To apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket economy countries, and for other purposes.
PL 112-99 (H.R.4105), enacted 03/13/2012

126 STAT. 265 
PUBLIC LAW 112–99—MAR. 13, 2012 
Public Law 112–99 
112th Congress 
An Act 
To apply the countervailing duty provisions of the Tariff Act of 1930 to nonmarket 
economy countries, and for other purposes. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. APPLICATION OF COUNTERVAILING DUTY PROVISIONS TO 
NONMARKET ECONOMY COUNTRIES. 
(a) IN GENERAL.—Section 701 of the Tariff Act of 1930 (19 
U.S.C. 1671) is amended by adding at the end the following: 
‘‘(f) APPLICABILITY
TO PROCEEDINGS INVOLVING NONMARKET 
ECONOMY COUNTRIES.— 
‘‘(1) IN GENERAL.—Except as provided in paragraph (2), 
the merchandise on which countervailing duties shall be 
imposed under subsection (a) includes a class or kind of mer-
chandise imported, or sold (or likely to be sold) for importation, 
into the United States from a nonmarket economy country. 
‘‘(2) EXCEPTION.—A countervailing duty is not required to 
be imposed under subsection (a) on a class or kind of merchan-
dise imported, or sold (or likely to be sold) for importation, 
into the United States from a nonmarket economy country 
if the administering authority is unable to identify and measure 
subsidies provided by the government of the nonmarket 
economy country or a public entity within the territory of 
the nonmarket economy country because the economy of that 
country is essentially comprised of a single entity.’’. 
(b) EFFECTIVE DATE.—Subsection (f) of section 701 of the Tariff 
Act of 1930, as added by subsection (a) of this section, applies 
to— 
(1) all proceedings initiated under subtitle A of title VII 
of that Act (19 U.S.C. 1671 et seq.) on or after November 
20, 2006; 
(2) all resulting actions by U.S. Customs and Border Protec-
tion; and 
(3) all civil actions, criminal proceedings, and other pro-
ceedings before a Federal court relating to proceedings referred 
to in paragraph (1) or actions referred to in paragraph (2). 
SEC. 2. ADJUSTMENT OF ANTIDUMPING DUTY IN CERTAIN PRO-
CEEDINGS RELATING TO IMPORTS FROM NONMARKET 
ECONOMY COUNTRIES. 
(a) IN GENERAL.—Section 777A of the Tariff Act of 1930 (19 
U.S.C. 1677f–1) is amended by adding at the end the following: 
19 USC 1671 
note. 
Mar. 13, 2012 
[H.R. 4105] 
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126 STAT. 266 
PUBLIC LAW 112–99—MAR. 13, 2012 
‘‘(f) ADJUSTMENT
OF ANTIDUMPING DUTY
IN CERTAIN PRO-
CEEDINGS
RELATING
TO
IMPORTS
FROM
NONMARKET
ECONOMY 
COUNTRIES.— 
‘‘(1) IN
GENERAL.—If the administering authority deter-
mines, with respect to a class or kind of merchandise from 
a nonmarket economy country for which an antidumping duty 
is determined using normal value pursuant to section 773(c), 
that— 
‘‘(A) pursuant to section 701(a)(1), a countervailable 
subsidy (other than an export subsidy referred to in section 
772(c)(1)(C)) has been provided with respect to the class 
or kind of merchandise, 
‘‘(B) such countervailable subsidy has been dem-
onstrated to have reduced the average price of imports 
of the class or kind of merchandise during the relevant 
period, and 
‘‘(C) the administering authority can reasonably esti-
mate the extent to which the countervailable subsidy 
referred to in subparagraph (B), in combination with the 
use of normal value determined pursuant to section 773(c), 
has increased the weighted average dumping margin for 
the class or kind of merchandise, 
the administering authority shall, except as provided in para-
graph (2), reduce the antidumping duty by the amount of 
the increase in the weighted average dumping margin esti-
mated by the administering authority under subparagraph (C). 
‘‘(2) MAXIMUM
REDUCTION
IN
ANTIDUMPING
DUTY.—The 
administering authority may not reduce the antidumping duty 
applicable to a class or kind of merchandise from a nonmarket 
economy country under this subsection by more than the portion 
of the countervailing duty rate attributable to a countervailable 
subsidy that is provided with respect to the class or kind 
of merchandise and that meets the conditions described in 
subparagraphs (A), (B), and (C) of paragraph (1).’’. 
(b) EFFECTIVE DATE.—Subsection (f) of section 777A of the 
Tariff Act of 1930, as added by subsection (a) of this section, 
applies to— 
(1) all investigations and reviews initiated pursuant to 
title VII of that Act (19 U.S.C. 1671 et seq.) on or after the 
date of the enactment of this Act; and 
(2) subject to subsection (c) of section 129 of the Uruguay 
Round Agreements Act (19 U.S.C. 3538), all determinations 
Applicability. 
19 USC 1677f–1 
note. 
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126 STAT. 267 
PUBLIC LAW 112–99—MAR. 13, 2012 
LEGISLATIVE HISTORY—H.R. 4105 (S. 2153): 
CONGRESSIONAL RECORD, Vol. 158 (2012): 
Mar. 6, considered and passed House. 
Mar. 7, considered and passed Senate. 
issued under subsection (b)(2) of that section on or after the 
date of the enactment of this Act. 
Approved March 13, 2012. 
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