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United States · Bill · S

S. 502 (103rd)

A bill to amend the Tariff Act of 1930 to improve the antidumping and countervailing duty provisions, and for other purposes.

referredUnited States· United States Congress· EN

Introduced

4 March 1993

Last action

Status

Read twice and referred to the Committee on Finance.

Sponsors

Subjects

Discovery layer

Source updated

14 January 2025

Summary

(Sec. 1) Amends the Tariff Act of 1930 to revise content requirements with respect to countervailing and antidumping duty petitions and determinations. (Sec. 2) Revises certain provisions regarding ITC determination of material injury. (Sec. 3) Requires the International Trade Commission (ITC) and the administering authority not to consider certain factors when making a final determination with respect to the suspension or continuation of an antidumping duty investigation. (Sec. 4) Treats as subsidies any loans or loan guarantees by international development banks and the provision of capital and loans by a government for the expansion of production of an export. (Sec. 5) Requires the administering authority, among other things, when determining whether imported parts or components are circumventing an antidumping or countervailing duty order or finding, and whether to include such parts or components in such order or finding, to consider, among other things, the value and sources of supply of parts or components historically used in completion or assembly of the merchandise subject to such order. Authorizes the administering authority to include within the scope of such order or finding imported parts or components that are used in the completion or assembly of certain merchandise sold in the United States and subject to such order or finding, provided certain criteria are met, including that such merchandise is completed or assembled in the United States from parts or components supplied by the exporter or producer with respect to which such order or finding applies, from suppliers that have historically supplied the parts or components to that exporter or producer, or from any party in the exporting country supplying parts or components on behalf of such exporter or producer. Sets forth similar provisions for merchandise completed or assembled in other foreign countries. (Sec. 6) Requires the administering authority to decide that a competitive benefit has been bestowed when the price for the input product is lower than the price that the manufacturer of merchandise which is the subject of a countervailing duty proceeding would otherwise pay for the product in obtaining it from an unsubsidized seller (currently any seller) in an arms-length transaction. Sets forth specified factors to be considered in the determination of such price. (Sec. 7) Declares diversionary input dumping to occur when: (1) a manufacturer incorporates into merchandise under an antidumping duty investigation a component which is the product of another country and which is the subject of an antidumping duty order or an international agreement to eliminate the effect of injurious imports (if entered into after an affirmative preliminary determination); and (2) the manufacturer under investigation purchased such component at a price which is less than the foreign market value. Requires the administering authority to investigate whether such dumping is occurring whenever it has reasonable grounds to believe that: (1) it is occurring; (2) it has a significant effect on the cost of producing the merchandise under investigation; and (3) official Government or other reliable trade statistics indicate that subsequent to the imposition of an antidumping duty order or implementation of an international agreement regarding such imports, shipments of such imports to the United States have increased either in quantity or market share. (Sec. 8) Requires the administering authority, with respect to receiving a petition, to monitor a downstream product to determine whether it is similar in description and use to merchandise that has been subject to at least one or more (currently, at least two) suspended countervailing duty or antidumping duty investigations or orders. (Sec. 9) Declares that amendments made by this Act shall apply to Canadian goods imported into the United States.

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Documents

3 official files

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Sources

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