Unfair Foreign Competition Act of 1983

Summary

Unfair Foreign Competition Act of 1983 - Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws. Amends the antidumping provision 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 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 injur or prevent the establishment of U.S. industry or to monopolize trade.) Restricts the district court jurisdiction of such an action to the District of Columbia. Entitles a prevailing plaintiff in such an action to recover: (1) compensatory damages (currently, treble damages) or appropriate equitable relief; and (2) 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 district court to: (1) issue subpoenas outside its judicial district if necessary; (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.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

1. 3 February 1983

   Introduced

   Read twice and referred to the Committee on Judiciary.

   Source: IntroReferral

2. 3 February 1983

   Introduced

   Introduced in Senate

   Source: IntroReferral

3. 1 March 1983

   Committee

   Committee on Judiciary requested executive comment from Office of the U.S. Attorney General.

   Source: Committee

4. 21 March 1983

   Committee

   Committee on Judiciary. Hearings held. Hearings printed: S.Hrg. 98-806.

   Source: Committee

5. 18 April 1983

   Committee

   Committee on Judiciary received executive comment from Office of the U.S. Attorney General.

   Source: Committee

6. 21 April 1983

   Introduced

   Referred jointly to the Committees on Judiciary; Finance by unanimous consent.

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

No version snapshots stored. Document URLs remain at the source.

Documents

1 official file

• Introduced in Senate

  summary · EN · 3 February 1983

  Open at official source

Sponsors

• Sen. Specter, Arlen [R-PA] · R · Sponsor
• Sen. Cochran, Thad [R-MS] · R · Sponsor
• Sen. Byrd, Robert C. [D-WV] · D · Sponsor
• Sen. Heflin, Howell [D-AL] · D · Sponsor
• Sen. Garn, E. J. (Jake) [R-UT] · R · Sponsor
• Sen. Randolph, Jennings [D-WV] · D · Cosponsor
• · ssju00 · Standing
• · ssfi00 · Standing

Related records

• related to → Unfair Foreign Competition Act of 1983