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U.S. Commerce Secretary John Bryson and U.S. Trade Representative Ron Kirk Applaud Legislation to Restore Countervailing Duty Law

Wednesday, February 29, 2012

U.S. Department of Commerce Secretary John Bryson and United States Trade Representative Ron Kirk issued the following statements in response to legislation introduced in both the House and Senate today clarifying the Department of Commerce’s ability to apply countervailing duties (CVDs) on subsidized imports from non-market economies, including China:

"I deeply appreciate the leadership in the House Ways and Means and Senate Finance Committees for their support and leadership on this issue and today I applaud their introduction of this critical piece of legislation.  This bill would ensure the 24 existing CVD orders on imports from China and Vietnam remain in place and that ongoing CVD investigations involving imports from these countries can continue," said Secretary Bryson.  "If Congress does not take up this bill, the Commerce Department may lose a critical tool to level the playing field for American workers and companies in the future."

“I commend leaders in the House and Senate for introducing this legislation today.  It is critical to leveling the playing field for American employers and workers who face unfairly subsidized imports from countries like China,” said Ambassador Kirk.  “This has been a major focus and priority for the Obama Administration, which has been working closely with Congress to produce this legislation as quickly as possible.”

In December 2011, the Court of Appeals for the Federal Circuit (CAFC) found, in GPX v. United States, that U.S. law prohibits the Department of Commerce from applying CVDs to non-market economies, including China.  This legislation overturns that deeply flawed decision.