S.236 - Unfair Foreign Competition Act of 198599th Congress (1985-1986)
|Sponsor:||Sen. Specter, Arlen [R-PA] (Introduced 01/22/1985)|
|Committees:||Senate - Judiciary|
|Latest Action:||Senate - 06/17/1985 Committee on Judiciary received executive comment from Federal Trade Commission. (All Actions)|
This bill has the status Introduced
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Summary: S.236 — 99th Congress (1985-1986)All Information (Except Text)
Introduced in Senate (01/22/1985)
Unfair Foreign Competition Act of 1985 - Amends the Clayton Act to include a specified antidumping provision among U.S. antitrust laws.
Amends the antidumping provision to allow any person who is injured in her or his property or business by the sale or importation of an article made in a foreign country to bring a civil action against the manufacturer, exporter, or importer of such article if: (1) the article is imported or sold in the United States at less than its foreign market or constructed value; and (2) such sale or importation causes or threatens material injury to U.S. industry or labor or prevents the establishment or modernization of U.S. industry. (Currently, the cause of such an action is predicated on the intent of the importer to injure or prevent the establishment of U.S. industry or to monopolize trade.)
Restricts the district court jurisdiction of such an action to the District of Columbia. Entitles a prevailing plaintiff in such an action to recover: (1) compensatory damages (currently, treble damages) or appropriate equitable relief; and (2) legal expenses.
Declares that the standard of proof in such an action is a preponderance of the evidence. Places the burden of proof for rebutting a prima facie case on the defendant. Includes within the meaning of prima facie case a finding by the International Trade Commission (ITC) that dumping exists.
Authorizes the district court to: (1) issue subpoenas outside its judicial district if necessary; (2) enjoin importation of articles allegedly dumped pending the defendant's compliance with any court order; (3) review, in camera, confidential or privileged material; (4) accept material under seal; and (5) disclose such material. Requires expedited treatment of such actions.
Sets a four-year statute of limitations for actions under this Act.
Requires the foreign market value or constructed value of an article to include the amount of any subsidy provided to the manufacturer, producer, or exporter of the article.
Expresses the sense of the Congress that this Act is consistent with the General Agreement on Tariffs and Trade.