Vice President Biden, Administration Officials Welcome Clarification of Countervailing Duty Law

Administration Urged Congress to Act on Behalf of U.S. Businesses, Workers

Washington, D.C. – Vice President Biden, along with U.S. Trade Representative Ron Kirk and U.S. Department of Commerce Secretary John Bryson, today welcomed congressional passage of legislation clarifying the Department of Commerce’s ability to apply countervailing duties (CVDs) on subsidized imports from non-market economies, including China.

“By passing this law, Congress has taken a clear stand against the unfair trade practices that have put countless American jobs in jeopardy,” said Vice President Biden. “We will continue to use every available tool to make sure America’s trading partners play by the rules, because when they do, U.S. businesses and workers can fairly compete – and out-compete anyone.”

“This law will make clear in no uncertain terms the rights that America’s businesses and workers have when their jobs are threatened by unfairly subsidized imports from countries like China,” said Ambassador Kirk.  “We’re pleased that access to appropriate trade remedies will be ensured.”

“The action taken by Congress today is a significant win for American businesses and workers,” said Secretary Bryson.  “The passage of this legislation will prevent more than 80 companies, both large and small, from across 38 states and employing tens of thousands of manufacturing workers, from being harmed by unfair trade subsidies.  I truly appreciate the leadership in both the House and the Senate for working with us to ensure that the Commerce Department maintains this critical tool to protect American businesses from subsidized imports, so that they can build things here and sell them everywhere.”

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 NMEs, including China.  This legislation overturns that decision.