Page:United States Statutes at Large Volume 114 Part 2.djvu/887

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PUBLIC LAW 106-387 —APPENDIX 114 STAT. 1549A-73 down accumulated debt, to obtain working capital, or to otherwise remain val. (5) United States trade laws should be strengthened to see that the remedial purpose of those laws is achieved. SEC. 1003. AMENDMENTS TO THE TARIFF ACT OF 1930. (a) IN GENERAL.— Title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) is amended by inserting after section 753 the following new section: "SEC. 754. 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—