[112th Congress Public Law 99]
[From the U.S. Government Printing Office]
[[Page 126 STAT. 265]]
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. <<NOTE: Mar. 13,
2012 - [H.R. 4105]>>
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 merchandise
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
merchandise 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) <<NOTE: 19 USC 1671 note.>> 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
Protection; and
(3) all civil actions, criminal proceedings, and other
proceedings 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 PROCEEDINGS
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:
[[Page 126 STAT. 266]]
``(f) Adjustment of Antidumping Duty in Certain Proceedings Relating
to Imports From Nonmarket Economy Countries.--
``(1) In general.--If the administering authority
determines, 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
demonstrated 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
estimate 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
paragraph (2), reduce the antidumping duty by the amount of the
increase in the weighted average dumping margin estimated 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) <<NOTE: Applicability. 19 USC 1677f-1 note.>> 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
[[Page 126 STAT. 267]]
issued under subsection (b)(2) of that section on or after the
date of the enactment of this Act.
Approved March 13, 2012.
LEGISLATIVE HISTORY--H.R. 4105 (S. 2153):
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CONGRESSIONAL RECORD, Vol. 158 (2012):
Mar. 6, considered and passed House.
Mar. 7, considered and passed Senate.
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