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US S328

US S328
Currency Reform for Fair Trade Act


summary

Introduced
In Committee
Crossed Over
Passed
Dead

Introduced Session

112th Congress

Bill Summary

Currency Reform for Fair Trade Act - Amends the Tariff Act of 1930 to include as a "countervailable subsidy" requiring action under a countervailing duty or antidumping duty proceeding the benefit conferred on merchandise imported into the United States from foreign countries with fundamentally undervalued currency. Defines "benefit conferred," in cases where the currency of a foreign country is exchanged for foreign currency (i.e., U.S. dollars) obtained from export transactions, as the difference between: (1) the amount of currency provided by a foreign country in which the subject merchandise is produced; and (2) the amount of currency such country would have provided if the real effective exchange rate of its currency were not fundamentally undervalued. Declares that the fact that such a subsidy is also provided in circumstances not involving export shall not, for that reason alone, mean it cannot be considered export contingent and actionable under a countervailing duty and antidumping duty proceeding. Requires the administering authority to determine that the currency of a foreign country is fundamentally undervalued if for an 18-month period: (1) the government of the country engages in protracted, large-scale intervention in one or more foreign exchange markets; (2) the country's real effective exchange rate is undervalued by at least 5%; (3) the country has experienced significant and persistent global current account surpluses; and (4) the country's government has foreign asset reserves exceeding the amount necessary to repay all its debt obligations falling due within the coming 12 months, 20% percent of the country's money supply, and the value of the country's imports during the previous 4 months. Requires the use, for calculating a country's "real effective exchange rate undervaluation," of certain guidelines of the Consultative Group on Exchange Rate Issues of the International Monetary Fund (IMF) or, if those guidelines are not available, generally accepted economic and econometric techniques and methodologies. Requires the use, also, of inflation-adjusted, trade-weighted exchange rates. Applies the amendments made by this Act to goods from Canada and Mexico.

AI Summary

This bill, the Currency Reform for Fair Trade Act, amends existing trade law to address situations where a foreign country's currency is "fundamentally undervalued," meaning its exchange rate is artificially low, giving its exports an unfair price advantage. The bill clarifies that the benefit conferred by such an undervalued currency can be considered a "countervailable subsidy," which is a government benefit that can lead to the imposition of countervailing duties or antidumping duties to offset the unfair advantage. To determine if a currency is fundamentally undervalued, the government must find evidence of prolonged, large-scale intervention in foreign exchange markets, an undervaluation of at least 5% in the country's "real effective exchange rate" (which is an inflation-adjusted, trade-weighted exchange rate), significant and persistent global current account surpluses, and excessive foreign asset reserves held by the government. The bill also specifies that even if a subsidy related to an undervalued currency is also available for non-export purposes, it can still be considered an export subsidy. These changes will apply to goods from Canada and Mexico.

Committee Categories

Budget and Finance

Sponsors (13)

Last Action

Read twice and referred to the Committee on Finance. (on 02/14/2011)

bill text


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