119-hr1548

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1548 Introduced in House

    (IH) ]

<DOC>

119th CONGRESS
 1st Session
 H. R. 1548

 To amend the Tariff Act of 1930 to improve the administration of 
 antidumping and countervailing duty laws, and for other purposes.

_______________________________________________________________________

 IN THE HOUSE OF REPRESENTATIVES

 February 24, 2025

 Ms. Van Duyne (for herself, Ms. Sewell, Mrs. Miller of West Virginia, 
 Mr. Moolenaar, Mr. Krishnamoorthi, Mr. Bost, Mr. Crawford, Mr. Rogers 
of Alabama, Mr. Balderson, Mr. Bergman, Mr. Carson, Mr. Ciscomani, Ms. 
 De La Cruz, Mr. Deluzio, Mrs. Dingell, Mr. Edwards, Mr. Finstad, Mrs. 
 Hinson, Ms. Houlahan, Mr. Johnson of Georgia, Ms. Kelly of Illinois, 
 Mr. Khanna, Mr. McGarvey, Mr. Moore of North Carolina, Mr. Mrvan, Mr. 
Nehls, Mr. Rulli, Ms. Scholten, Mrs. Sykes, Ms. Titus, and Mr. Veasey) 
 introduced the following bill; which was referred to the Committee on 
 Ways and Means

_______________________________________________________________________

 A BILL

 To amend the Tariff Act of 1930 to improve the administration of 
 antidumping and countervailing duty laws, and for other purposes.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Leveling the 
Playing Field 2.0 Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
 TITLE I--SUCCESSIVE INVESTIGATIONS

Sec. 101. Establishment of special rules for determination of material 
 injury in the case of successive 
 antidumping and countervailing duty 
 investigations.

Sec. 102. Initiation of successive antidumping and countervailing duty 
 investigations.

Sec. 103. Issuance of determinations with respect to successive 
 antidumping and countervailing duty 
 investigations.
 TITLE II--RESPONDING TO MARKET DISTORTIONS

Sec. 201. Addressing cross-border subsidies in countervailing duty 
 investigations.

Sec. 202. 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.

Sec. 203. Modification of adjustments to export price and constructed 
 export price with respect to duty drawback.

Sec. 204. Modification of determination of normal value to account for 
 distortions of costs that occur in foreign 
 countries.

Sec. 205. Special rules for calculation of cost of production and 
 constructed value to address distorted 
 costs.
 TITLE III--PREVENTING CIRCUMVENTION

Sec. 301. Modification of requirements in circumvention inquiries.

Sec. 302. Requirement of provision by importer of certification by 
 importer or other party.

Sec. 303. Clarification of authority for Department of Commerce 
 regarding merchandise covered by 
 antidumping and countervailing duty 
 proceedings.

Sec. 304. Asset requirements applicable to nonresident importers.
 TITLE IV--COUNTERING CURRENCY UNDERVALUATION

Sec. 401. Investigation or review of currency undervaluation under 
 countervailing duty law.

Sec. 402. Determination of benefit with respect to currency 
 undervaluation.
 TITLE V--PREVENTING DUTY EVASION

Sec. 501. Limitation on protest against decisions of U.S. Customs and 
 Border Protection of claims of evasion of 
 antidumping and countervailing duty orders.

Sec. 502. Procedures for investigating claims of evasion of safeguard 
 actions.

Sec. 503. Application of provisions relating to certain proprietary 
 information.
 TITLE VI--GENERAL PROVISIONS

Sec. 601. Application to Canada and Mexico.

Sec. 602. Effective date.

 TITLE I--SUCCESSIVE INVESTIGATIONS

SEC. 101. ESTABLISHMENT OF SPECIAL RULES FOR DETERMINATION OF MATERIAL 
 INJURY IN THE CASE OF SUCCESSIVE ANTIDUMPING AND 
 COUNTERVAILING DUTY INVESTIGATIONS.

    (a) In General.--

Section 771

    (7) of the Tariff Act of 1930 (19 
U.S.C. 1677

    (7) ) is amended--

    (1) by redesignating subparagraphs
        (E) through
        (J) as 
 subparagraphs
        (F) through
        (K) , respectively;

    (2) in subparagraph
            (I) , as redesignated by paragraph

    (1) --
        (A) by striking ``subparagraph
        (G)
            (ii) '' and 
 inserting ``subparagraph
        (H)
            (ii) ''; and
        (B) by striking ``subparagraph
        (F) '' and inserting 
 ``subparagraph
        (G) ''; and

    (3) by inserting after subparagraph
            (D) the following:
 ``
        (E) Special rules for successive 
 investigations.--
 ``
            (i) In general.--
 ``
            (I) Evaluation of impact on 
 domestic industry.--In evaluating the 
 impact of imports of the merchandise on 
 producers of domestic like products 
 under subparagraph
            (C) 
            (iii) , the 
 Commission shall--
 ``

    (aa) consider the 
 condition of the domestic 
 industry as found in a recently 
 completed investigation;
 ``

    (bb) consider the effect 
 of a concurrent investigation 
 or recently completed 
 investigation on trade and the 
 financial performance of the 
 domestic industry, 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 
 investigation; and
 ``
            (cc) include in the 
 record any prior injury 
 determinations by the 
 Commission with respect to 
 imports of the merchandise.
 ``
            (II) Effect of recent improvement 
 on material injury determination.--For 
 the purposes of this subparagraph, 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 performance, such as an 
 increase in sales, market share, or 
 profitability of domestic producers, 
 that are related to relief granted 
 pursuant to a concurrent investigation 
 or recently completed investigation.
 ``
            (ii) Retroactive application of final 
 determination.--In making any finding under 
 

section 705

    (b)

    (4)
        (A) or 735

    (b)

    (4)
        (A) in a 
 successive investigation, 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 706 or the antidumping duty order to be 
 issued under 

section 736 will be seriously 
 undermined.''.

    (b) 

=== Definitions. ===
-

Section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended by adding at the end the following:
 ``

    (37) Treatment of successive investigations.--For 
 purposes of paragraph

    (7)
        (E) and sections 702

    (f) , 732

    (f) , and 
 784:
 ``
        (A) Concurrent investigation.--The term 
 `concurrent investigation' means an ongoing 
 investigation in which an affirmative determination 
 under 

section 703

    (a) or 733

    (a) 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 investigation.
 ``
        (B) Recently completed investigation.--The term 
 `recently completed investigation' means a completed 
 investigation in which an affirmative determination 
 under 

section 705

    (b) or 735

    (b) 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 2 years 
 before the date of initiation of the successive 
 investigation.
 ``
            (C) Successive investigation.--The term 
 `successive investigation' means an investigation that 
 has been initiated by the administering authority 
 following a petition filed pursuant to 

section 702

    (f) or 732

    (f) .''.

SEC. 102. INITIATION OF SUCCESSIVE ANTIDUMPING AND COUNTERVAILING DUTY 
 INVESTIGATIONS.

    (a) Countervailing Duty Investigation.--

Section 702 of the Tariff 
Act of 1930 (19 U.S.C. 1671a) is amended by adding at the end the 
following:
 ``

    (f) Initiation by Administering Authority of Successive 
Countervailing Duty Investigation.--A successive investigation shall be 
initiated--
 ``

    (1) under subsection

    (a) , if--
 ``
        (A) the requirements under that subsection are 
 met with respect to imports of a class or kind of 
 merchandise; and
 ``
        (B) imports of the same or similar class or kind 
 of merchandise are or have been the subject of a 
 concurrent investigation or recently completed 
 investigation; or
 ``

    (2) under subsection

    (b) , if--
 ``
        (A) the determinations under clauses
            (i) and
            (ii) of subsection
            (c) (1)
        (A) are affirmative with respect to 
 imports of a class or kind of merchandise; and
 ``
        (B) imports of the same or similar class or kind 
 of merchandise are or have been the subject of a 
 concurrent investigation or recently completed 
 investigation.''.

    (b) Antidumping Duty Investigation.--

Section 732 of the Tariff Act 
of 1930 (19 U.S.C. 1673a) is amended by adding at the end the 
following:
 ``

    (f) Initiation by Administering Authority of Successive 
Antidumping Duty Investigation.--A successive investigation shall be 
initiated--
 ``

    (1) under subsection

    (a) , if--
 ``
        (A) the requirements under that subsection are 
 met with respect to imports of a class or kind of 
 merchandise; and
 ``
        (B) imports of the same or similar class or kind 
 of merchandise are or have been the subject of a 
 concurrent investigation or recently completed 
 investigation; or
 ``

    (2) under subsection

    (b) , if--
 ``
        (A) the determinations under clauses
            (i) and
            (ii) of subsection
            (c) (1)
        (A) are affirmative with respect to 
 imports of a class or kind of merchandise; and
 ``
        (B) imports of the same or similar class or kind 
 of merchandise are or have been the subject of a 
 concurrent investigation or recently completed 
 investigation.''.

SEC. 103. ISSUANCE OF DETERMINATIONS WITH RESPECT TO SUCCESSIVE 
 ANTIDUMPING AND COUNTERVAILING DUTY INVESTIGATIONS.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.) is amended by adding at the end the following:

``

SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE INVESTIGATIONS.

 ``

    (a) In General.--Notwithstanding any other provision of this 
title, the administering authority--
 ``

    (1) with respect to a successive investigation under 
 

section 702

    (f) --
 ``
        (A) shall issue a preliminary determination under 
 

section 703

    (b) not later than 85 days after initiating 
 the investigation;
 ``
        (B) may not postpone under 

section 703
            (c) such 
 deadline for the issuance of a preliminary 
 determination unless requested by the petitioner;
 ``
            (C) upon receipt of an allegation by the 
 petitioner pursuant to 

section 703

    (e) , shall make a 
 determination under 

section 703

    (e) with respect to the 
 investigation;
 ``
            (D) shall issue a final determination under 
 

section 705

    (a) not later than 75 days after issuing the 
 preliminary determination under subparagraph
        (A) ; and
 ``
        (E) shall extend the date of the final 
 determination under 

section 705

    (a) if requested by the 
 petitioner; and
 ``

    (2) with respect to a successive investigation under 
 

section 732

    (f) --
 ``
        (A) shall issue a preliminary determination under 
 

section 733

    (b) not later than 140 days after initiating 
 the investigation;
 ``
        (B) may not postpone under 

section 733
            (c) such 
 deadline for the issuance of a preliminary 
 determination unless requested by the petitioner;
 ``
            (C) upon receipt of an allegation by the 
 petitioner pursuant to 

section 733

    (e) , shall make a 
 determination under 

section 733

    (e) with respect to the 
 investigation;
 ``
            (D) shall issue a final determination under 
 

section 735

    (a) not later than 75 days after issuing the 
 preliminary determination under subparagraph
        (A) ; and
 ``
        (E) may extend the date of the final 
 determination under 

section 735

    (a)

    (2) if requested by 
 the petitioner.''.

    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930 is amended by inserting after the item relating to 

section 783 
the following:

``

Sec. 784. Determinations relating to successive investigations.''.

 TITLE II--RESPONDING TO MARKET DISTORTIONS

SEC. 201. ADDRESSING CROSS-BORDER SUBSIDIES IN COUNTERVAILING DUTY 
 INVESTIGATIONS.

    (a) In General.--

Section 701
            (d) of the Tariff Act of 1930 (19 
U.S.C. 1671
            (d) ) is amended--

    (1) in the subsection heading, by striking ``Treatment of 
 International Consortia'' and inserting ``Cumulation of Cross-
 Border Subsidies'';

    (2) by striking ``For purposes'' and inserting the 
 following:
 ``

    (1) International consortia and multinational 
 corporations.--For purposes'';

    (3) in paragraph

    (1) , as designated by paragraph

    (2) --
        (A) by inserting after ``in their respective home 
 countries,'' the following: ``or multinational 
 corporations that are engaged in the production of 
 subject merchandise receive countervailable subsidies 
 to assist, permit, or otherwise enable their production 
 or manufacturing operations in the country in which the 
 class or kind of merchandise is produced, exported, or 
 sold (or likely to be sold) for importation into the 
 United States,''; and
        (B) by inserting after ``the international 
 consortium'' the following: ``or multinational 
 corporation''; and

    (4) by adding at the end the following:
 ``

    (2) Transnational subsidies.--
 ``
        (A) In general.--For purposes of this subtitle, 
 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 
 manufacture, production, or export of a class or kind 
 of merchandise that is produced, exported, or sold (or 
 likely to be sold) for importation into the United 
 States from the territory of the subject country, and 
 the government of the subject country or any public 
 entity within the territory of the subject country 
 facilitates the provision of such subsidy, 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 subsidies, as well as countervailable 
 subsidies provided directly or indirectly by the 
 government or any public entity within the territory of 
 the subject country.
 ``
        (B) Application.--This paragraph shall be applied 
 in a manner consistent with the international 
 obligations of the United States.''.

    (b) 

=== Definitions. ===
-

Section 771 of the Tariff Act of 1930 (19 U.S.C. 
1677) is amended--

    (1) in paragraph

    (5A) , by inserting after subparagraph
            (D) the following:
 ``
        (E) Transnational subsidy.--In determining 
 whether a transnational subsidy is a specific subsidy, 
 in law or in fact, the administering authority shall 
 examine the situation in the subject country based on 
 subparagraphs
        (B) ,
            (C) , and
            (D) .'';

    (2) in paragraph

    (9) --
        (A) in subparagraph
        (F) , by striking ``and'' at the 
 end;
        (B) in subparagraph
        (G) , by striking the period at 
 the end and inserting ``, and''; and
            (C) by adding at the end the following:
 ``
        (H) in any proceeding under subtitle A involving 
 a transnational subsidy, the government of the third 
 country.''; and

    (3) by adding at the end the following:
 ``

    (38) Multinational corporation.--The term `multinational 
 corporation' means a person, firm, or corporation that owns or 
 controls, directly or indirectly, facilities for the production 
 of subject merchandise in two or more foreign countries.''.
            (c) Upstream Subsidies.--

Section 771A of the Tariff Act of 1930 (19 
U.S.C. 1677-1) is amended by adding at the end the following:
 ``
            (d) Multinational Corporations.--
 ``

    (1) In general.--This section shall apply to purchases of 
 input products by multinational corporations if--
 ``
        (A) the multinational corporation manufactures or 
 produces merchandise in a country that is the subject 
 of a countervailing duty proceeding;
 ``
        (B) 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 703

    (b)

    (1) or 705

    (a)

    (1) with respect to a 
 countervailable subsidy provided--
 ``
            (i) for the manufacture, production, or 
 exportation of that input product; or
 ``
            (ii) to that cross-owned company; and
 ``
            (C) in the judgment of the administering 
 authority, the countervailing subsidy described in 
 subparagraph
        (B) bestows a competitive benefit on that 
 merchandise.
 ``

    (2) 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

    (1)
        (B) , the administering authority is not precluded 
 from examining the subsidy under paragraph

    (1) .
 ``

    (3) Application.--This subsection shall be applied in a 
 manner consistent with the international obligations of the 
 United States.
 ``

    (4) === Definitions. ===
-In this subsection:
 ``
        (A) Cross-owned company; multinational 
 corporation.--The terms `cross-owned company' and 
 `multinational corporation' have the meanings given 
 those terms as defined by the administering authority 
 by regulation.
 ``
        (B) Upstream subsidy.--The term `upstream 
 subsidy' has the meaning given that term in subsection

    (a) , except that the term shall include an export 
 subsidy.''.

SEC. 202. 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 771

    (15) of the Tariff Act of 1930 (19 U.S.C. 1677

    (15) ) is 
amended by adding at the end the following:
 ``
            (D) Situations in which the quantity of a foreign 
 like product selected for comparison under 

section 771

    (16) is insufficient to establish a proper 
 comparison to the export price or constructed export 
 price.''.

SEC. 203. MODIFICATION OF ADJUSTMENTS TO EXPORT PRICE AND CONSTRUCTED 
 EXPORT PRICE WITH RESPECT TO DUTY DRAWBACK.

 

Section 772
            (c) (1)
        (B) of the Tariff Act of 1930 (19 U.S.C. 
1677a
            (c) (1)
        (B) ) is amended--

    (1) by striking ``any''; and

    (2) by inserting after ``United States'' the following: ``, 
 but that amount shall not exceed the per unit amount of such 
 duties contained in the weighted average cost of production''.

SEC. 204. MODIFICATION OF DETERMINATION OF NORMAL VALUE TO ACCOUNT FOR 
 DISTORTIONS OF COSTS THAT OCCUR IN FOREIGN COUNTRIES.

    (a) Normal Value.--

    (1) In general.--

Section 773

    (b)

    (3) of the Tariff Act of 
 1930 (19 U.S.C. 1677b

    (b)

    (3) ) is amended--
        (A) in subparagraph
        (A) , by striking ``business'' 
 and inserting ``trade''; and
        (B) in the matter following subparagraph
            (C) , by 
 inserting before ``For purposes'' the following: ``For 
 purposes of subparagraph
        (A) , 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 trade, the administering authority 
 may use another calculation methodology under this 
 subtitle or any other calculation methodology.''.

    (2) Reflection of costs of production.--

Section 773

    (e) of 
 the Tariff Act of 1930 (19 U.S.C. 1677b

    (e) ) is amended, in the 
 first sentence of the flush text after paragraph

    (3) , by 
 striking ``accurately'' and inserting ``reasonably''.

    (b) Modification of Definition of Ordinary Course of Trade.--

Section 771

    (15) of the Tariff Act of 1930 (19 U.S.C. 1677

    (15)
            (C) ), as 
amended by 

section 202 of this Act, is further amended--

    (1) by redesignating subparagraphs
        (A) through
            (D) as 
 clauses
            (i) through
            (iv) , respectively, and moving those 
 clauses, as so redesignating, two ems to the right;

    (2) by striking ``The term'' and inserting the following:
 ``
        (A) In general.--The term'';

    (3) in subparagraph
        (A) , as designated by paragraph

    (2) , in 
 clause
            (iii) , as redesignated by paragraph

    (1) --
        (A) by striking ``that the particular market 
 situation prevents'' and inserting ``that a particular 
 market situation exists that--
 ``
            (I) prevents'';
        (B) in subclause
            (I) , as designated by subparagraph
        (A) , by striking the period at the end and inserting 
 ``, relating to normal value determined under 
 subsection

    (a) of 

section 773; or''; and
            (C) by adding at the end the following:
 ``
            (II) distorts costs of 
 production, relating to normal value 
 determined under subsections

    (b) and

    (e) of 

section 773.''; and

    (4) by adding at the end the following:
 ``
        (B) Cost of production.--For purposes of making a 
 determination under subparagraph
        (A)
            (iii) 
            (II) with 
 respect to subject merchandise, 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 trade.''.
            (c) Definition of Particular Market Situation.--

Section 771 of the 
Tariff Act of 1930 (19 U.S.C. 1677), as amended by sections 101

    (b) and 
201

    (b)

    (3) , is further amended by adding at the end the following:
 ``

    (39) Particular market situation.--
 ``
        (A) 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 merchandise.
 ``
        (B) Distortion of costs of production.--
 ``
            (i) 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
        (A) include the following 
 circumstances:
 ``
            (I) 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 input.
 ``
            (II) A foreign government, a 
 state-owned enterprise, or any other 
 public body is the predominant producer 
 or supplier of an input into the 
 production of subject merchandise.
 ``
            (III) A foreign government 
 intervenes in the market for an input 
 into the production of subject 
 merchandise.
 ``
            (IV) A foreign government limits 
 exports of an input into the production 
 of subject merchandise.
 ``
            (V) A foreign government imposes 
 export taxes on an input into the 
 production of subject merchandise.
 ``
            (VI) A foreign government exempts 
 an importer, producer, 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 merchandise.
 ``
            (VII) A foreign government 
 rebates duties or taxes paid by an 
 importer, producer, or exporter of 
 subject merchandise associated with 
 trade remedies established by the 
 foreign government related to an input 
 into the production of subject 
 merchandise.
 ``
            (VIII) A foreign government 
 provides financial assistance or 
 support to the producer or exporter of 
 subject merchandise, or to a producer 
 or supplier of an input into the 
 production of subject merchandise.
 ``
            (IX) A foreign government takes 
 action that influences the production 
 of subject merchandise or an input into 
 the production of subject merchandise, 
 such as domestic content and technology 
 transfer requirements.
 ``
            (X) A foreign government does not 
 enforce its property (including 
 intellectual property), human rights, 
 labor, or environmental protection laws 
 and policies, or those laws and 
 policies are otherwise shown to be 
 ineffective with respect to either a 
 producer or exporter of subject 
 merchandise, or to a producer or 
 supplier of an input into the 
 production of subject merchandise in 
 the subject country.
 ``
            (XI) A foreign government does 
 not implement property (including 
 intellectual property), human rights, 
 labor, or environmental protection laws 
 and policies.
 ``
            (XII) 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 principles, such as 
 through a strategic alliance or 
 noncompetitive arrangement.
 ``
            (ii) Distortions caused by particular 
 market situations need not be quantified.--If 
 the administering authority determines the 
 existence of a particular market situation 
 under subparagraph
        (A) but cannot measure the 
 distortions caused by that particular market 
 situation on prices or costs in the exporting 
 country, 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 calculations.
 ``
            (iii) Particular market situations may 
 exist in multiple countries.--
 ``
            (I) In general.--The same market 
 situation, or a similar market 
 situation, 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 country.
 ``
            (II) No limitation.--There is no 
 limitation to the number of products or 
 parties that may be impacted by a 
 particular market situation.
 ``
            (C) Other factors.--In finding that a particular 
 market situation exists, or in using another 
 calculation methodology under this paragraph, the 
 administering authority is not required to consider--
 ``
            (i) 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 
 circumstances;
 ``
            (ii) 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 
 country; or
 ``
            (iii) the length of time that the 
 particular market situation or any of its 
 contributing circumstances has existed.''.

SEC. 205. SPECIAL RULES FOR CALCULATION OF COST OF PRODUCTION AND 
 CONSTRUCTED VALUE TO ADDRESS DISTORTED COSTS.

 

Section 773

    (f)

    (3) of the Tariff Act of 1930 (19 U.S.C. 1677b

    (f)

    (3) ) 
is amended--

    (1) by striking ``If, in the case'' and inserting the 
 following:
 ``
        (A) Major inputs from affiliated persons.--If, in 
 the case''; and

    (2) by adding at the end the following:
 ``
        (B) Major inputs from certain unaffiliated 
 persons.--
 ``
            (i) In general.--In the case of a 
 transaction between the exporter or producer of 
 the merchandise and any unaffiliated person 
 described in clause
            (ii) involving a major 
 input to the merchandise, 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
            (ii) if that amount 
 is greater than the amount reflected in the 
 records of the exporter or producer of the 
 merchandise.
 ``
            (ii) Unaffiliated persons described.--An 
 unaffiliated person described in this clause 
 is--
 ``
            (I) any person in a nonmarket 
 economy country;
 ``
            (II) any producer, exporter, or 
 supplier of the input described in 
 clause
            (i) found by the administering 
 authority, or by any investigating 
 authority of a third country, 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
            (i) received a countervailable 
 subsidy;
 ``
            (III) any producer, exporter, or 
 supplier of the input described in 
 clause
            (i) found by the administering 
 authority, 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
            (i) for less than fair market 
 value into the subject country;
 ``
            (IV) a government or public body 
 within the territory of the exporting 
 country or any other country; or
 ``
            (V) a group of governments or 
 public bodies, or a combination 
 thereof, that collectively account for 
 a meaningful share of the production of 
 the input described in clause
            (i) .
 ``
            (iii) Application.--Subclauses
            (I) ,
            (II) , 
 and
            (III) of clause
            (ii) shall not apply to 
 inputs described in clause
            (i) that are 
 produced in the exporting country.''.

 TITLE III--PREVENTING CIRCUMVENTION

SEC. 301. MODIFICATION OF REQUIREMENTS IN CIRCUMVENTION INQUIRIES.

    (a) In General.--

Section 781 of the Tariff Act of 1930 (19 U.S.C. 
1677j) is amended by striking subsection

    (f) and inserting the 
following:
 ``

    (f) Procedures for Conducting Circumvention Inquiries.--
 ``

    (1) Initiation by administering authority.--A 
 circumvention inquiry shall be initiated whenever the 
 administering authority determines, from information available 
 to it, that a formal inquiry is warranted into the question of 
 whether the elements necessary for a determination under this 
 section exist.
 ``

    (2) Initiation by inquiry request.--
 ``
        (A) 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 section, accompanied by 
 information reasonably available to the requestor 
 supporting those allegations.
 ``
        (B) Rules.--The administering authority shall 
 specify requirements for the contents and service of an 
 inquiry request under subparagraph
        (A) .
 ``
            (C) 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 inquiry, except for 
 communications regarding the status of the 
 consideration of the inquiry request.
 ``

    (3) Action with respect to inquiry request.--
 ``
        (A) In general.--Subject to subparagraph
        (B) , not 
 later than 45 days after the filing of an inquiry 
 request under paragraph

    (2)
        (A) , the administering 
 authority shall--
 ``
            (i) initiate a circumvention inquiry;
 ``
            (ii) dismiss the inquiry request as 
 inadequate and notify the requestor in writing 
 of the reasons for the dismissal; or
 ``
            (iii) notify all interested parties that 
 the inquiry request will be addressed through a 
 determination under 

section 781A 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 order.
 ``
        (B) Extension.--The administering authority may 
 extend the deadline under subparagraph
        (A) by a period 
 not to exceed 15 days if an interested party has placed 
 information on the record in response to the request 
 for a circumvention inquiry.
 ``

    (4) Determinations.--
 ``
        (A) Preliminary determinations.--
 ``
            (i) In general.--Except as provided in 
 clause
            (ii) , not later than 150 days after the 
 date on which the administering authority 
 initiates a circumvention inquiry under 
 paragraph

    (1) or

    (3)
        (A) , the administering 
 authority shall make a preliminary 
 determination, based on the information 
 available to it at the time of the 
 determination, 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 order.
 ``
            (ii) Extension.--The administering 
 authority may extend the deadline under clause
            (i) by a period not to exceed 60 days.
 ``
        (B) Final determinations.--
 ``
            (i) In general.--Except as provided in 
 clause
            (ii) , not later than 150 days after 
 issuing a preliminary determination under 
 subparagraph
        (A) with respect to a 
 circumvention inquiry, 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 order.
 ``
            (ii) Extension.--The administering 
 authority may extend the deadline under clause
            (i) by a period not to exceed 65 days.
 ``
            (C) Other class or kind determinations.--If an 
 inquiry request under paragraph

    (2)
        (A) is addressed 
 through a class or kind determination under 

section 781A, the administering authority shall make such 
 determination not later than 335 days after the filing 
 of the inquiry request.
 ``

    (5) Rule of construction.--Nothing in this section shall 
 be construed to prevent the administering authority from 
 simultaneously initiating a circumvention inquiry under 
 paragraph

    (1) or

    (3)
        (A) and issuing a preliminary determination 
 under paragraph

    (4)
        (A) .''.

    (b) Suspension of Liquidation and Collection of Deposits of Entries 
Subject to Circumvention Inquiry.--

Section 781 of the Tariff Act of 
1930 is further amended by adding at the end the following:
 ``

    (g) Suspension of Liquidation and Collection of Deposits of 
Entries Subject to Circumvention Inquiry.--
 ``

    (1) Initiation.--If the administering authority initiates 
 a circumvention inquiry under paragraph

    (1) or

    (3)
        (A) of 
 subsection

    (f) , for each unliquidated entry of merchandise 
 subject to the circumvention inquiry that was already subject 
 to the suspension of liquidation, the administering authority 
 shall order--
 ``
        (A) the continued suspension of liquidation of 
 such entry; and
 ``
        (B) the continued posting of a cash deposit, at 
 the prevailing all-others or country-wide rate, for 
 each such entry.
 ``

    (2) Preliminary determination.--If the administering 
 authority issues a preliminary affirmative determination under 
 paragraph

    (4)
        (A) of subsection

    (f) with respect to a 
 circumvention inquiry initiated under paragraph

    (1) or

    (3)
        (A) of that subsection, the administering authority shall order--
 ``
        (A) the continued suspension of liquidation for 
 each unliquidated entry of merchandise subject to the 
 circumvention inquiry that was already subject to the 
 suspension of liquidation;
 ``
        (B) the suspension of liquidation for each 
 unliquidated entry of merchandise subject to the 
 circumvention inquiry not yet suspended that is 
 entered, or withdrawn from warehouse, for consumption 
 on or after the date of publication of the notice of 
 initiation of the circumvention inquiry;
 ``
            (C) the suspension of liquidation for each entry 
 of merchandise subject to the circumvention inquiry not 
 yet suspended that is entered, or withdrawn from 
 warehouse, for consumption before the date of 
 publication of the notice of initiation of the 
 circumvention inquiry if the administering authority 
 determines, under the circumstances, that suspension 
 under this subparagraph is warranted; and
 ``
            (D) the posting, or continued posting, of a cash 
 deposit in an amount equal to the antidumping duty or 
 countervailing duty applicable for each entry of 
 merchandise described in subparagraph
        (A) ,
        (B) , or
            (C) .
 ``

    (3) Final determination.--If the administering authority 
 issues a final affirmative determination under paragraph

    (4)
        (B) of subjection

    (f) with respect to a circumvention inquiry 
 initiated under paragraph

    (1) or

    (3)
        (A) of that subsection, the 
 administering authority shall order--
 ``
        (A) the continued suspension of liquidation for 
 each unliquidated entry of merchandise subject to the 
 circumvention inquiry that was already subject to the 
 suspension of liquidation;
 ``
        (B) the suspension of liquidation of each entry 
 of merchandise subject to the circumvention inquiry 
 that is entered, or withdrawn from warehouse, for 
 consumption on or after the date of publication of the 
 notice of initiation of the circumvention inquiry;
 ``
            (C) the suspension of liquidation of each entry 
 of merchandise subject to the circumvention inquiry 
 that is entered, or withdrawn from warehouse, for 
 consumption before the date of publication of the 
 notice of initiation of circumvention inquiry if the 
 administering authority determines, under the 
 circumstances, that suspension under this subparagraph 
 is warranted; and
 ``
            (D) the posting, or continued posting, of a cash 
 deposit in an amount equal to the antidumping duty or 
 countervailing duty applicable for each entry of 
 merchandise described in subparagraph
        (A) ,
        (B) , or
            (C) .
 ``

    (4) 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 781A.
 ``

    (h) Application of Circumvention Determination.--
 ``

    (1) 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
        (A) or
        (B) of 
 subsection

    (f)

    (4) .
 ``

    (2) Remedies considered.--Remedies considered under 
 paragraph

    (1) may include the following:
 ``
        (A) The application of the determination 
 described in paragraph

    (1) on a producer-specific, 
 exporter-specific, or importer-specific basis, or some 
 combination thereof, and, as the administering 
 authority determines appropriate, the implementation of 
 a certification requirement under 

section 785.
 ``
        (B) The application of the determination 
 described in paragraph

    (1) on a countrywide basis to 
 all merchandise from a particular country, regardless 
 of producer, exporter, or importer of that merchandise, 
 and, as the administering authority determines 
 appropriate, the implementation of a certification 
 requirement under 

section 785.
 ``

    (3) Exemption for merchandise under certification.--If a 
 certification requirement under 

section 785 is implemented 
 under this subsection and the importer or other party to which 
 the requirement is applied complies with that requirement, 
 antidumping and countervailing duties under this title may not 
 be applied to the merchandise under certification.''.
            (c) Publication in the Federal Register.--

Section 777
            (i) of the 
Tariff Act of 1930 (19 U.S.C. 1677f
            (i) ) is amended by adding at the end 
the following:
 ``

    (4) Circumvention inquiries.--Whenever the administering 
 authority makes a determination under 

section 781 whether to 
 initiate a circumvention inquiry or makes a preliminary or 
 final determination under subsection

    (f)

    (4) of that section, 
 the administering authority shall publish the facts and 
 conclusions supporting that determination and shall publish 
 notice of that determination in the Federal Register.''.
            (d) Adding Verification Responses in Circumvention Inquiries.--

Section 782
            (i) of the Tariff Act of 1930 (19 U.S.C. 1677m
            (i) ) is 
amended--

    (1) in paragraph

    (2) , by striking ``and'' at the end;

    (2) in paragraph

    (3)
        (B) , by striking the period at the end 
 and inserting ``, and''; and

    (3) by adding at the end the following:
 ``

    (4) a final determination in a circumvention inquiry 
 conducted pursuant to 

section 781 if good cause for 
 verification is shown.''.

SEC. 302. REQUIREMENT OF PROVISION BY IMPORTER OF CERTIFICATION BY 
 IMPORTER OR OTHER PARTY.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.), as amended by 

section 103

    (a) , is further 
amended by adding at the end the following:

``

SEC. 785. REQUIREMENT FOR CERTIFICATION BY IMPORTER OR OTHER PARTY.

 ``

    (a) Requirement.--
 ``

    (1) In general.--For imports of merchandise into the 
 customs territory of the United States, the administering 
 authority may require an importer or other party--
 ``
        (A) to provide a certification described in 
 paragraph

    (2) at the time of entry or with the entry 
 summary;
 ``
        (B) to maintain that certification; or
 ``
            (C) to otherwise demonstrate compliance with the 
 requirements for that certification.
 ``

    (2) Certification described.--A certification described 
 in this paragraph is a certification by the importer of the 
 merchandise or other party, as required by the administering 
 authority, including a certification that--
 ``
        (A) the merchandise is not subject to an 
 antidumping or countervailing duty proceeding under 
 this title; and
 ``
        (B) the inputs used in production, 
 transformation, or processing of the merchandise are 
 not subject to an antidumping or countervailing duty 
 under this title.
 ``

    (3) Available upon request.--A certification required by 
 the administering authority under paragraph

    (1) , if not already 
 provided, shall be made available upon request to the 
 administering authority or the Commissioner of U.S. Customs and 
 Border Protection (in this section referred to as the 
 `Commissioner').
 ``

    (b) Authority To Suspend Liquidation, Collect Cash Deposits and 
Assess Duties.--
 ``

    (1) In general.--If the administering authority requires 
 an importer or other party to provide a certification described 
 in paragraph

    (2) of subsection

    (a) for merchandise imported 
 into the customs territory of the United States pursuant to 
 paragraph

    (1) of that subsection, and the importer or other 
 party does not provide that certification or that certification 
 contains any false, misleading, or fraudulent statement or 
 representation or any material omission, the administering 
 authority shall instruct the Commissioner--
 ``
        (A) to suspend liquidation of the entry;
 ``
        (B) 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 merchandise; and
 ``
            (C) to assess the appropriate rate of duty upon 
 liquidation or reliquidation of the entry.
 ``

    (2) Assessment rate.--If no rate of duty for an entry is 
 available at the time of assessment under paragraph

    (1)
            (C) , the 
 administering authority shall identify the applicable cash 
 deposit rate to be applied to the entry, with the applicable 
 duty rate to be provided as soon as the duty rate becomes 
 available.
 ``
            (c) Penalties.--If the administering authority requires an 
importer or other party to provide a certification described in 
paragraph

    (2) of subsection

    (a) for merchandise imported into the 
customs territory of the United States pursuant to paragraph

    (1) of 
that subsection, and the importer or other party does not provide that 
certification or that certification contains any false, misleading, or 
fraudulent statement or representation or any material omission, the 
importer of the merchandise may be subject to a penalty pursuant to 

section 592 of this Act, 

section 1001 of title 18, United States Code, 
or any other applicable provision of law.''.

    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930, as amended by 

section 103

    (b) , is further amended by inserting 
after the item relating to 

section 784 the following:

``

Sec. 785. Requirement for certification by importer or other 
 party.''.

SEC. 303. CLARIFICATION OF AUTHORITY FOR DEPARTMENT OF COMMERCE 
 REGARDING MERCHANDISE COVERED BY ANTIDUMPING AND 
 COUNTERVAILING DUTY PROCEEDINGS.

    (a) In General.--Subtitle D of title VII of the Tariff Act of 1930 
(19 U.S.C. 1677 et seq.) is amended by inserting after 

section 781 the 
following:

``

SEC. 781A. DETERMINATIONS OF MERCHANDISE COVERED UNDER ANTIDUMPING OR 
 COUNTERVAILING DUTY PROCEEDING.

 ``

    (a) In General.--To determine whether merchandise imported into 
the United States is covered by an antidumping or countervailing duty 
proceeding under this title, the administering authority may use any 
reasonable method and is not bound by the determinations of any other 
Federal agency, including tariff classification and country of origin 
marking rulings issued by the Commissioner of U.S. Customs and Border 
Protection.
 ``

    (b) Class or Kind of Merchandise.--For purposes of this title, 
determinations regarding whether merchandise is the same class or kind 
may be made under this section or under 

section 781 in accordance with 
the criteria set forth in this section or in 

section 781, as the case 
may be.
 ``
            (c) Origin of Merchandise.--To determine the origin of 
merchandise for purposes of an antidumping or countervailing duty 
proceeding under this title, the administering authority may apply any 
reasonable method and may consider relevant factors, including--
 ``

    (1) whether the processed downstream product is a 
 different class or kind of merchandise than the upstream 
 product;
 ``

    (2) the physical characteristics of the merchandise;
 ``

    (3) the intended end use of the downstream product;
 ``

    (4) the cost of production and the value added of further 
 processing in a third country or countries;
 ``

    (5) the nature and sophistication of processing in a 
 third country or countries;
 ``

    (6) the level of investment in a third country or 
 countries; and
 ``

    (7) any other factors that the administering authority 
 considers appropriate, including whether an essential 
 characteristic of the merchandise, or an essential component 
 thereof, is substantially transformed in the country of 
 exportation.''.

    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930 is amended by inserting after the item relating to 

section 781 
the following:

``

Sec. 781A. Determinations of merchandise covered under antidumping or 
 countervailing duty proceeding.''.
            (c) Reviewable Determinations.--

Section 516A

    (a)

    (2)
        (A) of the Tariff 
Act of 1930 (19 U.S.C. 1516a

    (a)

    (2)
        (A) ) is amended--

    (1) in clause
            (i) 
            (I) , by striking ``
            (iv) ,''; and

    (2) by amending clause
            (ii) to read as follows:
 ``
            (ii) the date of publication in the 
 Federal Register of notice of a determination 
 described in clause
            (iv) of subparagraph
        (B) or, if no such notice is published, the date on 
 which the administering authority conveys a 
 copy of such determination to an interested 
 party who is a party to the proceeding,''.

SEC. 304. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.

    (a) In General.--Part III of title IV of the Tariff Act of 1930 (19 
U.S.C. 1481 et seq.) is amended by inserting after 

section 484b the 
following:

``

SEC. 484C. ASSET REQUIREMENTS APPLICABLE TO NONRESIDENT IMPORTERS.

 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Importer; nonresident importer.--The terms `importer' 
 and `nonresident importer' have the meanings given those terms 
 in 

section 641
            (i) .
 ``

    (2) Resident importer.--The term `resident importer' 
 means any importer other than a nonresident importer.
 ``

    (b) Requirements for Nonresident Importers.--Except as provided 
in subsection
            (c) , the Commissioner of U.S. Customs and Border 
Protection shall--
 ``

    (1) 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 merchandise; and
 ``

    (2) 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
            (c) .
 ``
            (c) Determination of Amount of Assets Required To Be 
Maintained.--For purposes of subsection

    (b)

    (1) , 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 amount, calculated using 
the fair market value of the merchandise, of all duties, fees, 
interest, taxes, or other charges, and all deposits for duties, fees, 
interest, taxes, or other charges, 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 country.
 ``
            (d) Maintenance of Assets in the United States.--
 ``

    (1) In general.--For purposes of subsection

    (b)

    (1) , a 
 nonresident importer of merchandise meets the requirement to 
 maintain assets in the United States if the importer has clear 
 title, at all times between the entry of the merchandise and 
 the liquidation of the entry, to assets described in paragraph

    (2) with a value equal to the amount determined under 
 subsection
            (c) .
 ``

    (2) Assets described.--An asset described in this 
 paragraph is--
 ``
        (A) an asset held by a United States financial 
 institution;
 ``
        (B) an interest in an entity organized under the 
 laws of the United States or any jurisdiction within 
 the United States; or
 ``
            (C) an interest in real or personal property 
 located in the United States or any territory or 
 possession of the United States.
 ``

    (e) Exceptions.--The requirements of this section shall not apply 
with respect to a nonresident importer--
 ``

    (1) that is a validated Tier 2 or Tier 3 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 2006 (6 U.S.C. 961 et 
 seq.); or
 ``

    (2) if the Commissioner is satisfied, based on certified 
 information supplied by the importer and any other relevant 
 evidence, 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 importer.
 ``

    (f) Procedures.--The Commissioner shall prescribe procedures for 
assuring that nonresident importers maintain the assets required by 
subsection

    (b) .
 ``

    (g) Penalties.--
 ``

    (1) In general.--It shall be unlawful for any person to 
 import into the United States any merchandise in violation of 
 this section.
 ``

    (2) Civil penalties.--Any person who violates paragraph

    (1) shall--
 ``
        (A) in the case of merchandise described in such 
 paragraph with a domestic value that is equal to or 
 greater than $50,000, be liable for a civil penalty of 
 $50,000 for each such violation; or
 ``
        (B) in the case of merchandise described in such 
 paragraph with a domestic value that is less than 
 $50,000, be liable for a civil penalty equal to 50 
 percent of the amount of such domestic value for each 
 such violation.
 ``

    (3) Other penalties.--In addition to the penalties 
 specified in paragraph

    (2) , any violation of this section that 
 violates any other provision of the customs and trade laws of 
 the United States (as defined in 

section 2 of the Trade 
 Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 
 4301)) shall be subject to any applicable civil or criminal 
 penalty, including seizure and forfeiture, that may be imposed 
 under that provision or title 18, United States Code.''.

    (b) Clerical Amendment.--The table of contents for the Tariff Act 
of 1930 is amended by inserting after the item relating to 

section 484b 
the following:

``

Sec. 484c. Asset requirements applicable to nonresident importers.''.
            (c) Effective Date and Application.--

    (1) In general.--

Section 484c of the Tariff Act of 1930, as 
 added by subsection

    (a) --
        (A) takes effect on the date of the enactment of 
 this Act; and
        (B) applies with respect to merchandise entered, or 
 withdrawn from warehouse for consumption, on or after 
 the date that is 180 days after such date of enactment.

    (2) Deadline for procedures.--The Commissioner of U.S. 
 Customs and Border Protection shall ensure the procedures 
 required under subsection

    (f) of 

section 484c of the Tariff Act 
 of 1930, as added by subsection

    (a) , are prescribed and in 
 effect not later than 90 days after the date of the enactment 
 of this Act.

 TITLE IV--COUNTERING CURRENCY UNDERVALUATION

SEC. 401. INVESTIGATION OR REVIEW OF CURRENCY UNDERVALUATION UNDER 
 COUNTERVAILING DUTY LAW.

 

Section 702
            (c) of the Tariff Act of 1930 (19 U.S.C. 1671a
            (c) ) is 
amended by adding at the end the following:
 ``

    (6) Currency undervaluation.--For purposes of a 
 countervailing duty investigation under this subtitle in which 
 the determinations under clauses
            (i) and
            (ii) of paragraph

    (1)
        (A) 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
            (i) of that paragraph, or for 
 purposes of a review under subtitle C with respect to a 
 countervailing duty order involving such an allegation, 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 providing, directly or indirectly, a countervailable 
 subsidy.''.

SEC. 402. DETERMINATION OF BENEFIT WITH RESPECT TO CURRENCY 
 UNDERVALUATION.

 

Section 771

    (5)
        (E) of the Tariff Act of 1930 (19 U.S.C. 1677

    (5)
        (E) ) 
is amended--

    (1) in clause
            (iii) , by striking ``, and'' and inserting a 
 comma;

    (2) in clause
            (iv) , by striking the period at the end and 
 inserting ``, and'';

    (3) by inserting after clause
            (iv) the following:
 ``
            (v) in the case of an exchange of an 
 undervalued currency under a unified exchange 
 rate, 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 currency.''; and

    (4) in the flush text following clause
            (v) , as added by 
 paragraph

    (3) , by adding at the end the following: ``For 
 purposes of clause
            (v) , 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 rates, and 
 whether there is government action on the exchange rate that 
 contributes to an undervaluation of the currency.''.

 TITLE V--PREVENTING DUTY EVASION

SEC. 501. LIMITATION ON PROTEST AGAINST DECISIONS OF U.S. CUSTOMS AND 
 BORDER PROTECTION OF CLAIMS OF EVASION OF ANTIDUMPING AND 
 COUNTERVAILING DUTY ORDERS.

    (a) Expansion of Limitation.--

Section 514

    (b) of the Tariff Act of 
1930 (19 U.S.C. 1514

    (b) ) is amended--

    (1) by striking ``title, determinations'' and inserting 
 ``title, or with respect to determinations made under 

section 517 of this title which are reviewable under 

section 517

    (g) , 
 determinations''; and

    (2) by inserting after ``a determination listed in 

section 516A of this title'' the following: ``or a determination listed 
 in 

section 517 of this title, as the case may be,''.

    (b) Rule of Construction on Investigation of Claims of Evasion.--

Section 517

    (h) of the Tariff Act of 1930 (19 U.S.C. 1517

    (h) ) is amended 
by inserting before the period at the end the following: ``, except 
that any decision as to the liquidation or reliquidation of an entry of 
covered merchandise in accordance with a determination under subsection
            (c) and review under subsection

    (f) , if applicable, shall not be 
subject to a protest of such decision filed in accordance with 

section 514''.

SEC. 502. PROCEDURES FOR INVESTIGATING CLAIMS OF EVASION OF SAFEGUARD 
 ACTIONS.

    (a) Tariff Act of 1930.--

Section 517 of the Tariff Act of 1930 (19 
U.S.C. 1517) is amended--

    (1) in the section heading, by inserting ``and safeguard 
 actions'' after ``orders'';

    (2) in subsection

    (a) --
        (A) in paragraph

    (3) --
            (i) in subparagraph
        (A) , by striking ``or'' 
 at the end;
            (ii) in subparagraph
        (B) , by striking the 
 period at the end and inserting ``; or''; and
            (iii) by adding at the end the following:
 ``
            (C) an action taken under 

section 203 of the 
 Trade Act of 1974 (19 U.S.C. 2253).''; and
        (B) in paragraph

    (5)
        (A) , by inserting after 
 ``applicable antidumping or countervailing duties'' the 
 following: ``or any applicable safeguard action'';

    (3) in subsection

    (b)

    (4) , in subparagraphs
        (A) and
        (B) , by 
 inserting after ``covered merchandise'' each place it appears 
 the following: ``under subparagraph
        (A) or
        (B) of subsection

    (a)

    (3) '';

    (4) in subsection
            (d) (1) --
        (A) in subparagraph
            (C) --
            (i) in the matter preceding clause
            (i) , by 
 inserting after ``
            (C) '' the following: ``if the 
 determination relates to covered merchandise 
 under subparagraph
        (A) or
        (B) of subsection

    (a)

    (3) ,''; and
            (ii) in clause
            (i) , by inserting ``of this 
 paragraph'' after ``subparagraphs
        (A) and
        (B) ''; and
        (B) in subparagraph
            (D) --
            (i) by inserting after ``
            (D) '' the 
 following: ``if the determination relates to 
 covered merchandise under subparagraph
        (A) or
        (B) of subsection

    (a)

    (3) ,''; and
            (ii) by inserting ``of this paragraph'' 
 after ``subparagraphs
        (A) and
        (B) ''.

    (b) Trade Facilitation and Trade Enforcement Act of 2015.--The 
Trade Facilitation and Trade Enforcement Act of 2015 is amended--

    (1) in 

section 402 (19 U.S.C. 4361)--
        (A) in paragraph

    (2) --
            (i) in subparagraph
        (A) , by striking ``or'' 
 at the end;
            (ii) in subparagraph
        (B) , by striking the 
 period at the end and inserting ``; or''; and
            (iii) by adding at the end the following:
 ``
            (C) an action taken under 

section 203 of the 
 Trade Act of 1974 (19 U.S.C. 2253).'';
        (B) in paragraph

    (5) , by inserting after 
 ``applicable antidumping or countervailing duties'' the 
 following: ``or any applicable safeguard action''; and
            (C) in paragraph

    (7) , by inserting before the 
 period at the end the following: ``and chapter 1 of 
 title II of the Trade Act of 1974 (19 U.S.C. 2251 et 
 seq.)''; and

    (2) in 

section 412 (19 U.S.C. 4372)--
        (A) in subsection

    (a)

    (2) --
            (i) by redesignating subparagraphs
        (A) ,
        (B) , and
            (C) as subparagraphs
        (B) ,
            (C) , and
            (D) , respectively; and
            (ii) by inserting before subparagraph
        (B) , 
 as redesignated by clause
            (i) , the following:
 ``
        (A) a person reasonably suspected of entering 
 covered merchandise into the customs territory of the 
 United States through evasion;''; and
        (B) in subsection

    (b)

    (1) --
            (i) in subparagraph
        (B) --
            (I) by redesignating clauses
            (i) ,
            (ii) , and
            (iii) as clauses
            (ii) ,
            (iii) , 
 and
            (iv) , respectively; and
            (II) by inserting before clause
            (ii) , as redesignated by subclause
            (I) , 
 the following:
 ``
            (i) a person from whom information was 
 requested pursuant to subsection

    (a)

    (2)
        (A) ;''; 
 and
            (ii) in subparagraph
            (C) , by striking 
 ``clause
            (ii) or
            (iii) '' and inserting ``clause
            (i) ,
            (iii) , or
            (iv) ''.

SEC. 503. APPLICATION OF PROVISIONS RELATING TO CERTAIN PROPRIETARY 
 INFORMATION.

    (a) In General.--

Section 517 of the Tariff Act of 1930 (19 U.S.C. 
1517), as amended by 

section 502

    (a) , is further amended by adding at 
the end the following:
 ``
            (i) Application of Provisions Relating to Certain Proprietary 
Information.--
 ``

    (1) In general.--Except as provided in paragraph

    (2) , 
 subsections

    (b) ,
            (c) , and
            (d) of 

section 777, relating to 
 information submitted in connection with proceedings under 
 title VII, 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 VII.
 ``

    (2) Exceptions.--In carrying out paragraph

    (1) , 
 subsections

    (b) ,
            (c) , and
            (d) of 

section 777 shall be applied 
 and administered as follows:
 ``
        (A) By substituting `the Commissioner' for each 
 of the following terms each place those terms appear:
 ``
            (i) `the administering authority or the 
 Commission'.
 ``
            (ii) `the administering authority and the 
 Commission'.
 ``
            (iii) `the administering authority'.
 ``
        (B) Paragraphs

    (1)
        (A) and

    (3) of such subsection

    (b) shall not apply.
 ``
            (C) The second and third sentences of such 
 subsection
            (c) (1)
        (A) shall not apply.
 ``
            (D) In such subsection
            (c) --
 ``
            (i) in paragraph

    (1) --
 ``
            (I) in subparagraph
        (B) , by 
 substituting `determine to be 
 appropriate' for `determine to be 
 appropriate, including disbarment from 
 practice before the agency'; and
 ``
            (II) in subparagraph
            (C) --
 ``

    (aa) in clause
            (i) , by 
 substituting `14 days' for `14 
 days (7 days if the submission 
 pertains to a proceeding under 
 

section 703

    (a) or 733

    (a) )'; and
 ``

    (bb) in the text 
 following clause
            (ii) 
            (II) , by 
 substituting `30 days' for `30 
 days (10 days if the submission 
 pertains to a proceeding under 
 

section 703

    (a) or 733

    (a) )'; and
 ``
            (ii) in paragraph

    (2) , by substituting 
 `United States Court of International Trade' 
 for `United States Customs Court'.''.

    (b) Regulations.--The Commissioner of U.S. Customs and Border 
Protection shall prescribe such regulations as may be necessary to 
implement subsection
            (i) of 

section 517 of the Tariff Act of 1930 (19 
U.S.C. 1517), as added by subsection

    (a) .
            (c) Effective Date.--The amendment made by subsection

    (a) shall 
take effect on the date that is 180 days after the date of the 
enactment of this Act.

 TITLE VI--GENERAL PROVISIONS

SEC. 601. APPLICATION TO CANADA AND MEXICO.

 Pursuant to 

section 418 of the United States-Mexico-Canada 
Agreement Implementation Act (19 U.S.C. 4588), the amendments made by 
this Act apply with respect to goods from Canada and Mexico.

SEC. 602. EFFECTIVE DATE.

    (a) In General.--Except as provided by subsection

    (b) or
            (c) , the 
amendments made by this Act apply to countervailing duty investigations 
initiated under subtitle A of title VII of the Tariff Act of 1930 (19 
U.S.C. 1671 et seq.), antidumping duty investigations initiated under 
subtitle B of title VII of such Act (19 U.S.C. 1673 et seq.), reviews 
initiated under subtitle C of title VII of such Act (19 U.S.C. 1675 et 
seq.), and circumvention inquiries requested under 

section 781 of such 
Act (19 U.S.C. 1677j), on or after the date of the enactment of this 
Act.

    (b) Applicability.--

    (1) In general.--Except as provided in subsection
            (c) , the 
 amendments made by this Act apply to--
        (A) investigations or reviews under title VII of 
 the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) 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 45 days after such date 
 of enactment;
        (B) circumvention inquiries initiated under 

section 781 of such Act (19 U.S.C. 1677j) before and pending on 
 such date of enactment; and
            (C) circumvention inquiries requested under 

section 781 of such Act but not initiated before such date of 
 enactment.

    (2) Deadlines for circumvention inquiries.--
        (A) Determinations.--In this case of a 
 circumvention inquiry described in paragraph

    (1)
        (B) , 
 subsection

    (f)

    (4) of 

section 781 of the Tariff Act of 
 1930 (19 U.S.C. 1677j), as amended by 

section 301

    (a) , 
 shall be applied and administered--
            (i) in subparagraph
        (A)
            (i) , by substituting 
 ``the date of the enactment of the Leveling the 
 Playing Field 2.0 Act'' for ``the date on which 
 the administering authority initiates a 
 circumvention inquiry under paragraph

    (1) or

    (3)
        (A) ''; and
            (ii) in subparagraph
            (C) , by substituting 
 ``the date of the enactment of the Leveling the 
 Playing Field 2.0 Act'' for ``the filing of the 
 inquiry request''.
        (B) Actions with respect to inquiry requests.--In 
 the case of a circumvention inquiry described in 
 paragraph

    (1)
            (C) , the administering authority (as 
 defined in 

section 771

    (1) of the Tariff Act of 1930 (19 
 U.S.C. 1677

    (1) )) shall, not later than 20 days after 
 the date of the enactment of this Act, take an action 
 described in subsection

    (f)

    (3) of 

section 781 of the 
 Tariff Act of 1930 (19 U.S.C. 1677j), as amended by 
 

section 301

    (a) , with respect to the inquiry.
            (c) 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 204 apply to--

    (1) antidumping duty investigations initiated under 
 subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 
 1673 et seq.) on or after June 29, 2015;

    (2) reviews initiated under subtitle C of title VII of such 
 Act (19 U.S.C. 1675 et seq.) on or after June 29, 2015;

    (3) actions by U.S. Customs and Border Protection resulting 
 from an investigation specified in paragraph

    (1) or a review 
 specified in paragraph

    (2) ; and

    (4) civil actions, criminal proceedings, and other 
 proceedings before a Federal court relating to proceedings 
 specified in paragraph

    (1) or

    (2) or actions specified to in 
 paragraph

    (3) in which final judgment has not been entered on 
 or before the date of the enactment of this Act.
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