A bill to amend the Unfair Competition Act and Clayton Act to provide for private enforcement of the Unfair Competition Act in the event of unfair foreign competition, and to amend title 28, United States Code, to provide for the enforcement of the customs fraud provisions.

Summary

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 his or her 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; or (2) the foreign country or person or organization of such country is providing (directly or indirectly) a subsidy with respect to the manufacture, production, or exportation of such article; and (3) the sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. 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 party to appropriate equitable relief, or if such relief is inadequate, to compensatory damages and legal expenses. Sets a four-year statute of limitations for actions under this Act. 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. 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 prevailing party to appropriate equitable relief or, if such relief is inadequate, compensatory damages and legal expenses. Permits the United States to intervene in such an action as a matter of right. Subjects any court order to nullification by the President. Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.

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Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 4 February 1993

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• Introduced in Senate (PDF)

  Introduced in Senate · EN · 4 February 1993

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• Introduced in Senate

  summary · EN · 4 February 1993

  Open at official source

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