S.Amdt. 6593

SA 6593. Mr. SCOTT of South Carolina (for himself and Mr. Graham)
submitted an amendment intended to be proposed to amendment SA 6552
proposed by Mr. Leahy to the bill H.R. 2617, to amend section 1115 of
title 31, United States Code, to amend the description of how
performance goals are achieved, and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. MODIFICATION OF TREATMENT OF CERTAIN STATE-OWNED
ENTERPRISES IN INVESTIGATION OF CLAIMS OF
EVASION OF ANTIDUMPING OR COUNTERVAILING DUTY
ORDERS.

(a) In General.--Section 517 of the Tariff Act of 1930 (19
U.S.C. 1517) is amended--
(1) in subsection (e), in the matter preceding paragraph
(1), by striking ``Not'' and inserting ``Subject to
subsection (h), not'';
(2) by redesignating subsection (h) as subsection (i); and
(3) by inserting after subsection (g) the following:
``(h) Treatment of Certain State-owned Enterprises.--
``(1) In general.--If an allegation under subsection (b)(2)
is filed by an interested party specified in paragraph (4)
with respect to covered merchandise and an investigation is
initiated under subsection (b)(1) with respect to that
merchandise--
``(A) the Commissioner may delay implementation of the
interim measures specified in subsection (e) with respect to
that merchandise until a determination is made under
subsection (c) that the merchandise was entered into the
customs territory of the United States through evasion; and
``(B) at any point following the initiation of that
investigation, but not later than 30 calendar days after
making a determination under subsection (c) with respect to
that merchandise, the Commissioner shall submit to Congress a
report containing a determination as to whether that
interested party is acting in concert or aligned with the
interests of, or in support or at the direction of, the
government of the country that exerts ownership or control
with respect to that interested party (as determined pursuant
to paragraph (5)).
``(2) Required consultation.--The Commissioner shall
consult with the Secretary of Commerce in making the
determination required under paragraph (1)(B).
``(3) Reasoning for delayed implementation of interim
measures.--If the Commissioner uses the authority under
paragraph (1)(A) to delay implementation of interim measures
specified in subsection (e) with respect to covered
merchandise, not later than 120 calendar days after
initiating an investigation under subsection (b)(1) with
respect to that merchandise, the Commissioner shall submit to
Congress a report containing the reasoning of the
Commissioner for using that authority.
``(4) Interested party specified.--An interested party
specified in this paragraph is--
``(A) a covered state-owned enterprise;
``(B) a subsidiary of a covered state-owned enterprise; or
``(C) an association of which not fewer than one member is
a covered state-owned enterprise or a subsidiary of a covered
state-owned enterprise.
``(5) Covered state-owned enterprise defined.--
``(A) In general.--In this subsection, the term `covered
state-owned enterprise' means any enterprise established for
a commercial or business purpose that is directly owned or
controlled by the government of a nonmarket economy country
(as defined in section 771(18)), including any agency,
instrumentality, subdivision, or other unit of government at
any level of jurisdiction.
``(B) Definitions.--In this paragraph:
``(i) Control.--The term `control', with respect to a
covered state-owned enterprise, means the power by any means
to control the enterprise regardless of--

``(I) the level of ownership; and
``(II) whether or not the power is exercised.

``(ii) Owned.--The term `owned', with respect to a covered
state-owned enterprise, means a majority or controlling
interest, whether by value or voting interest, of the shares
of that enterprise, including through fiduciaries, agents, or
other means.''.
(b) Application.--The amendments made by subsection (a)
shall apply to any investigation under section 517 of the
Tariff Act of 1930 (19 U.S.C. 1517) for which a determination
has not been made under subsection (c)(1)(A) of that section
on or before the date of the enactment of this Act.

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