House Version of China Package Out; De Minimis, AD/CVD Changes Included
The trade provisions of the America COMPETES Act of 2022, the House's answer to the Senate U.S. Innovation and Opportunity Act, propose dramatic changes to antidumping and countervailing laws, a restriction on future Miscellaneous Tariff Bill lists, and would bar Chinese goods from entering under the de minimis statute. The House Rules Committee also released a section by section summary.
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The trade chapter proposes renewing the Generalized System of Preferences retroactively back to Jan. 1, 2021 and through the end of 2024. Its renewal of the Miscellaneous Tariff Bill would authorize duty suspensions and reductions of the current list through the end of 2023, retroactive to four months before enactment.
The changes to AD/CVD law would apply CVD to subsidies outside the home government's territory and make it easier for petitioners to bring new cases when production of a good already under an AD or CVD case moves to a new country. It also would not allow the International Trade Commission to consider a return to profitability or increase in sales as a result of an existing AD/CVD order when it is considering a case from another party for the same industry. It would accelerate decisions for successive investigations, as well.
The bill would also provide "CBP with authority to establish an Administrative Protective Order (APO) process for evasion proceedings," according to the summary.