                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
          Part III--Reviews; Other Actions Regarding Agreements
 
     subpart a--review of amount of duty and agreements other than 
                   quantitative restriction agreements
 
Sec. 1675c. Continued dumping and subsidy offset


(a) In general

    Duties assessed pursuant to a countervailing duty order, an 
antidumping duty order, or a finding under the Antidumping Act of 1921 
shall be distributed on an annual basis under this section to the 
affected domestic producers for qualifying expenditures. Such 
distribution shall be known as the ``continued dumping and subsidy 
offset''.

(b) Definitions

    As used in this section:

                   (1) Affected domestic producer

        The term ``affected domestic producer'' means any manufacturer, 
    producer, farmer, rancher, or worker representative (including 
    associations of such persons) that--
            (A) was a petitioner or interested party in support of the 
        petition with respect to which an antidumping duty order, a 
        finding under the Antidumping Act of 1921, or a countervailing 
        duty order has been entered, and
            (B) remains in operation.

    Companies, businesses, or persons that have ceased the production of 
    the product covered by the order or finding or who have been 
    acquired by a company or business that is related to a company that 
    opposed the investigation shall not be an affected domestic 
    producer.

                          (2) Commissioner

        The term ``Commissioner'' means the Commissioner of Customs.

                           (3) Commission

        The term ``Commission'' means the United States International 
    Trade Commission.

                     (4) Qualifying expenditure

        The term ``qualifying expenditure'' means an expenditure 
    incurred after the issuance of the antidumping duty finding or order 
    or countervailing duty order in any of the following categories:
            (A) Manufacturing facilities.
            (B) Equipment.
            (C) Research and development.
            (D) Personnel training.
            (E) Acquisition of technology.
            (F) Health care benefits to employees paid for by the 
        employer.
            (G) Pension benefits to employees paid for by the employer.
            (H) Environmental equipment, training, or technology.
            (I) Acquisition of raw materials and other inputs.
            (J) Working capital or other funds needed to maintain 
        production.

                           (5) Related to

        A company, business, or person shall be considered to be 
    ``related to'' another company, business, or person if--
            (A) the company, business, or person directly or indirectly 
        controls or is controlled by the other company, business, or 
        person,
            (B) a third party directly or indirectly controls both 
        companies, businesses, or persons,
            (C) both companies, businesses, or persons directly or 
        indirectly control a third party and there is reason to believe 
        that the relationship causes the first company, business, or 
        persons to act differently than a nonrelated party.

    For purposes of this paragraph, a party shall be considered to 
    directly or indirectly control another party if the party is legally 
    or operationally in a position to exercise restraint or direction 
    over the other party.

(c) Distribution procedures

    The Commissioner shall prescribe procedures for distribution of the 
continued dumping or subsidies offset required by this section. Such 
distribution shall be made not later than 60 days after the first day of 
a fiscal year from duties assessed during the preceding fiscal year.

(d) Parties eligible for distribution of antidumping and countervailing 
        duties assessed

               (1) List of affected domestic producers

        The Commission shall forward to the Commissioner within 60 days 
    after the effective date of this section in the case of orders or 
    findings in effect on January 1, 1999, or thereafter, or in any 
    other case, within 60 days after the date an antidumping or 
    countervailing duty order or finding is issued, a list of 
    petitioners and persons with respect to each order and finding and a 
    list of persons that indicate support of the petition by letter or 
    through questionnaire response. In those cases in which a 
    determination of injury was not required or the Commission's records 
    do not permit an identification of those in support of a petition, 
    the Commission shall consult with the administering authority to 
    determine the identity of the petitioner and those domestic parties 
    who have entered appearances during administrative reviews conducted 
    by the administering authority under section 1675 of this title.

               (2) Publication of list; certification

        The Commissioner shall publish in the Federal Register at least 
    30 days before the distribution of a continued dumping and subsidy 
    offset, a notice of intention to distribute the offset and the list 
    of affected domestic producers potentially eligible for the 
    distribution based on the list obtained from the Commission under 
    paragraph (1). The Commissioner shall request a certification from 
    each potentially eligible affected domestic producer--
            (A) that the producer desires to receive a distribution;
            (B) that the producer is eligible to receive the 
        distribution as an affected domestic producer; and
            (C) the qualifying expenditures incurred by the producer 
        since the issuance of the order or finding for which 
        distribution under this section has not previously been made.

                      (3) Distribution of funds

        The Commissioner shall distribute all funds (including all 
    interest earned on the funds) from assessed duties received in the 
    preceding fiscal year to affected domestic producers based on the 
    certifications described in paragraph (2). The distributions shall 
    be made on a pro rata basis based on new and remaining qualifying 
    expenditures.

(e) Special accounts

                         (1) Establishments

        Within 14 days after the effective date of this section, with 
    respect to antidumping duty orders and findings and countervailing 
    duty orders notified under subsection (d)(1) of this section, and 
    within 14 days after the date an antidumping duty order or finding 
    or countervailing duty order issued after the effective date takes 
    effect, the Commissioner shall establish in the Treasury of the 
    United States a special account with respect to each such order or 
    finding.

                     (2) Deposits into accounts

        The Commissioner shall deposit into the special accounts, all 
    antidumping or countervailing duties (including interest earned on 
    such duties) that are assessed after the effective date of this 
    section under the antidumping order or finding or the countervailing 
    duty order with respect to which the account was established.

                (3) Time and manner of distributions

        Consistent with the requirements of subsections (c) and (d) of 
    this section, the Commissioner shall by regulation prescribe the 
    time and manner in which distribution of the funds in a special 
    account shall be made.

                           (4) Termination

        A special account shall terminate after--
            (A) the order or finding with respect to which the account 
        was established has terminated;
            (B) all entries relating to the order or finding are 
        liquidated and duties assessed collected;
            (C) the Commissioner has provided notice and a final 
        opportunity to obtain distribution pursuant to subsection (c) of 
        this section; and
            (D) 90 days has elapsed from the date of the notice 
        described in subparagraph (C).

    Amounts not claimed within 90 days of the date of the notice 
    described in subparagraph (C), shall be deposited into the general 
    fund of the Treasury.

(June 17, 1930, ch. 497, title VII, Sec. 754, as added Pub. L. 106-387, 
Sec. 1(a) [title X, Sec. 1003(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A-
73.)

                       References in Text

    The Antidumping Act of 1921, referred to in subsecs. (a) and 
(b)(1)(A), probably means the Antidumping Act, 1921, act May 27, 1921, 
ch. 14, title II, 42 Stat. 11, as amended, which was classified 
generally to sections 160 to 171 of this title, and was repealed by Pub. 
L. 96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193.
    For effective date of this section, referred to in subsecs. (d)(1), 
(e)(1), and (2), see Effective Date note set out below.


                             Effective Date

    Pub. L. 106-387, Sec. 1(a) [title X, Sec. 1003(c)], Oct. 28, 2000, 
114 Stat. 1549, 1549A-75, provided that: ``The amendments made by this 
section [enacting this section] shall apply with respect to all 
antidumping and countervailing duty assessments made on or after October 
1, 2000.''


                          Findings of Congress

    Pub. L. 106-387, Sec. 1(a) [title X, Sec. 1002], Oct. 28, 2000, 114 
Stat. 1549, 1549A-72, provided that: ``Congress makes the following 
findings:
        ``(1) Consistent with the rights of the United States under the 
    World Trade Organization, injurious dumping is to be condemned and 
    actionable subsidies which cause injury to domestic industries must 
    be effectively neutralized.
        ``(2) United States unfair trade laws have as their purpose the 
    restoration of conditions of fair trade so that jobs and investment 
    that should be in the United States are not lost through the false 
    market signals.
        ``(3) The continued dumping or subsidization of imported 
    products after the issuance of antidumping orders or findings or 
    countervailing duty orders can frustrate the remedial purpose of the 
    laws by preventing market prices from returning to fair levels.
        ``(4) Where dumping or subsidization continues, domestic 
    producers will be reluctant to reinvest or rehire and may be unable 
    to maintain pension and health care benefits that conditions of fair 
    trade would permit. Similarly, small businesses and American farmers 
    and ranchers may be unable to pay down accumulated debt, to obtain 
    working capital, or to otherwise remain viable.
        ``(5) United States trade laws should be strengthened to see 
    that the remedial purpose of those laws is achieved.''
