Leveling the Playing Field 2.0 Act
Sponsored By: Representative Van Duyne
Introduced
Summary
Strengthen U.S. trade enforcement against subsidized and dumped imports. This bill would speed investigations, broaden treatment of cross-border and upstream subsidies, and impose new importer certification, asset, and penalty rules.
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Bill Overview
Analyzed Economic Effects
7 provisions identified: 0 benefits, 1 costs, 6 mixed.
New importer certifications and bonds
If enacted, importers could be required to certify at entry that the goods and their inputs are not part of an AD/CVD case. Missing or false statements would trigger suspended liquidation, cash deposits equal to the duty, and possible civil or criminal penalties. Nonresident importers would need U.S.‑based assets that exceed potential duties at the highest rate and a bond sized to those assets. Exceptions would apply for validated Tier 2 or Tier 3 C‑TPAT importers or where Customs can collect as well. Procedures would be issued within 90 days; the asset/bond rule would apply to entries 180 days after enactment, with penalties of $50,000 per violation if domestic value is at least $50,000, or 50% of the value if less.
Broader evasion rules and tighter protests
If enacted, evasion rules would also cover safeguard actions, and agencies could request information from people reasonably suspected of evasion. Confidential business‑information protections would apply in evasion cases, with some deadlines set to 14 or 30 days, and these protections would take effect 180 days after enactment. Importers would not be able to use the normal protest process to challenge liquidation or reliquidation decisions made under an evasion determination and its review.
Commerce decides product coverage
If enacted, Commerce could decide if imports are covered by an AD/CVD case using any reasonable method. Commerce would not have to follow Customs’ tariff or origin rulings. It could weigh physical traits, intended use, value added in third countries, investment and processing, and whether key parts were substantially transformed. These rules would apply to new investigations, reviews, and circumvention inquiries started after enactment.
Faster timelines for trade cases
If enacted, follow-up antidumping and subsidy cases would move faster. For countervailing duties, a preliminary decision would be due in 85 days and the final 75 days after that; deadlines could be extended only if the petitioner asks. For antidumping, the preliminary decision would be due in 140 days and the final 75 days later, with the same extension rule. The Trade Commission would have to consider results from a recent or concurrent case (within 2 years) and could not deny injury just because prior relief improved industry health. Circumvention inquiries would have a 45‑day start decision (one 15‑day extension), a preliminary decision in 150 days (extend up to 60), a final 150 days later (extend up to 65), and class‑or‑kind calls done in 335 days; Customs would keep suspensions and require cash deposits for affected entries.
New dumping cost and value methods
If enacted, Commerce could revalue major inputs bought from certain unaffiliated suppliers, like nonmarket‑economy firms or governments, when a constructed cost is higher than the recorded cost. If a particular market situation makes costs unreliable, Commerce could use another method and would apply a “reasonably” standard in one test. Duty‑drawback increases would be capped at the per‑unit duties in the weighted average cost of production. These section 204 changes would also apply retroactively to AD reviews and investigations started on or after June 29, 2015, and to related Customs actions and court cases with no final judgment.
Broader subsidy rules, including currency
If enacted, investigators could treat some subsidies from a third country as if the subject country provided them when that government helped make the subsidy happen, and add those subsidies together. Upstream rules would reach multinational firms that buy inputs from cross‑owned suppliers in a third country with an affirmative subsidy finding, when there is a competitive benefit. Commerce would also examine whether currency undervaluation by a government provides a subsidy, using methods it finds appropriate and considering government actions.
Rules also apply to USMCA trade
If enacted, these trade‑law changes would also apply to goods from Canada and Mexico under the USMCA implementation law.
Sponsors & CoSponsors
Sponsor
Van Duyne
TX • R
Cosponsors
Sewell
AL • D
Sponsored 2/24/2025
Miller (WV)
WV • R
Sponsored 2/24/2025
Moolenaar
MI • R
Sponsored 2/24/2025
Krishnamoorthi
IL • D
Sponsored 2/24/2025
Bost
IL • R
Sponsored 2/24/2025
Crawford
AR • R
Sponsored 2/24/2025
Rogers (AL)
AL • R
Sponsored 2/24/2025
Balderson
OH • R
Sponsored 2/24/2025
Bergman
MI • R
Sponsored 2/24/2025
Carson
IN • D
Sponsored 2/24/2025
Ciscomani
AZ • R
Sponsored 2/24/2025
De La Cruz
TX • R
Sponsored 2/24/2025
Deluzio
PA • D
Sponsored 2/24/2025
Dingell
MI • D
Sponsored 2/24/2025
Edwards
NC • R
Sponsored 2/24/2025
Finstad
MN • R
Sponsored 2/24/2025
Hinson
IA • R
Sponsored 2/24/2025
Houlahan
PA • D
Sponsored 2/24/2025
Johnson (GA)
GA • D
Sponsored 2/24/2025
Kelly (IL)
IL • D
Sponsored 2/24/2025
Khanna
CA • D
Sponsored 2/24/2025
McGarvey
KY • D
Sponsored 2/24/2025
Moore (NC)
NC • R
Sponsored 2/24/2025
Mrvan
IN • D
Sponsored 2/24/2025
Nehls
TX • R
Sponsored 2/24/2025
Rulli
OH • R
Sponsored 2/24/2025
Scholten
MI • D
Sponsored 2/24/2025
Sykes
OH • D
Sponsored 2/24/2025
Titus
NV • D
Sponsored 2/24/2025
Veasey
TX • D
Sponsored 2/24/2025
Moore (WV)
WV • R
Sponsored 3/3/2025
Budzinski
IL • D
Sponsored 3/3/2025
Waters
CA • D
Sponsored 3/3/2025
DeLauro
CT • D
Sponsored 3/3/2025
Norcross
NJ • D
Sponsored 3/3/2025
Davis (NC)
NC • D
Sponsored 3/3/2025
Hoyle (OR)
OR • D
Sponsored 3/3/2025
Aderholt
AL • R
Sponsored 3/18/2025
Golden (ME)
ME • D
Sponsored 3/27/2025
Shreve
IN • R
Sponsored 4/7/2025
Kelly (PA)
PA • R
Sponsored 4/7/2025
Stauber
MN • R
Sponsored 4/7/2025
Stefanik
NY • R
Sponsored 4/7/2025
Sherrill
NJ • D
Sponsored 4/21/2025
Thanedar
MI • D
Sponsored 4/21/2025
Turner (OH)
OH • R
Sponsored 4/21/2025
Rutherford
FL • R
Sponsored 4/21/2025
Brown
OH • D
Sponsored 4/21/2025
Meuser
PA • R
Sponsored 4/28/2025
Bresnahan
PA • R
Sponsored 4/28/2025
Wilson (SC)
SC • R
Sponsored 4/28/2025
Kean
NJ • R
Sponsored 4/28/2025
Lee (PA)
PA • D
Sponsored 5/15/2025
Kaptur
OH • D
Sponsored 5/15/2025
Langworthy
NY • R
Sponsored 6/4/2025
Stevens
MI • D
Sponsored 6/4/2025
Houchin
IN • R
Sponsored 6/4/2025
Dunn (FL)
FL • R
Sponsored 6/9/2025
Thompson (PA)
PA • R
Sponsored 6/24/2025
McCormick
GA • R
Sponsored 6/26/2025
Guest
MS • R
Sponsored 6/30/2025
Taylor
OH • R
Sponsored 7/10/2025
Landsman
OH • D
Sponsored 7/10/2025
Foushee
NC • D
Sponsored 7/25/2025
Ezell
MS • R
Sponsored 8/12/2025
Strong
AL • R
Sponsored 8/12/2025
Carter (LA)
LA • D
Sponsored 8/12/2025
Walberg
MI • R
Sponsored 8/12/2025
Sessions
TX • R
Sponsored 8/12/2025
Case
HI • D
Sponsored 8/12/2025
Joyce (OH)
OH • R
Sponsored 8/29/2025
Harrigan
NC • R
Sponsored 9/9/2025
Arrington
TX • R
Sponsored 9/15/2025
McDowell
NC • R
Sponsored 9/15/2025
Carey
OH • R
Sponsored 9/18/2025
Babin
TX • R
Sponsored 9/18/2025
Vindman
VA • D
Sponsored 10/6/2025
Weber (TX)
TX • R
Sponsored 10/6/2025
Higgins (LA)
LA • R
Sponsored 10/8/2025
Craig
MN • D
Sponsored 10/8/2025
Barr
KY • R
Sponsored 10/28/2025
Rouzer
NC • R
Sponsored 11/20/2025
Rogers (KY)
KY • R
Sponsored 11/20/2025
Mannion
NY • D
Sponsored 12/2/2025
Stutzman
IN • R
Sponsored 12/2/2025
Moore (AL)
AL • R
Sponsored 12/4/2025
Riley (NY)
NY • D
Sponsored 12/18/2025
Alford
MO • R
Sponsored 2/11/2026
Nunn (IA)
IA • R
Sponsored 2/13/2026
Lynch
MA • D
Sponsored 2/24/2026
Moran
TX • R
Sponsored 3/5/2026
Tenney
NY • R
Sponsored 3/9/2026
McDonald Rivet
MI • D
Sponsored 3/12/2026
Steube
FL • R
Sponsored 3/17/2026
Larson (CT)
CT • D
Sponsored 4/2/2026
Roll Call Votes
No roll call votes available for this bill.
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