	Introduction

The United States and many of its trading partners use trade remedy laws to lessen the adverse impact of various trade practices on domestic industries, producers, and workers. These laws are deemed consistent with U.S. international obligations provided they conform to the trade remedy provisions agreed to as part of the Uruguay Round of multilateral trade negotiations (1986-1994) and other trade agreements to which the United States is a party. This report will, first, discuss congressional interest in these laws, and give an overview of recent legislation to amend the laws in Congress. Third, safeguard statutes and investigations are discussed. Finally, an Appendix provides a chart outlining briefly all U.S. trade remedy statutes, major actors, and remedies presented. AD and CVD actions, and (2) U.S. safeguard actions. Second, H.R. S. 1130 (and related bill S. 1267 ), the Strengthening America's Trade Laws Act, seeks to address concerns of some in Congress that the WTO dispute settlement system has "added to the obligations and diminished the rights of WTO members," particularly with regard to the Antidumping and Subsidies Agreements. Countervailing Application to Non-Market Economy (NME) Countries

In the second session, H.R. 4105 seeks to specifically apply countervailing duty laws to non-market economy countries, such as China and Vietnam. An identical measure, S. 2153 , passed the Senate by unanimous consent on March 5, 2012. On December 19, 2011, in a case challenging the imposition of countervailing duties on tires from China (a non-market economy, or NME country), the U.S. Court of Appeals for the Federal Circuit (CAFC) ruled that CVD laws cannot be applied to products from NME countries. AD and CVD Laws and Investigations

		U.S. The law permits the imposition of antidumping duties if (1) the International Trade Administration of the Department of Commerce (ITA) determines that the foreign subject merchandise is being, or likely to be, sold in the United States at less than fair value; and (2) the U.S. International Trade Commission (USITC) determines that an industry in the United States is materially injured or threatened with material injury, or that the establishment of an industry is materially retarded, by reason of imports of that merchandise. The statute provides that countervailing duties will be imposed, first, when The ITA determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of the subject merchandise that is imported or sold (or likely to be sold) for importation into the United States. U.S. International Obligations

Disciplines regulating the use of antidumping laws appear in Article VI of the General Agreements on Tariffs and Trade (GATT, the predecessor to the WTO) and in the Antidumping Agreement adopted in the Uruguay Round (1986-1994) of multilateral trade negotiations that established the WTO. Safeguard (Escape Clause) Measures

"Safeguard" or "escape clause" trade laws are designed to provide domestic industries with relief from injurious import surges resulting from fairly competitive trade. Statutory Authority

Sections 201-204 of the Trade Act of 1974, as amended, provide relief for imports from all countries. On this basis, the President may: (1) implement the USITC's recommendations; (2) modify the USITC provisions or provide another form of remedy; or (3) take no action due to U.S. economic or national security interests. On December 19, 2001, the USITC submitted its findings and remedy recommendations to the President. Summary of U.S. Trade Remedy Laws
The United States and many of its trading partners use laws known as trade remedies to mitigate the adverse impact of various trade practices on domestic industries and workers.
U.S. antidumping (AD) laws (19 U.S.C. §1673 et seq.) authorize the imposition of duties if (1) the International Trade Administration of the Department of Commerce (ITA) determines that foreign merchandise is being, or likely to be, sold in the United States at less than fair value, and (2) the U.S. International Trade Commission (USITC) determines that an industry in the United States is materially injured or threatened with material injury, or that the establishment of an industry is materially retarded, due to imports of that merchandise. U.S. countervailing duty laws (19 U.S.C. §1671 et seq.) authorize the imposition of countervailing duties (CVD) if the ITA finds that the government of a country or any public entity has provided a subsidy on the manufacture, production, or export of the merchandise, and the USITC determines injury or threat thereof. U.S. safeguard laws (19 U.S.C. §2251 et seq.) authorize the President to provide temporary import relief from injurious surges of imports resulting from fairly competitive trade from all countries. Other safeguard laws authorize relief for import surges from communist countries (19 U.S.C. §2436) and from China (19 U.S.C. §2451). In each case, the USITC conducts an investigation, forwards recommendations to the President, and the President may act on the USITC's recommendation, modify it, or take no action.
These laws are deemed consistent with U.S. international obligations provided that they conform to the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (ASCM) and the WTO Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade, 1994 (ADA, Antidumping Agreement) agreed to as part of the Uruguay Round of multilateral trade negotiations that established the World Trade Organization (WTO), as well as other trade agreements to which the United States is a party.
In the first session of the 112th Congress, legislation was introduced seeking to amend trade remedy statutes, including addressing currency misalignment (S. 1619, S. 328, and H.R. 639) in trade remedy investigations. S. 1130 and related bill S. 1267, the Strengthening America's Trade Laws Act, seek, in part, to provide more specific methodology for trade remedy actions in nonmarket economy countries. In the second session, H.R. 4105 seeks to specifically apply countervailing action to nonmarket economy countries in light of a December 19, 2011 decision by the U.S. Court of Appeals for the Federal Circuit that CVD action may not be applied to the imports of such countries. S. 2153, an identical measure, passed in the Senate by unanimous consent on March 5, 2012.
This report discusses, first, congressional interest in trade remedy laws, and describes legislation seeking to amend the laws in the first session of the 112th Congress. Second, it describes antidumping and countervailing duty laws, procedures, and investigations. Third, U.S. safeguard statutes and investigative procedures are presented. Finally, an Appendix provides a chart outlining briefly all U.S. trade remedy statutes, major actors, and effects of these laws.