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The Senate bill would let the Commerce Department retaliate against currency misalignment by imposing duties or tariffs.
If they conclude that dumping is taking place, the Commerce Department has the option of imposing duties on the imports.
The European Union has begun imposing duties on American exports worth $4 billion a year, though it is ratcheting up those tariffs gradually over the next year.
The decision means the department may start imposing duties, which will be kept in escrow until a final determination is reached in May, it said in a release.
Justice Scalia said that state tort law, by imposing duties of care on product makers, amounted to such an additional requirement.
Until now, such subsidies have not been deemed grounds for imposing duties on products from a nonmarket economy — the designation given by the United States government to China.
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It imposes duties on the PLP which, for most of the past 10 years, it has not fulfilled.
Some in Congress want to make it easier to impose duties on Chinese imports to compensate.
Preservationists argued that the intrinsic value of nature imposes duties to respect and preserve natural objects.
Europe and Japan are already furious with Mr Bush for his decision to impose duties on steel imports.
The decision means that the Commerce Department can now impose duties it recommended in August.
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com