S. 172: Stopping Adversarial Tariff Evasion Act

This bill expands the applicability of certain trade enforcement actions to goods from entities (e.g., businesses) that are owned, controlled, directed, or operated by a foreign adversary (i.e., China, Russia, Iran, North Korea, Cuba, and the Maduro regime of Venezuela). The bill applies to an entity for which, on any date during the most recent 12-month period, at least 25% of the equity interests in such entity are held directly or indirectly by one or more foreign adversary parties.

Currently, the Office of the U.S. Trade Representative may take certain enforcement actions under trade agreements or in response to certain unfair foreign trade practices (Section 301 of the Trade Act of 1974), and the President may take certain actions after a determination of import injury (Section 203 of the Trade Act of 1974) or to safeguard national security (Section 232 of the Trade Expansion Act of 1962).

This bill applies these enforcement actions to any good that is produced, manufactured, or that underwent final assembly by a foreign adversary party or an entity owned, controlled, directed, or operated by a foreign adversary party, as if the good originated in the foreign adversary country. Therefore, these enforcement actions shall apply to goods from companies that are based in other countries and are tied to foreign adversaries. (For example, additional tariffs may be imposed on goods from a Chinese manufacturer that are produced in Vietnam.)

Written by the Congressional Research Service, Library of Congress.