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H.R.1046 / 103rd Congress

To provide a private cause of action for the recovery of damages for economic loss caused by the dumping of foreign merchandise into United States markets, and for other purposes.

Referred to the Subcommittee on Intellectual Property and Judicial Administration.

Official summary

Version 00 · Introduced in House · Feb 23, 1993

Amends the Tariff Act of 1930 to create a private cause of action for economic loss to an eligible party by reason of the importation and sale of dumped merchandise (i.e., goods sold at less than foreign market value) against any manufacturer, exporter, or, if the importer is an affiliate or subsidiary of such manufacturer or exporter, importer of such merchandise. Sets forth provisions with respect to jurisdiction over foreign persons, service of process, presumptions of loss, and limitations on awards. Directs the court, in evaluating the economic loss sustained by the eligible party, to consider certain information submitted, including potential lost sales, worker layoffs, plant closures, and financial losses. Allows the court to consider an econometric analysis or other scientific study estimating the actual effects of the dumped merchandise on the eligible party. Specifies that the eligible party, upon a finding of liability on the part of the defendant, is entitled to recover actual damages for economic loss and costs, including reasonable attorney's fees. Sets forth further provisions with respect to the calculation of damages and the time allowed for bringing an action under this Act.

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Who introduced it

Rep. Byrne, Leslie L. [D-VA-11] · D–VA

Committees

  • Judiciary Committee
  • Ways and Means Committee
6 cosponsorship records, including any withdrawals

Actions

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  1. Referred to the Subcommittee on Intellectual Property and Judicial Administration.

  2. Referred to the Subcommittee on Trade.

  3. Sponsor introductory remarks on measure. (CR H882)

  4. Referred to the House Committee on Ways and Means.

  5. Referred to the House Committee on Judiciary.

  6. Introduced in House

  7. Introduced in House

Bill text & related measures

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Related bills identified by Congress.gov

No related bills are listed in this snapshot. This does not establish whether the proposal has appeared in earlier Congresses.

Source last updated: Jan 16, 2025. Consult Congress.gov for the current record.

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Neutral evidence review

Objective

Analyze H.R.1046 as objectively as possible. Explain its main provisions, who would be affected, possible benefits and harms, implementation, exceptions, and uncertainties. Present the strongest arguments for and against it, and identify evidence needed to assess its public impact.

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Fairness and public impact

Progressive lens

Examine H.R.1046 through a progressive lens, focusing on fairness, access, economic inequality, and effects on vulnerable communities. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and distinguish stated goals from demonstrated outcomes.

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Institutions and government scope

Conservative lens

Examine H.R.1046 through a conservative lens, focusing on fiscal responsibility, institutional stability, federalism, and the scope of government. Explain potential benefits, costs, and unintended consequences. Consider the strongest counterarguments and any provisions that challenge this perspective.

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Individual rights and government power

Liberty lens

Examine H.R.1046 through a civil-liberties and limited-government lens. Consider individual rights, privacy, voluntary choice, accountability, and government power. Explain tradeoffs, possible safeguards, and the strongest counterarguments without assuming the proposal is beneficial or harmful.

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