[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1548 Introduced in House (IH)]
<DOC>
119th CONGRESS
1st Session
H. R. 1548
To amend the Tariff Act of 1930 to improve the administration of
antidumping and countervailing duty laws, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 24, 2025
Ms. Van Duyne (for herself, Ms. Sewell, Mrs. Miller of West Virginia,
Mr. Moolenaar, Mr. Krishnamoorthi, Mr. Bost, Mr. Crawford, Mr. Rogers
of Alabama, Mr. Balderson, Mr. Bergman, Mr. Carson, Mr. Ciscomani, Ms.
De La Cruz, Mr. Deluzio, Mrs. Dingell, Mr. Edwards, Mr. Finstad, Mrs.
Hinson, Ms. Houlahan, Mr. Johnson of Georgia, Ms. Kelly of Illinois,
Mr. Khanna, Mr. McGarvey, Mr. Moore of North Carolina, Mr. Mrvan, Mr.
Nehls, Mr. Rulli, Ms. Scholten, Mrs. Sykes, Ms. Titus, and Mr. Veasey)
introduced the following bill; which was referred to the Committee on
Ways and Means
_______________________________________________________________________
A BILL
To amend the Tariff Act of 1930 to improve the administration of
antidumping and countervailing duty laws, 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. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Leveling the
Playing Field 2.0 Act''.
(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 normal value to account for
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 merchandise covered by
antidumping and countervailing duty
proceedings.
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. Effective date.
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.
(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, including
whether the imports are likely
to lead to the continuation or
recurrence of material injury
determined by the Commission in
any concurrent investigation or
recently completed
investigation; and
``(cc) 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
consider 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 paragraph (7)(E) and sections 702(f), 732(f), and
784:
``(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 class or kind
of merchandise that are the same or similar to imports
of a class or kind of merchandise 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 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).''.
SEC. 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 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 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 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 are or have been the subject of a
concurrent investigation or recently completed
investigation.''.
SEC. 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:
``SEC. 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) upon receipt of an allegation by the
petitioner pursuant to section 703(e), shall make a
determination under section 703(e) with respect to the
investigation;
``(D) shall issue a final determination under
section 705(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(E) 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) upon receipt of an allegation by the
petitioner pursuant to section 733(e), shall make a
determination under section 733(e) with respect to the
investigation;
``(D) shall issue a final determination under
section 735(a) not later than 75 days after issuing the
preliminary determination under subparagraph (A); and
``(E) may extend the date of the final
determination under section 735(a)(2) if requested by
the petitioner.''.
(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.''.
TITLE II--RESPONDING TO MARKET DISTORTIONS
SEC. 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 ``Treatment of
International Consortia'' and inserting ``Cumulation of Cross-
Border Subsidies'';
(2) by striking ``For purposes'' and inserting the
following:
``(1) International consortia and multinational
corporations.--For purposes'';
(3) in paragraph (1), as designated by paragraph (2)--
(A) 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
(B) by inserting after ``the international
consortium'' the following: ``or multinational
corporation''; 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 by a government
of a third country or any public entity within the
territory of a third country with respect to the
manufacture, production, or export of a class or kind
of merchandise that is produced, exported, or sold (or
likely to be sold) for importation into the United
States from the territory of the subject country, and
the government of the subject country or any public
entity within the territory of the subject 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
country or a public entity within the territory of the
subject 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 country.
``(B) Application.--This paragraph shall be applied
in a manner consistent with the international
obligations of the United States.''.
(b) Definitions.--Section 771 of the Tariff Act of 1930 (19 U.S.C.
1677) is amended--
(1) in paragraph (5A), by inserting after subparagraph (D)
the following:
``(E) Transnational subsidy.--In determining
whether a transnational subsidy is a specific subsidy,
in law or in fact, the administering authority shall
examine the situation in the subject country based on
subparagraphs (B), (C), and