IMPLEMENTATION LEVEL

National

AFFECTED FLOW

Inflow

ANNOUNCED AS TEMPORARY

No

NON-TRADE-RELATED RATIONALE

No

ELIGIBLE FIRMS

all

JUMBO

No

TARIFF PEAK

No
← back to the state act
Inception date: 06 Mar 2012 | Removal date: open ended
Still in force

Anti-subsidy

Congress approved a bill that authorizes the Commerce Department to apply countervailing duty trade remedies, retroactive to May, 2006, in cases of unfairly subsidized imports from nonmarket economies (NMEs) such as China and Vietnam. It also authorizes Commerce to adjust antidumping duties on unfairly traded NME imports on which CVD penalties are imposed if it can be shown that domestic subsidies have inflated the dumping margin, and if the Commerce Department is able to estimate an adjustment.
 
The Senate approved the bill (S.2153/H.R.4105) by unanimous consent on March 5 2012; the House followed the next day,passing it by a vote of 370-39. President Obama is expected to sign the bill into law shortly. This legislative 'fix' became necessary, in the view of its supporters, by a ruling of the Court of Appeals for the Federal Circuit last December in GPX Int'l Tire Corp. v. United States. The court found that CVD law is not applicable to imports from NMEs.
 

AFFECTED COUNTRIES

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