ARTICLE
15 December 2023

New Senate Bill Introduced To Provide Relief To Communities Injured By Unfair Trade Practices

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Buchanan Ingersoll & Rooney PC
Contributor
With 450 attorneys and government relations professionals across 15 offices, Buchanan Ingersoll & Rooney provides progressive legal, business, regulatory and government relations advice to protect, defend and advance our clients’ businesses. We service a wide range of clients, with deep experience in the finance, energy, healthcare and life sciences industries.
On December 6, 2023, U.S. Senators Tammy Baldwin (D-WI) and Bill Cassidy, M.D. (R-LA) introduced the Resilient Communities Act in the Senate aimed at providing support to communities...
United States International Law
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On December 6, 2023, U.S. Senators Tammy Baldwin (D-WI) and Bill Cassidy, M.D. (R-LA) introduced the Resilient Communities Act in the Senate aimed at providing support to communities injured by unfair trade practices. This bill would create a centralized fund to collect and disperse customs duties collected by U.S. Customs and Border Protection (CBP) from antidumping and countervailing duty tariffs (AD/CVD) to eligible recipients. AD/CVD tariffs are imposed by the U.S. Department of Commerce against imports of merchandise found to be priced at less than fair value or subsidized and which the U.S. International Trade Commission has determined caused injury to a U.S. domestic industry manufacturing a comparable "like product."

While AD/CVD tariffs can help impacted U.S. producers by establishing a level playing field on a going-forward basis, there is currently no legal mechanism in place to remediate the injury suffered by the domestic industry, or by extension, the surrounding community.

This new bill drawing on the $100 to $300 million dollars in annual revenue from AD/CVD tariffs collected by CBP, and would allow for "political subdivision{s} of a State in which an affected community is located" to apply for grants to distribute to "affected communit{ies}", helping to offset the harm caused by foreign producers' past predatory low-priced imports.

Eligible recipients would use these grant funds for "covered domestic producers" negatively impacted by unfairly priced imports. Priority would be given to U.S. producers determined "to be most likely to increase production and employment," as a result of the provided grant.

In the absence of any remaining covered domestic producers in the affected community, the funds may also be directed towards general "economic development" with regards to improving local "workforce development," "public infrastructure," or "improving access to health care, social services, healthy food, or education," among other areas.

The full text of the proposed legislation is available here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
15 December 2023

New Senate Bill Introduced To Provide Relief To Communities Injured By Unfair Trade Practices

United States International Law
Contributor
With 450 attorneys and government relations professionals across 15 offices, Buchanan Ingersoll & Rooney provides progressive legal, business, regulatory and government relations advice to protect, defend and advance our clients’ businesses. We service a wide range of clients, with deep experience in the finance, energy, healthcare and life sciences industries.
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