; or (ii) if an entity, organized under the laws of the United States or any subdivision of the United States; (B) held the rights to intellectual property under the laws of the United States; and (C) can establish quantifiable losses resulting from the violation, directly or indirectly, of such rights in China or by any Chinese person, including governmental entities of China, during such year. (2) Maximum payment The Commissioner may not make a payment under this subsection to any person for any year in an amount that is greater than the amount of the loss described in paragraph (1)(C) established with respect to such person in such year. (d) Consultation The Commissioner shall consult with the United States Trade Representative and the Secretary of Commerce in issuing such regulations as may be necessary to carry out this Act.