Bill Summary
The "Trade Cheating Restitution Act of 2026" amends the Trade Facilitation and Trade Enforcement Act of 2015 to update the criteria for distributing interest related to antidumping and countervailing duties. The legislation modifies the timeframe from which interest can be calculated, changing it from October 1, 2014, to October 1, 2000. This change allows for a broader range of distributions to be considered.
Key provisions include:
1. **Special Distribution**: The Act mandates a special distribution of interest accumulated for fiscal years prior to its enactment, which will be executed by the Commissioner of U.S. Customs and Border Protection.
2. **Eligibility Requirements**: Individuals seeking this distribution must have previously received payments under the now-repealed Continued Dumping and Subsidy Offset Act and comply with certain certification and eligibility criteria.
3. **Distribution Timeline**: Interest earned on or after October 1, 2010, is to be distributed within 210 days of the Act's enactment, followed by interest from the earlier period of October 1, 2000, to September 30, 2010.
Overall, this legislation aims to enhance the process of compensating parties affected by unfair trade practices through more comprehensive and timely distributions of owed amounts.
Possible Impacts
The "Trade Cheating Restitution Act of 2026" could affect people in various ways. Here are three examples:
1. **Financial Compensation for Businesses**: The legislation allows for a special distribution of interest accrued from antidumping and countervailing duties. This means that businesses that have previously received distributions under the Continued Dumping and Subsidy Offset Act may receive additional financial compensation. This could provide much-needed funds to companies that have been impacted by unfair trade practices, potentially helping them to remain solvent and retain employees.
2. **Eligibility and Compliance Requirements**: To qualify for the special distribution, individuals and businesses must meet specific eligibility criteria and file certifications in a timely manner. This could create an administrative burden for smaller businesses that may lack the resources to navigate the bureaucratic process. Those unable to comply with the requirements may miss out on financial restitution, widening the gap between larger corporations with dedicated compliance teams and smaller businesses.
3. **Impact on Trade Practices**: By modifying the description of interest associated with antidumping duties, the legislation may incentivize more rigorous enforcement against unfair trade practices. If companies believe that they can receive restitution for past violations, they might be more proactive in reporting and addressing trade cheating. This could lead to a more equitable trading environment, affecting consumers by potentially lowering prices and increasing competition in the marketplace.
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 7373 Introduced in House (IH)]
<DOC>
119th CONGRESS
2d Session
H. R. 7373
To amend the Trade Facilitation and Trade Enforcement Act of 2015 to
modify the description of interest for purposes of certain
distributions of antidumping duties and countervailing duties and to
authorize a special distribution of those amounts, and for other
purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 4, 2026
Mr. Panetta (for himself and Mr. Valadao) introduced the following
bill; which was referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Trade Facilitation and Trade Enforcement Act of 2015 to
modify the description of interest for purposes of certain
distributions of antidumping duties and countervailing duties and to
authorize a special distribution of those amounts, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Trade Cheating Restitution Act of
2026''.
SEC. 2. MODIFICATION OF DESCRIPTION OF INTEREST FOR PURPOSES OF CERTAIN
DISTRIBUTIONS OF ANTIDUMPING DUTIES AND COUNTERVAILING
DUTIES AND SPECIAL DISTRIBUTION OF AMOUNTS.
(a) In General.--Section 605(c)(1) of the Trade Facilitation and
Trade Enforcement Act of 2015 (19 U.S.C. 4401(c)(1)) is amended--
(1) by striking subparagraphs (A) and (B); and
(2) by striking ``October 1, 2014, by U.S. Customs and
Border Protection under, or in connection with--'' and
inserting ``October 1, 2000, by U.S. Customs and Border
Protection.''.
(b) Funding.--In carrying out the amendments made by subsection
(a), the Commissioner of U.S. Customs and Border Protection shall use
amounts available for such purpose in the ``Refund of Moneys
Erroneously Received and Covered'' account of the Department of the
Treasury.
(c) Special Distribution of Amounts.--
(1) In general.--In carrying out the amendments made by
subsection (a), all interest realized under section 605(c)(1)
of the Trade Facilitation and Trade Enforcement Act of 2015 (19
U.S.C. 4401(c)(1)), as amended by that subsection, for a fiscal
year ending before the date of the enactment of this Act shall
be subject to a special distribution carried out in accordance
with this subsection.
(2) General notice.--The Commissioner of U.S. Customs and
Border Protection shall publish a general notice in the Federal
Register announcing the timing of the special distribution
required under paragraph (1).
(3) Eligibility.--Each person seeking a special
distribution under paragraph (1) must--
(A) have received at least one distribution under
the Continued Dumping and Subsidy Offset Act of 2000
(section 754 of the Tariff Act of 1930 (19 U.S.C.
1675c; repealed by subtitle F of title VII of the
Deficit Reduction Act of 2005 (Public Law 109-171; 120
Stat. 154))) during a prior fiscal year;
(B) timely file a certification for the special
distribution, as determined by the Commissioner of U.S.
Customs and Border Protection; and
(C) meet the eligibility criteria contained in the
Continued Dumping and Subsidy Offset Act of 2000 at the
time of filing that certification.
(4) Distribution.--Interest specified under paragraph (1)
shall be aggregated by antidumping duty or countervailing duty
order or finding and distributed on a pro rata basis to persons
eligible under paragraph (3) as follows:
(A) For interest realized on or after October 1,
2010, as soon as possible following the date of the
enactment of this Act but not later than the date that
is 210 days after such date of enactment.
(B) For interest realized on or after October 1,
2000, and on or before September 30, 2010, as soon as
possible following the date of the enactment of this
Act but not later than the date that is 210 days after
the distribution under subparagraph (A).
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