Sec. 102201. Modification of requirements in circumvention inquiries
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/bill/117/hr/4521/pcs/section-102201A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 781 of the Tariff Act of 1930 ( 19 U.S.C. 1677j ) is amended by striking subsection
(f)and inserting the following: 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. 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. The administering authority shall specify requirements for the contents and service of an inquiry request under subparagraph (A). Not later than 30 days after the filing of an inquiry request under paragraph (2)(A), the administering authority shall— initiate a circumvention inquiry; dismiss the inquiry request as inadequate and notify the requestor in writing of the reasons for the dismissal; or notify all interested parties that the inquiry request will be addressed through a determination (other than a determination under this section) by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or an antidumping or countervailing duty order. The administering authority may extend the deadline under subparagraph
(A)by a period not to exceed 15 days. Except as provided in clause (ii), not later than 90 days after the date on which the initiation of a circumvention inquiry under paragraph
(1)or (3)(A) is published, 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. The administering authority may extend the deadline under clause
(i)by a period not to exceed 45 days. Except as provided in clause (ii), not later than 120 days after the date on which the preliminary determination is published 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. The administering authority may extend the deadline under clause
(i)by a period not to exceed 60 days. If an inquiry request under paragraph (2)(A) is addressed through a class or kind determination described in paragraph (3)(C), the administering authority shall make such determination not later than 335 days after the filing of the inquiry request. The administering authority may simultaneously initiate a circumvention inquiry under paragraph
(1)or (3)(A) and issue a preliminary determination under paragraph (4)(A) if the pattern of circumvention alleged is similar to that of a prior final determination by the administering authority. . Section 781 of the Tariff Act of 1930 ( 19 U.S.C. 1677j ) is further amended by adding at the end the following: 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 entered or withdrawn from warehouse, that is already suspended, the administering authority shall order— the continued suspension of liquidation of such entries; and the continued posting of a cash deposit in an amount equal to the antidumping duty or countervailing duty applicable for such entries. If the administering authority issues a preliminary affirmative determination under paragraph (4)(A) of subsection (f), the administering authority shall order— the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of circumvention inquiry under paragraph
(1)or (3)(A) of subsection (f); the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of circumvention inquiry under paragraph
(1)or (3)(A) of subsection
(f)if the administering authority determines, in light of the circumstances, that such suspension under this paragraph is warranted; and 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 subparagraphs
(A)and (B). If the administering authority issues a final affirmative determination under paragraph (4)(B) of subsection (f), the administering authority shall order— the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of initiation of circumvention inquiry under paragraph
(1)or (3)(A) of subsection (f); the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry entered, or withdrawn from warehouse, for consumption prior to the date of publication of the notice of initiation of circumvention inquiry under paragraph
(1)or (3)(A) of subsection
(f)if the administering authority determines, in light of the circumstances, that such suspension under this paragraph is warranted; and 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 subparagraphs
(A)and (B). Nothing in this section shall be construed to prevent the administering authority from applying the requirements under this subsection in a class or kind determination described in subsection (f)(3)(C). The administering authority shall consider the appropriate remedy to address circumvention and to prevent evasion of the order pursuant to a determination described in subsections (4)(f)(A) and (B). Such remedies may include the following: The application of the determination on a producer-specific, exporter-specific, importer-specific basis, or some combination thereof, and, as appropriate, the implementation of a certification requirement under section 785. The application of the determination on a countrywide basis to all products from the same country, regardless of producer, exporter, or importer of those products, and, as appropriate, the implementation of a certification requirement under section 785. When a certification requirement is implemented under this paragraph and the eligible importer or other party complies with that requirement, antidumping and countervailing duties under this title may not be applied to the merchandise under certification. . Section 777(i) of the Tariff Act of 1930 is amended by adding at the end the following: 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. . Section 782(i) of the Tariff Act of 1930 ( 19 U.S.C. 1677m(i) ) is amended— in paragraph (2), by striking and at the end; in paragraph (3)(B), by striking the period at the end and inserting , and ; and by adding at the end the following: a final determination in a circumvention inquiry conducted pursuant to section 781 if good cause for verification is shown. .
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