Here's the text of H.R. 4071, a proposed bill that would overturn the GPX decision and allow the Department of Commerce to apply CVDs to NME countries:
To amend title VII of the Tariff Act of 1930 to provide that the provisions relating to countervailing duties apply to nonmarket economy countries
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `China Hurts Economic Advancement Through Subsidies Act' or `CHEATS Act'.
SEC. 2. APPLICATION OF COUNTERVAILING DUTIES TO NONMARKET ECONOMIES AND STRENGTHENING APPLICATION OF THE LAW.
(a) In General- Section 701(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1671(a)(1)) is amended by inserting `(including a nonmarket economy country)' after `country' each place it appears.
(b) Effective Date- The amendments made by subsection (a) apply to petitions filed under section 702 of the Tariff Act of 1930 (19 U.S.C. 1671a) on or after October 1, 2006.
It really doesn't say much, leaving lots of discretion to Commerce as to how to apply the law. Will that shield the statute itself from a WTO challenge? Will any WTO complaint have to wait until Commerce applies the law?
ADDED: Scott Lincicome tweets: "Unclear if the bill here is the real CVD-NME bill. My guess is no."
