Clarification of authority for Department of Commerce regarding merchandise covered by antidumping and countervailing duty proceedings

(a) In general Subtitle D of title VII of the Tariff Act of 1930 (19 U.S.C. 1677 et seq.) is amended by inserting after section 781 the following: 781A. Determinations of merchandise covered under antidumping or countervailing duty proceeding (a) In general To determine whether merchandise imported into the United States is covered by an antidumping or countervailing duty proceeding under this title, the administering authority may use any reasonable method and is not bound by the determinations of any other Federal agency, including tariff classification and country of origin marking rulings issued by the Commissioner of U.S. Customs and Border Protection. (b) Class or kind of merchandise For purposes of this title, determinations regarding whether merchandise is the same class or kind may be made under this section or under section 781 in accordance with the criteria set forth in this section or in section 781, as the case may be. (c) Origin of merchandise To determine the origin of merchandise for purposes of an antidumping or countervailing duty proceeding under this title, the administering authority may apply any reasonable method and may consider relevant factors, including— (1) whether the processed downstream product is a different class or kind of merchandise than the upstream product; (2) the physical characteristics of the merchandise; (3) the intended end use of the downstream product; (4) the cost of production and the value added of further processing in a third country or countries; (5) the nature and sophistication of processing in a third country or countries; (6) the level of investment in a third country or countries; and (7) any other factors that the administering authority considers appropriate, including whether an essential characteristic of the merchandise, or an essential component thereof, is substantially transformed in the country of exportation.. (b) Clerical amendment The table of contents for the Tariff Act of 1930 is amended by inserting after the item relating to section 781 the following: Sec. 781A. Determinations of merchandise covered under antidumping or countervailing duty proceeding.. (c) Reviewable determinations Section 516A(a)(2)(A) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)(A)) is amended— (1) in clause (i)(I), by striking (iv),; and (2) by amending clause (ii) to read as follows: (ii) the date of publication in the Federal Register of notice of a determination described in clause (iv) of subparagraph (B) or, if no such notice is published, the date on which the administering authority conveys a copy of such determination to an interested party who is a party to the proceeding,.