I 118TH CONGRESS 1ST SESSION H. R. 2883 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 HOUSE OF REPRESENTATIVES APRIL 26, 2023 Mr. CLYBURN introduced the following bill; which was referred to the Committee on Ways and Means 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, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Domestic Reinvest- 4 ment Act of 2023’’. 5 VerDate Sep 11 2014 02:39 May 05, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2883.IH H2883 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 2883 IH SEC. 2. TERMINATION OF ALL EFFORTS TO CLAWBACK 1 PAYMENTS OF CERTAIN ANTIDUMPING DU- 2 TIES AND COUNTERVAILING DUTIES. 3 (a) IN GENERAL.—Notwithstanding any other provi- 4 sion of law, neither the Secretary of Homeland Security 5 nor any other person may— 6 (1) require repayment of, or attempt in any 7 other way to recoup, any payment described in sub- 8 section (b); or 9 (2) offset any past, current, or future distribu- 10 tions of antidumping duties or countervailing duties 11 assessed on any imports in an attempt to recoup any 12 payment described in subsection (b). 13 (b) PAYMENTS DESCRIBED.—Payments described in 14 this subsection are payments of antidumping duties or 15 countervailing duties made pursuant to section 754 of the 16 Tariff Act of 1930 (19 U.S.C. 1675c (repealed by subtitle 17 F of title VII of the Deficit Reduction Act of 2005 (Public 18 Law 109–171; 120 Stat. 154))) that were— 19 (1) assessed and paid with respect to imports of 20 goods from any country; and 21 (2) distributed on or after January 1, 2001. 22 (c) PAYMENT OF CERTAIN FUNDS COLLECTED OR 23 WITHHELD.—Except with respect to payments described 24 in subsection (d), not later than 90 days after the date 25 VerDate Sep 11 2014 02:39 May 05, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2883.IH H2883 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 2883 IH of the enactment of this Act, the Secretary of Homeland 1 Security shall— 2 (1) refund any repayment or other recoupment 3 of any payment described in subsection (b) that was 4 collected by the Commissioner of U.S. Customs and 5 Border Protection after January 1, 2017; and 6 (2) fully distribute any antidumping duties or 7 countervailing duties that the Commissioner is with- 8 holding as an offset as described in subsection 9 (a)(2). 10 (d) LIMITATION.—Nothing in this section shall be 11 construed to prevent the Secretary of Homeland Security, 12 or any other person, from retaining, offsetting, requiring 13 repayment of, or attempting to otherwise recoup, any pay- 14 ment described in subsection (b) as a result of— 15 (1) a finding of false statements, other mis- 16 conduct, or insufficient verification of a certification 17 by a recipient of such a payment; or 18 (2) the issuance of a refund to an importer or 19 surety pursuant to a settlement, court order, or re- 20 liquidation of an entry with respect to which such a 21 payment was made. 22 Æ VerDate Sep 11 2014 02:39 May 05, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6301 E:\BILLS\H2883.IH H2883 pbinns on DSKJLVW7X2PROD with $$_JOB