text: SECTION 1. SHORT TITLE.
  
      This Act may be cited as the ``Continued Dumping or Subsidy Offset 
  Act of 1999''.
  
  SEC. 2. FINDINGS OF CONGRESS.
  
      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 false market signals.
              (3) The continued dumping or subsidization of imported 
          product 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 America's farmers and ranchers may be unable to 
          pay down accumulated debt, to obtain working capital or 
          otherwise remain viable.
              (5) United States trade laws should be strengthened to see 
          that the remedial purpose of the laws is achieved in fact.
  
  SEC. 3. AMENDMENTS TO THE TARIFF ACT OF 1930.
  
      (a) In General.--Chapter 1 of subtitle C of title VII of the Tariff 
  Act of 1930 (19 U.S.C. 1675 et seq.) is amended by adding at the end 
  the following new section:
  
  ``SEC. 754. CONTINUED DUMPING OR SUBSIDY OFFSET.
  
      ``(a) In General.--Whenever continued dumping or subsidization is 
  found to exist by the administering authority under section 751(a) of 
  this Act or by operation of law, any duties assessed shall be 
  distributed to the affected domestic producers for qualifying 
  expenditures on an annual basis. Such disbursement shall be known as 
  the `continued dumping or subsidy offset'.
      ``(b) Definitions.--As used in this section:
              ``(1) The term `affected domestic producer' means any 
          manufacturer, producer, farmer, rancher or worker 
          representative, including associations of such individuals and 
          entities, that was a petitioner or interested party in support 
          of the petition with respect to which an antidumping duty 
          finding or order or countervailing duty order has been entered 
          and remains in operation. Companies or businesses 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) The term `Commissioner' means the Commissioner of the 
          United States Customs Service.
              ``(3) The term `Commission' means the United States 
          International Trade Commission.
              ``(4) 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) plant;
                      ``(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; and
                      ``(J) borrowed working capital or other funds 
                  needed to maintain production.
      ``(c) Disbursement Procedures.--The Commissioner shall prescribe 
  procedures for disbursing the continued dumping or subsidies offset 
  required by this section provided that disbursement shall occur for 
  monies assessed during a fiscal year not later than sixty days after 
  the beginning of the following fiscal year.
      ``(d) Parties Eligible for Distribution of Antidumping and 
  Countervailing Duties Assessed.--
              ``(1) The Commission shall forward to the Commissioner 
          within sixty days of the effective date of this section or 
          within sixty days of an antidumping or countervailing duty 
          order issued after the effective date of this section a list of 
          petitioners and companies that indicate support of the petition 
          by inclusion in the petition or supplements thereto, by letter 
          or through questionnaire response. Where no injury test was 
          required or where the Commission's records do not permit an 
          identification of those in support of a petition the Commission 
          shall consult with the Department of Commerce to determine the 
          identity of the petitioner and those domestic parties who have 
          entered appearances during administrative reviews conducted by 
          Commerce and sought vigorous enforcement of United States law.
              ``(2) The Commissioner shall publish in the Federal 
          Register at least thirty days prior to the issuance of 
          payments, a notice of intention to distribute duty assessments, 
          the list of companies eligible based on the list obtained from 
          the Commission, and shall request a certification from each 
          recipient as to--
                      ``(A) desire to receive distribution,
                      ``(B) continued eligibility as an affected domestic 
                  producer, and
                      ``(C) the qualifying expenditures incurred since 
                  the issuance of the order for which distribution under 
                  this section has not previously been made.
              ``(3) The Commissioner shall distribute all funds 
          (including all interest earned) from assessments received in 
          the completed fiscal year to affected domestic producers based 
          on the affirmative responses to paragraph (2) on a pro rata 
          basis based on new and remaining qualifying expenditures.
      ``(e) Special Accounts.--
              ``(1) Within fourteen days of the effective date of this 
          provision for outstanding antidumping orders and findings or 
          for outstanding countervailing duty orders or within fourteen 
          days of the date an antidumping or countervailing duty order 
          takes effect, the Commissioner shall establish in the Treasury 
          a special account with respect to that order or finding.
              ``(2) The Commissioner shall have deposited into the 
          special accounts all antidumping or countervailing duties, 
          including interest on such duties, that are assessed under the 
          antidumping order or finding or the countervailing duty order 
          with respect to which the account was established since the 
          effective date of this section.
              ``(3) The monies in a special account shall be available 
          for distribution to the extent of actual assessment (including 
          interest).
              ``(4) Consistent with the requirements of subsection (c), 
          the Commissioner shall by regulation prescribe the time and 
          manner in which distribution of funds from special accounts 
          will be made.
              ``(5) The special accounts shall remain in existence until 
          all entries relating to an order which has been terminated are 
          liquidated and duties assessed collected and the Commissioner 
          has provided one last notice of opportunity to obtain 
          distribution pursuant to subsection (c). Amounts not claimed 
          within 90 days of the time of such final distribution shall be 
          returned to the general fund of the Treasury.''.
      (b) Conforming Amendment.--The table of contents for title VII of 
  the Tariff Act of 1930 is amended by inserting the following new item 
  after the item relating to section 753:
  
  ``Sec. 754. Continued dumping or subsidy offset.''.
      (c) Effective Date.--The continued antidumping or subsidy offset 
  shall apply with regard to all assessments made on or after October 1, 
  1996, on outstanding antidumping findings or orders or countervailing 
  duty orders.
target: Limits qualifying expenditures to expenditures incurred since the issuance of the antidumping duty finding or order or countervailing duty order in any or all of the categories of plant, equipment, research and development, personnel training, acquisition of technology, employer-paid employee health care and pension benefits, environmental equipment, training or technology, acquisition of raw materials and other inputs, and borrowed working capital or other funds needed to maintain production.
  Directs the Commissioner of the U.S. Customs Service to prescribe offset disbursement procedures.  Sets forth general procedures for notification of eligible parties.
  Requires the Commissioner to establish a special account in the Treasury to receive all antidumping or countervailing duties, including interest, for distribution according to this Act, within 14 days after an antidumping or countervailing duty order takes effect.
feat_title: Continued Dumping or Subsidy Offset Act of 1999