,,ii  #aaith ,,congress  #ast ,session  
,s4 #fia  ,,in ,,the ,,senate ,,of ,,the
 ,,united ,,states  ,february #bd1      
#bjbe,ms4 ,smith 7for ,mr4 ,young 7for  
himself1 ,ms4 ,smith1 ,mr4 ,tuberville1 
,ms4 ,klobuchar1 ,mr4 ,graham1 ,ms4     
,baldwin1 ,mr4 ,cotton1 ,mr4 ,fetterman1
 ,mr4 ,wicker1 ,mr4 ,gallego1 ,mr4      
,banks1 ,ms4 ,warren1 ,mr4 ,schmitt1    
,mrs4 ,gillibrand1 and ,mr4 ,moreno77   
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 ,leveling the ,playing ,field #b4j  
,act4  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 normal value to    
account for 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--,preventing  
duty evasion,sec4 #eja4 ,limitation on  
protest against decisions of ,u4,s4     
,customs and ,border ,protection of     

claims of evasion of antidumping and    
countervailing duty orders4,sec4 #ejb4  
,procedures for investigating claims of 
evasion of safeguard actions4,sec4 #ejc4
 ,application of provisions relating to 
certain proprietary information4,,title 
,,vi--,general provisions,sec4 #fja4    
,application to ,canada and             
,mexico4,sec4 #fjb4 ,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 consider the   
condition of the domestic industry as   
found in a recently completed           
investigation2  7bb7 consider 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     
include in the record any prior injury  
determinations by the ,commission with  
respect to imports of the merchandise4  

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 solely   
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 ,in making any finding    
under section #gje7;b77#d77;,a7 or      
#gce7;b77#d77;,a7 in a successive       
investigation1 the ,commission shall    
consider that 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  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 paragraph 7#g77;,e7 and sections     
#gjb7;f71 #gcb7;f71 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 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 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 upon 
receipt of an allegation by the         
petitioner pursuant to section #gjc7;e71
 shall make a determination under       
section #gjc7;e7 with respect to the    
investigation2  7,d7 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,e7 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 #adj 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 upon 
receipt of an allegation by the         
petitioner pursuant to section #gcc7;e71
 shall make a determination under       
section #gcc7;e7 with respect to the    
investigation2  7,d7 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,e7 may extend 
the date of the final determination     
under section #gce7;a77#b7 if requested 
by the petitioner4  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 ,in general   
,section #gja7;d7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afga7;d77 is     
amended-- 7#a7 in the subsection        
heading1 by striking ,treatment of      
international consortia and inserting   
,cumulation of cross-,border subsidies2 
7#b7 by striking ,for purposes and      
inserting the following3  7#a7          
,international consortia and            
multinational corporations ,for purposes
  2  7#c7 in paragraph 7#a71 as         
designated by paragraph 7#b7-- 7,a7 by  
inserting after in their respective home
 countries1 the following3 or           
multinational corporations that are     
engaged in the production of subject    
merchandise receive countervailable     
subsidies to assist1 permit1 or         
otherwise enable their production or    

manufacturing operations in the country 
in which the class or kind of           
merchandise is produced1 exported1 or   
sold 7or likely to be sold7 for         
importation into the ,united ,states12  
and  7,b7 by inserting after the        
international consortium the following3 
or multinational corporation2 and  7#d7 
by adding at the end the following3     
7#b7 ,transnational subsidies  7,a7 ,in 
general ,for purposes of this subtitle1 
if there is a countervailable subsidy by
 a government of a third country or any 
public entity within the territory of a 
third country with respect to the       
manufacture1 production1 or export of a 
class or kind of merchandise that is    
produced1 exported1 or sold 7or likely  
to be sold7 for importation into the    
,united ,states from the territory of   
the subject country1 and the government 
of the subject country or any public    
entity within the territory of the      
subject country facilitates the         
provision of such subsidy1 then the     

administering authority shall treat the 
subsidy as having been provided by the  
government of the subject country or a  
public entity within the territory of   
the subject country and shall cumulate  
all such countervailable subsidies1 as  
well as countervailable subsidies       
provided directly or indirectly by the  
government or any public entity within  
the territory of the subject country4   
7,b7 ,application ,this paragraph shall 
be applied in a manner consistent with  
the international obligations of the    
,united ,states4  4  7b7 ,definitions   
,section #gga of the ,tariff ,act of    
#aicj 7#ai ,u4,s4,c4 #afgg7 is amended--
 7#a7 in paragraph 7#e;,a71 by inserting
 after subparagraph 7,d7 the following3 
7,e7 ,transnational subsidy ,in         
determining whether a transnational     
subsidy is a specific subsidy1 in law or
 in fact1 the administering authority   
shall examine the situation in the      
subject country based on subparagraphs  
7,b71 7,c71 and 7,d74  2  7#b7 in       

paragraph 7#i7-- 7,a7 in subparagraph   
7,f71 by striking and at the end2  7,b7 
in subparagraph 7,g71 by striking the   
period at the end and inserting 1 and2  
and  7,c7 by adding at the end the      
following3  7,h7 in any proceeding under
 subtitle ,a involving a transnational  
subsidy1 the government of the third    
country4  2 and  7#c7 by adding at the  
end the following3  7#ch7 ,multinational
 corporation ,the term multinational    
corporation means a person1 firm1 or    
corporation that owns or controls1      
directly or indirectly1 facilities for  
the production of subject merchandise in
 two or more foreign countries4  4  7c7 
,upstream subsidies ,section #gga;,a of 
the ,tariff ,act of #aicj 7#ai ,u4,s4,c4
 #afgg-a7 is amended by adding at the   
end the following3  7d7 ,multinational  
corporations  7#a7 ,in general ,this    
section shall apply to purchases of     
input products by multinational         
corporations if-- 7,a7 the multinational
 corporation manufactures or produces   

merchandise in a country that is the    
subject of a countervailing duty        
proceeding2  7,b7 the multinational     
corporation purchases the input product 
from a cross-owned company located in a 
third country with respect to which the 
administering authority has made an     
affirmative determination under section 
#gjc7;b77#a7 or #gje7;a77#a7 with       
respect to a countervailable subsidy    
provided-- 7i7 for the manufacture1     
production1 or exportation of that input
 product2 or  7ii7 to that cross-owned  
company2 and  7,c7 in the judgment of   
the administering authority1 the        
countervailing subsidy described in     
subparagraph 7,b7 bestows a competitive 
benefit on that merchandise4  7#b7      
,timing of subsidy ,if a countervailable
 subsidy is provided to a multinational 
corporation or a cross-owned company    
that did not exist at the time the      
administering authority made an         
affirmative determination described in  
paragraph 7#a77;,b71 the administering  

authority is not precluded from         
examining the subsidy under paragraph   
7#a74  7#c7 ,application ,this          
subsection shall be applied in a manner 
consistent with the international       
obligations of the ,united ,states4     
7#d7 ,definitions ,in this subsection3  
7,a7 ,cross-owned company2 multinational
 corporation ,the terms cross-owned     
company and multinational corporation   
have the meanings given those terms as  
defined by the administering authority  
by regulation4  7,b7 ,upstream subsidy  
,the term upstream subsidy has the      
meaning given that term in subsection   
7a71 except that the term shall include 
an export subsidy4  4  #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 normal value to account
 for distortions of costs that occur in 
foreign countries  7a7 ,normal value    
7#a7 ,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   
reasonably 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  7#b7         
,reflection of costs of production      
,section #ggc7;e7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afgg;b7e77 is    
amended1 in the first sentence of the   
flush text after paragraph 7#c71 by     
striking accurately and inserting       
reasonably4  7b7 ,modification of       
definition of ordinary course of trade  
,section #gga7ae7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afgg7ae77;,c77 is
 amended-- 7#a7 by redesignating        

subparagraphs 7,a7 through 7,c7 as      
clauses 7i7 through 7iii71 respectively1
 and moving those clauses1 as so        
redesignating1 two ems to the right2    
7#b7 by striking ,the term and inserting
 the following3  7,a7 ,in general ,the  
term  2  7#c7 in subparagraph 7,a71 as  
designated by paragraph 7#b71 in clause 
7iii71 as redesignated by paragraph     
7#a7-- 7,a7 by striking that the        
particular market situation prevents and
 inserting 8that a particular market    
situation exists that--  7,i7 prevents  
2  7,b7 in subclause 7,i71 as designated
 by subparagraph 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  7,,ii7 distorts costs of    
production1 relating to normal value    
determined under subsections 7b7 and 7e7
 of section #ggc4  2 and  7#d7 by adding
 at the end the following3  7,b7 ,cost  
of production ,for purposes of making a 

determination under subparagraph        
7,a77iii77,,ii7 with respect to subject 
merchandise1 the administering authority
 shall determine that a particular      
market situation exists that distorts   
costs of production if a particular     
market situation exists such that the   
cost of materials and fabrication or    
other processing of any kind does not   
reasonably reflect the cost of          
production in the ordinary course of    
trade4  4  7c7 ,definition of particular
 market situation ,section #gga of the  
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#afgg71 as amended by sections #aja7;b7 
and #bja7;b77#c71 is further amended by 
adding at the end the following3  7#ci7 
,particular market situation  7,a7 ,in  
general ,the term particular market     
situation means a certain circumstance  
or set of circumstances that the        
administering authority determines      
either prevents a proper comparison of  
prices in the comparison market with the
 export price or constructed export     

price or distorts the costs of          
production of the subject merchandise4  
7,b7 ,distortion of costs of production 
7i7 ,examples of distortions of costs of
 production that may create a particular
 market situation ,examples of          
circumstances that are likely to distort
 the costs of production and thus are   
deemed to create a particular market    
situation for subject merchandise for   
purposes of subparagraph 7,a7 include   
the following circumstances3 7,i7 ,an   
input into the production of subject    
merchandise is produced in such amounts 
that there is more supply than demand in
 international markets for the input4   
7,,ii7 ,a foreign government1 a         
state-owned enterprise1 or any other    
public body is the predominant producer 
or supplier of an input into the        
production of subject merchandise4      
7,,iii7 ,a foreign government intervenes
 in the market for an input into the    
production of subject merchandise4      
7,,iv7 ,a foreign government limits     

exports of an input into the production 
of subject merchandise4  7,v7 ,a foreign
 government imposes export taxes on an  
input into the production of subject    
merchandise4  7,,vi7 ,a foreign         
government exempts an importer1         
producer1 or exporter of subject        
merchandise from paying duties or taxes 
associated with trade remedies          
established by the foreign government   
relating to an input into the production
 of subject merchandise4  7,,vii7 ,a    
foreign government rebates duties or    
taxes paid by an importer1 producer1 or 
exporter of subject merchandise         
associated with trade remedies          
established by the foreign government   
related to an input into the production 
of subject merchandise4  7,,viii7 ,a    
foreign government provides financial   
assistance or support to the producer or
 exporter of subject merchandise1 or to 
a producer or supplier of an input into 
the production of subject merchandise4  
7,,ix7 ,a foreign government takes      

action that influences the production of
 subject merchandise or an input into   
the production of subject merchandise1  
such as domestic content and technology 
transfer requirements4  7,x7 ,a foreign 
government does not enforce its property
 7including intellectual property71     
human rights1 labor1 or environmental   
protection laws and policies1 or those  
laws and policies are otherwise shown to
 be ineffective with respect to either a
 producer or exporter of subject        
merchandise1 or to a producer or        
supplier of an input into the production
 of subject merchandise in the subject  
country4  7,,xi7 ,a foreign government  
does not implement property 7including  
intellectual property71 human rights1   
labor1 or environmental protection laws 
and policies4  7,,xii7 ,a business      
relationship between one or more        
producers of subject merchandise and    
suppliers of inputs to the production of
 subject merchandise is such that prices
 of the inputs are not determined in    

accordance with general market          
principles1 such as through a strategic 
alliance or noncompetitive arrangement4 
7ii7 ,distortions caused by particular  
market situations need not be quantified
 ,if the administering authority        
determines the existence of a particular
 market situation under subparagraph    
7,a7 but cannot measure the distortions 
caused by that particular market        
situation on prices or costs in the     
exporting country1 the administering    
authority is not required to quantify   
those distortions and may use any       
available information and methodology to
 address those distortions in its       
analysis and calculations4  7iii7       
,particular market situations may exist 
in multiple countries  7,i7 ,in general 
,the same market situation1 or a similar
 market situation1 that distorts the    
costs of production of the subject      
merchandise can exist in multiple       
countries or markets and still be       
considered particular if the            

administering authority determines that 
a market situation exists that distorts 
costs of production for certain products
 or parties in the subject country4     
7,,ii7 ,no limitation ,there is no      
limitation to the number of products or 
parties that may be impacted by a       
particular market situation4  7,c7      
,other factors ,in finding that a       
particular market situation exists1 or  
in using another calculation methodology
 under this paragraph1 the administering
 authority is not required to consider--
 7i7 the costs or prices that would     
otherwise exist in the ordinary course  
of trade in the absence of the          
particular market situation or any of   
its contributing circumstances2  7ii7   
whether there is any difference between 
the particular market situation or any  
of its contributing circumstances in the
 exporting country as opposed to any    
other country2 or  7iii7 the length of  
time that the particular market         
situation or any of its contributing    

circumstances has existed4  4  #bje4    
,special rules for calculation of cost  
of production and constructed value to  
address distorted costs ,section        
#ggc7;f77#c7 of the ,tariff ,act of     
#aicj 7#ai ,u4,s4,c4 #afgg;b7f77#c77 is 
amended-- 7#a7 by striking ,if1 in the  
case and inserting the following3  7,a7 
,major inputs from affiliated persons   
,if1 in the case  2 and  7#b7 by adding 
at the end the following3  7,b7 ,major  
inputs from certain unaffiliated persons
  7i7 ,in general ,in the case of a     
transaction between the exporter or     
producer of the merchandise and any     
unaffiliated person described in clause 
7ii7 involving a major input to the     
merchandise1 the administering authority
 may value such major input based on the
 information available regarding what   
the amount would have been if the       
transaction had occurred between the    
exporter or producer of the merchandise 
and an unaffiliated person that is not  
described in clause 7ii7 if that amount 

is greater than the amount reflected in 
the records of the exporter or producer 
of the merchandise4  7ii7 ,unaffiliated 
persons described ,an unaffiliated      
person described in this clause is--    
7,i7 any person in a nonmarket economy  
country2  7,,ii7 any producer1 exporter1
 or supplier of the input described in  
clause 7i7 found by the administering   
authority1 or by any investigating      
authority of a third country1 to be     
receiving a countervailable subsidy     
pertaining to an identical or comparable
 input in the subject country if there  
is no countervailing duty imposed on the
 input pursuant to a measure in effect  
in the exporting country based upon a   
finding by the investigating authority  
of the exporting country that the       
producer or supplier of the input       
described in clause 7i7 received a      
countervailable subsidy2  7,,iii7 any   
producer1 exporter1 or supplier of the  
input described in clause 7i7 found by  
the administering authority1 or by any  

investigating authority of a third      
country to be selling an identical or   
comparable input for less than fair     
market value in the subject country if  
there is no antidumping duty imposed on 
the input pursuant to a measure in      
effect in the exporting country based   
upon a finding by the investigating     
authority of the exporting country that 
the producer or supplier sold the input 
described in clause 7i7 for less than   
fair market value into the subject      
country2  7,,iv7 a government or public 
body within the territory of the        
exporting country or any other country2 
or  7,v7 a group of governments or      
public bodies1 or a combination thereof1
 that collectively account for a        
meaningful share of the production of   
the input described in clause 7i74      
7iii7 ,application ,subclauses 7,i71    
7,,ii71 and 7,,iii7 of clause 7ii7 shall
 not apply to inputs described in clause
 7i7 that are produced in the exporting 
country4  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  7,a7 ,in general ,subject to   
subparagraph 7,b71 not later than #de   
days after the filing of an inquiry     
request under paragraph 7#b77;,a71 the  
administering authority shall-- 7i7     
initiate a circumvention inquiry2  7ii7 
dismiss the inquiry request as          
inadequate and notify the requestor in  
writing of the reasons for the          
dismissal2 or  7iii7 notify all         

interested parties that the inquiry     
request will be addressed through a     
determination under section #gha;,a 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,b7        
,extension ,the administering authority 
may extend the deadline under           
subparagraph 7,a7 by a period not to    
exceed #ae days if an interested party  
has placed information on the record in 
response to the request for a           
circumvention inquiry4  7#d7            
,determinations  7,a7 ,preliminary      
determinations  7i7 ,in general ,except 
as provided in clause 7ii71 not later   
than #aej 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 #fj days4    
7,b7 ,final determinations  7i7 ,in     
general ,except as provided in clause   
7ii71 not later than #aej 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 #fe 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 under section     
#gha;,a1 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 determination 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 ,initiation ,if the       
administering authority initiates a     

circumvention inquiry under paragraph   
7#a7 or 7#c77;,a7 of subsection 7f71 for
 each unliquidated entry of merchandise 
subject to the circumvention inquiry    
that was already subject to the         
suspension of liquidation1 the          
administering authority shall order--   
7,a7 the continued suspension of        
liquidation of such entry2 and  7,b7 the
 continued posting of a cash deposit1 at
 the prevailing all-others or           
country-wide rate1 for each such entry4 
7#b7 ,preliminary determination ,if the 
administering authority issues a        
preliminary affirmative determination   
under paragraph 7#d77;,a7 of subsection 
7f7 with respect to a circumvention     
inquiry initiated under paragraph 7#a7  
or 7#c77;,a7 of that subsection1 the    
administering authority shall order--   
7,a7 the continued suspension of        
liquidation for each unliquidated entry 
of merchandise subject to the           
circumvention inquiry that was already  
subject to the suspension of            

liquidation2  7,b7 the suspension of    
liquidation for each unliquidated entry 
of merchandise subject to the           
circumvention inquiry not yet suspended 
that is entered1 or withdrawn from      
warehouse1 for consumption on or after  
the date of publication of the notice of
 initiation of the circumvention        
inquiry2  7,c7 the suspension of        
liquidation for each entry of           
merchandise subject to the circumvention
 inquiry not yet suspended that is      
entered1 or withdrawn from warehouse1   
for consumption before the date of      
publication of the notice of initiation 
of the circumvention inquiry if the     
administering authority determines1     
under the circumstances1 that suspension
 under this subparagraph is warranted2  
and  7,d7 the posting1 or continued     
posting1 of a cash deposit in an amount 
equal to the antidumping duty or        
countervailing duty applicable for each 
entry of merchandise described in       
subparagraph 7,a71 7,b71 or 7,c74  7#c7 

,final determination ,if the            
administering authority issues a final  
affirmative determination under         
paragraph 7#d77;,b7 of subjection 7f7   
with respect to a circumvention inquiry 
initiated under paragraph 7#a7 or       
7#c77;,a7 of that subsection1 the       
administering authority shall order--   
7,a7 the continued suspension of        
liquidation for each unliquidated entry 
of merchandise subject to the           
circumvention inquiry that was already  
subject to the suspension of            
liquidation2  7,b7 the suspension of    
liquidation of each entry of merchandise
 subject to the circumvention inquiry   
that is entered1 or withdrawn from      
warehouse1 for consumption on or after  
the date of publication of the notice of
 initiation of the circumvention        
inquiry2  7,c7 the suspension of        
liquidation of each entry of merchandise
 subject to the circumvention inquiry   
that is entered1 or withdrawn from      
warehouse1 for consumption before the   

date of publication of the notice of    
initiation of circumvention inquiry if  
the administering authority determines1 
under the circumstances1 that suspension
 under this subparagraph is warranted2  
and  7,d7 the posting1 or continued     
posting1 of a cash deposit in an amount 
equal to the antidumping duty or        
countervailing duty applicable for each 
entry of merchandise described in       
subparagraph 7,a71 7,b71 or 7,c74  7#d7 
,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 under section #gha;,a4    
7h7 ,application of circumvention       
determination  7#a7 ,in general ,the    
administering authority shall consider  
the appropriate remedy to address       
circumvention and prevent evasion of an 
order or finding pursuant to an         
affirmative determination under         
subparagraph 7,a7 or 7,b7 of subsection 

7f77#d74  7#b7 ,remedies considered     
,remedies considered under paragraph    
7#a7 may include the following3 7,a7    
,the application of the determination   
described in paragraph 7#a7 on a        
producer-specific1 exporter-specific1 or
 importer-specific basis1 or some       
combination thereof1 and1 as the        
administering authority determines      
appropriate1 the implementation of a    
certification requirement under section 
#ghe4  7,b7 ,the application of the     
determination described in paragraph    
7#a7 on a countrywide basis to all      
merchandise from a particular country1  
regardless of producer1 exporter1 or    
importer of that merchandise1 and1 as   
the administering authority determines  
appropriate1 the implementation of a    
certification requirement under section 
#ghe4  7#c7 ,exemption for merchandise  
under certification ,if a certification 
requirement under section #ghe is       
implemented under this subsection and   
the importer or other party to which the

 requirement is applied complies with   
that requirement1 antidumping and       
countervailing duties under this title  
may not be applied to the merchandise   
under certification4  4  7c7            
,publication in the ,federal ,register  
,section #ggg7;i7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afgg;f7i77 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  7d7 ,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 #gha if  
good cause for verification is shown4  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 suspend liquidation1     
collect cash deposits and 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 ,in general ,subtitle  
,d of title ,,vii of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #afgg et seq47 is 
amended by inserting after section #gha 
the following3  #gha;,a4 ,determinations
 of merchandise covered under           
antidumping or countervailing duty      
proceeding  7a7 ,in general ,to         
determine whether merchandise imported  
into the ,united ,states is covered by  
an antidumping or countervailing duty   
proceeding under this title1 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  
,class or kind of merchandise ,for      
purposes of this title1 determinations  
regarding whether merchandise is the    
same class or kind may be made under    
this section or under section #gha in   
accordance with the criteria set forth  
in this section or in section #gha1 as  
the case may be4  7c7 ,origin of        
merchandise ,to determine the origin of 
merchandise for purposes of an          
antidumping or countervailing duty      
proceeding under this title1 the        
administering authority may apply any   
reasonable method and may consider      
relevant factors1 including-- 7#a7      
whether the processed downstream product
 is a different class or kind of        
merchandise than the upstream product2  

7#b7 the physical characteristics of the
 merchandise2  7#c7 the intended end use
 of the downstream product2  7#d7 the   
cost of production and the value added  
of further processing in a third country
 or countries2  7#e7 the nature and     
sophistication of processing in a third 
country or countries2  7#f7 the level of
 investment in a third country or       
countries2 and  7#g7 any other factors  
that the administering authority        
considers appropriate1 including whether
 an essential characteristic of the     
merchandise1 or an essential component  
thereof1 is substantially transformed in
 the country of exportation4  4  7b7    
,clerical amendment ,the table of       
contents for the ,tariff ,act of #aicj  
is amended by inserting after the item  
relating to section #gha the following3 
,sec4 #gha;,a4 ,determinations of       
merchandise covered under antidumping or
 countervailing duty proceeding4  4  7c7
 ,reviewable determinations ,section    
#eaf;,a7a77#b77;,a7 of the ,tariff ,act 

of #aicj 7#ai ,u4,s4,c4                 
#aeaf;a7a77#b77;,a77 is amended-- 7#a7  
in clause 7i77,i71 by striking 7iv712   
and  7#b7 by amending clause 7ii7 to    
read as follows3  7ii7 the date of      
publication in the ,federal ,register of
 notice of a determination described in 
clause 7iv7 of subparagraph 7,b7 or1 if 
no such notice is published1 the date on
 which the administering authority      
conveys a copy of such determination to 
an interested party who is a party to   
the proceeding1  4  #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-- 7,a7 in the case of merchandise 
described in such paragraph with a      
domestic value that is equal to or      
greater than #ej1jjj1 be liable for a   
civil penalty of #ej1jjj for each such  
violation2 or  7,b7 in the case of      
merchandise described in such paragraph 
with a domestic value that is less than 
#ej1jjj1 be liable for a civil penalty  
equal to #ej percent of the amount of   
such domestic value 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 and application  7#a7   
,in general ,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  7#b7 ,deadline for  
procedures ,the ,commissioner of ,u4,s4 
,customs and ,border ,protection shall  
ensure the procedures required under    
subsection 7f7 of section #dhd;c of the 
,tariff ,act of #aicj1 as added by      
subsection 7a71 are prescribed and in   
effect not later than #ij days after the
 date of the enactment of this ,act4    
,,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 an       
exchange of an undervalued currency     
under a unified exchange rate1 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 rates1 and     
whether there is government action on   
the exchange rate that contributes to an
 undervaluation of the currency44  ,v   
,preventing duty evasion  #eja4         

,limitation on protest against decisions
 of ,u4,s4 ,customs and ,border         
,protection of claims of evasion of     
antidumping and countervailing duty     
orders  7a7 ,expansion of limitation    
,section #ead7;b7 of the ,tariff ,act of
 #aicj 7#ai ,u4,s4,c4 #aead7;b77 is     
amended-- 7#a7 by striking title1       
determinations and inserting title1 or  
with respect to determinations made     
under section #eag of this title which  
are reviewable under section #eag7;g71  
determinations2 and  7#b7 by inserting  
after a determination listed in section 
#eaf;,a of this title the following3 or 
a determination listed in section #eag  
of this title1 as the case may be14  7b7
 ,rule of construction on investigation 
of claims of evasion ,section #eag7;h7  
of the ,tariff ,act of #aicj 7#ai       
,u4,s4,c4 #aeag7;h77 is amended by      
inserting before the period at the end  
the following3 1 except that any        
decision as to the liquidation or       
reliquidation of an entry of covered    

merchandise in accordance with a        
determination under subsection 7c7 and  
review under subsection 7f71 if         
applicable1 shall not be subject to a   
protest of such decision filed in       
accordance with section #ead4  #ejb4    
,procedures for investigating claims of 
evasion of safeguard actions  7a7       
,tariff ,act of #aicj ,section #eag of  
the ,tariff ,act of #aicj 7#ai ,u4,s4,c4
 #aeag7 is amended-- 7#a7 in the section
 heading1 by inserting and safeguard    
actions after orders2  7#b7 in          
subsection 7a7-- 7,a7 in paragraph      
7#c7-- 7i7 in subparagraph 7,a71 by     
striking or at the end2  7ii7 in        
subparagraph 7,b71 by striking the      
period at the end and inserting 2 or2   
and  7iii7 by adding at the end the     
following3  7,c7 an action taken under  
section #bjc of the ,trade ,act of #aigd
 7#ai ,u4,s4,c4 #bbec74  2 and  7,b7 in 
paragraph 7#e77;,a71 by inserting after 
applicable antidumping or countervailing
 duties the following3 or any applicable

 safeguard action2  7#c7 in subsection  
7b77#d71 in subparagraphs 7,a7 and 7,b71
 by inserting after covered merchandise 
each place it appears the following3    
under subparagraph 7,a7 or 7,b7 of      
subsection 7a77#c72  7#d7 in subsection 
7d77#a7-- 7,a7 in subparagraph 7,c7--   
7i7 in the matter preceding clause 7i71 
by inserting after 7,c7 the following3  
if the determination relates to covered 
merchandise under subparagraph 7,a7 or  
7,b7 of subsection 7a77#c712 and  7ii7  
in clause 7i71 by inserting of this     
paragraph after subparagraphs 7,a7 and  
7,b72 and  7,b7 in subparagraph 7,d7--  
7i7 by inserting after 7,d7 the         
following3 if the determination relates 
to covered merchandise under            
subparagraph 7,a7 or 7,b7 of subsection 
7a77#c712 and  7ii7 by inserting of this
 paragraph after subparagraphs 7,a7 and 
7,b74  7b7 ,trade ,facilitation and     
,trade ,enforcement ,act of #bjae ,the  
,trade ,facilitation and ,trade         
,enforcement ,act of #bjae is amended-- 

7#a7 in section #djb 7#ai ,u4,s4,c4     
#dcfa7-- 7,a7 in paragraph 7#b7-- 7i7 in
 subparagraph 7,a71 by striking or at   
the end2  7ii7 in subparagraph 7,b71 by 
striking the period at the end and      
inserting 2 or2 and  7iii7 by adding at 
the end the following3  7,c7 an action  
taken under section #bjc of the ,trade  
,act of #aigd 7#ai ,u4,s4,c4 #bbec74  2 
7,b7 in paragraph 7#e71 by inserting    
after applicable antidumping or         
countervailing duties the following3 or 
any applicable safeguard action2 and    
7,c7 in paragraph 7#g71 by inserting    
before the period at the end the        
following3 and chapter #a of title ,,ii 
of the ,trade ,act of #aigd 7#ai        
,u4,s4,c4 #bbea et seq472 and  7#b7 in  
section #dab 7#ai ,u4,s4,c4 #dcgb7--    
7,a7 in subsection 7a77#b7-- 7i7 by     
redesignating subparagraphs 7,a71 7,b71 
and 7,c7 as subparagraphs 7,b71 7,c71   
and 7,d71 respectively2 and  7ii7 by    
inserting before subparagraph 7,b71 as  
redesignated by clause 7i71 the         

following3  7,a7 a person reasonably    
suspected of entering covered           
merchandise into the customs territory  
of the ,united ,states through evasion2 
2 and  7,b7 in subsection 7b77#a7-- 7i7 
in subparagraph 7,b7-- 7,i7 by          
redesignating clauses 7i71 7ii71 and    
7iii7 as clauses 7ii71 7iii71 and 7iv71 
respectively2 and  7,,ii7 by inserting  
before clause 7ii71 as redesignated by  
subclause 7,i71 the following3  7i7 a   
person from whom information was        
requested pursuant to subsection        
7a77#b77;,a72  2 and  7ii7 in           
subparagraph 7,c71 by striking clause   
7ii7 or 7iii7 and inserting clause 7i71 
7iii71 or 7iv74  #ejc4 ,application of  
provisions relating to certain          
proprietary information  7a7 ,in general
 ,section #eag of the ,tariff ,act of   
#aicj 7#ai ,u4,s4,c4 #aeag71 as amended 
by section #ejb7;a71 is further amended 
by adding at the end the following3  7i7
 ,application of provisions relating to 
certain proprietary information  7#a7   

,in general ,except as provided in      
paragraph 7#b71 subsections 7b71 7c71   
and 7d7 of section #ggg1 relating to    
information submitted in connection with
 proceedings under title ,,vii1 shall   
apply with respect to information       
submitted in connection with proceedings
 under this section to the same extent  
and in the same manner as those         
subsections may apply to information    
submitted in connection with proceedings
 under title ,,vii4  7#b7 ,exceptions   
,in carrying out paragraph 7#a71        
subsections 7b71 7c71 and 7d7 of section
 #ggg shall be applied and administered 
as follows3 7,a7 ,by substituting the   
,commissioner for each of the following 
terms each place those terms appear3 7i7
 the administering authority or the     
,commission4  7ii7 the administering    
authority and the ,commission4  7iii7   
the administering authority4  7,b7      
,paragraphs 7#a77;,a7 and 7#c7 of such  
subsection 7b7 shall not apply4  7,c7   
,the second and third sentences of such 

subsection 7c77#a77;,a7 shall not apply4
  7,d7 ,in such subsection 7c7-- 7i7 in 
paragraph 7#a7-- 7,i7 in subparagraph   
7,b71 by substituting determine to be   
appropriate for determine to be         
appropriate1 including disbarment from  
practice before the agency2 and  7,,ii7 
in subparagraph 7,c7-- 7aa7 in clause   
7i71 by substituting #ad days for #ad   
days 7#g days if the submission pertains
 to a proceeding under section #gjc7;a7 
or #gcc7;a772 and  7bb7 in the text     
following clause 7ii77,,ii71 by         
substituting #cj days for #cj days 7#aj 
days if the submission pertains to a    
proceeding under section #gjc7;a7 or    
#gcc7;a772 and  7ii7 in paragraph 7#b71 
by substituting ,united ,states ,court  
of ,international ,trade for ,united    
,states ,customs ,court4  4  7b7        
,regulations ,the ,commissioner of      
,u4,s4 ,customs and ,border ,protection 
shall prescribe such regulations as may 
be necessary to implement subsection 7i7
 of section #eag of the ,tariff ,act of 

#aicj 7#ai ,u4,s4,c4 #aeag71 as added by
 subsection 7a74  7c7 ,effective date   
,the amendment made by subsection 7a7   
shall take effect on the date that is   
#ahj days after the date of the         
enactment of this ,act4  ,,vi ,general  
provisions  #fja4 ,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  #fjb4 ,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 ,except as provided in          
subsection 7c71 the amendments made by  
this ,act apply to-- 7,a7 investigations
 or reviews under title ,,vii of the    
,tariff ,act of #aicj 7#ai ,u4,s4,c4    
#afga et seq47 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 7#ai ,u4,s4,c4 #afgg;j7    
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  
#aicj 7#ai ,u4,s4,c4 #afgg;j71 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        
,leveling the ,playing ,field #b4j ,act 
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 ,leveling the ,playing 
,field #b4j ,act for the filing of the  
inquiry request4  7,b7 ,actions with    
respect to inquiry requests ,in the 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     
#aicj 7#ai ,u4,s4,c4 #afgg;j71 as       
amended by section #cja7;a71 with       
respect to the inquiry4  7c7            
,retroactive application of provision on
 determination of normal value ,to      
account for distortions of costs that   
occur in foreign countries ,the         
amendments made by section #bjd apply   
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 actions by ,u4,s4 ,customs and     
,border ,protection resulting from an   
investigation specified in paragraph    
7#a7 or a review specified in paragraph 
7#b72 and  7#d7 civil actions1 criminal 
proceedings1 and other proceedings      

before a ,federal court relating to     
proceedings specified in paragraph 7#a7 
or 7#b7 or actions specified to in      
paragraph 7#c7 in which final judgment  
has not been entered on or before the   
date of the enactment of this ,act4