Sponsors
Ask me about this bill
This is not an official government website.
Copyright © 2026 PLEJ LC. All rights reserved.
Grants the United States Trade Representative (USTR) authority to investigate and, with Presidential direction, impose trade-remedy measures when firms tied to a “nonmarket economy” country use third-country investments to try to avoid duties imposed under section 301. It sets how investigations start, deadlines for decisions, the range of remedies (including duties at least equal to the duty that would apply from the nonmarket economy country), agency cooperation rules, and definitions for terms like “covered entity” and “nonmarket economy country.”
Adds a new section 311 (Remedial measures regarding evasion of duties by certain entities in nonmarket economy countries) to Title III of the Trade Act of 1974 (19 U.S.C. 2411 et seq.).
The Trade Representative may initiate an inquiry into whether a covered entity is establishing, planning to establish, or has established an investment in a third country that would avoid duties imposed under section 301.
If the Trade Representative makes an affirmative determination under subsection (a) and subject to any specific direction of the President, the Trade Representative may impose remedial measures with respect to goods produced in the third country by a covered entity, which may include imposing a duty equal to not less than the value of the duty placed on the relevant product of the nonmarket economy country under section 301.
An action to impose a remedial measure may be taken at any point during a section 301 investigation if the third-country investment has begun production.
An action to impose a remedial measure may be taken prospectively if the covered entity has plans to establish production in the third country.
Who is affected and how:
Importers, multinational firms, and U.S. businesses that rely on foreign suppliers: Companies that use third-country intermediaries or investment vehicles to source goods may face new investigations and possible retroactive or prospective duties if those arrangements are tied to entities in a nonmarket economy country. This raises compliance costs, may require more detailed ownership transparency, and could change sourcing decisions.
Foreign entities and investors tied to nonmarket economy countries: Firms organized in or linked to nonmarket economies (e.g., state-owned enterprises, affiliates, or investors) that set up investments in third countries to route goods to the U.S. can be treated as "covered entities" and subject to remedial duties, potentially reducing the attractiveness of such circumvention strategies.
USTR and federal agencies: USTR gains a new enforcement tool and will need to carry out investigations; other federal agencies are required to cooperate and supply information, increasing their workload related to trade enforcement.
Supply chains and trade flows: The measure could deter the use of third-country routing to avoid tariffs, encouraging reshoring, diversification of suppliers, or more transparent corporate structures. It could also create short-term disruption and legal challenges as firms adjust.
Legal and trade-policy environment: Expands the legal basis for treating certain investment and ownership structures as a basis for trade remedies, likely prompting litigation and administrative appeals. It may also increase trade tensions with affected countries and lead to diplomatic or reciprocal measures.
Overall effect: The law raises the cost and risk of using third-country investments to evade section 301 duties, pushes companies toward greater ownership and supply-chain transparency, and strengthens USTR’s toolkit for enforcing trade remedies. It also creates additional administrative burdens for government agencies and may generate legal disputes and international friction.
Expand sections to see detailed analysis
ANTE Act
Read twice and referred to the Committee on Finance.
Introduced May 22, 2025 by James E. Banks · Last progress May 22, 2025
Read twice and referred to the Committee on Finance.
Introduced in Senate