Determination of benefit with respect to currency undervaluation
Title IV — Countering currency undervaluation
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Section 771(5)(E) of the Tariff Act of 1930 (19 U.S.C. 1677(5)(E)) is amended— (1) in clause (iii), by striking, and and inserting a comma; (2) in clause (iv), by striking the period at the end and inserting, and; (3) by inserting after clause (iv) the following: (v) in the case of an exchange of an undervalued currency under a unified exchange rate, if there is a difference between the amount of currency received in exchange for United States dollars and the amount of currency that the recipient would have received absent an undervalued currency.; and (4) in the flush text following clause (v), as added by paragraph (3), by adding at the end the following: For purposes of clause (v), a determination of the existence and amount of a benefit from the exchange of an undervalued currency shall take into account a comparison of the exchange rates derived from a methodology determined by the administering authority to be appropriate in light of the facts and circumstances to the relevant actual exchange rates, and whether there is government action on the exchange rate that contributes to an undervaluation of the currency..