My Approved PortraitsWashington, D.C. — U.S. Senator Joe Donnelly Wednesday announced his support for the Leveling the Playing Field Act, S. 891, a bipartisan bill that would strengthen the enforcement of trade laws and the ability of U.S. companies to fight back against unfair foreign trade practices.

Donnelly said, “It is important that we keep Hoosier—and all American—businesses and industries competitive through the promotion of exports. Good trade policies help create jobs and fuel economic growth. Unfortunately, in recent years, Hoosier workers, manufacturers, and businesses have been hurt by unfair trade policies. This legislation would take important steps to protect American jobs from the unfair trade practices that threaten them—helping level the playing field. Given a level field, Hoosier workers and companies can compete with anyone in the world.

I will continue to work with Indiana businesses and my Senate colleagues to improve our trade laws, ensuring they are fair and promote economic growth and opportunity here at home.”

The Leveling the Playing Field Act, introduced by Senator Sherrod Brown (D-OH), would restore strength to antidumping and countervailing duty statutes that allow businesses and workers in the U.S. to petition the Department of Commerce and the International Trade Commission (ITC) when foreign producers sell goods in the U.S. below market price or receive illegal subsidies. The bill would:

  • Maintain that the Commerce Department has discretion to estimate a subsidy margin and other necessary information when a mandatory respondent does not cooperate with an investigation;
  • Increase the length of time and economic factors the ITC should use to evaluate injury or threat of injury to U.S. companies to ensure a determination is based on a comprehensive assessment;
  • Close the “new shipper” loophole in current law used by companies to circumvent antidumping and countervailing duty laws. These companies inflate prices on their first sale into the U.S. to get a low tariff and then drastically reduce prices to below-market levels on sales thereafter, and use the lower tariff; and
  • Increase penalties for failure to provide a country of origin certificate for merchandise covered under antidumping and countervailing duty laws or for falsifying information on the certificate.

Donnelly is a vocal advocate for the promotion of exports and innovation through his Opportunity Agenda. He has long-supported efforts to address the unfair trade practices of other countries that negatively impact Hoosier and American companies.  In August 2014,Donnelly applauded the ITC’s final vote to assess duties on unfairly traded imports of oil country tubular goods (OCTG) that materially injure the domestic steel injury. This vote followed Donnelly’s letter to the ITC to uphold the Department of Commerce ruling that additional duties should be levied on unfairly traded imports of OCTG from India, South Korea, Philippines, Saudi Arabia, Taiwan, Thailand, Turkey, Ukraine, and Vietnam.  In October 2013, Donnelly testified before the ITC on the importance of a level playing field for the Indiana steel industry and workers. He also helped lead a bipartisan letter to the ITC Chairman asking the ITC maintain existing antidumping and countervailing duty laws.