S. 3543

119 S3543 IS: Trade Cheating Restitution Act of 2025
 U.S. Senate
 2025-12-17
 text/xml
 EN
 Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.
 II  119th CONGRESS
  1st Session  S. 3543  IN THE SENATE OF THE UNITED STATES   December 17, 2025   Mr. Thune  (for himself,  Ms. Smith ,  Mr. Cassidy ,  Mr. Grassley ,  Mr. Peters , and  Ms. Klobuchar ) introduced the following bill; which was read twice and referred to the  Committee on Finance    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.
1.
Short title
This Act may be cited as the   Trade Cheating Restitution Act of 2025  .
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).