; and (ii) in subparagraph (C), by substituting the date of the enactment of the Eliminating Global Market Distortions to Protect American Jobs Act of 2021 for the filing of the inquiry request . (B) Actions with respect to inquiry requests In this case of a circumvention inquiry described in paragraph (1)(C), the administering authority (as defined in section 771(1) of the Tariff Act of 1930 ( 19 U.S.C. 1677(1) )) shall, not later than 45 days after the date of the enactment of this Act, take an action described in subsection (f)(3) of section 781 of the Tariff Act of 1930, as amended by section 301, with respect to the inquiry.