A bill to amend the Unfair Competition Act of 1916 and Clayton Act to provide for private enforcement of the Unfair Competition statute in the event of unfair foreign competition, and to amend title 38 of the United States Code to provide for private enforcement of the Customs fraud statute.

Summary

Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends 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; (2) the foreign country is providing (directly or indirectly) a subsidy with respect to the manufacture, production, or exportation of such article; and (3) 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 for 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 administering authority and 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. 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 for 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. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.

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Documents

2 official files

• Introduced in Senate (text)

  Introduced in Senate · EN

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 25 January 1989

  Open at official source

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