Unfair Foreign Competition Act of 1985

openUnited States· United States Congress· EN

Introduced

18 September 1985

Last action

1 August 1986 · Committee

Status

Placed on Senate Legislative Calendar under General Orders. Calendar No. 769.

Summary

Unfair Foreign Competition Act of 1985 - Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends such antidumping provision of the Unfair Competition Act of 1916 to allow any person who is injured in her or his property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or related importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; and (2) such sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. (Currently, the cause of such an action is predicated on the intent of the importer to injure or prevent the establishment of U.S. industry or to monopolize trade.) Restricts the court jurisdiction of such an action to the district court of the District of Columbia or the Court of International Trade. Entitles a prevailing plaintiff in such an action to appropriate equitable relief or, if such relief is inadequate, to compensatory damages, and legal expenses (currently, treble damages and legal expenses). Declares that the standard of proof in such an action is a preponderance of the evidence. Places the burden of proof for rebutting a prima facie case on the defendant. Includes within the meaning of prima facie case a finding by the International Trade Commission (ITC) that dumping exists. Authorizes the court to: (1) issue subpoenas to be enforced in any judicial district; (2) enjoin importation of articles allegedly dumped pending the defendant's compliance with any court order; (3) review, in camera, confidential or privileged material; (4) accept material under seal; and (5) disclose such material. Requires expedited treatment of such actions. Sets a four-year statute of limitations for actions under this Act. Requires the foreign market value or constructed value of an article to include the amount of any subsidy provided to the manufacturer, producer, or exporter of the article. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade. Allows any person who is injured in his or her business or property by the fraudulent, grossly negligent, or negligent entry or introduction of merchandise into U.S. commerce to bring a civil action in the district court of the District of Columbia or the Court of International Trade, without respect to the amount in controversy. Entitles a person prevailing in such an action to appropriate equitable relief or, if such relief is inadequate, compensatory damages, and legal expenses. Permits the United States to intervene in an action under this Act as a matter of right. Subjects any court order under this Act to nullification by the President pursuant to authority under the International Emergency Economic Powers Act.

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Timeline

18 September 1985
Introduced
Introduced in Senate
Source: IntroReferral
18 September 1985
Introduced
Read twice and referred to the Committee on Judiciary.
Source: IntroReferral
26 September 1985
Committee
Committee on Judiciary requested executive comment from Federal Trade Commission, Commerce Department, Treasury Department, Justice Department, Administrative Office of the United States Courts.
Source: Committee
18 October 1985
Committee
Committee on Judiciary received executive comment from Federal Trade Commission.
Source: Committee
20 November 1985
Committee
Committee on Judiciary. Hearings held.
Source: Committee
11 December 1985
Committee
Committee on Judiciary received executive comment from Department of Commerce.
Source: Committee
4 February 1986
Committee
Committee on Judiciary received executive comment from Department of Justice.
Source: Committee
12 February 1986
Committee
Committee on Judiciary received executive comment from Department of the Treasury.
Source: Committee
18 February 1986
Committee
Committee on Judiciary received executive comment from Office of the United States Trade Representative.
Source: Committee
20 March 1986
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 561.
Source: Calendars
20 March 1986
Reported
Committee on Judiciary. Ordered to be reported without amendment favorably.
Source: Committee
20 March 1986
Reported
Committee on Judiciary. Reported to Senate by Senator Thurmond without amendment. Without written report.
Source: Committee
13 May 1986
Floor
By Senator Thurmond from Committee on Judiciary filed written report. Report No. 99-295.
Source: Floor
13 May 1986
Committee
By Senator Thurmond from Committee on Judiciary filed written report. Report No. 99-295.
Source: Committee
20 June 1986
Introduced
Referred to the Committee on Finance by unanimous consent for a period not to extend beyond August 1, 1986; Provided that any amendments reported by the Committee on Finance relating to the subject matter of the bill shall be in order.
Source: IntroReferral
18 July 1986
Committee
Subcommittee on International Trade. Hearings held.
Source: Committee
1 August 1986
Calendars
Placed on Senate Legislative Calendar under General Orders. Calendar No. 769.
Source: Calendars
1 August 1986
Discharge
Senate Committee on Finance discharged. Pursuant to the order of June 20, 1986.
Source: Discharge
1 August 1986
Committee
Senate Committee on Finance discharged. Pursuant to the order of June 20, 1986.
Source: Committee

Votes

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Documents

1 official file

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Introduced in Senate
summary · EN · 18 September 1985
Open at official source

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Sources

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Official source: https://www.congress.gov/bill/99th-congress/senate-bill/1655
Open data entity: https://api.congress.gov/v3/bill/99/s/1655
us · 99-s-1655 · source updated 10 August 2026