What This Bill Does
This bill stops the Secretary of Homeland Security and other government officials from asking people to pay back or return certain import duties (taxes on goods brought into the country). The bill also prevents the government from using future duty payments to recover money from past payments made between January 1, 2001 and the bill's enactment.
Who It Affects
The Secretary of Homeland Security, the Commissioner of U.S. Customs and Border Protection, importers of goods, and recipients of antidumping duties or countervailing duties paid under section 754 of the Tariff Act of 1930.
Key Provisions
• The Secretary of Homeland Security and any other person cannot require repayment or recoupment of antidumping duties or countervailing duties that were distributed on or after January 1, 2001. (Sec. 2(a)(1))
• The government cannot offset past, current, or future distributions of antidumping or countervailing duties to recoup payments made under section 754 of the Tariff Act of 1930. (Sec. 2(a)(2))
• Within 90 days after the bill becomes law, the Secretary of Homeland Security must refund any repayments collected after January 1, 2017 and fully distribute any duties being withheld as an offset. (Sec. 2(c))
• The government can still keep or recoup payments if someone made false statements, committed misconduct, or failed to properly verify their certification. (Sec. 2(d)(1))
• The government can still keep or recoup payments if an importer or surety receives a refund through a settlement, court order, or re-liquidation of a customs entry. (Sec. 2(d)(2))
What Changes
If this becomes law, the government must stop collecting repayments of these import duties from importers and must return any money collected since January 1, 2017.
Important Definitions
None defined in the bill text.
II
118TH CONGRESS
1ST SESSION
S. 377
To prohibit the Secretary of Homeland Security, or any other person, from
requiring repayment, recoupment, or offset of certain antidumping duties
and countervailing duties paid under section 754 of the Tariff Act
of 1930, and for other purposes.
IN THE SENATE OF THE UNITED STATES
FEBRUARY 9, 2023
Mr. GRAHAM (for himself and Mr. SCOTT of South Carolina) introduced the
following bill; which was read twice and referred to the Committee on Finance
A BILL
To prohibit the Secretary of Homeland Security, or any
other person, from requiring repayment, recoupment, or
offset of certain antidumping duties and countervailing
duties paid under section 754 of the Tariff Act of 1930,
and for other purposes.
Be it enacted by the Senate and House of Representa-
1
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘Domestic Reinvest-
4
ment Act of 2023’’.
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•S 377 IS
SEC. 2. TERMINATION OF ALL EFFORTS TO CLAWBACK
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PAYMENTS OF CERTAIN ANTIDUMPING DU-
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TIES AND COUNTERVAILING DUTIES.
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(a) IN GENERAL.—Notwithstanding any other provi-
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sion of law, neither the Secretary of Homeland Security
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nor any other person may—
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(1) require repayment of, or attempt in any
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other way to recoup, any payment described in sub-
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section (b); or
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(2) offset any past, current, or future distribu-
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tions of antidumping duties or countervailing duties
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assessed on any imports in an attempt to recoup any
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payment described in subsection (b).
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(b) PAYMENTS DESCRIBED.—Payments described in
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this subsection are payments of antidumping duties or
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countervailing duties made pursuant to section 754 of the
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Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle
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F of title VII of the Deficit Reduction Act of 2005 (Public
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Law 109–171; 120 Stat. 154))) that were—
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(1) assessed and paid with respect to imports of
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goods from any country; and
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(2) distributed on or after January 1, 2001.
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(c) PAYMENT OF CERTAIN FUNDS COLLECTED OR
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WITHHELD.—Except with respect to payments described
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in subsection (d), not later than 90 days after the date
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•S 377 IS
of the enactment of this Act, the Secretary of Homeland
1
Security shall—
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(1) refund any repayment or other recoupment
3
of any payment described in subsection (b) that was
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collected by the Commissioner of U.S. Customs and
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Border Protection after January 1, 2017; and
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(2) fully distribute any antidumping duties or
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countervailing duties that the Commissioner is with-
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holding as an offset as described in subsection
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(a)(2).
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(d) LIMITATION.—Nothing in this section shall be
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construed to prevent the Secretary of Homeland Security,
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or any other person, from retaining, offsetting, requiring
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repayment of, or attempting to otherwise recoup, any pay-
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ment described in subsection (b) as a result of—
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(1) a finding of false statements, other mis-
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conduct, or insufficient verification of a certification
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by a recipient of such a payment; or
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(2) the issuance of a refund to an importer or
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surety pursuant to a settlement, court order, or re-
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liquidation of an entry with respect to which such a
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payment was made.
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Æ
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