S 691 — Leveling the Playing Field 2.0 Act

Summary

Leveling the Playing Field 2.0 ActThis bill addresses unfair trade practices by making various changes to U.S. antidumping and countervailing duty laws. Antidumping laws provide relief to U.S industries and workers that are materially injured or threatened with injury due to imports of like products sold in the U.S. market at less than fair value, while countervailing duty laws provide such relief from imports of products subsidized by a foreign government or public entity.Specifically, the bill establishes a process for successive antidumping and countervailing duty investigations. Successive investigations may be concurrent (an ongoing investigation of the same product) or recently completed (not more than two years before the date of the initiation of the successive investigation). Further, the bill establishes a timeline for the Department of Commerce to issue determinations in successive investigations.Among other provisions, the bill authorizes Commerce toapply countervailing duty law to subsidies provided by a foreign government or public entity to a company operating in a different country,use another method for calculating the cost of production in specific circumstances, andrequire importers to certify that the imported merchandise is not subject to an antidumping or countervailing duty order.Additionally, the bill statutorily establishes procedures for Commerce to conduct circumvention inquiries, including by specifying the deadlines for preliminary and final determinations.The bill also provides statutory authority for Commerce to investigate currency undervaluation as a countervailable subsidy.

Bill Text

• Introduced Introduced in Senate Current html February 24, 2025

Compared against current U.S. Code AI-generated reading aid — verify against the official bill.

The bill establishes new rules for determining material injury in successive antidumping and countervailing duty investigations and modifies the initiation and issuance procedures for these investigations.

• 19 U.S.C. 1677(7)

  (E) Special rules for successive investigations.--

  Introduces special rules for evaluating material injury in successive investigations.

• 19 U.S.C. 1671a

  (f) Initiation by Administering Authority of Successive Countervailing Duty Investigation.--A successive investigation shall be initiated--

  Allows for the initiation of successive countervailing duty investigations under specified conditions.

• 19 U.S.C. 1673a

  (f) Initiation by Administering Authority of Successive Antidumping Duty Investigation.--A successive investigation shall be initiated--

  Allows for the initiation of successive antidumping duty investigations under specified conditions.

• 19 U.S.C. 1677 et seq.

  SEC. 784. DETERMINATIONS RELATING TO SUCCESSIVE INVESTIGATIONS.

  Adds a new section that outlines determinations related to successive investigations.

• 19 U.S.C. 1673a

  shall be initiated whenever the administering authority determines, from information available to it, that a formal investigation is warranted → A successive investigation shall be initiated--

  Modifies the initiation process for antidumping investigations to include provisions for successive investigations.

• 19 U.S.C. 1671a

  shall be initiated whenever the administering authority determines, from information available to it, that a formal investigation is warranted → A successive investigation shall be initiated--

  Modifies the initiation process for countervailing duty investigations to include provisions for successive investigations.

• 19 U.S.C. 1673a

  may extend the date of the final determination under section 735(a)(2) if requested by the petitioner.

  Allows for the extension of the final determination date in successive antidumping investigations if requested.

• 19 U.S.C. 1671a

  may extend the date of the final determination under section 705(a) if requested by the petitioner; and

  Allows for the extension of the final determination date in successive countervailing duty investigations if requested.

• 19 U.S.C. 1677

  (37) Treatment of successive investigations.--For purposes of paragraph (7)(E) and sections 702(f), 732(f), and 784:

  Defines terms related to successive investigations for clarity in the bill.

• 19 U.S.C. 1677(7)

  (C)(iii), the Commission shall-- consider the condition of the domestic industry as found in a recently completed investigation;

  Requires the Commission to consider recent investigations when evaluating material injury.

• 19 U.S.C. 1677(7)

  the Commission may not find that there is no material injury or threat of material injury to a domestic industry solely based on recent improvements in the industry's performance,

  Prevents dismissing injury claims based solely on recent improvements in industry performance.

Action History

1. February 24, 2025

   Introduced in Senate

2. February 24, 2025

   Read twice and referred to the Committee on Finance.

Sponsors

• Todd Young · Primary
• Tina Smith · Cosponsor
• Tommy Tuberville · Cosponsor
• Amy Klobuchar · Cosponsor
• Lindsey Graham · Cosponsor
• Tammy Baldwin · Cosponsor
• Tom Cotton · Cosponsor
• John Fetterman · Cosponsor
• Roger F. Wicker · Cosponsor
• Ruben Gallego · Cosponsor
• Jim Banks · Cosponsor
• Elizabeth Warren · Cosponsor
• Eric Schmitt · Cosponsor
• Kirsten E. Gillibrand · Cosponsor
• Bernie Moreno · Cosponsor
• Katie Boyd Britt · Cosponsor
• Elissa Slotkin · Cosponsor
• Shelley Moore Capito · Cosponsor
• Cindy Hyde-Smith · Cosponsor
• Jeanne Shaheen · Cosponsor
• James C. Justice · Cosponsor
• David McCormick · Cosponsor
• Marsha Blackburn · Cosponsor

Subjects