Sec. 4. Adjustment of normal value to include the cost of paying adequate wages and maintaining sustainable production methods
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Section 773(a) of the Tariff Act of 1930 (19 U.S.C. 1677b(a)) is amended— by redesignating paragraph
(8)as paragraph (9); and by inserting after paragraph
(7)the following: Except as otherwise provided in this paragraph, the price described in paragraph (1)(B) shall also be increased by the difference, if any, between— the actual cost of producing the subject merchandise; and the estimated cost of producing the subject merchandise if the producer paid its employees adequate wages and maintained sustainable production methods. At the request of an exporter or producer, the administering authority shall reduce the amount of the increase under subparagraph
(A)with respect to subject merchandise of that exporter or producer by an amount the administering authority determines reflects the extent to which the subject merchandise was produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained. The amount by which the increase under subparagraph
(A)to the price under paragraph (1)(B) is reduced under this subparagraph shall be referred to as a credit . An exporter or producer seeking to import merchandise into the United States may request the administering authority to issue a precertification that merchandise of the exporter or producer imported into the United States from a specific country is eligible for credits under subparagraph
(B)before an investigation is initiated under subtitle B with respect to the merchandise. The administering authority shall issue to an exporter or producer that requests a precertification under subclause
(I)a precertification that covers all merchandise imported into the United States by the exporter or producer from a specific country if the exporter or producer demonstrates to the satisfaction of the administering authority that all such merchandise, including significant components or ingredients of the merchandise, was or will be produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained. A precertification issued under this clause shall remain in effect for such period as the administrating authority determines appropriate, but not longer than 5 years. The administering authority may issue a precertification for all merchandise imported from a country if the government of that country maintains and enforces laws requiring all producers of such merchandise in that country to pay its employees adequate wages and to maintain sustainable production methods. If the administering authority has issued a precertification under clause
(i)or (ii), merchandise to which the precertification applies shall not be subject to an antidumping duty solely because a petition filed under section 732(b)(1) with respect to the merchandise alleges that the merchandise was not produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained. An interested party described in subparagraph (C), (D), (E), (F), or
(G)of section 771(9) that files a petition under section 732(b)(1) with respect to the merchandise covered by a precertification issued under clause
(i)for a producer or exporter or under clause
(ii)for a country bears the burden of proving that the merchandise was not produced under conditions under which all employees receive adequate wages and sustainable production methods are maintained. Except as provided in subclause (II), an interested party described in subparagraph (C), (D), (E), (F), or
(G)of section 771(9) that files a petition under section 732(b)(1) with respect to merchandise that relies on calculations of normal value made under this paragraph shall be presumed to demonstrate that the party is materially injured or threatened with material injury by reason of imports of the merchandise. An interested party described in subparagraph (C), (D), (E), (F), or
(G)of section 771(9) that files a petition under section 732(b)(1) with respect to merchandise that relies on calculations of normal value made under this paragraph shall not be presumed to demonstrate that the party is materially injured or threatened with material injury by reason of imports of the merchandise if— the country from which the merchandise is exported is covered by a precertification issued under clause (ii); or the estimated cost of producing the merchandise under subparagraph (A)(ii) is equal to or greater than the cost of producing the merchandise in the country in which the interested party is located. The administering authority, the Secretary of Labor, and the Administrator of the Environmental Protection Agency may jointly establish procedures pursuant to which obtaining certification from an organization described in subclause
(II)may demonstrate the eligibility of an exporter or producer for a precertification under clause
(i)or the eligibility of a country for a precertification under clause (ii). An organization described in this subclause is an independent third-party organization that sets standards with respect to adequate wages and sustainable production methods. Not later than one year after the date of the enactment of the Level the Playing Field in Global Trade Act of 2013 , the administering authority shall publish in the Federal Register guidance with respect to how persons producing merchandise for exportation to the United States or seeking to import such merchandise into the United States may obtain credits and precertifications under subparagraphs
(B)and (C). In this paragraph: The term adequate wage — means compensation for a regular work week that is sufficient to meet the basic needs of the employee and to provide the employee with some discretionary income; and includes— at a minimum, the payment of the higher of the minimum wage or the appropriate prevailing wage, compliance with all legal requirements relating to wages (including freedom of association relating to the bargaining relating to wages and related matters), and the provision of such benefits as are required by law or contract; and such other elements as the administering authority considers appropriate. Not later than one year after the date of the enactment of the Level the Playing Field in Global Trade Act of 2013 , the administering authority shall publish in the Federal Register guidance, developed jointly with the Secretary of Labor, with respect to the interpretation of adequate wage . In developing guidance under item (aa), the administering authority and the Secretary may consider independent third-party standards, including, as appropriate, standards on an industry-by-industry or country-by-country basis. The term sustainable production methods means the application of technologies and methods that are necessary to provide for— workplace safety, toxic waste control, and the conservation of energy and natural resources, based on local standards and conditions; and such other relevant standards as the administering authority considers appropriate. Not later than one year after the date of the enactment of the Level the Playing Field in Global Trade Act of 2013 , the administering authority shall publish in the Federal Register guidance, developed jointly with the Administrator of the Environmental Protection Agency and the Secretary of Labor, with respect to the interpretation of sustainable production methods . In developing guidance under item (aa), the administering authority and the Administrator may consider independent third-party standards, including, as appropriate, standards on an industry-by-industry or country-by-country basis. . The amendments made by subsection
(a)shall apply with respect to merchandise imported into the United States— on and after the date that is 2 years after the date of the enactment of this Act from— any country with which the United States has a free trade agreement in effect; any country that is a member of the World Trade Organization; or Canada or Mexico, pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 ); and on or after the date that is one year after the date of the enactment of this Act from any country other than a country described in paragraph (1).
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- 19 USC 3438
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Sec. 4
Adjustment of normal value to include the cost of paying adequate wages and maintaining sustainable production methods
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