Trade Remedies Reform Act of 1984

Summary

Trade Remedies Reform Act of 1984 - Title I: Amendments to Countervailing Duty and Antidumping Duty Laws - Amends the Tariff act of 1930 (the Act) to state that: (1) the sale (or likelihood of sale) of certain imported merchandise is subject to the imposition of countervailing duties; and (2) specified references to the sale of foreign merchandise includes leasing arrangements of such merchandise. Reduces the time in which the administering authority may postpone making a preliminary determination with regard to whether a subsidy is being provided to imported merchandise. Changes notification requirements regarding postponements of such preliminary determinations (includes requiring the notification of Congress). Reduces the time in which the administering authority: (1) shall make a preliminary determination with regard to whether imported merchandise is being sold, or is likely to be sold, at less than fair value; and (2) may postpone making such a preliminary determination. Changes notification requirements regarding postponements of such preliminary determinations (includes requiring the notification of Congress). Provides that a countervailing or antidumping duty investigation may be terminated by the administering authority if such investigation was initiated by such administering authority. Prohibits the termination of such investigation by reason of any agreement to limit the volume of the import being investigated unless: (1) such agreement is offered by the country in which the subsidy practice is alleged to occur; and (2) the President determines that such agreement would not have a greater adverse effect on U.S. consumers than the imposition of countervailing or antidumping duties and accepts such agreement. Prohibits the termination of such investigation before a preliminary determination that the imported merchandise is being sold, or is likely to be sold, at less than fair market value. Eliminates as a basis for the suspension of a countervailing duty investigation by the administering authority, the offsetting of subsidies by exporters who import subsidized merchandise into the United States. Authorizes the administering authority to suspend a countervailing or antidumping duty investigation if the country in which the subsidy practice occurs agrees, or exporters of subsidized merchandise agree, to cease exports of such merchandise to the United States on the date on which the investigation is suspended. (Current law provides that exporters must agree to cease such exports of merchandise to the United States within six months after the date on which the investigation is suspended.) Provides that the administering authority may under extraordinary circumstances suspend a countervailing duty investigation upon the entering into force of a quantitative restriction agreement between the President and the country in which the subsidy practice is alleged to occur. Prohibits the administering authority with respect to the suspension of a countervailing duty investigation from accepting an agreement from a country or from exporters unless such agreement will eliminate the injurious effect of subsidized exports to the United States. Defines the term 'quantitative restriction agreement' to mean any agreement accepted by the President with the country in which the subsidy practice is alleged to occur that: (1) restricts the volume of subsidized imports into the United States; (2) will eliminate the injurious effect of such exports to the United States; and (3) would not have a greater adverse effect on U.S. consumers than the imposition of countervailing duties. Requires the President in determining whether there would be such an adverse effect to consult with consuming industries and producers of like merchandise. Prohibits the President from entering into a quantitative restriction agreement unless: (1) the President is satisfied that suspension of the countervailing duty investigation is in the public interest; and (2) effective monitoring of the agreement by the United States is practicable. Provides that if the administering authority determines that such an agreement accepted under the Act is being, or has been, violated, or no longer meets the requirements under the Act, then, on the date of publication of its determination, it shall, if it considers the violation to be intentional, notify the Commissioner of Customs. Includes in the definition of "subsidy" any export targeting subsidy, natural resource subsidy, and upstream subsidy as determined under the provisions of this Act. Defines the term "export targeting subsidy" and "natural resource subsidy". Sets forth the method of calculation for determining the level of an export targeting subsidy and a natural resource subsidy. Defines the term "fair market value" to mean the price that a willing buyer would pay a willing seller for a natural resource product in an arms-length transaction in the absence of government regulation. Requires the International Trade Commission (ITC), in making determinations under specified sections of the Act as to the volume and consequent impact of a possible material injury, to cumulatively assess the effect of imports from two or more countries of like products subject to investigation if: (1) the marketing of such imports in the United States is reasonably coincident; and (2) there is a reasonable indication that such imports will have a contributing effect in causing, or threatening to cause, material injury to the industry. Requires the ITC to consider specified factors with respect to its determination of whether there is a threat of material injury to U.S. markets by subsidized exports entering the United States. Requires the ITC, in determining whether there is a threat of material injury by reason of an export targeting subsidy, to consider: (1) the effect of the subsidy practices on the export competitiveness of the beneficiary of the subsidy; and (2) the extent to which such practices are likely to have a demonstrable adverse effect on the industry with regard to costs and availability of capital, outlays for research and development, and future investment. Includes in the term 'interested party' an association, a majority of whose members is composed of specified interested parties with respect to a like product. Defines an "upstream subsidy" as any action, as described in the Act, by a country that: (1) pays or bestows a subsidy upon merchandise under investigation that is manufactured in such country; (2) results in a price for such merchandise that is lower than its available price in such country; and (3) has a significant effect on the cost of manufacturing or producing such merchandise. Requires, in administering such definition, that the European Economic Community shall be treated as one country. Requires the administering authority to adjust the price of merchandise under investigation that is found to be upstream subsidized by the country that produced it. Requires the administering authority to include such upstream subsidy in any countervailing duty or antidumping duty that is imposed on such merchandise that has been found to have been bestowed a subsidy. Defines "downstream dumping" as occurring when a product that is used in the manufacture of merchandise under investigation is purchased at a price that is below its foreign market value. Requires the administering authority, when calculating the amount of a countervailing or antidumping duty due to downstream dumping, to include an amount equal to the difference between the foreign market value of the product and either: (1) the generally available price of the product in the country of manufacture; or (2) the price of the product if it had not been subsidized. Limits the scope of inquiry into upstream and downstream subsidies by the administering authority. Includes in the term "party-at- interest" an association composed of members of labor organizations and trade associations who produce a like product in the United States. Sets forth the method of calculating the foreign market value of merchandise produced by a country with a State-controlled economy. Requires the administering authority, in making such calculation, to determine the lowest free market price of like articles. Defines the term "lowest free-market price of like article" as the lowest average price of such merchandise, adjusted by certain factors. Requires the administering authority to verify information relied upon in making a revocation of a countervailing duty order or an antidumping duty order. Permits an officer or employee of the U.S. Customs Service who is involved in conducting an investigation regarding fraud under the Act to receive confidential information that has been submitted to the administering authority or the ITC with respect to such investigation. Requires the administering authority and the ITC with regard to information that has been requested to be kept confidential to provide that such confidential information be accompanied by specified summaries and statements. Allows the administering authority, for purposes of determining U.S. or foreign prices, to use averaging or recognized sampling techniques. Gives the administering authority the sole authority to select such techniques. Sets forth the procedure for judicial review of administering authority and ITC determinations. Adds to those determinations which are reviewable in the U.S. Court of International Trade the determination as to whether a particular type of imported merchandise is within the class of such merchandise described in a finding of dumping or in an antidumping or countervailing duty order. Sets forth the order of civil action cases before the U.S. Court of International Trade. Title II: Miscellaneous Provisions - Establishes within the ITC a Trade Remedy Assistance Office which shall provide specified information to the public upon request. Requires agencies administering a trade law to provide technical assistance to small businesses with regard to the filing of trade relief petitions. Requires the ITC to establish and implement a program to monitor the industrial policies of foreign countries in order to discover whether targeting subsidies are being planned or have been implemented. Requires the Secretary of Commerce to study the practices that are applied in making adjustments to purchase prices, exporter's sales prices, foreign market value, and constructed value in determining antidumping duties. Sets forth what shall be included in such study. Sets forth the effective dates of the amendments made by this Act.

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3 official files

• Passed House amended

  summary · EN · 26 July 1984

  Open at official source

• Reported to House with amendment(s)

  summary · EN · 1 May 1984

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• Introduced in House

  summary · EN · 8 February 1984

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