,,ii  #aagth ,,congress  #ast ,session  
,s4 #aahg  ,,in ,,the ,,senate ,,of     
,,the ,,united ,,states  ,april #ae1    
#bjba ,mr4 ,brown 7for himself and ,mr4 
,portman7 introduced the following bill2
 which was read twice and referred to   
the ,committee on ,finance  ,a ,,bill   
,to amend the ,tariff ,act of #aicj to  
improve the administration of           
antidumping and countervailing duty     
laws1 and for other purposes4  #a4      
,short title2 table of contents  7a7    
,short title ,this ,act may be cited as 
the ,eliminating ,global ,market        
,distortions ,to ,protect ,american     
,jobs ,act of #bjba4  7b7 ,table of     
contents ,the table of contents for this
 ,act is as follows3  ,sec4 #a4 ,short  
title2 table of contents4 ,,title       
,i--,successive investigations ,sec4    
#aja4 ,establishment of special rules   
for determination of material injury in 
the case of successive antidumping and  
countervailing duty investigations4     
,sec4 #ajb4 ,initiation of successive   

antidumping and countervailing duty     
investigations4 ,sec4 #ajc4 ,issuance of
 determinations with respect to         
successive antidumping and              
countervailing duty investigations4     
,,title ,,ii--,responding to market     
distortions ,sec4 #bja4 ,addressing     
cross-border subsidies in countervailing
 duty investigations4 ,sec4 #bjb4       
,modification of definition of ordinary 
course of trade to specify that an      
insufficient quantity of foreign like   
products constitutes a situation outside
 the ordinary course of trade4 ,sec4    
#bjc4 ,modification of adjustments to   
export price and constructed export     
price with respect to duty drawback4    
,sec4 #bjd4 ,modification of            
determination of constructed value to   
include distortions of costs that occur 
in foreign countries4 ,sec4 #bje4       
,special rules for calculation of cost  
of production and constructed value to  
address distorted costs4 ,,title        
,,iii--,preventing circumvention ,sec4  

#cja4 ,modification of requirements in  
circumvention inquiries4 ,sec4 #cjb4    
,requirement of provision by importer of
 certification by importer or other     
party4 ,sec4 #cjc4 ,clarification of    
authority for ,department of ,commerce  
regarding merchandise covered by        
antidumping and countervailing duty     
proceedings4 ,sec4 #cjd4 ,asset         
requirements applicable to nonresident  
importers4 ,,title ,,iv--,countering    
currency undervaluation ,sec4 #dja4     
,investigation or review of currency    
undervaluation under countervailing duty
 law4 ,sec4 #djb4 ,determination of     
benefit with respect to currency        
undervaluation4 ,,title ,v--,general    
provisions ,sec4 #eja4 ,application to  
,canada and ,mexico4 ,sec4 #ejb4        
,effective date4  ,i ,successive        
investigations  #aja4 ,establishment of 
special rules for determination of      
material injury in the case of          
successive antidumping and              
countervailing duty investigations  7a7 

,in general ,section #gga7g7 of the     
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#afgg7g77 is amended-- 7#a7 by          
redesignating subparagraphs 7,e7 through
 7,j7 as subparagraphs 7,f7 through     
7,k71 respectively2  7#b7 in            
subparagraph 7,i71 as redesignated by   
paragraph 7#a7-- 7,a7 by striking       
subparagraph 7,g77ii7 and inserting     
subparagraph 7,h77ii72 and  7,b7 by     
striking subparagraph 7,f7 and inserting
 subparagraph 7,g72 and  7#c7 by        
inserting after subparagraph 7,d7 the   
following3  7,e7 ,special rules for     
successive investigations  7i7 ,in      
general  7,i7 ,evaluation of impact on  
domestic industry ,in evaluating the    
impact of imports of the merchandise on 
producers of domestic like products     
under subparagraph 7,c77iii71 the       
,commission shall-- 7aa7 assess the     
condition of the domestic industry as   
found in a recently completed           
investigation2  7bb7 assess the effect  
of a concurrent investigation or        

recently completed investigation on     
trade and the financial performance of  
the domestic industry1 including whether
 the imports are likely to lead to the  
continuation or recurrence of material  
injury determined by the ,commission in 
any concurrent investigation or recently
 completed investigation2 and  7cc7 take
 into account and include in the record 
any prior injury determinations by the  
,commission with respect to imports of  
the merchandise1 including the volume1  
price effect1 and impact of those       
imports on the domestic industry as     
determined in a concurrent investigation
 or recently completed investigation4   
7,,ii7 ,effect of recent improvement on 
material injury determination ,for the  
purposes of this subparagraph1 the      
,commission may not find that there is  
no material injury or threat of material
 injury to a domestic industry based on 
recent improvements in the industry's   
performance1 such as an increase in     
sales1 market share1 or profitability of

 domestic producers1 that are related to
 relief granted pursuant to a concurrent
 investigation or recently completed    
investigation4  7ii7 ,retroactive       
application of final determination  7,i7
 ,in general ,in making any finding     
under section #gje7;b77#d77;,a7 or      
#gce7;b77#d77;,a7 in a successive       
investigation1 the ,commission shall    
consider whether a concurrent           
investigation or recently completed     
investigation contributes to the        
likelihood that the remedial effect of  
the countervailing duty order to be     
issued under section #gjf or the        
antidumping duty order to be issued     
under section #gcf will be seriously    
undermined4  7,,ii7 ,burden of          
persuasion ,the respondent in a         
successive investigation shall have the 
burden of persuasion with respect to    
whether-- 7aa7 imports subject to an    
affirmative determination under         
subsection 7a7 of section #gje have not 
met the standard for retroactive        

application under subsection            
7b77#d77;,a7 of that section2 or  7bb7  
imports subject to an affirmative       
determination under subsection 7a7 of   
section #gce have not met the standard  
for retroactive application under       
subsection 7b77#d77;,a7 of that section4
  4  7b7 ,definitions ,section #gga of  
the ,tariff ,act of #aicj 7#ai ,u4,s4,c4
 #afgg7 is amended by adding at the end 
the following3  7#cg7 ,treatment of     
successive investigations ,for purposes 
of sections #gjb7;f71 #gcb7;f71         
#gga7g77;,e71 and #ghd3 7,a7 ,concurrent
 investigation ,the term concurrent     
investigation means an ongoing          
investigation in which an affirmative   
determination under section #gjc7;a7 or 
#gcc7;a7 has been made by the           
,commission with respect to imports of a
 class or kind of merchandise that are  
the same or similar to imports of a     
class or kind of merchandise from       
another country that are the subject of 
a successive investigation4  7,b7       

,recently completed investigation ,the  
term recently completed investigation   
means a completed investigation in which
 an affirmative determination under     
section #gje7;b7 or #gce7;b7 was issued 
by the ,commission with respect to      
imports of a class or kind of           
merchandise that are the same or similar
 to imports of a class or kind of       
merchandise from another country that   
are the subject of a successive         
investigation not more than #b years    
before the date of initiation of the    
successive investigation4  7,c7         
,successive investigation ,the term     
successive investigation means an       
investigation that has been initiated by
 the administering authority following a
 petition filed pursuant to section     
#gjb7;f7 or #gcb7;f74  4  #ajb4         
,initiation of successive antidumping   
and countervailing duty investigations  
7a7 ,countervailing duty investigation  
,section #gjb of the ,tariff ,act of    
#aicj 7#ai ,u4,s4,c4 #afga;a7 is amended

 by adding at the end the following3    
7f7 ,initiation by administering        
authority of successive countervailing  
duty investigation ,a successive        
investigation shall be initiated--  7#a7
 under subsection 7a71 if-- 7,a7 the    
requirements under that subsection are  
met with respect to imports of a class  
or kind of merchandise2 and  7,b7       
imports of the same or similar class or 
kind of merchandise are or have been the
 subject of a concurrent investigation  
or recently completed investigation2 or 
7#b7 under subsection 7b71 if--  7,a7   
the determinations under clauses 7i7 and
 7ii7 of subsection 7c77#a77;,a7 are    
affirmative with respect to imports of a
 class or kind of merchandise2 and  7,b7
 imports of the same or similar class or
 kind of merchandise are or have been   
the subject of a concurrent             
investigation or recently completed     
investigation4  4  7b7 ,antidumping duty
 investigation ,section #gcb of the     
,tariff ,act of #aicj 7#ai ,u4,s4,c4    

#afgc;a7 is amended by adding at the end
 the following3  7f7 ,initiation by     
administering authority of successive   
antidumping duty investigation ,a       
successive investigation shall be       
initiated--  7#a7 under subsection 7a71 
if-- 7,a7 the requirements under that   
subsection are met with respect to      
imports of a class or kind of           
merchandise2 and  7,b7 imports of the   
same or similar class or kind of        
merchandise are or have been the subject
 of a concurrent investigation or       
recently completed investigation2 or    
7#b7 under subsection 7b71 if--  7,a7   
the determinations under clauses 7i7 and
 7ii7 of subsection 7c77#a77;,a7 are    
affirmative with respect to imports of a
 class or kind of merchandise2 and  7,b7
 imports of the same or similar class or
 kind of merchandise are or have been   
the subject of a concurrent             
investigation or recently completed     
investigation4  4  #ajc4 ,issuance of   
determinations with respect to          

successive antidumping and              
countervailing duty investigations  7a7 
,in general ,subtitle ,d of title ,,vii 
of the ,tariff ,act of #aicj 7#ai       
,u4,s4,c4 #afgg et seq47 is amended by  
adding at the end the following3  #ghd4 
,determinations relating to successive  
investigations  7a7 ,in general         
,notwithstanding any other provision of 
this title1 the administering           
authority--  7#a7 with respect to a     
successive investigation under section  
#gjb7;f7-- 7,a7 shall issue a           
preliminary determination under section 
#gjc7;b7 not later than #he days after  
initiating the investigation2  7,b7 may 
not postpone under section #gjc7;c7 such
 deadline for the issuance of a         
preliminary determination unless        
requested by the petitioner2  7,c7 shall
 obtain the information required for a  
determination under section #gjc7;e72   
7,d7 shall make a determination under   
section #gjc7;e7 with respect to the    
investigation2  7,e7 shall issue a final

 determination under section #gje7;a7   
not later than #ge days after issuing   
the preliminary determination under     
subparagraph 7,a72 and  7,f7 shall      
extend the date of the final            
determination under section #gje7;a7 if 
requested by the petitioner2 and  7#b7  
with respect to a successive            
investigation under section #gcb7;f7--  
7,a7 shall issue a preliminary          
determination under section #gcc7;b7 not
 later than #he days after initiating   
the investigation2  7,b7 may not        
postpone under section #gcc7;c7 such    
deadline for the issuance of a          
preliminary determination unless        
requested by the petitioner2  7,c7 shall
 obtain the information required for a  
determination under section #gcc7;e72   
7,d7 shall make a determination under   
section #gcc7;e7 with respect to the    
investigation2  7,e7 shall issue a final
 determination under section #gce7;a7   
not later than #ge days after issuing   
the preliminary determination under     

subparagraph 7,a72 and  7,f7 may extend 
the date of the final determination     
under section #gce7;a77#b74  4  7b7     
,clerical amendment ,the table of       
contents for the ,tariff ,act of #aicj  
is amended by inserting after the item  
relating to section #ghc the following3 
,sec4 #ghd4 ,determinations relating to 
successive investigations4  4  ,,ii     
,responding to market distortions  #bja4
 ,addressing cross-border subsidies in  
countervailing duty investigations  7a7 
,definitions  7#a7 ,countervailable     
subsidy ,section #gga of the ,tariff    
,act of #aicj 7#ai ,u4,s4,c4 #afgg7 is  
amended--  7,a7 in paragraph 7#e77;,b7--
 7i7 in clause 7i71 by inserting after  
financial contribution the following3 or
 allows1 explicitly or otherwise1       
another authority to provide a financial
 contribution2 and  7ii7 in the flush   
text after clause 7iii71 by striking the
 country and inserting a country2 and   
7,b7 in paragraph 7#i7--  7i7 in        
subparagraph 7,b71 by inserting after is

 exported the following3 or the         
authority 7as defined in paragraph      
7#e77;,b77 alleged to have provided     
subsidies to a producer of an input of  
such merchandise2  7ii7 in subparagraph 
7,f71 by striking 1 and and inserting a 
semicolon2  7iii7 in subparagraph 7,g71 
in the flush text after clause 7iii71 by
 striking the period at the end and     
inserting 1 and2 and  7iv7 by adding at 
the end the following3  7,h7 in any     
investigation or administrative review  
under this title involving an allegation
 that a subsidy is provided by an       
authority 7as defined in paragraph      
7#e77;,b77 within the territory of a    
country other than the country in which 
the subject merchandise is produced1 a  
foreign manufacturer1 producer1 or      
exporter of an input used in the        
production of the merchandise4  4  7#b7 
,upstream subsidy ,section              
#gga;,a7a77#a7 of the ,tariff ,act of   
#aicj 7#ai ,u4,s4,c4 #afgg-a7;a77#a77 is
 amended by striking in the same country

 as the authority4  7b7 ,initiation of  
investigations ,section                 
#gjb7;b77#d77;,a77i7 of the ,tariff ,act
 of #aicj 7#ai ,u4,s4,c4                
#afga;a7b77#d77;,a77i77 is amended by   
inserting after named in the petition   
the following3 7or1 in the case of a    
petition containing an allegation that a
 subsidy is provided by an authority 7as
 defined in section #gga7e77;,b77 within
 the territory of a country other than  
the country in which the subject        
merchandise is produced1 the authority  
alleged to have provided the subsidy74  
#bjb4 ,modification of definition of    
ordinary course of trade to specify that
 an insufficient quantity of foreign    
like products constitutes a situation   
outside the ordinary course of trade    
,section #gga7ae7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afgg7ae77 is     
amended by adding at the end the        
following3  7,d7 ,situations in which   
the quantity of a foreign like product  
selected for comparison under section   

#gga7af7 is insufficient to establish a 
proper comparison to the export price or
 constructed export price4  4  #bjc4    
,modification of adjustments to export  
price and constructed export price with 
respect to duty drawback ,section       
#ggb7;c77#a77;,b7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4                   
#afgg;a7c77#a77;,b77 is amended--  7#a7 
by striking any2 and  7#b7 by inserting 
after ,united ,states the following3 1  
but that amount shall not exceed the per
 unit amount of such duties contained in
 the weighted average cost of           
production4  #bjd4 ,modification of     
determination of constructed value to   
include distortions of costs that occur 
in foreign countries  7a7 ,in general   
,section #ggc7;b77#c7 of the ,tariff    
,act of #aicj 7#ai ,u4,s4,c4            
#afgg;b7b77#c77 is amended-- 7#a7 in    
subparagraph 7,a71 by striking business 
and inserting trade2 and  7#b7 in the   
flush text after subparagraph 7,c71 by  
inserting before ,for purposes the      

following3 ,for purposes of subparagraph
 7,a71 if a particular market situation 
exists such that the cost of materials  
and fabrication or other processing of  
any kind does not accurately reflect the
 cost of production in the ordinary     
course of trade1 the administering      
authority may use another calculation   
methodology under this subtitle or any  
other calculation methodology44  7b7    
,modification of definition of ordinary 
course of trade ,to include adjusted    
costs ,section #gga7ae77;,c7 of the     
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#afgg7ae77;,c77 is amended--  7#a7 by   
striking that the particular market     
situation prevents and inserting 8that a
 particular market situation exists     
that--  7i7 prevents  2  7#b7 in clause 
7i71 as designated by paragraph 7#a71 by
 striking the period at the end and     
inserting 1 relating to normal value    
determined under subsection 7a7 of      
section #ggc2 or2 and  7#c7 by adding at
 the end the following3  7ii7 distorts  

certain costs of production1 relating to
 normal value determined under          
subsections 7b7 and 7e7 of section #ggc4
  4  #bje4 ,special rules for           
calculation of cost of production and   
constructed value to address distorted  
costs  7a7 ,in general ,section         
#ggc7;f77#b7 of the ,tariff ,act of     
#aicj 7#ai ,u4,s4,c4 #afgg;b7f77#b77 is 
amended--  7#a7 by striking ,a          
transaction and inserting the following3
  7,a7 ,in general ,a transaction  2 and
  7#b7 by adding at the end the         
following3  7,b7 ,transactions with     
certain entities  7i7 ,in general ,if an
 input for subject merchandise is       
produced by or acquired from a person or
 entity described in clause 7iii71 the  
administering authority shall disregard 
such production or acquisition as       
outside the ordinary course of trade4   
7ii7 ,determination of amount ,if the   
production or acquisition of an input is
 disregarded under clause 7i7 and no    
other transactions are available for    

consideration1 the determination of the 
amount to be used to value the input    
shall be based on the information       
available with respect to what the      
amount would have been but for the      
participation of the person or entity   
described in clause 7iii7 in the market 
for the input or based on any other     
calculation methodology4  7iii7 ,persons
 and entities described ,a person or    
entity described in this clause is--    
7,i7 any person in a nonmarket economy  
country2  7,,ii7 any person found to be 
receiving a subsidy2  7,,iii7 any person
 found to have sold the input referred  
to in clause 7i7 for less than fair     
market value into the exporting country 
or any other country2  7,,iv7 an        
authority 7as defined in section        
#gga7e77;,b77 within the territory of   
the exporting country or any other      
country2 or  7,v7 a group of authorities
 described in subclause 7,,iv7 that     
collectively account for a meaningful   
share of the production of the input4  4

  ,,iii ,preventing circumvention  #cja4
 ,modification of requirements in       
circumvention inquiries  7a7 ,in general
 ,section #gha of the ,tariff ,act of   
#aicj 7#ai ,u4,s4,c4 #afgg;j7 is amended
 by striking subsection 7f7 and         
inserting the following3  7f7           
,procedures for conducting circumvention
 inquiries  7#a7 ,initiation by         
administering authority ,a circumvention
 inquiry shall be initiated whenever the
 administering authority determines1    
from information available to it1 that a
 formal inquiry is warranted into the   
question of whether the elements        
necessary for a determination under this
 section exist4  7#b7 ,initiation by    
inquiry request  7,a7 ,in general ,a    
circumvention inquiry shall be initiated
 whenever an interested party files an  
inquiry request that alleges the        
elements necessary for a determination  
under this section1 accompanied by      
information reasonably available to the 
requestor supporting those allegations4 

7,b7 ,rules ,the administering authority
 shall specify requirements for the     
contents and service of an inquiry      
request under subparagraph 7,a74  7,c7  
,acceptance of communications ,the      
administering authority shall not accept
 any unsolicited oral or written        
communication from any person other than
 the interested party filing an inquiry 
request before the administering        
authority decides whether to initiate an
 inquiry1 except for communications     
regarding the status of the             
consideration of the inquiry request4   
7#c7 ,action with respect to inquiry    
request ,not later than #bj days after  
the filing of an inquiry request under  
paragraph 7#b77;,a71 the administering  
authority shall-- 7,a7 initiate a       
circumvention inquiry2  7,b7 dismiss the
 inquiry request as inadequate and      
notify the requestor in writing of the  
reasons for the dismissal2 or  7,c7     
notify all interested parties that the  
inquiry request will be addressed       

through a determination 7other than a   
determination under this section7 by the
 administering authority as to whether a
 particular type of merchandise is      
within the class or kind of merchandise 
described in an existing finding of     
dumping or an antidumping or            
countervailing duty order4  7#d7        
,determinations  7,a7 ,preliminary      
determinations  7i7 ,in general ,except 
as provided in clause 7ii71 not later   
than #ij days after the date on which   
the administering authority initiates a 
circumvention inquiry under paragraph   
7#a7 or 7#c77;,a71 the administering    
authority shall make a preliminary      
determination1 based on the information 
available to it at the time of the      
determination1 of whether there is a    
reasonable basis to believe or suspect  
that the merchandise subject to the     
inquiry is circumventing an existing    
finding of dumping or an antidumping or 
countervailing duty order4  7ii7        
,extension ,the administering authority 

may extend the deadline under clause 7i7
 by a period not to exceed #de days4    
7,b7 ,final determinations  7i7 ,in     
general ,except as provided in clause   
7ii71 not later than #abj days after    
issuing a preliminary determination     
under subparagraph 7,a7 with respect to 
a circumvention inquiry1 the            
administering authority shall make a    
final determination of whether the      
merchandise subject to the inquiry is   
circumventing an existing finding of    
dumping or an antidumping or            
countervailing duty order4  7ii7        
,extension ,the administering authority 
may extend the deadline under clause 7i7
 by a period not to exceed #fj days4    
7,c7 ,other class or kind determinations
 ,if an inquiry request under paragraph 
7#b77;,a7 is addressed through a class  
or kind determination described in      
paragraph 7#c77;,c71 the administering  
authority shall make such determination 
not later than #cce days after the      
filing of the inquiry request4  7#e7    

,rule of construction ,nothing in this  
section shall be construed to prevent   
the administering authority from        
simultaneously initiating a             
circumvention inquiry under paragraph   
7#a7 or 7#c77;,a7 and issuing a         
preliminary ruling under paragraph      
7#d77;,a74  4  7b7 ,suspension of       
liquidation and collection of deposits  
of entries subject to circumvention     
inquiry ,section #gha of the ,tariff    
,act of #aicj is further amended by     
adding at the end the following3  7g7   
,suspension of liquidation and          
collection of deposits of entries       
subject to circumvention inquiry  7#a7  
,in general ,if the administering       
authority initiates a circumvention     
inquiry under paragraph 7#a7 or         
7#c77;,a7 of subsection 7f71 the        
administering authority shall order--   
7,a7 the suspension1 or continued       
suspension1 of liquidation of all       
entries of merchandise subject to the   
circumvention inquiry2 and  7,b7 the    

posting of a cash deposit1 at the       
prevailing all-others or country-wide   
rate1 for each entry of merchandise     
described in subparagraph 7,a74  7#b7   
,rule of construction ,nothing in this  
section shall be construed to prevent   
the administering authority from        
applying the requirements under this    
subsection in a class or kind           
determination described in subsection   
7f77#c77;,c74  4  7c7 ,country-,wide    
application of circumvention            
determination ,section #gha of the      
,tariff ,act of #aicj is further amended
 by adding at the end the following3    
7h7 ,country-,wide application of       
circumvention determination  7#a7 ,in   
general ,the administering authority    
shall apply a determination described in
 paragraph 7#b7 on a country-wide basis 
unless it determines that application of
 that determination to particular       
producers or exporters is appropriate4  
7#b7 ,determinations described ,a       
determination described in this         

paragraph is any of the following3  7,a7
 ,a determination under subsection 7a7  
with respect to merchandise completed or
 assembled in the ,united ,states4  7,b7
 ,a determination under subsection 7b7  
with respect to merchandise completed or
 assembled in a foreign country4  7,c7  
,a determination under subsection 7c7   
with respect to minor alteration of     
merchandise4  7,d7 ,a determination     
under subsection 7d7 with respect to    
later-developed merchandise4  4  7d7    
,publication in the ,federal ,register  
,section #ggg7;i7 of the ,tariff ,act of
 #aicj is amended by adding at the end  
the following3  7#d7 ,circumvention     
inquiries ,whenever the administering   
authority makes a determination under   
section #gha whether to initiate a      
circumvention inquiry or makes a        
preliminary or final determination under
 subsection 7f77#d7 of that section1 the
 administering authority shall publish  
the facts and conclusions supporting    
that determination and shall publish    

notice of that determination in the     
,federal ,register4  4  7e7 ,adding     
verification responses in circumvention 
inquiries ,section #ghb7;i7 of the      
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#afggm7i77 is amended-- 7#a7 in         
paragraph 7#b71 by striking and at the  
end2  7#b7 in paragraph 7#c77;,b71 by   
striking the period at the end and      
inserting 1 and2 and  7#c7 by adding at 
the end the following3  7#d7 a final    
determination in a circumvention inquiry
 conducted pursuant to section #gha4  4 
#cjb4 ,requirement of provision by      
importer of certification by importer or
 other party  7a7 ,in general ,subtitle 
,d of title ,,vii of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afgg et seq471 as
 amended by section #ajc7;a71 is further
 amended by adding at the end the       
following3  #ghe4 ,requirement for      
certification by importer or other party
  7a7 ,requirement  7#a7 ,in general    
,for imports of merchandise into the    
customs territory of the ,united        

,states1 the administering authority may
 require an importer or other party--   
7,a7 to provide a certification         
described in paragraph 7#b7 at the time 
of entry or with the entry summary2     
7,b7 to maintain that certification2 or 
7,c7 to otherwise demonstrate compliance
 with the requirements for that         
certification4  7#b7 ,certification     
described ,a certification described in 
this paragraph is a certification by the
 importer of the merchandise or other   
party1 as required by the administering 
authority1 including a certification    
that-- 7,a7 the merchandise is not      
subject to an antidumping or            
countervailing duty proceeding under    
this title2 and  7,b7 the inputs used in
 production1 transformation1 or         
processing of the merchandise are not   
subject to an antidumping or            
countervailing duty under this title4   
7#c7 ,available upon request ,a         
certification required by the           
administering authority under paragraph 

7#a71 if not already provided1 shall be 
made available upon request to the      
administering authority or the          
,commissioner of ,u4,s4 ,customs and    
,border ,protection 7in this section    
referred to as the ,commissioner74  7b7 
,authority ,to collect cash deposits and
 to assess duties  7#a7 ,in general ,if 
the administering authority requires an 
importer or other party to provide a    
certification described in paragraph    
7#b7 of subsection 7a7 for merchandise  
imported into the customs territory of  
the ,united ,states pursuant to         
paragraph 7#a7 of that subsection1 and  
the importer or other party does not    
provide that certification or that      
certification contains any false1       
misleading1 or fraudulent statement or  
representation or any material omission1
 the administering authority shall      
instruct the ,commissioner-- 7,a7 to    
suspend liquidation of the entry2  7,b7 
to require that the importer or other   
party post a cash deposit in an amount  

equal to the antidumping duty or        
countervailing duty applicable to the   
merchandise2 and  7,c7 to assess the    
appropriate rate of duty upon           
liquidation or reliquidation of the     
entry4  7#b7 ,assessment rate ,if no    
rate of duty for an entry is available  
at the time of assessment under         
paragraph 7#a77;,c71 the administering  
authority shall identify the applicable 
cash deposit rate to be applied to the  
entry1 with the applicable duty rate to 
be provided as soon as the duty rate    
becomes available4  7c7 ,penalties ,if  
the administering authority requires an 
importer or other party to provide a    
certification described in paragraph    
7#b7 of subsection 7a7 for merchandise  
imported into the customs territory of  
the ,united ,states pursuant to         
paragraph 7#a7 of that subsection1 and  
the importer or other party does not    
provide that certification or that      
certification contains any false1       
misleading1 or fraudulent statement or  

representation or any material omission1
 the importer of the merchandise may be 
subject to a penalty pursuant to section
 #eib of this ,act1 section #ajja of    
title #ah1 ,united ,states ,code1 or any
 other applicable provision of law4  4  
7b7 ,clerical amendment ,the table of   
contents for the ,tariff ,act of #aicj1 
as amended by section #ajc7;b71 is      
further amended by inserting after the  
item relating to section #ghd the       
following3  ,sec4 #ghe4 ,requirement for
 certification by importer or other     
party4  4  #cjc4 ,clarification of      
authority for ,department of ,commerce  
regarding merchandise covered by        
antidumping and countervailing duty     
proceedings  7a7 ,coverage by           
antidumping or countervailing duty      
proceeding ,to determine whether        
merchandise imported into the ,united   
,states is covered by an antidumping or 
countervailing duty proceeding under    
title ,,vii of the ,tariff ,act of #aicj
 7#ai ,u4,s4,c4 #afga et seq471 the     

administering authority may use any     
reasonable method and is not bound by   
the determinations of any other ,federal
 agency1 including tariff classification
 and country of origin marking rulings  
issued by the ,commissioner of ,u4,s4   
,customs and ,border ,protection4  7b7  
,origin of merchandise ,to determine the
 origin of merchandise for purposes of  
an antidumping or countervailing duty   
proceeding under title ,,vii of the     
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#afga et seq471 the administering       
authority may apply any reasonable      
method and may consider relevant        
factors1 including-- 7#a7 whether the   
upstream and downstream products are    
within the same class or kind of        
merchandise2  7#b7 whether the          
merchandise1 or an essential component  
thereof1 is substantially transformed in
 the country of exportation2  7#c7 the  
extent to which the merchandise is      
processed2 or  7#d7 any other factors   
that the administering authority        

considers appropriate4  7c7             
,administering authority defined ,in    
this section1 the term administering    
authority has the meaning given that    
term in section #gga7a7 of the ,tariff  
,act of #aicj 7#ai ,u4,s4,c4 #afgg7a774 
#cjd4 ,asset requirements applicable to 
nonresident importers  7a7 ,in general  
,part ,,iii of title ,,iv of the ,tariff
 ,act of #aicj 7#ai ,u4,s4,c4 #adha et  
seq47 is amended by inserting after     
section #dhd;b the following3  #dhd;c4  
,asset requirements applicable to       
nonresident importers  7a7 ,definitions 
,in this section3  7#a7 ,importer2      
nonresident importer ,the terms importer
 and nonresident importer have the      
meanings given those terms in section   
#fda7;i74  7#b7 ,resident importer ,the 
term resident importer means any        
importer other than a nonresident       
importer4  7b7 ,requirements for        
nonresident importers ,except as        
provided in subsection 7c71 the         
,commissioner of ,u4,s4 ,customs and    

,border ,protection shall-- 7#a7 require
 a nonresident importer that imports    
merchandise into the ,united ,states to 
maintain assets in the ,united ,states  
sufficient to pay all duties that may   
potentially be applied to the           
merchandise2 and  7#b7 require a bond   
with respect to the merchandise in an   
amount sufficient to ensure full        
liability on the part of a nonresident  
importer and the surety of the importer 
based on the amount of assets the       
,commissioner determines to be          
sufficient under subsection 7c74  7c7   
,determination of amount of assets      
required ,to be maintained ,for purposes
 of subsection 7b77#a71 the             
,commissioner shall calculate the amount
 of assets sufficient to pay all duties 
that may potentially be applied to      
merchandise imported by a nonresident   
importer based on an amount that exceeds
 the amount1 calculated using the fair  
market value of the merchandise1 of all 
duties1 fees1 interest1 taxes1 or other 

charges1 and all deposits for duties1   
fees1 interest1 taxes1 or other charges1
 that would apply with respect to the   
merchandise if the merchandise were     
subject to the highest rate of duty     
applicable to such merchandise imported 
from any country4  7d7 ,maintenance of  
assets in the ,united ,states  7#a7 ,in 
general ,for purposes of subsection     
7b77#a71 a nonresident importer of      
merchandise meets the requirement to    
maintain assets in the ,united ,states  
if the importer has clear title1 at all 
times between the entry of the          
merchandise and the liquidation of the  
entry1 to assets described in paragraph 
7#b7 with a value equal to the amount   
determined under subsection 7c74  7#b7  
,assets described ,an asset described in
 this paragraph is--  7,a7 an asset held
 by a ,united ,states financial         
institution2  7,b7 an interest in an    
entity organized under the laws of the  
,united ,states or any jurisdiction     
within the ,united ,states2 or  7,c7 an 

interest in real or personal property   
located in the ,united ,states or any   
territory or possession of the ,united  
,states4  7e7 ,exceptions ,the          
requirements of this section shall not  
apply with respect to a nonresident     
importer--  7#a7 that is a validated    
,tier #b or ,tier #c participant in the 
,customs-,trade ,partnership ,against   
,terrorism program established under    
subtitle ,b of title ,,ii of the        
,security and ,accountability ,for      
,every ,port ,act of #bjjf 7#f ,u4,s4,c4
 #ifa et seq472 or  7#b7 if the         
,commissioner is satisfied1 based on    
certified information supplied by the   
importer and any other relevant         
evidence1 that the ,commissioner has the
 same or equivalent ability to collect  
all duties that may potentially be      
applied to merchandise imported by the  
importer as the ,commissioner would have
 if the importer were a resident        
importer4  7f7 ,procedures ,the         
,commissioner shall prescribe procedures

 for assuring that nonresident importers
 maintain the assets required by        
subsection 7b74  7g7 ,penalties  7#a7   
,in general ,it shall be unlawful for   
any person to import into the ,united   
,states any merchandise in violation of 
this section4  7#b7 ,civil penalties    
,any person who violates paragraph 7#a7 
shall be liable for a civil penalty of  
#ej1jjj for each such violation4  7#c7  
,other penalties ,in addition to the    
penalties specified in paragraph 7#b71  
any violation of this section that      
violates any other provision of the     
customs and trade laws of the ,united   
,states 7as defined in section #b of the
 ,trade ,facilitation and ,trade        
,enforcement ,act of #bjae 7#ai         
,u4,s4,c4 #dcja77 shall be subject to   
any applicable civil or criminal        
penalty1 including seizure and          
forfeiture1 that may be imposed under   
that provision or title #ah1 ,united    
,states ,code4  4  7b7 ,clerical        
amendment ,the table of contents for the

 ,tariff ,act of #aicj is amended by    
inserting after the item relating to    
section #dhd;b the following3  ,sec4    
#dhd;c4 ,asset requirements applicable  
to nonresident importers4  4  7c7       
,effective date ,section #dhd;c of the  
,tariff ,act of #aicj1 as added by      
subsection 7a7--  7#a7 takes effect on  
the date of the enactment of this ,act2 
and  7#b7 applies with respect to       
merchandise entered1 or withdrawn from  
warehouse for consumption1 on or after  
the date that is #ahj days after such   
date of enactment4  ,,iv ,countering    
currency undervaluation  #dja4          
,investigation or review of currency    
undervaluation under countervailing duty
 law ,section #gjb7;c7 of the ,tariff   
,act of #aicj 7#ai ,u4,s4,c4 #afga;a7c77
 is amended by adding at the end the    
following3  7#f7 ,currency              
undervaluation ,for purposes of a       
countervailing duty investigation under 
this subtitle in which the              
determinations under clauses 7i7 and    

7ii7 of paragraph 7#a77;,a7 are         
affirmative and the petition includes an
 allegation of currency undervaluation  
by the government of a country or any   
public entity within the territory of a 
country that meets the requirements of  
clause 7i7 of that paragraph1 or for    
purposes of a review under subtitle ,c  
with respect to a countervailing duty   
order involving such an allegation1 the 
administering authority shall examine in
 its investigation or review whether    
currency undervaluation by the          
government of a country or any public   
entity within the territory of a country
 is providing1 directly or indirectly1 a
 countervailable subsidy4  4  #djb4     
,determination of benefit with respect  
to currency undervaluation ,section     
#gga7e77;,e7 of the ,tariff ,act of     
#aicj 7#ai ,u4,s4,c4 #afgg7e77;,e77 is  
amended-- 7#a7 in clause 7iii71 by      
striking 1 and and inserting a comma2   
7#b7 in clause 7iv71 by striking the    
period at the end and inserting 1 and2  

7#c7 by inserting after clause 7iv7 the 
following3  7v7 in the case of a        
transaction involving currency1 if there
 is a difference between the amount of  
currency received in exchange for       
,united ,states dollars and the amount  
of currency that the recipient would    
have received absent an undervalued     
currency4  2 and  7#d7 in the flush text
 following clause 7v71 as added by      
paragraph 7#c71 by adding at the end the
 following3 ,for purposes of clause 7v71
 a determination of the existence and   
amount of a benefit from the exchange of
 an undervalued currency shall take into
 account a comparison of the exchange   
rates derived from a methodology        
determined by the administering         
authority to be appropriate in light of 
the facts and circumstances to the      
relevant actual exchange rates4 ,that   
determination shall rely on             
authoritative information that is on the
 administrative record44  ,v ,general   
provisions  #eja4 ,application to       

,canada and ,mexico ,pursuant to section
 #dah of the ,united                    
,states-,mexico-,canada ,agreement      
,implementation ,act 7#ai ,u4,s4,c4     
#dehh71 the amendments made by this ,act
 apply with respect to goods from       
,canada and ,mexico4  #ejb4 ,effective  
date  7a7 ,in general ,except as        
provided by subsection 7b7 or 7c71 the  
amendments made by this ,act apply to   
countervailing duty investigations      
initiated under subtitle ,a of title    
,,vii of the ,tariff ,act of #aicj 7#ai 
,u4,s4,c4 #afga et seq471 antidumping   
duty investigations initiated under     
subtitle ,b of title ,,vii of such ,act 
7#ai ,u4,s4,c4 #afgc et seq471 reviews  
initiated under subtitle ,c of title    
,,vii of such ,act 7#ai ,u4,s4,c4 #afge 
et seq471 and circumvention inquiries   
requested under section #gha of such    
,act 7#ai ,u4,s4,c4 #afgg;j71 on or     
after the date of the enactment of this 
,act4  7b7 ,applicability  7#a7 ,in     
general ,the amendments made by this    

,act apply to-- 7,a7 investigations or  
reviews under title ,,vii of the ,tariff
 ,act of #aicj pending on the date of   
the enactment of this ,act if the date  
on which the fully extended preliminary 
determination is scheduled is not       
earlier than #de days after such date of
 enactment2  7,b7 circumvention         
inquiries initiated under section #gha  
of such ,act before and pending on such 
date of enactment2 and  7,c7            
circumvention inquiries requested under 
section #gha of such ,act but not       
initiated before such date of enactment4
  7#b7 ,deadlines for circumvention     
inquiries  7,a7 ,determinations ,in this
 case of a circumvention inquiry        
described in paragraph 7#a77;,b71       
subsection 7f77#d7 of section #gha of   
the ,tariff ,act of #aicj1 as amended by
 section #cja7;a71 shall be applied and 
administered-- 7i7 in subparagraph      
7,a77i71 by substituting the date of the
 enactment of the ,eliminating ,global  
,market ,distortions ,to ,protect       

,american ,jobs ,act of #bjba for the   
date on which the administering         
authority initiates a circumvention     
inquiry under paragraph 7#a7 or         
7#c77;,a72 and  7ii7 in subparagraph    
7,c71 by substituting the date of the   
enactment of the ,eliminating ,global   
,market ,distortions ,to ,protect       
,american ,jobs ,act of #bjba for the   
filing of the inquiry request4  7,b7    
,actions with respect to inquiry        
requests ,in this case of a             
circumvention inquiry described in      
paragraph 7#a77;,c71 the administering  
authority 7as defined in section #gga7a7
 of the ,tariff ,act of #aicj 7#ai      
,u4,s4,c4 #afgg7a777 shall1 not later   
than #bj days after the date of the     
enactment of this ,act1 take an action  
described in subsection 7f77#c7 of      
section #gha of the ,tariff ,act of     
#aicj1 as amended by section #cja7;a71  
with respect to the inquiry4  7c7       
,retroactive application of modification
 of sales below cost provision ,section 

#ggc7;b77#c7 of the ,tariff ,act of     
#aicj 7#ai ,u4,s4,c4 #afgg;b7b77#c771 as
 amended by section #bjd7;a71 applies   
to-- 7#a7 antidumping duty              
investigations initiated under subtitle 
,b of title ,,vii of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afgc et seq47 on 
or after ,june #bi1 #bjae2  7#b7 reviews
 initiated under subtitle ,c of title   
,,vii of such ,act 7#ai ,u4,s4,c4 #afge 
et seq47 on or after ,june #bi1 #bjae2  
7#c7 resulting actions by ,u4,s4        
,customs and ,border ,protection2 and   
7#d7 civil actions1 criminal            
proceedings1 and other proceedings      
before a ,federal court relating to     
proceedings referred to in paragraphs   
7#a7 or 7#b7 or actions referred to in  
paragraph 7#c7 in which final judgment  
has not been entered on the date of the 
enactment of this ,act4