The "Leveling the Playing Field 2.0 Act" aims to significantly strengthen the administration and enforcement of U.S. antidumping and countervailing duty laws. This comprehensive legislation seeks to address various unfair trade practices by enhancing the tools available to the Department of Commerce and U.S. Customs and Border Protection. It covers areas such as successive investigations, market distortions, circumvention, currency undervaluation, and duty evasion. Title I establishes special rules for successive antidumping and countervailing duty investigations , preventing findings of no material injury based solely on recent improvements linked to prior trade relief. It also sets accelerated deadlines for preliminary and final determinations in these cases. Title II introduces provisions to respond to market distortions , allowing the Department of Commerce to address cross-border subsidies by treating third-country subsidies as if provided by the subject country if facilitated. The bill significantly modifies how normal value and cost of production are determined, specifically to account for distorted costs in foreign countries. It expands the definition of a " particular market situation " to include various government interventions, such as state-owned enterprises, non-enforcement of labor or environmental laws, and non-market business relationships that distort input costs. The Department of Commerce can address these distortions without needing to quantify them precisely. Title III focuses on preventing circumvention of existing trade remedies by streamlining the initiation and setting clear deadlines for circumvention inquiries. It mandates the suspension of liquidation and collection of cash deposits for merchandise subject to these inquiries, including potential retroactive application. The bill also authorizes the Department of Commerce to require importers to provide certifications that merchandise and its inputs are not subject to antidumping or countervailing duties, with penalties for non-compliance. New requirements are imposed on nonresident importers , mandating they maintain sufficient assets in the U.S. to cover potential duties and post a bond. The Department of Commerce's authority is clarified, allowing it to use any reasonable method to determine if merchandise is covered by trade remedies, independent of Customs and Border Protection's tariff classifications. This includes considering various factors for origin, such as substantial transformation. Title IV addresses currency undervaluation , requiring the Department of Commerce to investigate it as a countervailable subsidy if alleged in a petition and refining how the benefit is determined. Title V enhances measures for preventing duty evasion by expanding existing procedures to include safeguard actions and limiting protests against Customs and Border Protection's evasion decisions. The bill applies its amendments to goods from Canada and Mexico, with some provisions having retroactive application.
Administrative remediesCanadaCivil actions and liabilityCompetitiveness, trade promotion, trade deficitsCurrencyCustoms enforcementForeign and international corporationsFraud offenses and financial crimesFree trade and trade barriersGovernment information and archivesGovernment studies and investigationsInternational monetary system and foreign exchangeMexicoNorth AmericaTariffsTrade agreements and negotiations
Leveling the Playing Field 2.0 Act
USA119th CongressHR-1548| House
| Updated: 2/24/2025
The "Leveling the Playing Field 2.0 Act" aims to significantly strengthen the administration and enforcement of U.S. antidumping and countervailing duty laws. This comprehensive legislation seeks to address various unfair trade practices by enhancing the tools available to the Department of Commerce and U.S. Customs and Border Protection. It covers areas such as successive investigations, market distortions, circumvention, currency undervaluation, and duty evasion. Title I establishes special rules for successive antidumping and countervailing duty investigations , preventing findings of no material injury based solely on recent improvements linked to prior trade relief. It also sets accelerated deadlines for preliminary and final determinations in these cases. Title II introduces provisions to respond to market distortions , allowing the Department of Commerce to address cross-border subsidies by treating third-country subsidies as if provided by the subject country if facilitated. The bill significantly modifies how normal value and cost of production are determined, specifically to account for distorted costs in foreign countries. It expands the definition of a " particular market situation " to include various government interventions, such as state-owned enterprises, non-enforcement of labor or environmental laws, and non-market business relationships that distort input costs. The Department of Commerce can address these distortions without needing to quantify them precisely. Title III focuses on preventing circumvention of existing trade remedies by streamlining the initiation and setting clear deadlines for circumvention inquiries. It mandates the suspension of liquidation and collection of cash deposits for merchandise subject to these inquiries, including potential retroactive application. The bill also authorizes the Department of Commerce to require importers to provide certifications that merchandise and its inputs are not subject to antidumping or countervailing duties, with penalties for non-compliance. New requirements are imposed on nonresident importers , mandating they maintain sufficient assets in the U.S. to cover potential duties and post a bond. The Department of Commerce's authority is clarified, allowing it to use any reasonable method to determine if merchandise is covered by trade remedies, independent of Customs and Border Protection's tariff classifications. This includes considering various factors for origin, such as substantial transformation. Title IV addresses currency undervaluation , requiring the Department of Commerce to investigate it as a countervailable subsidy if alleged in a petition and refining how the benefit is determined. Title V enhances measures for preventing duty evasion by expanding existing procedures to include safeguard actions and limiting protests against Customs and Border Protection's evasion decisions. The bill applies its amendments to goods from Canada and Mexico, with some provisions having retroactive application.
Administrative remediesCanadaCivil actions and liabilityCompetitiveness, trade promotion, trade deficitsCurrencyCustoms enforcementForeign and international corporationsFraud offenses and financial crimesFree trade and trade barriersGovernment information and archivesGovernment studies and investigationsInternational monetary system and foreign exchangeMexicoNorth AmericaTariffsTrade agreements and negotiations