Leveling the Playing Field 2.0 Act

Summary

Speeds up and strengthens U.S. trade cases against unfairly priced or subsidized imports. It sets fast timelines for “follow‑on” antidumping and countervailing duty investigations, adds tools to spot distorted costs and cross‑border subsidies, and allows investigators to treat undervalued currency as a subsidy. Cracks down on duty‑dodging by tightening anti‑circumvention rules, adding importer certification and bonding for nonresident importers, and expanding Customs’ anti‑evasion procedures. Most changes apply on or after enactment (including to Canada and Mexico), with some rules applying to pending cases and new confidentiality procedures starting 180 days after enactment.

Key Points

• Imposes fast, predictable timelines for successive antidumping and countervailing duty investigations.
• Lets investigators adjust prices and costs when markets are distorted (particular market situation) and set special rules for major inputs.
• Treats certain third‑country or cross‑border subsidies as if provided by the subject country and allows cumulation.
• Strengthens anti‑circumvention with strict initiation and decision deadlines, importer certifications, and bonding/asset requirements for nonresident importers.
• Requires examination of currency undervaluation as a potential subsidy and defines how to calculate any benefit.
• Expands and aligns CBP procedures to investigate evasion of AD/CVD and safeguard measures; some CBP decisions become non‑protestable.
• Extends confidentiality and proprietary information protections to new enforcement proceedings; CBP must issue regulations.
• Applies broadly (including to Canada and Mexico) with special rules for pending cases and limited retroactive application.

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