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.

January 9, 2003

Mrs. LINCOLN (for herself, Mr. BAYH, Mr. DURBIN, and Mr. HOLLINGS) introduced the following bill; which was read twice and referred to the Committee on Finance

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.

Be it enacted by the Senate and House of Representatives 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 2003'.

SEC. 2. EXPEDITED REMEDY WHERE PERSISTENT DUMPING IS PRESENT.

(a) CHANGE IN PERSISTENT DUMPING PROCEDURES- 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 INVESTIGATION- An expedited antidumping duty investigation 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 available to it, that imports of such class or kind of merchandise have increased materially from an additional supplier country, as defined in subparagraph (C), during any 90-day period or during a longer period as determined by the administering authority to be appropriate. The request shall allege and present supporting information that such imports are occurring. The administering authority, in making a determination under this subparagraph, shall consider 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 administering authority shall consider imports of merchandise from an additional supplier country to have increased materially if such imports have increased by 15 percent or more over the amount of such imports during a period of comparable duration preceding initiation of the antidumping investigation of imports of merchandise subject to the existing antidumping order.'; and

(3) by striking subparagraph (D) and inserting the following:

`(D) PROCEDURES AND INJURY DETERMINATIONS FOR EXPEDITED INVESTIGATIONS-

`(i) Except as provided in this subparagraph, 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.

`(ii) The administering authority shall issue a preliminary determination within 90 days of receiving a request for an investigation under subparagraph (A).

`(iii)(I) Not later than 45 days after the date on which the request under subparagraph (A) is received by the administering authority, the Commission shall determine if there is a reasonable indication of material injury or threat of material injury as prescribed in section 733(a)(1).

`(II) The Commission shall make a determination under this clause from reasonably available information (including the public record of its investigation of imports of merchandise subject to the existing antidumping order).

`(iv) If the Commission makes an affirmative determination that there is a reasonable indication of material injury and the administering authority makes an affirmative final determination, the Commission shall make a final determination under section 735(b)(1) before the later of--

`(I) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under clause (ii); or

`(II) the 45th day after the day on which the administering authority makes its affirmative final determination under section 735(a).

`(v) An affirmative final determination shall not be made unless the Commission determines pursuant to the factors described in sections 735(b)(1) and 771(7) that an industry in the United States is materially injured, or threatened with material injury, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible.'.

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 subparagraph (A);

(2) by striking the period at the end of subparagraph (B) and inserting a comma; and

(3) by adding at the end the following new subparagraphs:

`(C) an amount equal to the dumping margin calculated under section 771(35)(A), unless the producer or exporter is able to demonstrate that the importer was in no way reimbursed 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 amendments made by this Act shall apply with respect to goods from Canada and Mexico.

END