DUMPING BY NONMARKET ECONOMY COUNTRIES.

SEC. 1316. DUMPING BY NONMARKET ECONOMY COUNTRIES. (a) In General.— Subsection (c) of section 773 (19 U.S.C. 1677b) is amended to read as follows: “(c) Nonmarket Economy Countries.— “(1) In general.— If— “(A) the merchandise under investigation is exported from a nonmarket economy country, and “(B) the administering authority finds that available information does not permit the foreign market value of the merchandise to be determined under subsection (a), the administering authority shall determine the foreign market value of the merchandise on the basis of the value of the factors of production utilized in producing the merchandise and to which shall be added an amount for general expenses and profit plus the cost of containers, coverings, and other expenses, as required by subsection (e). Except as provided in paragraph (2), the valuation of the factors of production shall be based on the best available information regarding the values of such factors in a market economy country or countries considered to be appropriate by the administering authority. “(2) Exception.— If the administering authority finds that the available information is inadequate for purposes of determining the foreign market value of merchandise under paragraph (1), the administering authority shall determine the foreign market value on the basis of the price at which merchandise that is— “(A) comparable to the merchandise under investigation, and “(B) produced in one or more market economy countries that are at a level of economic development comparable to that of the nonmarket economy country, is sold in other countries, including the United States. “(3) Factors of production.— For purposes of paragraph (1), the factors of production utilized in producing merchandise include, but are not limited to— “(A) hours of labor required, “(B) quantities of raw materials employed, “(C) amounts of energy and other utilities consumed, and “(D) representative capital cost, including depreciation. “(4) Valuation of factors of production.— The administering authority, in valuing factors of production under paragraph (1), shall utilize, to the extent possible, the prices or costs of factors of production in one or more market economy countries that are— “(A) at a level of economic development comparable to that of the nonmarket economy country, and 102 STAT. 1187 “(B) significant producers of comparable merchandise.”. (b) Nonmarket Economy Country Defined.— Section 771 (19 U.S.C. 1677) is amended by adding at the end thereof the following new paragraph: “(18) Nonmarket economy country.— “(A) In general.— The term ‘nonmarket economy country’ means any foreign country that the administering authority determines does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise. “(B) Factors to be considered.— In making determinations under subparagraph (A) the administering authority shall take into account— “(i) the extent to which the currency of the foreign country is convertible into the currency of other countries; “(ii) the extent to which wage rates in the foreign country are determined by free bargaining between labor and management, “(iii) the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country, “(iv) the extent of government ownership or control of the means of production, “(v) the extent of government control over the allocation of resources and over the price and output decisions of enterprises, and “(vi) such other factors as the administering authority considers appropriate. “(C) Determination in effect.— “(i) Any determination that a foreign country is a nonmarket economy country shall remain in effect until revoked by the administering authority. “(ii) The administering authority may make a determination under subparagraph (A) with respect to any foreign country at any time. “(D) Determinations not in issue.— Notwithstanding any other provision of law, any determination made by the administering authority under subparagraph (A) shall not be subject to judicial review in any investigation conducted under subtitle B. “(E) Collection of information.— Upon request by the administering authority, the Commissioner of Customs shall provide the administering authority a copy of all public and proprietary information submitted to, or obtained by, the Commissioner of Customs that the administering authority considers relevant to proceedings involving merchandise from nonmarket economy countries. The administering authority shall protect proprietary information obtained under this section from public disclosure in accordance with section 777.”. (c) Suspension of Nonmarket Economy Country Investigations.— Section 734 (19 U.S.C. 1673c) is amended by adding at the end thereof the following new subsection: “(l) Special Rule for Nonmarket Economy Countries.— 102 STAT. 1188 “(1) In general.— The administering authority may suspend an investigation under this subtitle upon acceptance of an agreement with a nonmarket economy country to restrict the volume of imports into the United States of the merchandise under investigation only if the administering authority determines that— “(A) such agreement satisfies the requirements of subsection (d), and “(B) will prevent the suppression or undercutting of price levels of domestic products by imports of the merchandise under investigation. “(2) Failure of agreements.— If the administering authority determines that an agreement accepted under this subsection no longer prevents the suppression or undercutting of domestic prices of merchandise manufactured in the United States, the provisions of subsection (i) shall apply.”.