deposit and release any bond or other security deposited

under section 1671b(d)(1)(B) of this title.

(B) Other agreements

If the agreement accepted by the administering authority is

an agreement described in subsection (c) of this section, then

the liquidation of entries of the subject merchandise shall be

suspended under section 1671b(d)(2) of this title, or, if the

liquidation of entries of such merchandise was suspended

pursuant to a previous affirmative preliminary determination in

the same case, that suspension of liquidation shall continue in

effect, subject to subsection (h)(3) of this section, but the

security required under section 1671b(d)(1)(B) of this title

may be adjusted to reflect the effect of the agreement.

(3) Where investigation is continued

If, pursuant to subsection (g) of this section, the

administering authority and the Commission continue an

investigation in which an agreement has been accepted under

subsection (b) or (c) of this section, then -

(A) if the final determination by the administering authority

or the Commission under section 1671d of this title is

negative, the agreement shall have no force or effect and the

investigation shall be terminated, or

(B) if the final determinations by the administering

authority and the Commission under such section are

affirmative, the agreement shall remain in force, but the

administering authority shall not issue a countervailing duty

order in the case so long as -

(i) the agreement remains in force,

(ii) the agreement continues to meet the requirements of

subsections (b) and (d) or (c) and (d) of this section, and

(iii) the parties to the agreement carry out their

obligations under the agreement in accordance with its terms.

(g) Investigation to be continued upon request

If the administering authority, within 20 days after the date of

publication of the notice of suspension of an investigation,

receives a request for the continuation of the investigation from -

(1) the government of the country in which the countervailable

subsidy practice is alleged to occur, or

(2) an interested party described in subparagraph (C), (D),

(E), (F), or (G) of section 1677(9) of this title which is a

party to the investigation,

then the administering authority and the Commission shall continue

the investigation.

(h) Review of suspension

(1) In general

Within 20 days after the suspension of an investigation under

subsection (c) of this section, an interested party which is a

party to the investigation and which is described in subparagraph

(C), (D), (E), (F), or (G) of section 1677(9) of this title may,

by petition filed with the Commission and with notice to the

administering authority, ask for a review of the suspension.

(2) Commission investigation

Upon receipt of a review petition under paragraph (1), the

Commission shall, within 75 days after the date on which the

petition is filed with it, determine whether the injurious effect

of imports of the subject merchandise is eliminated completely by

the agreement. If the Commission's determination under this

subsection is negative, the investigation shall be resumed on the

date of publication of notice of such determination as if the

affirmative preliminary determination under section 1671b(b) of

this title had been made on that date.

(3) Suspension of liquidation to continue during review period

The suspension of liquidation of entries of the subject

merchandise shall terminate at the close of the 20-day period

beginning on the day after the date on which notice of suspension

of the investigation is published in the Federal Register, or, if

a review petition is filed under paragraph (1) with respect to

the suspension of the investigation, in the case of an

affirmative determination by the Commission under paragraph (2),

the date on which notice of the affirmative determination by the

Commission is published. If the determination of the Commission

under paragraph (2) is affirmative, then the administering

authority shall -

(A) terminate the suspension of liquidation under section

1671b(d)(2) of this title, and

(B) release any bond or other security, and refund any cash

deposit, required under section 1671b(d)(1)(B) of this title.

(i) Violation of agreement

(1) In general

If the administering authority determines that an agreement

accepted under subsection (b) or (c) of this section is being, or

has been, violated, or no longer meets the requirements of such

subsection (other than the requirement, under subsection (c)(1)

of this section, of elimination of injury) and subsection (d) of

this section, then, on the date of publication of its

determination, it shall -

(A) suspend liquidation under section 1671b(d)(2) of this

title of unliquidated entries of the merchandise made on or

after the later of -

(i) the date which is 90 days before the date of

publication of the notice of suspension of liquidation, or

(ii) the date on which the merchandise, the sale or export

to the United States of which was in violation of the

agreement, or under an agreement which no longer meets the

requirements of subsections (b) and (d) or (c) and (d) of

this section, was first entered, or withdrawn from warehouse,

for consumption,

(B) if the investigation was not completed, resume the

investigation as if its affirmative preliminary determination

under section 1671b(b) of this title were made on the date of

its determination under this paragraph,

(C) if the investigation was completed under subsection (g)

of this section, issue a countervailing duty order under

section 1671e(a) of this title effective with respect to

entries of merchandise the liquidation of which was suspended,

(D) if it considers the violation to be intentional, notify

the Commissioner of Customs who shall take appropriate action

under paragraph (2), and

(E) notify the petitioner, interested parties who are or were

parties to the investigation, and the Commission of its action

under this paragraph.

(2) Intentional violation to be punished by civil penalty

Any person who intentionally violates an agreement accepted by

the administering authority under subsection (b) or (c) of this

section shall be subject to a civil penalty assessed in the same

amount, in the same manner, and under the same procedure, as the

penalty imposed for a fraudulent violation of section 1592(a) of

this title.

(j) Determination not to take agreement into account

In making a final determination under section 1671d of this

title, or in conducting a review under section 1675 of this title,

in a case in which the administering authority has terminated a

suspension of investigation under subsection (i)(1) of this

section, or continued an investigation under subsection (g) of this

section, the Commission and the administering authority shall

consider all of the subject merchandise, without regard to the

effect of any agreement under subsection (b) or (c) of this

section.

(k) Termination of investigations initiated by administering

authority

The administering authority may terminate any investigation

initiated by the administering authority under section 1671a(a) of

this title after providing notice of such termination to all

parties to the investigation.

(l) Special rule for regional industry investigations

(1) Suspension agreements

If the Commission makes a regional industry determination under

section 1677(4)(C) of this title, the administering authority

shall offer exporters of the subject merchandise who account for

substantially all exports of that merchandise for sale in the

region concerned the opportunity to enter into an agreement

described in subsection (b) or (c) of this section.

(2) Requirements for suspension agreements

Any agreement described in paragraph (1) shall be subject to

all the requirements imposed under this section for other

agreements under subsection (b) or (c) of this section, except

that if the Commission makes a regional industry determination

described in paragraph (1) in the final affirmative determination

under section 1671d(b) of this title but not in the preliminary

affirmative determination under section 1671b(a) of this title,

any agreement described in paragraph (1) may be accepted within

60 days after the countervailing duty order is published under

section 1671e of this title.

(3) Effect of suspension agreement on countervailing duty order

If an agreement described in paragraph (1) is accepted after

the countervailing duty order is published, the administering

authority shall rescind the order, refund any cash deposit and

release any bond or other security deposited under section

1671b(d)(1)(B) of this title, and instruct the Customs Service

that entries of the subject merchandise that were made during the

period that the order was in effect shall be liquidated without

regard to countervailing duties.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 704, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 154; amended Pub.

L. 98-573, title VI, Sec. 604(a), 612(b)(2), Oct. 30, 1984, 98

Stat. 3025, 3034; Pub. L. 99-514, title XVIII, Sec. 1886(a)(4),

Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100-418, title I, Sec.

1326(d)(2), Aug. 23, 1988, 102 Stat. 1204; Pub. L. 103-465, title

II, Sec. 216(a), 217(a), 218(a)(1), 233(a)(5)(D)-(M),

264(c)(3)-(6), 270(a)(1)(E), (2)(A), (c)(1), Dec. 8, 1994, 108

Stat. 4853, 4854, 4899, 4914, 4917.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 217(a), designated

existing provisions as subpar. (A), inserted heading, realigned

margin, and added subpar. (B).

Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 233(a)(5)(D),

270(a)(1)(E), substituted ''countervailable subsidy'' for

''subsidy'' and ''subject merchandise'' for ''merchandise that is

subject to the investigation''.

Subsec. (b). Pub. L. 103-465, Sec. 270(a)(2)(A), (c)(1), in

heading, substituted ''countervailable subsidy'' for ''subsidy''

and ''subject merchandise'' for ''subsidized merchandise''.

Pub. L. 103-465, Sec. 233(a)(5)(E), 270(a)(1)(E), in introductory

provisions, substituted ''countervailable subsidy'' for ''subsidy''

and ''subject merchandise'' for ''merchandise which is the subject

of the investigation''.

Subsec. (b)(1). Pub. L. 103-465, Sec. 270(a)(1)(E), substituted

''countervailable subsidy'' for ''subsidy'' in two places.

Subsec. (c)(1), (2). Pub. L. 103-465, Sec. 233(a)(5)(F), (G),

substituted ''subject merchandise'' for ''merchandise which is the

subject of the investigation''.

Subsec. (c)(2)(B). Pub. L. 103-465, Sec. 270(a)(1)(E),

substituted ''countervailable subsidy'' for ''subsidy''.

Subsec. (c)(3). Pub. L. 103-465, Sec. 233(a)(5)(H), substituted

''subject merchandise'' for ''merchandise which is the subject of

an investigation''.

Subsec. (c)(4)(B)(i). Pub. L. 103-465, Sec. 270(a)(1)(E),

substituted ''countervailable subsidy'' for ''subsidy''.

Subsec. (d)(1). Pub. L. 103-465, Sec. 216(a), in concluding

provisions, substituted ''Where practicable, the administering

authority shall provide to the exporters who would have been

subject to the agreement the reasons for not accepting the

agreement and, to the extent possible, an opportunity to submit

comments thereon. In applying'' for ''In applying''.

Subsec. (d)(2). Pub. L. 103-465, Sec. 270(a)(1)(E), substituted

''countervailable subsidy'' for ''subsidy''.

Subsec. (d)(3). Pub. L. 103-465, Sec. 233(a)(5)(I), substituted

''subject merchandise'' for ''merchandise covered by such

agreement''.

Subsec. (f)(1)(A). Pub. L. 103-465, Sec. 233(a)(5)(J),

substituted ''subject merchandise'' for ''merchandise which is the

subject of the investigation''.

Subsec. (f)(2)(A). Pub. L. 103-465, Sec. 270(a)(1)(E),

substituted ''countervailable subsidy'' for ''subsidy'' in heading.

Subsec. (f)(2)(A)(i), (iii). Pub. L. 103-465, Sec. 233(a)(5)(K),

264(c)(3), in cl. (i), substituted ''subject merchandise'' for

''merchandise which is the subject of the investigation'' and

''1671b(d)(2)'' for ''1671b(d)(1)'', and in cl. (iii), substituted

''1671b(d)(1)(B)'' for ''1671b(d)(1)''.

Subsec. (f)(2)(B). Pub. L. 103-465, Sec. 233(a)(5)(K), 264(c)(4),

substituted ''subject merchandise'' for ''merchandise which is the

subject of the investigation'', ''1671b(d)(2)'' for

''1671b(d)(1)'', and ''1671b(d)(1)(B)'' for ''1671b(d)(2)''.

Subsec. (g)(1). Pub. L. 103-465, Sec. 270(a)(1)(E), substituted

''countervailable subsidy'' for ''subsidy''.

Subsec. (h)(2). Pub. L. 103-465, Sec. 233(a)(5)(L), substituted

''subject merchandise'' for ''merchandise which is the subject of

the investigation''.

Subsec. (h)(3). Pub. L. 103-465, Sec. 233(a)(5)(L), 264(c)(5), in

introductory provisions, substituted ''subject merchandise'' for

''merchandise which is the subject of the investigation'', in

subpar. (A), substituted ''1671b(d)(2)'' for ''1671b(d)(1)'', and

in subpar. (B), substituted ''1671b(d)(1)(B)'' for ''1671b(d)(2)''.

Subsec. (i)(1)(A). Pub. L. 103-465, Sec. 264(c)(6), substituted

''1671b(d)(2)'' for ''1671b(d)(1)'' in introductory provisions.

Subsec. (j). Pub. L. 103-465, Sec. 233(a)(5)(M), substituted

''subject merchandise'' for ''merchandise which is the subject of

the investigation''.

Subsec. (l). Pub. L. 103-465, Sec. 218(a)(1), added subsec. (l).

1988 - Subsecs. (g)(2), (h)(1). Pub. L. 100-418 substituted

''subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of

this title'' for ''subparagraph (C), (D), (E), and (F) of section

1677(9) of this title''.

1986 - Subsec. (d)(2), (3). Pub. L. 99-514, Sec. 1886(a)(4)(A),

added par. (2) and redesignated former par. (2) as (3).

Subsec. (i)(1)(D). Pub. L. 99-514, Sec. 1886(a)(4)(B),

substituted ''intentional'' for ''international''.

1984 - Subsec. (a). Pub. L. 98-573, Sec. 604(a)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''An investigation under this part may be terminated by

either the administering authority or the Commission after notice

to all parties to the investigation, upon withdrawal of the

petition by the petitioner. The Commission may not terminate an

investigation under the preceding sentence before a preliminary

determination is made by the administering authority under section

1671b(b) of this title.''

Subsec. (d)(1). Pub. L. 98-573, Sec. 604(a)(2)(A), inserted

provision, following subpar. (B), that in applying subpar. (A) with

respect to any quantitative restriction agreement under subsec. (c)

of this section, the administering authority shall take into

account, in addition to such other factors as are considered

necessary or appropriate, the factors set forth in subsec.

(a)(2)(B)(i), (ii), and (iii) of this section as they apply to the

proposed suspension and agreement, after consulting with the

appropriate consuming industries, producers, and workers referred

to in subsec. (a)(2)(C)(i) and (ii) of this section.

Subsec. (d)(2), (3). Pub. L. 98-573, Sec. 604(a)(2)(B), (C),

redesignated par. (3) as (2) and struck out former par. (2) which

provided that exports of merchandise to the United States were not

to increase during the interim period.

Subsec. (e)(3). Pub. L. 98-573, Sec. 604(a)(3), substituted ''all

interested parties described in section 1677(9) of this title'' for

''all parties to the investigation''.

Subsecs. (g)(2), (h)(1). Pub. L. 98-573, Sec. 612(b)(2),

substituted reference to subpar. ''(C), (D), (E), and (F)'' for

''(C), (D), or (E)'' of section 1677(9) of this title.

Subsec. (i)(1)(D), (E). Pub. L. 98-573, Sec. 604(a)(4)(A)-(C),

added subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (k). Pub. L. 98-573, Sec. 604(a)(5), added subsec. (k).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable with respect to

investigations initiated after Aug. 23, 1988, and to reviews

initiated under section 1673e(c) or 1675 of this title after Aug.

23, 1988, see section 1337(b) of Pub. L. 100-418, set out as a note

under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 604(a) of Pub. L. 98-573 effective Oct. 30,

1984, and amendment by section 612(b)(2) of Pub. L. 98-573

applicable with respect to investigations initiated by petition or

by the administering authority under parts I and II of this

subtitle, and to reviews begun under section 1675 of this title, on

or after Oct. 30, 1984, see section 626(a), (b)(1) of Pub. L.

98-573, as amended, set out as a note under section 1671 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1671, 1675, 1675a,

1675b, 1676, 1676a, 1677, 1677i, 1677m of this title; title 28

section 1582.

-CITE-

19 USC Sec. 1671d 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671d. Final determinations

-STATUTE-

(a) Final determination by administering authority

(1) In general

Within 75 days after the date of the preliminary determination

under section 1671b(b) of this title, the administering authority

shall make a final determination of whether or not a

countervailable subsidy is being provided with respect to the

subject merchandise; except that when an investigation under this

part is initiated simultaneously with an investigation under part

II of this subtitle, which involves imports of the same class or

kind of merchandise from the same or other countries, the

administering authority, if requested by the petitioner, shall

extend the date of the final determination under this paragraph

to the date of the final determination of the administering

authority in such investigation initiated under part II of this

subtitle.

(2) Critical circumstances determinations

If the final determination of the administering authority is

affirmative, then that determination, in any investigation in

which the presence of critical circumstances has been alleged

under section 1671b(e) of this title, shall also contain a

finding as to whether -

(A) the countervailable subsidy is inconsistent with the

Subsidies Agreement, and

(B) there have been massive imports of the subject

merchandise over a relatively short period.

Such findings may be affirmative even though the preliminary

determination under section 1671b(e)(1) of this title was

negative.

(3) De minimis countervailable subsidy

In making a determination under this subsection, the

administering authority shall disregard any countervailable

subsidy that is de minimis as defined in section 1671b(b)(4) of

this title.

(b) Final determination by Commission

(1) In general

The Commission shall make a final determination of whether -

(A) an industry in the United States -

(i) is materially injured, or

(ii) is threatened with material injury, or

(B) the establishment of an industry in the United States is

materially retarded,

by reason of imports, or sales (or the likelihood of sales) for

importation, of the merchandise with respect to which the

administering authority has made an affirmative determination

under subsection (a) of this section. If the Commission

determines that imports of the subject merchandise are

negligible, the investigation shall be terminated.

(2) Period for injury determination following affirmative

preliminary determination by administering authority

If the preliminary determination by the administering authority

under section 1671b(b) of this title is affirmative, then the

Commission shall make the determination required by paragraph (1)

before the later of -

(A) the 120th day after the day on which the administering

authority makes its affirmative preliminary determination under

section 1671b(b) of this title, or

(B) the 45th day after the day on which the administering

authority makes its affirmative final determination under

subsection (a) of this section.

(3) Period for injury determination following negative

preliminary determination by administering authority

If the preliminary determination by the administering authority

under section 1671b(b) of this title is negative, and its final

determination under subsection (a) of this section is

affirmative, then the final determination by the Commission under

this subsection shall be made within 75 days after the date of

that affirmative final determination.

(4) Certain additional findings

(A) Commission standard for retroactive application. -

(i) In general. - If the finding of the administering

authority under subsection (a)(2) of this section is

affirmative, then the final determination of the Commission

shall include a finding as to whether the imports subject to

the affirmative determination under subsection (a)(2) of this

section are likely to undermine seriously the remedial effect

of the countervailing duty order to be issued under section

1671e of this title.

(ii) Factors to consider. - In making the evaluation under

clause (i), the Commission shall consider, among other factors

it considers relevant -

(I) the timing and the volume of the imports,

(II) any rapid increase in inventories of the imports, and

(III) any other circumstances indicating that the remedial

effect of the countervailing duty order will be seriously

undermined.

(B) If the final determination of the Commission is that there

is no material injury but that there is threat of material

injury, then its determination shall also include a finding as to

whether material injury by reason of imports of the merchandise

with respect to which the administering authority has made an

affirmative determination under subsection (a) of this section

would have been found but for any suspension of liquidation of

entries of that merchandise.

(c) Effect of final determinations

(1) Effect of affirmative determination by the administering

authority

If the determination of the administering authority under

subsection (a) of this section is affirmative, then -

(A) the administering authority shall make available to the

Commission all information upon which such determination was

based and which the Commission considers relevant to its

determination, under such procedures as the administering

authority and the Commission may establish to prevent

disclosure, other than with the consent of the party providing

it or under protective order, of any information to which

confidential treatment has been given by the administering

authority,

(B)(i) the administering authority shall -

(I) determine an estimated individual countervailable

subsidy rate for each exporter and producer individually

investigated, and, in accordance with paragraph (5), an

estimated all-others rate for all exporters and producers not

individually investigated and for new exporters and producers

within the meaning of section 1675(a)(2)(B) of this title, or

(II) if section 1677f-1(e)(2)(B) of this title applies,

determine a single estimated country-wide subsidy rate,

applicable to all exporters and producers,

(ii) shall order the posting of a cash deposit, bond, or

other security, as the administering authority deems

appropriate, for each entry of the subject merchandise in an

amount based on the estimated individual countervailable

subsidy rate, the estimated all-others rate, or the estimated

country-wide subsidy rate, whichever is applicable, and

(C) in cases where the preliminary determination by the

administering authority under section 1671b(b) of this title

was negative, the administering authority shall order the

suspension of liquidation under paragraph (2) of section

1671b(d) of this title.

(2) Issuance of order; effect of negative determination

If the determinations of the administering authority and the

Commission under subsections (a)(1) and (b)(1) of this section

are affirmative, then the administering authority shall issue a

countervailing duty order under section 1671e(a) of this title.

If either of such determinations is negative, the investigation

shall be terminated upon the publication of notice of that

negative determination and the administering authority shall -

(A) terminate the suspension of liquidation under section

1671b(d)(2) of this title, and

(B) release any bond or other security and refund any cash

deposit required under section 1671b(d)(1)(B) of this title.

(3) Effect of negative determinations under subsections (a)(2)

and (b)(4)(A) of this section

If the determination of the administering authority or the

Commission under subsection (a)(2) and (b)(4)(A) of this section,

respectively, is negative, then the administering authority shall

-

(A) terminate any retroactive suspension of liquidation

required under paragraph (4) or section 1671b(e)(2) of this

title, and

(B) release any bond or other security, and refund any cash

deposit required, under section 1671b(d)(1)(B) of this title

with respect to entries of the merchandise the liquidation of

which was suspended retroactively under section 1671b(e)(2) of

this title.

(4) Effect of affirmative determination under subsection (a)(2)

of this section

If the determination of the administering authority under

subsection (a)(2) of this section is affirmative, then the

administering authority shall -

(A) in cases where the preliminary determinations by the

administering authority under sections 1671b(b) and 1671b(e)(1)

of this title were both affirmative, continue the retroactive

suspension of liquidation and the posting of a cash deposit,

bond, or other security previously ordered under section

1671b(e)(2) of this title;

(B) in cases where the preliminary determination by the

administering authority under section 1671b(b) of this title

was affirmative, but the preliminary determination under

section 1671b(e)(1) of this title was negative, shall modify

any suspension of liquidation and security requirement

previously ordered under section 1671b(d) of this title to

apply to unliquidated entries of merchandise entered, or

withdrawn from warehouse, for consumption on or after the date

which is 90 days before the date on which suspension of

liquidation was first ordered; or

(C) in cases where the preliminary determination by the

administering authority under section 1671b(b) of this title

was negative, shall apply any suspension of liquidation and

security requirement ordered under subsection (c)(1)(B) of this

section to unliquidated entries of merchandise entered, or

withdrawn from warehouse, for consumption on or after the date

which is 90 days before the date on which suspension of

liquidation is first ordered.

(5) Method for determining the all-others rate and the

country-wide subsidy rate

(A) All-others rate

(i) General rule

For purposes of this subsection and section 1671b(d) of

this title, the all-others rate shall be an amount equal to

the weighted average countervailable subsidy rates

established for exporters and producers individually

investigated, excluding any zero and de minimis

countervailable subsidy rates, and any rates determined

entirely under section 1677e of this title.

(ii) Exception

If the countervailable subsidy rates established for all

exporters and producers individually investigated are zero or

de minimis rates, or are determined entirely under section

1677e of this title, the administering authority may use any

reasonable method to establish an all-others rate for

exporters and producers not individually investigated,

including averaging the weighted average countervailable

subsidy rates determined for the exporters and producers

individually investigated.

(B) Country-wide subsidy rate

The administering authority may calculate a single

country-wide subsidy rate, applicable to all exporters and

producers, if the administering authority limits its

examination pursuant to section 1677f-1(e)(2)(B) of this

title. The estimated country-wide rate determined under

section 1671b(d)(1)(A)(ii) of this title or paragraph

(1)(B)(i)(II) of this subsection shall be based on

industry-wide data regarding the use of subsidies determined to

be countervailable.

(d) Publication of notice of determinations

Whenever the administering authority or the Commission makes a

determination under this section, it shall notify the petitioner,

other parties to the investigation, and the other agency of its

determination and of the facts and conclusions of law upon which

the determination is based, and it shall publish notice of its

determination in the Federal Register.

(e) Correction of ministerial errors

The administering authority shall establish procedures for the

correction of ministerial errors in final determinations within a

reasonable time after the determinations are issued under this

section. Such procedures shall ensure opportunity for interested

parties to present their views regarding any such errors. As used

in this subsection, the term ''ministerial error'' includes errors

in addition, subtraction, or other arithmetic function, clerical

errors resulting from inaccurate copying, duplication, or the like,

and any other type of unintentional error which the administering

authority considers ministerial.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 705, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 159; amended Pub.

L. 98-573, title VI, Sec. 602(a)(2), 605(a), 606, Oct. 30, 1984, 98

Stat. 3024, 3028, 3029; Pub. L. 100-418, title I, Sec. 1324(a)(3),

1333(a), Aug. 23, 1988, 102 Stat. 1200, 1209; Pub. L. 103-465,

title II, Sec. 212(b)(1)(B), 214(a)(2), 233(a)(5)(N), 263(b),

264(b), (c)(7), (8), 270(a)(1)(F), (G), Dec. 8, 1994, 108 Stat.

4848, 4850, 4899, 4912-4914, 4917; Pub. L. 104-295, Sec. 20(b)(15),

Oct. 11, 1996, 110 Stat. 3527.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c)(1)(B)(i)(II). Pub. L. 104-295 inserted

''section'' after ''if''.

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(5)(N),

270(a)(1)(F), substituted ''countervailable subsidy'' for

''subsidy'' and ''the subject merchandise'' for ''the

merchandise''.

Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 214(a)(2)(A)(i),

270(a)(1)(G), substituted ''countervailable subsidy'' for

''subsidy'' and ''Subsidies Agreement'' for ''Agreement''.

Subsec. (a)(2)(B). Pub. L. 103-465, Sec. 214(a)(2)(A)(ii),

substituted ''subject merchandise'' for ''class or kind of

merchandise involved''.

Subsec. (a)(3). Pub. L. 103-465, Sec. 263(b), added par. (3).

Subsec. (b)(1). Pub. L. 103-465, Sec. 212(b)(1)(B), inserted at

end of concluding provisions ''If the Commission determines that

imports of the subject merchandise are negligible, the

investigation shall be terminated.''

Subsec. (b)(4)(A). Pub. L. 103-465, Sec. 214(a)(2)(B), amended

subpar. (A) generally, substituting present provisions for

provisions requiring, in the case of an affirmative critical

circumstances determination, an additional finding as to whether

retroactive imposition of a countervailing duty would be necessary

to prevent recurrence of material injury caused by massive imports

of subject merchandise over a relatively short period of time.

Subsec. (c)(1). Pub. L. 103-465, Sec. 264(b)(1), struck out

''and'' at end of subpar. (A), added subpar. (B), and redesignated

former subpar. (B) as (C) and substituted ''the suspension of

liquidation under paragraph (2) of section 1671b(d) of this title''

for ''under paragraphs (1) and (2) of section 1671b(d) of this

title the suspension of liquidation and the posting of a cash

deposit, bond, or other security''.

Subsec. (c)(2). Pub. L. 103-465, Sec. 264(c)(7), in subpar. (A),

substituted ''1671b(d)(2)'' for ''1671b(d)(1)'' and in subpar. (B),

substituted ''1671b(d)(1)(B)'' for ''1671b(d)(2)''.

Subsec. (c)(3)(B). Pub. L. 103-465, Sec. 264(c)(8), substituted

''1671b(d)(1)(B)'' for ''1671b(d)(2)''.

Subsec. (c)(5). Pub. L. 103-465, Sec. 264(b)(2), added par. (5).

1988 - Subsec. (b)(4)(A). Pub. L. 100-418, Sec. 1324(a)(3),

amended subpar. (A) generally. Prior to amendment, subpar. (A)

read as follows: ''If the finding of the administering authority

under subsection (a)(2) of this section is affirmative, then the

final determination of the Commission shall include findings as to

whether -

''(i) there is material injury which will be difficult to

repair, and

''(ii) the material injury was by reason of such massive

imports of the subsidized merchandise over a relatively short

period.''

Subsec. (e). Pub. L. 100-418, Sec. 1333(a), added subsec. (e).

1984 - Subsec. (a)(1). Pub. L. 98-573, Sec. 606, inserted

provision that when an investigation under this part is initiated

simultaneously with an investigation under part II of this

subtitle, which involves imports of the same class or kind of

merchandise from the same or other countries, the administering

authority, if requested by the petitioner, shall extend the date of

the final determination under this paragraph to the date of the

final determination of the administering authority in such

investigation initiated under part II of this subtitle.

Subsec. (a)(2). Pub. L. 98-573, Sec. 605(a)(1), inserted

provision after subpar. (B) that such findings may be affirmative

even though the preliminary determination under section 1671b(e)(1)

of this title was negative.

Subsec. (b)(1). Pub. L. 98-573, Sec. 602(a)(2), inserted '', or

sales (or the likelihood of sales for importation,'' in provision

after subpar. (B).

Subsec. (c)(3)(A). Pub. L. 98-573, Sec. 605(a)(3), inserted

reference to par. (4).

Subsec. (c)(4). Pub. L. 98-573, Sec. 605(a)(2), added par. (4).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1333(a) of Pub. L. 100-418 effective Aug.

23, 1988, and amendment by section 1324(a)(3) of Pub. L. 100-418

applicable with respect to investigations initiated after Aug. 23,

1988, see section 1337(a), (c) of Pub. L. 100-418, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 602(a)(2) of Pub. L. 98-573 applicable with

respect to investigations initiated by petition or by the

administering authority under parts I and II of this subtitle, and

to reviews begun under section 1675 of this title, on or after Oct.

30, 1984, and amendment by sections 605(a) and 606 of Pub. L.

98-573 effective Oct. 30, 1984, see section 626(a), (b)(1) of Pub.

L. 98-573, as amended, set out as a note under section 1671 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1671, 1671a,

1671b, 1671c, 1671e, 1671f, 1675, 1675a, 1675b, 1676a, 1677, 1677c,

1677f, 1677f-1, 1677m of this title.

-CITE-

19 USC Sec. 1671e 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671e. Assessment of duty

-STATUTE-

(a) Publication of countervailing duty order

Within 7 days after being notified by the Commission of an

affirmative determination under section 1671d(b) of this title, the

administering authority shall publish a countervailing duty order

which -

(1) directs customs officers to assess a countervailing duty

equal to the amount of the net countervailable subsidy determined

or estimated to exist, within 6 months after the date on which

the administering authority receives satisfactory information

upon which the assessment may be based, but in no event later

than 12 months after the end of the annual accounting period of

the manufacturer or exporter within which the merchandise is

entered, or withdrawn from warehouse, for consumption,

(2) includes a description of the subject merchandise, in such

detail as the administering authority deems necessary, and

(3) requires the deposit of estimated countervailing duties

pending liquidation of entries of merchandise at the same time as

estimated normal customs duties on that merchandise are

deposited.

(b) Imposition of duties

(1) General rule

If the Commission, in its final determination under section

1671d(b) of this title, finds material injury or threat of

material injury which, but for the suspension of liquidation

under section 1671b(d)(2) of this title, would have led to a

finding of material injury, then entries of the merchandise

subject to the countervailing duty order, the liquidation of

which has been suspended under section 1671b(d)(2) of this title,

shall be subject to the imposition of countervailing duties under

section 1671(a) of this title.

(2) Special rule

If the Commission, in its final determination under section

1671d(b) of this title, finds threat of material injury, other

than threat of material injury described in paragraph (1), or

material retardation of the establishment of an industry in the

United States, then merchandise subject to a countervailing duty

order which is entered, or withdrawn from warehouse, for

consumption on or after the date of publication of notice of an

affirmative determination of the Commission under section

1671d(b) of this title shall be subject to the imposition of

countervailing duties under section 1671(a) of this title, and

the administering authority shall release any bond or other

security, and refund any cash deposit made, to secure the payment

of countervailing duties with respect to entries of the

merchandise entered, or withdrawn from warehouse, for consumption

before that date.

(c) Special rule for regional industries

(1) In general

In an investigation under this part in which the Commission

makes a regional industry determination under section 1677(4)(C)

of this title, the administering authority shall, to the maximum

extent possible, direct that duties be assessed only on the

subject merchandise of the specific exporters or producers that

exported the subject merchandise for sale in the region concerned

during the period of investigation.

(2) Exception for new exporters and producers

After publication of the countervailing duty order, if the

administering authority finds that a new exporter or producer is

exporting the subject merchandise for sale in the region

concerned, the administering authority shall direct that duties

be assessed on the subject merchandise of the new exporter or

producer consistent with the provisions of section 1675(a)(2)(B)

of this title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 706, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 160; amended Pub.

L. 98-573, title VI, Sec. 607, Oct. 30, 1984, 98 Stat. 3029; Pub.

L. 99-514, title XVIII, Sec. 1886(a)(5), Oct. 22, 1986, 100 Stat.

2922; Pub. L. 103-465, title II, Sec. 218(b)(1), 233(a)(5)(O),

264(c)(9), 265, 270(a)(1)(H), Dec. 8, 1994, 108 Stat. 4855, 4899,

4914, 4917.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 270(a)(1)(H),

substituted ''countervailable subsidy'' for ''subsidy''.

Subsec. (a)(2) to (4). Pub. L. 103-465, Sec. 233(a)(5)(O), 265,

redesignated par. (3) as (2) and substituted ''subject

merchandise'' for ''class or kind of merchandise to which it

applies'', redesignated par. (4) as (3), and struck out former par.

(2) which read as follows:

''(2) shall presumptively apply to all merchandise of such class

or kind exported from the country investigated, except that if -

''(A) the administering authority determines there is a

significant differential between companies receiving subsidy

benefits, or

''(B) a State-owned enterprise is involved,

the order may provide for differing countervailing duties,''.

Subsec. (b)(1). Pub. L. 103-465, Sec. 264(c)(9), substituted

''1671b(d)(2)'' for ''1671b(d)(1)'' in two places.

Subsec. (c). Pub. L. 103-465, Sec. 218(b)(1), added subsec. (c).

1986 - Subsec. (a)(2). Pub. L. 99-514 realigned the margins in

provisions following subpar. (B), which realignment had been

editorially supplied, thereby requiring no change in text.

1984 - Subsec. (a)(2) to (4). Pub. L. 98-573 added par. (2) and

redesignated pars. (2) and (3) as (3) and (4), respectively.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section

626(a) of Pub. L. 98-573, set out as a note under section 1671 of

this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1671, 1671b, 1671c,

1671d, 1671f, 1671g, 1676a, 1677, 1677f, 1677j, 1677m of this

title.

-CITE-

19 USC Sec. 1671f 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671f. Treatment of difference between deposit of estimated

countervailing duty and final assessed duty under

countervailing duty orders

-STATUTE-

(a) Deposit of estimated countervailing duty under section

1671b(d)(1)(B) of this title

If the amount of a cash deposit, or the amount of any bond or

other security, required as security for an estimated

countervailing duty under section 1671b(d)(1)(B) of this title is

different from the amount of the countervailing duty determined

under a countervailing duty order issued under section 1671e of

this title, then the difference for entries of merchandise entered,

or withdrawn from warehouse, for consumption before notice of the

affirmative determination of the Commission under section 1671d(b)

of this title is published shall be -

(1) disregarded, to the extent that the cash deposit, bond, or

other security is lower than the duty under the order, or

(2) refunded or released, to the extent that the cash deposit,

bond, or other security is higher than the duty under the order.

(b) Deposit of estimated countervailing duty under section

1671e(a)(3) of this title

If the amount of an estimated countervailing duty deposited under

section 1671e(a)(3) of this title is different from the amount of

the countervailing duty determined under a countervailing duty

order issued under section 1671e of this title, then the difference

for entries of merchandise entered, or withdrawn from warehouse,

for consumption after notice of the affirmative determination of

the Commission under section 1671d(b) of this title is published

shall be -

(1) collected, to the extent that the deposit under section

1671e(a)(3) of this title is lower than the duty determined under

the order, or

(2) refunded, to the extent that the deposit under section

1671e(a)(3) of this title is higher than the duty determined

under the order,

together with interest as provided by section 1677g of this title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 707, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 161; amended Pub.

L. 103-465, title II, Sec. 264(c)(10), Dec. 8, 1994, 108 Stat.

4914.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-465 substituted

''1671b(d)(1)(B)'' for ''1671b(d)(2)'' in heading and text.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

-CITE-

19 USC Sec. 1671g 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671g. Effect of derogation of Export-Import Bank financing

-STATUTE-

Nothing in this subtitle shall be interpreted as superseding the

provisions of section 635a-3 of title 12, except that in the event

of an assessment of duty based on a derogation under section 1671e

of this title or action under section 1671b(d)(1)(B) of this title,

the Secretary of the Treasury shall not authorize the Bank to

provide guarantees, insurance and credits to competing United

States sellers pursuant to section 635a-3 of title 12.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 708, as added Pub. L.

98-181, title VI, Sec. 650(c), Nov. 30, 1983, 97 Stat. 1266;

amended Pub. L. 99-514, title XVIII, Sec. 1886(a)(6)(A), Oct. 22,

1986, 100 Stat. 2922; Pub. L. 103-465, title II, Sec. 264(c)(11),

Dec. 8, 1994, 108 Stat. 4914.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 substituted ''1671b(d)(1)(B)'' for

''1671b(d)(2)''.

1986 - Pub. L. 99-514 added section catchline.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 1671h 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part I - Imposition of Countervailing Duties

-HEAD-

Sec. 1671h. Conditional payment of countervailing duties

-STATUTE-

(a) In general

For all entries, or withdrawals from warehouse, for consumption

of merchandise subject to a countervailing duty order on or after

the date of publication of such order, no customs officer may

deliver merchandise of that class or kind to the person by whom or

for whose account it was imported unless that person complies with

the requirement of subsection (b) of this section and deposits with

the appropriate customs officer an estimated countervailing duty in

an amount determined by the administering authority.

(b) Importer requirements

In order to meet the requirements of this subsection, a person

shall -

(1) furnish, or arrange to have furnished, to the appropriate

customs officer such information as the administering authority

deems necessary for ascertaining any countervailing duty to be

imposed under this part,

(2) maintain and furnish to the customs officer such records

concerning such merchandise as the administering authority, by

regulation, requires, and

(3) pay, or agree to pay on demand, to the customs officer the

amount of countervailing duty imposed under this part on that

merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 709, as added Pub. L.

98-573, title VI, Sec. 608, Oct. 30, 1984, 98 Stat. 3029.)

-MISC1-

EFFECTIVE DATE

Section effective Oct. 30, 1984, see section 626(a) of Pub. L.

98-573, set out as an Effective Date of 1984 Amendment note under

section 1671 of this title.

-CITE-

19 USC Part II - Imposition of Antidumping Duties 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

.

-HEAD-

Part II - Imposition of Antidumping Duties

-COD-

CODIFICATION

The designation ''Part II'' was in the original ''Subtitle B''

and was editorially changed in order to conform the numbering

format of this subtitle to the usages employed in the codification

of the remainder of the Tariff Act of 1930 as originally enacted.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1337, 1671d, 1677, 1677b-1,

1677c, 1677f, 1677f-1, 1677m, 2033, 2171, 2252 of this title; title

28 section 1582.

-CITE-

19 USC Sec. 1673 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673. Imposition of antidumping duties

-STATUTE-

If -

(1) the administering authority determines that a class or kind

of foreign merchandise is being, or is likely to be, sold in the

United States at less than its fair value, and

(2) the Commission determines that -

(A) an industry in the United States -

(i) is materially injured, or

(ii) is threatened with material injury, or

(B) the establishment of an industry in the United States is

materially retarded,

by reason of imports of that merchandise or by reason of sales

(or the likelihood of sales) of that merchandise for importation,

then there shall be imposed upon such merchandise an antidumping

duty, in addition to any other duty imposed, in an amount equal to

the amount by which the normal value exceeds the export price (or

the constructed export price) for the merchandise. For purposes of

this section and section 1673d(b)(1) of this title, a reference to

the sale of foreign merchandise includes the entering into of any

leasing arrangement regarding the merchandise that is equivalent to

the sale of the merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 731, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 162; amended Pub.

L. 98-573, title VI, Sec. 602(b), Oct. 30, 1984, 98 Stat. 3024;

Pub. L. 103-465, title II, Sec. 233(a)(1)(A), (2)(A)(i), Dec. 8,

1994, 108 Stat. 4898.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 substituted ''normal value exceeds the

export price (or the constructed export price)'' for ''foreign

market value exceeds the United States price'' in concluding

provisions.

1984 - Pub. L. 98-573 inserted ''or by reason of sales (or the

likelihood of sales) of that merchandise for importation'' after

''by reason of imports of that merchandise'' in par. (2), and

inserted sentence at end providing that for purposes of this

section and section 1673d(b)(1) of this title, a reference to the

sale of foreign merchandise includes the entering into of any

leasing arrangement regarding the merchandise that is equivalent to

the sale of the merchandise.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to

investigations initiated by petition or by the administering

authority under parts I and II of this subtitle, and to reviews

begun under section 1675 of this title, on or after Oct. 30, 1984,

see section 626(b)(1) of Pub. L. 98-573, as amended, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Part effective Jan. 1, 1980, see section 107 of Pub. L. 96-39,

set out as a note under section 1671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1337, 1673a, 1673e,

1673g, 1673i of this title.

-CITE-

19 USC Sec. 1673a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673a. Procedures for initiating an antidumping duty

investigation

-STATUTE-

(a) Initiation by administering authority

(1) In general

An antidumping duty investigation shall be initiated whenever

the administering authority determines, from information

available to it, that a formal investigation is warranted into

the question of whether the elements necessary for the imposition

of a duty under section 1673 of this title exist.

(2) Cases involving persistent dumping

(A) Monitoring

The administering authority may establish a monitoring

program with respect to imports of a class or kind of

merchandise from any additional supplier country for a period

not to exceed one year if -

(i) more than one antidumping order is in effect with

respect to that class or kind of merchandise;

(ii) in the judgment of the administering authority there

is reason to believe or suspect an extraordinary pattern of

persistent injurious dumping from one or more additional

supplier countries; and

(iii) in the judgment of the administering authority this

extraordinary pattern is causing a serious commercial problem

for the domestic industry.

(B) Initiation of investigation

If during the period of monitoring referred to in

subparagraph (A), the administering authority determines that

there is sufficient information to initiate a formal

investigation under this subsection regarding an additional

supplier country, the administering authority shall immediately

initiate such an investigation.

(C) Definition

For purposes of this paragraph, the term ''additional

supplier country'' means a country regarding which no

antidumping investigation is currently pending, and no

antidumping duty order is currently in effect, with respect to

imports of the class or kind of merchandise covered by

subparagraph (A).

(D) Expeditious action

The administering authority and the Commission, to the extent

practicable, shall expedite proceedings under this part

undertaken as a result of a formal investigation initiated

under subparagraph (B).

(b) Initiation by petition

(1) Petition requirements

An antidumping proceeding shall be initiated whenever an

interested party described in subparagraph (C), (D), (E), (F), or

(G) of section 1677(9) of this title files a petition with the

administering authority, on behalf of an industry, which alleges

the elements necessary for the imposition of the duty imposed by

section 1673 of this title, and which is accompanied by

information reasonably available to the petitioner supporting

those allegations. The petition may be amended at such time, and

upon such conditions, as the administering authority and the

Commission may permit.

(2) Simultaneous filing with Commission

The petitioner shall file a copy of the petition with the

Commission on the same day as it is filed with the administering

authority.

(3) Action with respect to petitions

(A) Notification of governments

Upon receipt of a petition filed under paragraph (1), the

administering authority shall notify the government of any

exporting country named in the petition by delivering a public

version of the petition to an appropriate representative of

such country.

(B) Acceptance of communications

The administering authority shall not accept any unsolicited

oral or written communication from any person other than an

interested party described in section 1677(9)(C), (D), (E),

(F), or (G) of this title before the administering authority

makes its decision whether to initiate an investigation, except

as provided in subsection (c)(4)(D) of this section, and except

for inquiries regarding the status of the administering

authority's consideration of the petition.

(C) Nondisclosure of certain information

The administering authority and the Commission shall not

disclose information with regard to any draft petition

submitted for review and comment before it is filed under

paragraph (1).

(c) Petition determination

(1) In general

(A) Time for initial determination

Except as provided in subparagraph (B), within 20 days after

the date on which a petition is filed under subsection (b) of

this section, the administering authority shall -

(i) after examining, on the basis of sources readily

available to the administering authority, the accuracy and

adequacy of the evidence provided in the petition, determine

whether the petition alleges the elements necessary for the

imposition of a duty under section 1673 of this title and

contains information reasonably available to the petitioner

supporting the allegations, and

(ii) determine if the petition has been filed by or on

behalf of the industry.

(B) Extension of time

In any case in which the administering authority is required

to poll or otherwise determine support for the petition by the

industry under paragraph (4)(D), the administering authority

may, in exceptional circumstances, apply subparagraph (A) by

substituting ''a maximum of 40 days'' for ''20 days''.

(C) Time limits where petition involves same merchandise as an

order that has been revoked

If a petition is filed under this section with respect to

merchandise that was the subject merchandise of -

(i) an antidumping duty order or finding that was revoked

under section 1675(d) of this title in the 24 months

preceding the date the petition is filed, or

(ii) a suspended investigation that was terminated under

section 1675(d) of this title in the 24 months preceding the

date the petition is filed,

the administering authority and the Commission shall, to the

maximum extent practicable, expedite any investigation

initiated under this section with respect to the petition.

(2) Affirmative determinations

If the determinations under clauses (i) and (ii) of paragraph

(1)(A) are affirmative, the administering authority shall

initiate an investigation to determine whether the subject

merchandise is being, or is likely to be, sold in the United

States at less than its fair value.

(3) Negative determinations

If the determination under clause (i) or (ii) of paragraph

(1)(A) is negative, the administering authority shall dismiss the

petition, terminate the proceeding, and notify the petitioner in

writing of the reasons for the determination.

(4) Determination of industry support

(A) General rule

For purposes of this subsection, the administering authority

shall determine that the petition has been filed by or on

behalf of the industry, if -

(i) the domestic producers or workers who support the

petition account for at least 25 percent of the total

production of the domestic like product, and

(ii) the domestic producers or workers who support the

petition account for more than 50 percent of the production

of the domestic like product produced by that portion of the

industry expressing support for or opposition to the

petition.

(B) Certain positions disregarded

(i) Producers related to foreign producers

In determining industry support under subparagraph (A), the

administering authority shall disregard the position of

domestic producers who oppose the petition, if such producers

are related to foreign producers, as defined in section

1677(4)(B)(ii) of this title, unless such domestic producers

demonstrate that their interests as domestic producers would

be adversely affected by the imposition of an antidumping

duty order.

(ii) Producers who are importers

The administering authority may disregard the position of

domestic producers of a domestic like product who are

importers of the subject merchandise.

(C) Special rule for regional industries

If the petition alleges the industry is a regional industry,

the administering authority shall determine whether the

petition has been filed by or on behalf of the industry by

applying subparagraph (A) on the basis of production in the

region.

(D) Polling the industry

If the petition does not establish support of domestic

producers or workers accounting for more than 50 percent of the

total production of the domestic like product, the

administering authority shall -

(i) poll the industry or rely on other information in order

to determine if there is support for the petition as required

by subparagraph (A), or

(ii) if there is a large number of producers in the

industry, the administering authority may determine industry

support for the petition by using any statistically valid

sampling method to poll the industry.

(E) Comments by interested parties

Before the administering authority makes a determination with

respect to initiating an investigation, any person who would

qualify as an interested party under section 1677(9) of this

title if an investigation were initiated, may submit comments

or information on the issue of industry support. After the

administering authority makes a determination with respect to

initiating an investigation, the determination regarding

industry support shall not be reconsidered.

(5) ''Domestic producers or workers'' defined

For purposes of this subsection, the term ''domestic producers

or workers'' means those interested parties who are eligible to

file a petition under subsection (b)(1) of this section.

(d) Notification to Commission of determination

The administering authority shall -

(1) notify the Commission immediately of any determination it

makes under subsection (a) or (c) of this section, and

(2) if the determination is affirmative, make available to the

Commission such information as it may have relating to the matter

under investigation, under such procedures as the administering

authority and the Commission may establish to prevent disclosure,

other than with the consent of the party providing it or under

protective order, of any information to which confidential

treatment has been given by the administering authority.

(e) Information regarding critical circumstances

If, at any time after the initiation of an investigation under

this part, the administering authority finds a reasonable basis to

suspect that -

(1) there is a history of dumping in the United States or

elsewhere of the subject merchandise, or

(2) the person by whom, or for whose account, the merchandise

was imported knew, or should have known, that the exporter was

selling the subject merchandise at less than its fair value,

the administering authority may request the Commissioner of Customs

to compile information on an expedited basis regarding entries of

the subject merchandise. Upon receiving such request, the

Commissioner of Customs shall collect information regarding the

volume and value of entries of the subject merchandise and shall

transmit such information to the administering authority at such

times as the administering authority shall direct (at least once

every 30 days), until a final determination is made under section

1673d(a) of this title, the investigation is terminated, or the

administering authority withdraws the request.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 732, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 162; amended Pub.

L. 98-573, title VI, Sec. 609, Oct. 30, 1984, 98 Stat. 3030; Pub.

L. 99-514, title XVIII, Sec. 1886(a)(2), Oct. 22, 1986, 100 Stat.

2921; Pub. L. 100-418, title I, Sec. 1324(b)(1), 1326(d)(1), Aug.

23, 1988, 102 Stat. 1200, 1204; Pub. L. 103-465, title II, Sec.

211(b), 212(a)(2), 233(a)(5)(P)-(R), (6)(A)(v)-(vii), (C), Dec. 8,

1994, 108 Stat. 4843, 4845, 4900, 4901; Pub. L. 104-295, Sec.

20(b)(4), (8), (9), Oct. 11, 1996, 110 Stat. 3527.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(2)(B). Pub. L. 104-295, Sec. 20(b)(9), amended

directory language of Pub. L. 103-465, Sec. 233(a)(6)(C). See 1994

Amendment note below.

Subsec. (c)(5). Pub. L. 104-295, Sec. 20(b)(4), substituted

''(b)(1)'' for ''(b)(1)(A)''.

Subsec. (e)(1). Pub. L. 104-295, Sec. 20(b)(8), substituted

''the'' for ''the the'' before ''subject merchandise''.

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(6)(A)(v),

substituted ''initiated'' for ''commenced''.

Subsec. (a)(2)(B). Pub. L. 103-465, Sec. 233(a)(6)(C), as amended

by Pub. L. 104-295, Sec. 20(b)(9), substituted ''initiate'' for

''commerce'' in two places.

Subsec. (a)(2)(D). Pub. L. 103-465, Sec. 233(a)(6)(A)(vi),

substituted ''initiated'' for ''commenced''.

Subsec. (b)(1). Pub. L. 103-465, Sec. 233(a)(6)(A)(vii),

substituted ''initiated'' for ''commenced''.

Subsec. (b)(3). Pub. L. 103-465, Sec. 211(b), added par. (3).

Subsec. (c). Pub. L. 103-465, Sec. 212(a)(2), amended heading and

text of subsec. (c) generally. Prior to amendment, text read as

follows: ''Within 20 days after the date on which a petition is

filed under subsection (b) of this section, the administering

authority shall -

''(1) determine whether the petition alleges the elements

necessary for the imposition of a duty under section 1673 of this

title and contains information reasonably available to the

petitioner supporting the allegations,

''(2) if the determination is affirmative, commence an

investigation to determine whether the class or kind of

merchandise described in the petition is being, or is likely to

be, sold in the United States at less than its fair value, and

provide for the publication of notice of the determination in the

Federal Register, and

''(3) if the determination is negative, dismiss the petition,

terminate the proceeding, notify the petitioner in writing of the

reasons for the determination, and provide for the publication of

notice of the determination in the Federal Register.''

Subsec. (e). Pub. L. 103-465, Sec. 233(a)(5)(R), in concluding

provisions, substituted ''subject merchandise'' for ''class or kind

of merchandise that is the subject of the investigation'' in two

places.

Subsec. (e)(1). Pub. L. 103-465, Sec. 233(a)(5)(P), substituted

''the subject merchandise'' for ''class or kind of the merchandise

which is the subject of the investigation''.

Subsec. (e)(2). Pub. L. 103-465, Sec. 233(a)(5)(Q), substituted

''subject merchandise'' for ''merchandise which is the subject of

the investigation''.

1988 - Subsec. (b)(1). Pub. L. 100-418, Sec. 1326(d)(1),

substituted ''(F), or (G)'' for ''or (F)''.

Subsec. (e). Pub. L. 100-418, Sec. 1324(b)(1), added subsec. (e).

1986 - Subsec. (b)(1). Pub. L. 99-514 inserted reference to

subpar. (F) of section 1677(9) of this title.

1984 - Subsec. (a). Pub. L. 98-573 designated existing provisions

as par. (1) and added par. (2).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1324(b)(1) of Pub. L. 100-418 applicable

with respect to investigations initiated after Aug. 23, 1988, and

amendment by section 1326(d)(1) of Pub. L. 100-418 applicable with

respect to investigations initiated after Aug. 23, 1988, and to

reviews initiated under section 1673e(c) or 1675 of this title

after Aug. 23, 1988, see section 1337(b), (c) of Pub. L. 100-418,

set out as a note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to

investigations initiated by petition or by the administering

authority under parts I and II of this subtitle, and to reviews

begun under section 1675 of this title, on or after Oct. 30, 1984,

see section 626(b)(1) of Pub. L. 98-573, as amended, set out as a

note under section 1671 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1673b, 1673c,

1677, 1677b, 1677f, 1677i of this title.

-CITE-

19 USC Sec. 1673b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673b. Preliminary determinations

-STATUTE-

(a) Determination by Commission of reasonable indication of injury

(1) General rule

Except in the case of a petition dismissed by the administering

authority under section 1673a(c)(3) of this title, the

Commission, within the time specified in paragraph (2), shall

determine, based on the information available to it at the time

of the determination, whether there is a reasonable indication

that -

(A) an industry in the United States -

(i) is materially injured, or

(ii) is threatened with material injury, or

(B) the establishment of an industry in the United States is

materially retarded,

by reason of imports of the subject merchandise and that imports

of the subject merchandise are not negligible. If the Commission

finds that imports of the subject merchandise are negligible or

otherwise makes a negative determination under this paragraph,

the investigation shall be terminated.

(2) Time for Commission determination

The Commission shall make the determination described in

paragraph (1) -

(A) in the case of a petition filed under section 1673a(b) of

this title -

(i) within 45 days after the date on which the petition is

filed, or

(ii) if the time has been extended pursuant to section

1673a(c)(1)(B) of this title, within 25 days after the date

on which the Commission receives notice from the

administering authority of initiation of the investigation,

and

(B) in the case of an investigation initiated under section

1673a(a) of this title, within 45 days after the date on which

the Commission receives notice from the administering authority

that an investigation has been initiated under such section.

(b) Preliminary determination by administering authority

(1) Period of antidumping duty investigation

(A) In general

Except as provided in subparagraph (B), within 140 days after

the date on which the administering authority initiates an

investigation under section 1673a(c) of this title, or an

investigation is initiated under section 1673a(a) of this

title, but not before an affirmative determination by the

Commission under subsection (a) of this section, the

administering authority shall make a determination, based upon

the information available to it at the time of the

determination, of whether there is a reasonable basis to

believe or suspect that the merchandise is being sold, or is

likely to be sold, at less than fair value.

(B) If certain short life cycle merchandise involved

If a petition filed under section 1673a(b) of this title, or

an investigation initiated under section 1673a(a) of this

title, concerns short life cycle merchandise that is included

in a product category established under section 1673h(a) of

this title, subparagraph (A) shall be applied -

(i) by substituting ''100 days'' for ''140 days'' if

manufacturers that are second offenders account for a

significant proportion of the merchandise under

investigation, and

(ii) by substituting ''80 days'' for ''140 days'' if

manufacturers that are multiple offenders account for a

significant proportion of the merchandise under

investigation.

(C) Definitions of offenders

For purposes of subparagraph (B) -

(i) The term ''second offender'' means a manufacturer that

is specified in 2 affirmative dumping determinations (within

the meaning of section 1673h of this title) as the

manufacturer of short life cycle merchandise that is -

(I) specified in both such determinations, and

(II) within the scope of the product category referred to

in subparagraph (B).

(ii) The term ''multiple offender'' means a manufacturer

that is specified in 3 or more affirmative dumping

determinations (within the meaning of section 1673h of this

title) as the manufacturer of short life cycle merchandise

that is -

(I) specified in each of such determinations, and

(II) within the scope of the product category referred to

in subparagraph (B).

(2) Preliminary determination under waiver of verification

Within 75 days after the initiation of an investigation, the

administering authority shall cause an official designated for

such purpose to review the information concerning the case

received during the first 60 days of the investigation, and, if

there appears to be sufficient information available upon which

the preliminary determination can reasonably be based, to

disclose to the petitioner and any interested party, then a party

to the proceedings that requests such disclosure, all available

nonconfidential information and all other information which is

disclosed pursuant to section 1677f of this title. Within 3 days

(not counting Saturdays, Sundays, or legal public holidays) after

such disclosure, the petitioner and each party which is an

interested party described in subparagraph (C), (D), (E), (F), or

(G) of section 1677(9) of this title to whom such disclosure was

made may furnish to the administering authority an irrevocable

written waiver of verification of the information received by the

authority, and an agreement that it is willing to have a

preliminary determination made on the basis of the record then

available to the authority. If a timely waiver and agreement

have been received from the petitioner and each party which is an

interested party described in subparagraph (C), (D), (E), (F), or

(G) of section 1677(9) of this title to whom the disclosure was

made, and the authority finds that sufficient information is then

available upon which the preliminary determination can reasonably

be based, a preliminary determination shall be made within 90

days after the initiation of the investigation on the basis of

the record established during the first 60 days after the

investigation was initiated.

(3) De minimis dumping margin

In making a determination under this subsection, the

administering authority shall disregard any weighted average

dumping margin that is de minimis. For purposes of the preceding

sentence, a weighted average dumping margin is de minimis if the

administering authority determines that it is less than 2 percent

ad valorem or the equivalent specific rate for the subject

merchandise.

(c) Extension of period in extraordinarily complicated cases

(1) In general

If -

(A) the petitioner makes a timely request for an extension of

the period within which the determination must be made under

subsection (b)(1) of this section, or

(B) the administering authority concludes that the parties

concerned are cooperating and determines that -

(i) the case is extraordinarily complicated by reason of -

(I) the number and complexity of the transactions to be

investigated or adjustments to be considered,

(II) the novelty of the issues presented, or

(III) the number of firms whose activities must be

investigated, and

(ii) additional time is necessary to make the preliminary

determination,

then the administering authority may postpone making the

preliminary determination under subsection (b)(1) of this section

until not later than the 190th day after the date on which the

administering authority initiates an investigation under section

1673a(c) of this title, or an investigation is initiated under

section 1673a(a) of this title. No extension of a determination

date may be made under this paragraph for any investigation in

which a determination date provided for in subsection (b)(1)(B)

of this section applies unless the petitioner submits written

notice to the administering authority of its consent to the

extension.

(2) Notice of postponement

The administering authority shall notify the parties to the

investigation, not later than 20 days before the date on which

the preliminary determination would otherwise be required under

subsection (b)(1) of this section, if it intends to postpone

making the preliminary determination under paragraph (1). The

notification shall include an explanation of the reasons for the

postponement, and notice of the postponement shall be published

in the Federal Register.

(d) Effect of determination by the administering authority

If the preliminary determination of the administering authority

under subsection (b) of this section is affirmative, the

administering authority -

(1)(A) shall -

(i) determine an estimated weighted average dumping margin

for each exporter and producer individually investigated, and

(ii) determine, in accordance with section 1673d(c)(5) of

this title, an estimated all-others rate for all exporters and

producers not individually investigated, and

(B) shall order the posting of a cash deposit, bond, or other

security, as the administering authority deems appropriate, for

each entry of the subject merchandise in an amount based on the

estimated weighted average dumping margin or the estimated

all-others rate, whichever is applicable,

(2) shall order the suspension of liquidation of all entries of

merchandise subject to the determination which are entered, or

withdrawn from warehouse, for consumption on or after the later

of -

(A) the date on which notice of the determination is

published in the Federal Register, or

(B) the date that is 60 days after the date on which notice

of the determination to initiate the investigation is published

in the Federal Register, and

(3) shall make available to the Commission all information upon

which such determination was based and which the Commission

considers relevant to its injury determination, under such

procedures as the administering authority and the Commission may

establish to prevent disclosure, other than with the consent of

the party providing it or under protective order, of any

information to which confidential treatment has been given by the

administering authority.

The instructions of the administering authority under paragraphs

(1) and (2) may not remain in effect for more than 4 months, except

that the administering authority may, at the request of exporters

representing a significant proportion of exports of the subject

merchandise, extend that 4-month period to not more than 6 months.

(e) Critical circumstances determinations

(1) In general

If a petitioner alleges critical circumstances in its original

petition, or by amendment at any time more than 20 days before

the date of a final determination by the administering authority,

then the administering authority shall promptly (at any time

after the initiation of the investigation under this part)

determine, on the basis of the information available to it at

that time, whether there is a reasonable basis to believe or

suspect that -

(A)(i) there is a history of dumping and material injury by

reason of dumped imports in the United States or elsewhere of

the subject merchandise, or

(ii) the person by whom, or for whose account, the

merchandise was imported knew or should have known that the

exporter was selling the subject merchandise at less than its

fair value and that there was likely to be material injury by

reason of such sales, and

(B) there have been massive imports of the subject

merchandise over a relatively short period.

The administering authority shall be treated as having made an

affirmative determination under subparagraph (A) in any

investigation to which subsection (b)(1)(B) of this section is

applied.

(2) Suspension of liquidation

If the determination of the administering authority under

paragraph (1) is affirmative, then any suspension of liquidation

ordered under subsection (d)(2) of this section shall apply, or,

if notice of such suspension of liquidation is already published,

be amended to apply, to unliquidated entries of merchandise

entered, or withdrawn from warehouse, for consumption on or after

the later of -

(A) the date which is 90 days before the date on which the

suspension of liquidation was first ordered, or

(B) the date on which notice of the determination to initiate

the investigation is published in the Federal Register.

(f) Notice of determination

Whenever the Commission or the administering authority makes a

determination under this section, the Commission or the

administering authority, as the case may be, shall notify the

petitioner, and other parties to the investigation, and the

Commission or the administering authority (whichever is

appropriate) of its determination. The administering authority

shall include with such notification the facts and conclusions on

which its determination is based. Not later than 5 days after the

date on which the determination is required to be made under

subsection (a)(2) of this section, the Commission shall transmit to

the administering authority the facts and conclusions on which its

determination is based.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 733, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 163; amended Pub.

L. 99-514, title XVIII, Sec. 1886(a)(2), Oct. 22, 1986, 100 Stat.

2921; Pub. L. 100-418, title I, Sec. 1323(b), 1324(b)(2),

1326(d)(1), Aug. 23, 1988, 102 Stat. 1198, 1201, 1204; Pub. L.

103-465, title II, Sec. 212(b)(2)(A), (C)-(E), 213(a), 214(b)(1),

215(b), 219(a), (c)(1), 233(a)(6)(A)(viii)-(x), (B), Dec. 8, 1994,

108 Stat. 4848-4852, 4855, 4857, 4901.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-465, Sec. 212(b)(2)(A), amended

heading and text of subsec. (a) generally. Prior to amendment,

text read as follows: ''Except in the case of a petition dismissed

by the administering authority under section 1673a(c)(3) of this

title, the Commission, within 45 days after the date on which a

petition is filed under section 1673a(b) of this title or on which

it receives notice from the administering authority of an

investigation commenced under section 1673a(a) of this title, shall

make a determination, based upon the best information available to

it at the time of the determination, of whether there is a

reasonable indication that -

''(1) an industry in the United States -

''(A) is materially injured, or

''(B) is threatened with material injury, or

''(2) the establishment of an industry in the United States is

materially retarded,

by reason of imports of the merchandise which is the subject of the

investigation by the administering authority. If that

determination is negative, the investigation shall be terminated.''

Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 219(a)(2), struck out at

end ''If the determination of the administering authority under

this subsection is affirmative, the determination shall include the

estimated average amount by which the foreign market value exceeds

the United States price.''

Pub. L. 103-465, Sec. 212(b)(2)(C)(i), 233(a)(6)(A)(viii),

substituted ''140 days after the date on which the administering

authority initiates an investigation under section 1673a(c) of this

title'' for ''160 days after the date on which a petition is filed

under section 1673a(b) of this title'', ''initiated'' for

''commenced'', and ''information'' for ''best information''.

Subsec. (b)(1)(B). Pub. L. 103-465, Sec. 212(b)(2)(C)(ii),

233(a)(6)(A)(viii), in introductory provisions, substituted

''initiated'' for ''commenced'', in cl. (i), substituted ''100''

for ''120'' and ''140'' for ''160'', and in cl. (ii), substituted

''80'' for ''100'' and ''140'' for ''160''.

Subsec. (b)(2). Pub. L. 103-465, Sec. 233(a)(6)(A)(ix), (B),

substituted ''initiation'' for ''commencement'' after ''90 days

after the'' and ''initiated'' for ''commenced''.

Subsec. (b)(3). Pub. L. 103-465, Sec. 213(a), added par. (3).

Subsec. (c)(1). Pub. L. 103-465, Sec. 212(b)(2)(D),

233(a)(6)(A)(x), in concluding provisions, substituted ''190th day

after the date on which the administering authority initiates an

investigation under section 1673a(c) of this title'' for ''210th

day after the date on which a petition is filed under section

1673a(b) of this title'' and ''initiated'' for ''commenced''.

Subsec. (d). Pub. L. 103-465, Sec. 215(b)(1)(B), inserted

concluding provisions.

Subsec. (d)(1). Pub. L. 103-465, Sec. 219(a)(1)(D), added par.

(1). Former par. (1) redesignated (2).

Pub. L. 103-465, Sec. 215(b)(1)(A), substituted ''warehouse, for

consumption on or after the later of - '' and subpars. (A) and (B)

for ''warehouse, for consumption on or after the date of

publication of the notice of the determination in the Federal

Register,''.

Subsec. (d)(2). Pub. L. 103-465, Sec. 219(a)(1)(A)-(C),

redesignated par. (1) as (2), inserted ''and'' at end, and struck

out former par. (2) which read as follows: ''shall order the

posting of a cash deposit, bond, or other security, as it deems

appropriate, for each entry of the merchandise concerned equal to

the estimated average amount by which the foreign market value

exceeds the United States price, and''.

Subsec. (e)(1). Pub. L. 103-465, Sec. 214(b)(1), in introductory

provisions, substituted ''information'' for ''best information''

and amended subpars. (A) and (B) generally. Prior to amendment,

subpars. (A) and (B) read as follows:

''(A)(i) there is a history of dumping in the United States or

elsewhere of the class or kind of the merchandise which is the

subject of the investigation, or

''(ii) the person by whom, or for whose account, the merchandise

was imported knew or should have known that the exporter was

selling the merchandise which is the subject of the investigation

at less than its fair value, and

''(B) there have been massive imports of the class or kind of

merchandise which is the subject of the investigation over a

relatively short period.''

Subsec. (e)(2). Pub. L. 103-465, Sec. 215(b)(2), 219(c)(1),

substituted ''subsection (d)(2)'' for ''subsection (d)(1)'' and

''warehouse, for consumption on or after the later of - '' and

subpars. (A) and (B) for ''warehouse, for consumption on or after

the date which is 90 days before the date on which suspension of

liquidation was first ordered.''

Subsec. (f). Pub. L. 103-465, Sec. 212(b)(2)(E), amended heading

and text of subsec. (f) generally. Prior to amendment, text read

as follows: ''Whenever the Commission or the administering

authority makes a determination under this section, it shall notify

the petitioner, other parties to the investigation, and the other

agency of its determination and of the facts and conclusions of law

upon which the determination is based, and it shall publish notice

of its determination in the Federal Register.''

1988 - Subsec. (b)(1). Pub. L. 100-418, Sec. 1323(b)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

''Within 160 days after the date on which a petition is filed under

section 1673a(b) of this title, or an investigation is commenced

under section 1673a(a) of this title, but not before an affirmative

determination by the Commission under subsection (a) of this

section, the administering authority shall make a determination,

based upon the best information available to it at the time of the

determination, of whether there is a reasonable basis to believe or

suspect that the merchandise is being sold, or is likely to be sold

at less than fair value. If the determination of the administering

authority under this subsection is affirmative, the determination

shall include the estimated average amount by which the foreign

market value exceeds the United States price.''

Subsec. (b)(2). Pub. L. 100-418, Sec. 1326(d)(1), substituted

''(F), or (G)'' for ''or (F)'' in two places.

Subsec. (c)(1). Pub. L. 100-418, Sec. 1323(b)(2), inserted

sentence at end relating to notice for extensions under subsec.

(b)(1)(B).

Subsec. (e)(1). Pub. L. 100-418, Sec. 1324(b)(2), inserted ''(at

any time after the initiation of the investigation under this

part)'' after ''promptly'' in introductory provisions.

Pub. L. 100-418, Sec. 1323(b)(3), inserted sentence at end

relating to investigations in which subsec. (b)(1)(B) is applied.

1986 - Subsec. (b)(2). Pub. L. 99-514 inserted reference to

subpar. (F) of section 1677(9) of this title in two places.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1323(b) of Pub. L. 100-418 effective Aug.

23, 1988, amendment by section 1324(b)(2) of Pub. L. 100-418

applicable with respect to investigations initiated after Aug. 23,

1988, and amendment by section 1326(d)(1) of Pub. L. 100-418

applicable with respect to investigations initiated after Aug. 23,

1988, and to reviews initiated under section 1673e(c) or 1675 of

this title after Aug. 23, 1988, see section 1337(a) to (c) of Pub.

L. 100-418, set out as a note under section 1671 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1673c, 1673d,

1673e, 1673f, 1673h, 1677, 1677f, 1677f-1, 1677i, 1677m of this

title.

-CITE-

19 USC Sec. 1673c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673c. Termination or suspension of investigation

-STATUTE-

(a) Termination of investigation upon withdrawal of petition

(1) In general

(A) Withdrawal of petition

Except as provided in paragraphs (2) and (3), an

investigation under this part may be terminated by either the

administering authority or the Commission, after notice to all

parties to the investigation, upon withdrawal of the petition

by the petitioner or by the administering authority if the

investigation was initiated under section 1673a(a) of this

title.

(B) Refiling of petition

If, within 3 months after the withdrawal of a petition under

subparagraph (A), a new petition is filed seeking the

imposition of duties on both the subject merchandise of the

withdrawn petition and the subject merchandise from another

country, the administering authority and the Commission may use

in the investigation initiated pursuant to the new petition any

records compiled in an investigation conducted pursuant to the

withdrawn petition. This subparagraph applies only with

respect to the first withdrawal of a petition.

(2) Special rules for quantitative restriction agreements

(A) In general

Subject to subparagraphs (B) and (C), the administering

authority may not terminate an investigation under paragraph

(1) by accepting an understanding or other kind of agreement to

limit the volume of imports into the United States of the

subject merchandise unless the administering authority is

satisfied that termination on the basis of that agreement is in

the public interest.

(B) Public interest factors

In making a decision under subparagraph (A) regarding the

public interest the administering authority shall take into

account -

(i) whether, based upon the relative impact on consumer

prices and the availability of supplies of the merchandise,

the agreement would have a greater adverse impact on United

States consumers than the imposition of antidumping duties;

(ii) the relative impact on the international economic

interests of the United States; and

(iii) the relative impact on the competitiveness of the

domestic industry producing the like merchandise, including

any such impact on employment and investment in that

industry.

(C) Prior consultations

Before making a decision under subparagraph (A) regarding the

public interest, the administering authority shall, to the

extent practicable, consult with -

(i) potentially affected consuming industries; and

(ii) potentially affected producers and workers in the

domestic industry producing the like merchandise, including

producers and workers not party to the investigation.

(3) Limitation on termination by Commission

The Commission may not terminate an investigation under

paragraph (1) before a preliminary determination is made by the

administering authority under section 1673b(b) of this title.

(b) Agreements to eliminate completely sales at less than fair

value or to cease exports of merchandise

The administering authority may suspend an investigation if the

exporters of the subject merchandise who account for substantially

all of the imports of that merchandise agree -

(1) to cease exports of the merchandise to the United States

within 6 months after the date on which the investigation is

suspended, or

(2) to revise their prices to eliminate completely any amount

by which the normal value of the merchandise which is the subject

of the agreement exceeds the export price (or the constructed

export price) of that merchandise.

(c) Agreements eliminating injurious effect

(1) General rule

If the administering authority determines that extraordinary

circumstances are present in a case, it may suspend an

investigation upon the acceptance of an agreement to revise

prices from exporters of the subject merchandise who account for

substantially all of the imports of that merchandise into the

United States, if the agreement will eliminate completely the

injurious effect of exports to the United States of that

merchandise and if -

(A) the suppression or undercutting of price levels of

domestic products by imports of that merchandise will be

prevented, and

(B) for each entry of each exporter the amount by which the

estimated normal value exceeds the export price (or the

constructed export price) will not exceed 15 percent of the

weighted average amount by which the estimated normal value

exceeded the export price (or the constructed export price) for

all less-than-fair-value entries of the exporter examined

during the course of the investigation.

(2) ''Extraordinary circumstances'' defined

(A) Extraordinary circumstances

For purposes of this subsection, the term ''extraordinary

circumstances'' means circumstances in which -

(i) suspension of an investigation will be more beneficial

to the domestic industry than continuation of the

investigation, and

(ii) the investigation is complex.

(B) ''Complex'' defined

For purposes of this paragraph, the term ''complex'' means -

(i) there are a large number of transactions to be

investigated or adjustments to be considered,

(ii) the issues raised are novel, or

(iii) the number of firms involved is large.

(d) Additional rules and conditions

The administering authority may not accept an agreement under

subsection (b) or (c) of this section unless -

(1) it is satisfied that suspension of the investigation is in

the public interest, and

(2) effective monitoring of the agreement by the United States

is practicable.

Where practicable, the administering authority shall provide to the

exporters who would have been subject to the agreement the reasons

for not accepting the agreement and, to the extent possible, an

opportunity to submit comments thereon.

(e) Suspension of investigation procedure

Before an investigation may be suspended under subsection (b) or

(c) of this section the administering authority shall -

(1) notify the petitioner of, and consult with the petitioner

concerning, its intention to suspend the investigation, and

notify other parties to the investigation and the Commission not

less than 30 days before the date on which it suspends the

investigation,

(2) provide a copy of the proposed agreement to the petitioner

at the time of the notification, together with an explanation of

how the agreement will be carried out and enforced, and of how

the agreement will meet the requirements of subsections (b) and

(d) or (c) and (d) of this section, and

(3) permit all interested parties described in section 1677(9)

of this title to submit comments and information for the record

before the date on which notice of suspension of the

investigation is published under subsection (f)(1)(A) of this

section.

(f) Effects of suspension of investigation

(1) In general

If the administering authority determines to suspend an

investigation upon acceptance of an agreement described in

subsection (b) or (c) of this section, then -

(A) it shall suspend the investigation, publish notice of

suspension of the investigation, and issue an affirmative

preliminary determination under section 1673b(b) of this title

with respect to the subject merchandise, unless it has

previously issued such a determination in the same

investigation,

(B) the Commission shall suspend any investigation it is

conducting with respect to that merchandise, and

(C) the suspension of investigation shall take effect on the

day on which such notice is published.

(2) Liquidation of entries

(A) Cessation of exports; complete elimination of dumping

margin

If the agreement accepted by the administering authority is

an agreement described in subsection (b) of this section, then

-

(i) notwithstanding the affirmative preliminary

determination required under paragraph (1)(A), the

liquidation of entries of subject merchandise shall not be

suspended under section 1673b(d)(2) of this title,

(ii) if the liquidation of entries of such merchandise was

suspended pursuant to a previous affirmative preliminary

determination in the same case with respect to such

merchandise, that suspension of liquidation shall terminate,

and

(iii) the administering authority shall refund any cash

deposit and release any bond or other security deposited

under section 1673b(d)(1)(B) of this title.

(B) Other agreements

If the agreement accepted by the administering authority is

an agreement described in subsection (c) of this section, the

liquidation of entries of the subject merchandise shall be

suspended under section 1673b(d)(2) of this title, or, if the

liquidation of entries of such merchandise was suspended

pursuant to a previous affirmative preliminary determination in

the same case, that suspension of liquidation shall continue in

effect, subject to subsection (h)(3) of this section, but the

security required under section 1673b(d)(1)(B) of this title

may be adjusted to reflect the effect of the agreement.

(3) Where investigation is continued

If, pursuant to subsection (g) of this section, the

administering authority and the Commission continue an

investigation in which an agreement has been accepted under

subsection (b) or (c) of this section, then -

(A) if the final determination by the administering authority

or the Commission under section 1673d of this title is

negative, the agreement shall have no force or effect and the

investigation shall be terminated, or

(B) if the final determinations by the administering

authority and the Commission under such section are

affirmative, the agreement shall remain in force, but the

administering authority shall not issue an antidumping duty

order in the case so long as -

(i) the agreement remains in force,

(ii) the agreement continues to meet the requirements of

subsections (b) and (d), or (c) and (d) of this section, and

(iii) the parties to the agreement carry out their

obligations under the agreement in accordance with its terms.

(g) Investigation to be continued upon request

If the administering authority, within 20 days after the date of

publication of the notice of suspension of an investigation,

receives a request for the continuation of the investigation from -

(1) an exporter or exporters accounting for a significant

proportion of exports to the United States of the subject

merchandise, or

(2) an interested party described in subparagraph (C), (D),

(E), (F), or (G) of section 1677(9) of this title which is a

party to the investigation,

then the administering authority and the Commission shall continue

the investigation.

(h) Review of suspension

(1) In general

Within 20 days after the suspension of an investigation under

subsection (c) of this section, an interested party which is a

party to the investigation and which is described in subparagraph

(C), (D), (E), (F), or (G) of section 1677(9) of this title may,

by petition filed with the Commission and with notice to the

administering authority, ask for a review of the suspension.

(2) Commission investigation

Upon receipt of a review petition under paragraph (1), the

Commission shall, within 75 days after the date on which the

petition is filed with it, determine whether the injurious effect

of imports of the subject merchandise is eliminated completely by

the agreement. If the Commission's determination under this

subsection is negative, the investigation shall be resumed on the

date of publication of notice of such determination as if the

affirmative preliminary determination under section 1673b(b) of

this title had been made on that date.

(3) Suspension of liquidation to continue during review period

The suspension of liquidation of entries of the subject

merchandise shall terminate at the close of the 20-day period

beginning on the day after the date on which notice of suspension

of the investigation is published in the Federal Register, or, if

a review petition is filed under paragraph (1) with respect to

the suspension of the investigation, in the case of an

affirmative determination by the Commission under paragraph (2),

the date on which notice of an affirmative determination by the

Commission is published. If the determination of the Commission

under paragraph (2) is affirmative, then the administering

authority shall -

(A) terminate the suspension of liquidation under section

1673b(d)(2) of this title, and

(B) release any bond or other security, and refund any cash

deposit, required under section 1673b(d)(1)(B) of this title.

(i) Violation of agreement

(1) In general

If the administering authority determines that an agreement

accepted under subsection (b) or (c) of this section is being, or

has been, violated, or no longer meets the requirements of such

subsection (other than the requirement, under subsection (c)(1)

of this section, of elimination of injury) and subsection (d) of

this section, then, on the date of publication of its

determination, it shall -

(A) suspend liquidation under section 1673b(d)(2) of this

title of unliquidated entries of the merchandise made on the

later of -

(i) the date which is 90 days before the date of

publication of the notice of suspension of liquidation, or

(ii) the date on which the merchandise, the sale or export

to the United States of which was in violation of the

agreement, or under an agreement which no longer meets the

requirements of subsections (b) and (d), or (c) and (d) of

this section, was first entered, or withdrawn from warehouse,

for consumption,

(B) if the investigation was not completed, resume the

investigation as if its affirmative preliminary determination

were made on the date of its determination under this

paragraph,

(C) if the investigation was completed under subsection (g)

of this section, issue an antidumping duty order under section

1673e(a) of this title effective with respect to entries of

merchandise liquidation of which was suspended,

(D) if it considers the violation to be intentional, notify

the Commissioner of Customs who shall take appropriate action

under paragraph (2), and

(E) notify the petitioner, interested parties who are or were

parties to the investigation, and the Commission of its action

under this paragraph.

(2) Intentional violation to be punished by civil penalty

Any person who intentionally violates an agreement accepted by

the administering authority under subsection (b) or (c) of this

section shall be subject to a civil penalty assessed in the same

amount, in the same manner, and under the same procedures, as the

penalty imposed for a fraudulent violation of section 1592(a) of

this title.

(j) Determination not to take agreement into account

In making a final determination under section 1673d of this

title, or in conducting a review under section 1675 of this title,

in a case in which the administering authority has terminated a

suspension of investigation under subsection (i)(1) of this

section, or continued an investigation under subsection (g) of this

section, the Commission and the administering authority shall

consider all of the subject merchandise without regard to the

effect of any agreement under subsection (b) or (c) of this

section.

(k) Termination of investigation initiated by administering

authority

The administering authority may terminate any investigation

initiated by the administering authority under section 1673a(a) of

this title after providing notice of such termination to all

parties to the investigation.

(l) Special rule for nonmarket economy countries

(1) In general

The administering authority may suspend an investigation under

this part upon acceptance of an agreement with a nonmarket

economy country to restrict the volume of imports into the United

States of the merchandise under investigation only if the

administering authority determines that -

(A) such agreement satisfies the requirements of subsection

(d) of this section, and

(B) will prevent the suppression or undercutting of price

levels of domestic products by imports of the merchandise under

investigation.

(2) Failure of agreements

If the administering authority determines that an agreement

accepted under this subsection no longer prevents the suppression

or undercutting of domestic prices of merchandise manufactured in

the United States, the provisions of subsection (i) of this

section shall apply.

(m) Special rule for regional industry investigations

(1) Suspension agreements

If the Commission makes a regional industry determination under

section 1677(4)(C) of this title, the administering authority

shall offer exporters of the subject merchandise who account for

substantially all exports of that merchandise for sale in the

region concerned the opportunity to enter into an agreement

described in subsection (b), (c), or (l) of this section.

(2) Requirements for suspension agreements

Any agreement described in paragraph (1) shall be subject to

all the requirements imposed under this section for other

agreements under subsection (b), (c), or (l) of this section,

except that if the Commission makes a regional industry

determination described in paragraph (1) in the final affirmative

determination under section 1673d(b) of this title but not in the

preliminary affirmative determination under section 1673b(a) of

this title, any agreement described in paragraph (1) may be

accepted within 60 days after the antidumping order is published

under section 1673e of this title.

(3) Effect of suspension agreement on antidumping duty order

If an agreement described in paragraph (1) is accepted after

the antidumping duty order is published, the administering

authority shall rescind the order, refund any cash deposit and

release any bond or other security deposited under section

1673b(d)(1)(B) of this title, and instruct the Customs Service

that entries of the subject merchandise that were made during the

period that the order was in effect shall be liquidated without

regard to antidumping duties.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 734, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 165; amended Pub.

L. 98-573, title VI, Sec. 604(b), 612(b)(2), Oct. 30, 1984, 98

Stat. 3026, 3034; Pub. L. 100-418, title I, Sec. 1316(c),

1326(d)(2), Aug. 23, 1988, 102 Stat. 1187, 1204; Pub. L. 103-465,

title II, Sec. 216(b), 217(b), 218(a)(2), 219(c)(2)-(5),

233(a)(1)(B), (2)(A)(ii), (5)(S)-(U), Dec. 8, 1994, 108 Stat. 4853,

4854, 4857, 4898, 4900.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 217(b), designated

existing provisions as subpar. (A), inserted heading and realigned

margin, and added subpar. (B).

Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 233(a)(5)(S),

substituted ''subject merchandise'' for ''merchandise that is

subject to the investigation''.

Subsec. (b). Pub. L. 103-465, Sec. 233(a)(5)(T), substituted

''subject merchandise'' for ''merchandise which is the subject of

the investigation'' in introductory provisions.

Subsec. (b)(2). Pub. L. 103-465, Sec. 233(a)(1)(B), (2)(A)(ii),

substituted ''normal value'' for ''foreign market value'' and

''export price (or the constructed export price)'' for ''United

States price''.

Subsec. (c)(1). Pub. L. 103-465, Sec. 233(a)(5)(T), substituted

''subject merchandise'' for ''merchandise which is the subject of

the investigation'' in introductory provisions.

Subsec. (c)(1)(B). Pub. L. 103-465, Sec. 233(a)(1)(B),

(2)(A)(ii), substituted ''normal value'' for ''foreign market

value'' in two places and ''export price (or the constructed export

price)'' for ''United States price'' in two places.

Subsec. (d). Pub. L. 103-465, Sec. 216(b), inserted concluding

provisions.

Subsec. (f)(1)(A). Pub. L. 103-465, Sec. 233(a)(5)(T),

substituted ''subject merchandise'' for ''merchandise which is the

subject of the investigation''.

Subsec. (f)(2)(A)(i). Pub. L. 103-465, Sec. 219(c)(2)(A),

233(a)(5)(T), substituted ''subject merchandise'' for ''merchandise

which is the subject of the investigation'' and ''1673b(d)(2)'' for

''1673b(d)(1)''.

Subsec. (f)(2)(A)(iii). Pub. L. 103-465, Sec. 219(c)(2)(B),

substituted ''1673b(d)(1)(B)'' for ''1673b(d)(2)''.

Subsec. (f)(2)(B). Pub. L. 103-465, Sec. 219(c)(3), 233(a)(5)(U),

substituted ''subject merchandise'' for ''merchandise subject to

the investigation'', ''1673b(d)(2)'' for ''1673b(d)(1)'', and

''1673b(d)(1)(B)'' for ''1673b(d)(2)''.

Subsecs. (g)(1), (h)(2). Pub. L. 103-465, Sec. 233(a)(5)(T),

substituted ''subject merchandise'' for ''merchandise which is the

subject of the investigation''.

Subsec. (h)(3). Pub. L. 103-465, Sec. 219(c)(4), 233(a)(5)(T), in

introductory provisions, substituted ''subject merchandise'' for

''merchandise which is the subject of the investigation'', in

subpar. (A), substituted ''1673b(d)(2)'' for ''1673b(d)(1)'', and

in subpar. (B), substituted ''1673b(d)(1)(B)'' for ''1673b(d)(2)''.

Subsec. (i)(1)(A). Pub. L. 103-465, Sec. 219(c)(5), substituted

''1673b(d)(2)'' for ''1673b(d)(1)'' in introductory provisions.

Subsec. (j). Pub. L. 103-465, Sec. 233(a)(5)(T), substituted

''subject merchandise'' for ''merchandise which is the subject of

the investigation''.

Subsec. (m). Pub. L. 103-465, Sec. 218(a)(2), added subsec. (m).

1988 - Subsecs. (g)(2), (h)(1). Pub. L. 100-418, Sec. 1326(d)(2),

substituted ''(F), or (G)'' for ''and (F)''.

Subsec. (l). Pub. L. 100-418, Sec. 1316(c), added subsec. (l).

1984 - Subsec. (a). Pub. L. 98-573, Sec. 604(b)(1), amended

subsec. (a) generally, which prior to amendment read as follows:

''An investigation under this part may be terminated by either the

administering authority or the Commission after notice to all

parties to the investigation, upon withdrawal of the petition by

the petitioner. The Commission may not terminate an investigation

under the preceding sentence before a preliminary determination is

made by the administering authority under section 1673b(b) of this

title.''

Subsec. (d). Pub. L. 98-573, Sec. 604(b)(2), struck out

designation ''(1)'' preceding first sentence, substituted ''may not

accept'' for ''shall not accept'', redesignated former subpars. (A)

and (B) as pars. (1) and (2), respectively, and struck out former

par. (2), which had provided that exports of merchandise to the

United States were not to increase during the interim period.

Subsec. (e)(3). Pub. L. 98-573, Sec. 604(b)(3), substituted ''all

interested parties described in section 1677(9) of this title'' for

''all parties to the investigation''.

Subsecs. (g)(2), (h)(1). Pub. L. 98-573, Sec. 612(b)(2),

substituted reference to subpar. ''(C), (D), (E), and (F)'' for

''(C), (D), or (E)'' of section 1677(9) of this title.

Subsec. (i)(1)(D), (E). Pub. L. 98-573, Sec. 604(b)(4), added

subpar. (D) and redesignated former subpar. (D) as (E).

Subsec. (k). Pub. L. 98-573, Sec. 604(b)(5), added subsec. (k).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable with respect to

investigations initiated after Aug. 23, 1988, and to reviews

initiated under section 1673e(c) or 1675 of this title after Aug.

23, 1988, see section 1337(b) of Pub. L. 100-418, set out as a note

under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 604(b) of Pub. L. 98-573 effective Oct. 30,

1984, and amendment by section 612(b)(2) of Pub. L. 98-573

applicable with respect to investigations initiated by petition or

by the administering authority under parts I and II of this

subtitle, and to reviews begun under section 1675 of this title, on

or after Oct. 30, 1984, see section 626(a), (b)(1) of Pub. L.

98-573, as amended, set out as a note under section 1671 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1673h, 1675,

1675a, 1677, 1677i, 1677m of this title; title 28 section 1582.

-CITE-

19 USC Sec. 1673d 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673d. Final determinations

-STATUTE-

(a) Final determination by administering authority

(1) General rule

Within 75 days after the date of its preliminary determination

under section 1673b(b) of this title, the administering authority

shall make a final determination of whether the subject

merchandise is being, or is likely to be, sold in the United

States at less than its fair value.

(2) Extension of period for determination

The administering authority may postpone making the final

determination under paragraph (1) until not later than the 135th

day after the date on which it published notice of its

preliminary determination under section 1673b(b) of this title if

a request in writing for such a postponement is made by -

(A) exporters who account for a significant proportion of

exports of the merchandise which is the subject of the

investigation, in a proceeding in which the preliminary

determination by the administering authority under section

1673b(b) of this title was affirmative, or

(B) the petitioner, in a proceeding in which the preliminary

determination by the administering authority under section

1673b(b) of this title was negative.

(3) Critical circumstances determinations

If the final determination of the administering authority is

affirmative, then that determination, in any investigation in

which the presence of critical circumstances has been alleged

under section 1673b(e) of this title, shall also contain a

finding of whether -

(A)(i) there is a history of dumping and material injury by

reason of dumped imports in the United States or elsewhere of

the subject merchandise, or

(ii) the person by whom, or for whose account, the

merchandise was imported knew or should have known that the

exporter was selling the subject merchandise at less than its

fair value and that there would be material injury by reason of

such sales, and

(B) there have been massive imports of the subject

merchandise over a relatively short period.

Such findings may be affirmative even though the preliminary

determination under section 1673b(e)(1) of this title was

negative.

(4) De minimis dumping margin

In making a determination under this subsection, the

administering authority shall disregard any weighted average

dumping margin that is de minimis as defined in section

1673b(b)(3) of this title.

(b) Final determination by Commission

(1) In general

The Commission shall make a final determination of whether -

(A) an industry in the United States -

(i) is materially injured, or

(ii) is threatened with material injury, or

(B) the establishment of an industry in the United States is

materially retarded,

by reason of imports, or sales (or the likelihood of sales) for

importation, of the merchandise with respect to which the

administering authority has made an affirmative determination

under subsection (a)(1) of this section. If the Commission

determines that imports of the subject merchandise are

negligible, the investigation shall be terminated.

(2) Period for injury determination following affirmative

preliminary determination by administering authority

If the preliminary determination by the administering authority

under section 1673b(b) of this title is affirmative, then the

Commission shall make the determination required by paragraph (1)

before the later of -

(A) the 120th day after the day on which the administering

authority makes its affirmative preliminary determination under

section 1673b(b) of this title, or

(B) the 45th day after the day on which the administering

authority makes its affirmative final determination under

subsection (a) of this section.

(3) Period for injury determination following negative

preliminary determination by administering authority

If the preliminary determination by the administering authority

under section 1673b(b) of this title is negative, and its final

determination under subsection (a) of this section is

affirmative, then the final determination by the Commission under

this subsection shall be made within 75 days after the date of

that affirmative final determination.

(4) Certain additional findings

(A) Commission standard for retroactive application. -

(i) In general. - If the finding of the administering

authority under subsection (a)(3) of this section is

affirmative, then the final determination of the Commission

shall include a finding as to whether the imports subject to

the affirmative determination under subsection (a)(3) of this

section are likely to undermine seriously the remedial effect

of the antidumping duty order to be issued under section 1673e

of this title.

(ii) Factors to consider. - In making the evaluation under

clause (i), the Commission shall consider, among other factors

it considers relevant -

(I) the timing and the volume of the imports,

(II) a rapid increase in inventories of the imports, and

(III) any other circumstances indicating that the remedial

effect of the antidumping order will be seriously undermined.

(B) If the final determination of the Commission is that there

is no material injury but that there is threat of material

injury, then its determination shall also include a finding as to

whether material injury by reason of the imports of the

merchandise with respect to which the administering authority has

made an affirmative determination under subsection (a) of this

section would have been found but for any suspension of

liquidation of entries of the merchandise.

(c) Effect of final determinations

(1) Effect of affirmative determination by the administering

authority

If the determination of the administering authority under

subsection (a) of this section is affirmative, then -

(A) the administering authority shall make available to the

Commission all information upon which such determination was

based and which the Commission considers relevant to its

determination, under such procedures as the administering

authority and the Commission may establish to prevent

disclosure, other than with the consent of the party providing

it or under protective order, of any information as to which

confidential treatment has been given by the administering

authority,

(B)(i) the administering authority shall -

(I) determine the estimated weighted average dumping margin

for each exporter and producer individually investigated, and

(II) determine, in accordance with paragraph (5), the

estimated all-others rate for all exporters and producers not

individually investigated, and

(ii) the administering authority shall order the posting of a

cash deposit, bond, or other security, as the administering

authority deems appropriate, for each entry of the subject

merchandise in an amount based on the estimated weighted

average dumping margin or the estimated all-others rate,

whichever is applicable, and

(C) in cases where the preliminary determination by the

administering authority under section 1673b(b) of this title

was negative, the administering authority shall order the

suspension of liquidation under section 1673b(d)(2) of this

title.

(2) Issuance of order; effect of negative determination

If the determinations of the administering authority and the

Commission under subsections (a)(1) and (b)(1) of this section

are affirmative, then the administering authority shall issue an

antidumping duty order under section 1673e(a) of this title. If

either of such determinations is negative, the investigation

shall be terminated upon the publication of notice of that

negative determination and the administering authority shall -

(A) terminate the suspension of liquidation under section

1673b(d)(2) of this title, and

(B) release any bond or other security, and refund any cash

deposit, required under section 1673b(d)(1)(B) of this title.

(3) Effect of negative determinations under subsections (a)(3)

and (b)(4)(A) of this section

If the determination of the administering authority or the

Commission under subsection (a)(3) or (b)(4)(A) of this section,

respectively, is negative, then the administering authority shall

-

(A) terminate any retroactive suspension of liquidation

required under paragraph (4) or section 1673b(e)(2) of this

title, and

(B) release any bond or other security, and refund any cash

deposit required, under section 1673b(d)(1)(B) of this title

with respect to entries of the merchandise the liquidation of

which was suspended retroactively under section 1673b(e)(2) of

this title.

(4) Effect of affirmative determination under subsection (a)(3)

of this section

If the determination of the administering authority under

subsection (a)(3) of this section is affirmative, then the

administering authority shall -

(A) in cases where the preliminary determinations by the

administering authority under sections 1673b(b) and 1673b(e)(1)

of this title were both affirmative, continue the retroactive

suspension of liquidation and the posting of a cash deposit,

bond, or other security previously ordered under section

1673b(e)(2) of this title;

(B) in cases where the preliminary determination by the

administering authority under section 1673b(b) of this title

was affirmative, but the preliminary determination under

section 1673b(e)(1) of this title was negative, shall modify

any suspension of liquidation and security requirement

previously ordered under section 1673b(d) of this title to

apply to unliquidated entries of merchandise entered, or

withdrawn from warehouse, for consumption on or after the date

which is 90 days before the date on which suspension of

liquidation was first ordered; or

(C) in cases where the preliminary determination by the

administering authority under section 1673b(b) of this title

was negative, shall apply any suspension of liquidation and

security requirement ordered under subsection (c)(1)(B) of this

section to unliquidated entries of merchandise entered, or

withdrawn from warehouse, for consumption on or after the date

which is 90 days before the date on which suspension of

liquidation is first ordered.

(5) Method for determining estimated all-others rate

(A) General rule

For purposes of this subsection and section 1673b(d) of this

title, the estimated all-others rate shall be an amount equal

to the weighted average of the estimated weighted average

dumping margins established for exporters and producers

individually investigated, excluding any zero and de minimis

margins, and any margins determined entirely under section

1677e of this title.

(B) Exception

If the estimated weighted average dumping margins established

for all exporters and producers individually investigated are

zero or de minimis margins, or are determined entirely under

section 1677e of this title, the administering authority may

use any reasonable method to establish the estimated all-others

rate for exporters and producers not individually investigated,

including averaging the estimated weighted average dumping

margins determined for the exporters and producers individually

investigated.

(d) Publication of notice of determinations

Whenever the administering authority or the Commission makes a

determination under this section, it shall notify the petitioner,

other parties to the investigation, and the other agency of its

determination and of the facts and conclusions of law upon which

the determination is based, and it shall publish notice of its

determination in the Federal Register.

(e) Correction of ministerial errors

The administering authority shall establish procedures for the

correction of ministerial errors in final determinations within a

reasonable time after the determinations are issued under this

section. Such procedures shall ensure opportunity for interested

parties to present their views regarding any such errors. As used

in this subsection, the term ''ministerial error'' includes errors

in addition, subtraction, or other arithmetic function, clerical

errors resulting from inaccurate copying, duplication, or the like,

and any other type of unintentional error which the administering

authority considers ministerial.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 735, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 169; amended Pub.

L. 98-573, title VI, Sec. 602(c), 605(b), Oct. 30, 1984, 98 Stat.

3024, 3028; Pub. L. 100-418, title I, Sec. 1324(b)(3), 1333(a),

Aug. 23, 1988, 102 Stat. 1201, 1209; Pub. L. 103-465, title II,

Sec. 212(b)(2)(B), 213(b), 214(b)(2), 219(b), (c)(6)-(8),

233(a)(5)(V), Dec. 8, 1994, 108 Stat. 4849-4851, 4856, 4857, 4900;

Pub. L. 104-295, Sec. 20(b)(6), Oct. 11, 1996, 110 Stat. 3527.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(3)(A)(i). Pub. L. 104-295 amended Pub. L.

103-465, Sec. 214(b)(2)(A)(i). See 1994 Amendment note below.

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(5)(V),

substituted ''subject merchandise'' for ''merchandise which was the

subject of the investigation''.

Subsec. (a)(3)(A)(i). Pub. L. 103-465, Sec. 214(b)(2)(A)(i), as

amended by Pub. L. 104-295, inserted ''and material injury by

reason of dumped imports'' after ''history of dumping'' and

substituted ''subject merchandise'' for ''class or kind of

merchandise which is the subject of the investigation''.

Subsec. (a)(3)(A)(ii). Pub. L. 103-465, Sec. 214(b)(2)(A)(ii),

substituted ''subject merchandise at less than its fair value and

that there would be material injury by reason of such sales'' for

''merchandise which is the subject of the investigation at less

than its fair value''.

Subsec. (a)(3)(B). Pub. L. 103-465, Sec. 214(b)(2)(A)(iii),

substituted ''subject merchandise'' for ''merchandise which is the

subject of the investigation''.

Subsec. (a)(4). Pub. L. 103-465, Sec. 213(b), added par. (4).

Subsec. (b)(1). Pub. L. 103-465, Sec. 212(b)(2)(B), inserted at

end of concluding provisions ''If the Commission determines that

imports of the subject merchandise are negligible, the

investigation shall be terminated.''

Subsec. (b)(4)(A). Pub. L. 103-465, Sec. 214(b)(2)(B), amended

subpar. (A) generally, substituting present provisions for

provisions requiring, in the case of an affirmative critical

circumstances determination, a further finding as to whether

retroactive imposition of antidumping duties on the subject

merchandise would be necessary to prevent recurrence of material

injury caused by massive imports of the merchandise over a

relatively short period of time.

Subsec. (c)(1). Pub. L. 103-465, Sec. 219(b)(1), struck out

''and'' at end of subpar. (A), added subpar. (B), and redesignated

former subpar. (B) as (C) and substituted ''the suspension of

liquidation under section 1673b(d)(2) of this title'' for ''under

paragraphs (1) and (2) of section 1673b(d) of this title the

suspension of liquidation and the posting of a cash deposit, bond,

or other security''.

Subsec. (c)(2)(A). Pub. L. 103-465, Sec. 219(c)(6), substituted

''1673b(d)(2)'' for ''1671b(d)(1)''.

Subsec. (c)(2)(B). Pub. L. 103-465, Sec. 219(c)(7), substituted

''1673b(d)(1)(B)'' for ''1673b(d)(2)''.

Subsec. (c)(3)(B). Pub. L. 103-465, Sec. 219(c)(8), substituted

''1673b(d)(1)(B)'' for ''1673b(d)(2)''.

Subsec. (c)(5). Pub. L. 103-465, Sec. 219(b)(2), added par. (5).

1988 - Subsec. (b)(4)(A). Pub. L. 100-418, Sec. 1324(b)(3),

amended subpar. (A) generally. Prior to amendment, subpar. (A)

read as follows: ''If the finding of the administering authority

under subsection (a)(2) of this section is affirmative, then the

final determination of the Commission shall include a finding as to

whether the material injury is by reason of massive imports

described in subsection (a)(3) of this section to an extent that,

in order to prevent such material injury from recurring, it is

necessary to impose the duty imposed by section 1673 of this title

retroactively on those imports.''

Subsec. (e). Pub. L. 100-418, Sec. 1333(a), added subsec. (e).

1984 - Subsec. (a)(3). Pub. L. 98-573, Sec. 605(b)(1), inserted

provision that such findings may be affirmative even though the

preliminary determination under section 1673b(e)(1) of this title

was negative.

Subsec. (b)(1). Pub. L. 98-573, Sec. 602(c), inserted '', or

sales (or the likelihood of sales) for importation,'' in provisions

after subpar. (B).

Subsec. (c)(3)(A). Pub. L. 98-573, Sec. 605(b)(3), inserted

reference to par. (4).

Subsec. (c)(4). Pub. L. 98-573, Sec. 605(b)(2), added par. (4).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by section 1333(a) of Pub. L. 100-418 effective Aug.

23, 1988, and amendment by section 1324(b)(3) of Pub. L. 100-418

applicable with respect to investigations initiated after Aug. 23,

1988, see section 1337(a), (c) of Pub. L. 100-418, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 602(c) of Pub. L. 98-573 applicable with

respect to investigations initiated by petition or by the

administering authority under parts I and II of this subtitle, and

to reviews begun under section 1675 of this title, on or after Oct.

30, 1984, and amendment by section 605(b) of Pub. L. 98-573

effective Oct. 30, 1984, see section 626(a), (b)(1) of Pub. L.

98-573, as amended, set out as a note under section 1671 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1673, 1673a,

1673b, 1673c, 1673e, 1673f, 1673h, 1675, 1675a, 1677, 1677c, 1677f,

1677f-1, 1677m, 1677n of this title.

-CITE-

19 USC Sec. 1673e 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673e. Assessment of duty

-STATUTE-

(a) Publication of antidumping duty order

Within 7 days after being notified by the Commission of an

affirmative determination under section 1673d(b) of this title, the

administering authority shall publish an antidumping duty order

which -

(1) directs customs officers to assess an antidumping duty

equal to the amount by which the normal value of the merchandise

exceeds the export price (or the constructed export price) of the

merchandise, within 6 months after the date on which the

administering authority receives satisfactory information upon

which the assessment may be based, but in no event later than -

(A) 12 months after the end of the annual accounting period

of the manufacturer or exporter within which the merchandise is

entered, or withdrawn from warehouse, for consumption, or

(B) in the case of merchandise not sold prior to its

importation into the United States, 12 months after the end of

the annual accounting period of the manufacturer or exporter

within which it is sold in the United States to a person who is

not the exporter of that merchandise,

(2) includes a description of the subject merchandise, in such

detail as the administering authority deems necessary, and

(3) requires the deposit of estimated antidumping duties

pending liquidation of entries of merchandise at the same time as

estimated normal customs duties on that merchandise are

deposited.

(b) Imposition of duty

(1) General rule

If the Commission, in its final determination under section

1673d(b) of this title, finds material injury or threat of

material injury which, but for the suspension of liquidation

under section 1673b(d)(2) of this title would have led to a

finding of material injury, then entries of the subject

merchandise, the liquidation of which has been suspended under

section 1673b(d)(2) of this title, shall be subject to the

imposition of antidumping duties under section 1673 of this

title.

(2) Special rule

If the Commission, in its final determination under section

1673d(b) of this title, finds threat of material injury, other

than threat of material injury described in paragraph (1), or

material retardation of the establishment of an industry in the

United States, then subject merchandise which is entered, or

withdrawn from warehouse, for consumption on or after the date of

publication of notice of an affirmative determination of the

Commission under section 1673d(b) of this title shall be subject

to the assessment of antidumping duties under section 1673 of

this title, and the administering authority shall release any

bond or other security, and refund any cash deposit made, to

secure the payment of antidumping duties with respect to entries

of the merchandise entered, or withdrawn from warehouse, for

consumption before that date.

(c) Security in lieu of estimated duty pending early determination

of duty

(1) Conditions for waiver of deposit of estimated duties

The administering authority may permit, for not more than 90

days after the date of publication of an order under subsection

(a) of this section, the posting of a bond or other security in

lieu of the deposit of estimated antidumping duties required

under subsection (a)(3) of this section if -

(A) the investigation has not been designated as

extraordinarily complicated by reason of -

(i) the number and complexity of the transactions to be

investigated or adjustments to be considered,

(ii) the novelty of the issues presented, or

(iii) the number of firms whose activities must be

investigated,

(B) the final determination in the investigation has not been

postponed under section 1673d(a)(2)(A) of this title;

(C) on the basis of information presented to the

administering authority by any manufacturer, producer, or

exporter in such form and within such time as the administering

authority may require, the administering authority is satisfied

that a determination will be made, within 90 days after the

date of publication of an order under subsection (a) of this

section, of the normal value and the export price (or the

constructed export price) for all merchandise of such

manufacturer, producer, or exporter described in that order

which was entered, or withdrawn from warehouse, for consumption

on or after the date of publication of -

(i) an affirmative preliminary determination by the

administering authority under section 1673b(b) of this title,

or

(ii) if its determination under section 1673b(b) of this

title was negative, an affirmative final determination by the

administering authority under section 1673d(a) of this title,

and before the date of publication of the affirmative final

determination by the Commission under section 1673d(b) of this

title;

(D) the party described in subparagraph (C) provides credible

evidence that the amount by which the normal value of the

merchandise exceeds the export price (or the constructed export

price) of the merchandise is significantly less than the amount

of such excess specified in the antidumping duty order

published under subsection (a) of this section; and

(E) the data concerning the normal value and the export price

(or the constructed export price) apply to sales in the usual

commercial quantities and in the ordinary course of trade and

the number of such sales are sufficient to form an adequate

basis for comparison.

(2) Notice; hearing

If the administering authority permits the posting of a bond or

other security in lieu of the deposit of estimated antidumping

duties under paragraph (1), it shall -

(A) publish notice of its action in the Federal Register, and

(B) upon the request of any interested party, hold a hearing

in accordance with section 1677c of this title before

determining the normal value and the export price (or the

constructed export price) of the merchandise.

(3) Determinations to be basis of antidumping duty

The administering authority shall publish notice in the Federal

Register of the results of its determination of normal value and

export price (or the constructed export price), and that

determination shall be the basis for the assessment of

antidumping duties on entries of merchandise to which the notice

under this subsection applies and also shall be the basis for the

deposit of estimated antidumping duties on future entries of

merchandise of manufacturers, producers, or exporters described

in paragraph (1) to which the order issued under subsection (a)

of this section applies.

(4) Provision of business proprietary information; written

comments

Before determining whether to permit the posting of bond or

other security under paragraph (1) in lieu of the deposit of

estimated antidumping duties, the administering authority shall -

(A) make all business proprietary information supplied to the

administering authority under paragraph (1) available under a

protective order in accordance with section 1677f(c) of this

title to all interested parties described in subparagraph (C),

(D), (E), (F), or (G) of section 1677(9) of this title, and

(B) afford all interested parties an opportunity to file

written comments on whether the posting of bond or other

security under paragraph (1) in lieu of the deposit of

estimated antidumping duties should be permitted.

(d) Special rule for regional industries

(1) In general

In an investigation in which the Commission makes a regional

industry determination under section 1677(4)(C) of this title,

the administering authority shall, to the maximum extent

possible, direct that duties be assessed only on the subject

merchandise of the specific exporters or producers that exported

the subject merchandise for sale in the region concerned during

the period of investigation.

(2) Exception for new exporters and producers

After publication of the antidumping duty order, if the

administering authority finds that a new exporter or producer is

exporting the subject merchandise for sale in the region

concerned, the administering authority shall direct that duties

be assessed on the subject merchandise of the new exporter or

producer consistent with the provisions of section 1675(a)(2)(B)

of this title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 736, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 172; amended Pub.

L. 99-514, title XVIII, Sec. 1886(a)(7), Oct. 22, 1986, 100 Stat.

2922; Pub. L. 100-418, title I, Sec. 1325, Aug. 23, 1988, 102 Stat.

1201; Pub. L. 103-465, title II, Sec. 218(b)(2), 219(c)(9),

233(a)(1)(C), (2)(A)(iii), (5)(W)-(Y), Dec. 8, 1994, 108 Stat.

4855, 4857, 4898, 4900.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(1)(C),

(2)(A)(iii), substituted ''normal value'' for ''foreign market

value'' and ''export price (or the constructed export price)'' for

''United States price''.

Subsec. (a)(2). Pub. L. 103-465, Sec. 233(a)(5)(W), substituted

''subject merchandise'' for ''class or kind of merchandise to which

it applies''.

Subsec. (b)(1). Pub. L. 103-465, Sec. 219(c)(9), 233(a)(5)(X),

substituted ''1673b(d)(2)'' for ''1673b(d)(1)'' in two places and

''subject merchandise'' for ''merchandise subject to the

antidumping duty order''.

Subsec. (b)(2). Pub. L. 103-465, Sec. 233(a)(5)(Y), substituted

''subject merchandise'' for ''merchandise subject to an antidumping

duty order''.

Subsec. (c). Pub. L. 103-465, Sec. 233(a)(1)(C), (2)(A)(iii),

substituted ''normal value'' for ''foreign market value'' and

''export price (or the constructed export price)'' for ''United

States price'' in pars. (1)(C) to (E), (2)(B), and (3).

Subsec. (d). Pub. L. 103-465, Sec. 218(b)(2), added subsec. (d).

1988 - Subsec. (c)(1). Pub. L. 100-418, Sec. 1325(a), amended

par. (1) generally, designating existing provisions as cl. (C) and

adding cls. (A), (B), (D), and (E).

Subsec. (c)(4). Pub. L. 100-418, Sec. 1325(b), added par. (4).

1986 - Subsec. (c)(1). Pub. L. 99-514 inserted '', and was sold

to any person that is not related to such manufacturer, producer,

or exporter,'' before ''on or after the date''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable with respect to

investigations initiated after Aug. 23, 1988, and to reviews

initiated under section 1673e(c) or 1675 of this title after Aug.

23, 1988, see section 1337(b) of Pub. L. 100-418, set out as a note

under section 1671 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1673c, 1673d, 1673f,

1673h, 1675, 1677, 1677f, 1677j, 1677m, 1677n of this title.

-CITE-

19 USC Sec. 1673f 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673f. Treatment of difference between deposit of estimated

antidumping duty and final assessed duty under antidumping duty

order

-STATUTE-

(a) Deposit of estimated antidumping duty under section

1673b(d)(1)(B) of this title

If the amount of a cash deposit, or the amount of any bond or

other security, required as security for an estimated antidumping

duty under section 1673b(d)(1)(B) of this title is different from

the amount of the antidumping duty determined under an antidumping

duty order published under section 1673e of this title, then the

difference for entries of merchandise entered, or withdrawn from

warehouse, for consumption before notice of the affirmative

determination of the Commission under section 1673d(b) of this

title is published shall be -

(1) disregarded, to the extent that the cash deposit, bond, or

other security is lower than the duty under the order, or

(2) refunded or released, to the extent that the cash deposit,

bond, or other security is higher than the duty under the order.

(b) Deposit of estimated antidumping duty under section 1673e(a)(3)

of this title

If the amount of an estimated antidumping duty deposited under

section 1673e(a)(3) of this title is different from the amount of

the antidumping duty determined under an antidumping duty order

published under section 1673e of this title, then the difference

for entries of merchandise entered, or withdrawn from warehouse,

for consumption after notice of the affirmative determination of

the Commission under section 1673d(b) of this title is published

shall be -

(1) collected, to the extent that the deposit under section

1673e(a)(3) of this title is lower than the duty determined under

the order, or

(2) refunded, to the extent that the deposit under section

1673e(a)(3) of this title is higher than the duty determined

under the order,

together with interest as provided by section 1677g of this title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 737, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 173; amended Pub.

L. 103-465, title II, Sec. 219(c)(10), Dec. 8, 1994, 108 Stat.

4857; Pub. L. 104-295, Sec. 40, Oct. 11, 1996, 110 Stat. 3541.)

-MISC1-

AMENDMENTS

1996 - Subsec. (a). Pub. L. 104-295, Sec. 40(1), substituted

''deposit, or the amount of any bond or other security, required''

for ''deposit collected'' in introductory provisions.

Subsec. (a)(1). Pub. L. 104-295, Sec. 40(2), substituted ''that

the cash deposit, bond, or other security'' for ''the cash deposit

collected''.

Subsec. (a)(2). Pub. L. 104-295, Sec. 40(3), substituted

''refunded or released, to the extent that the cash deposit, bond,

or other security'' for ''refunded, to the extent the cash

deposit''.

1994 - Subsec. (a). Pub. L. 103-465 substituted

''1673b(d)(1)(B)'' for ''1673b(d)(2)'' in heading and text.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

-CITE-

19 USC Sec. 1673g 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673g. Conditional payment of antidumping duty

-STATUTE-

(a) General rule

For all entries, or withdrawals from warehouse, for consumption

of merchandise subject to an antidumping duty order on or after the

date of publication of such order, no customs officer may deliver

merchandise of that class or kind to the person by whom or for

whose account it was imported unless that person complies with the

requirements of subsection (b) of this section and deposits with

the appropriate customs officer an estimated antidumping duty in an

amount determined by the administering authority.

(b) Importer requirements

In order to meet the requirements of this subsection, a person

shall -

(1) furnish, or arrange to have furnished, to the appropriate

customs officer such information as the administering authority

deems necessary for determining the export price (or the

constructed export price) of the merchandise imported by or for

the account of that person, and such other information as the

administering authority deems necessary for ascertaining any

antidumping duty to be imposed under this subtitle;

(2) maintain and furnish to the customs officer such records

concerning the sale of the merchandise as the administering

authority, by regulation, requires;

(3) state under oath before the customs officer that he is not

an exporter, or if he is an exporter, declare under oath at the

time of entry the constructed export price of the merchandise to

the customs officer if it is then known, or, if not, so declare

within 30 days after the merchandise has been sold, or has been

made the subject of an agreement to be sold, in the United

States; and

(4) pay, or agree to pay on demand, to the customs officer the

amount of antidumping duty imposed under section 1673 of this

title on that merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 738, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 174; amended Pub.

L. 103-465, title II, Sec. 233(a)(2)(A)(iv), (B), Dec. 8, 1994, 108

Stat. 4898.)

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(1). Pub. L. 103-465, Sec. 233(a)(2)(A)(iv),

substituted ''export price (or the constructed export price)'' for

''United States price''.

Subsec. (b)(3). Pub. L. 103-465, Sec. 233(a)(2)(B), substituted

''constructed export price'' for ''exporter's sales price''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

-CITE-

19 USC Sec. 1673h 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673h. Establishment of product categories for short life

cycle merchandise

-STATUTE-

(a) Establishment of product categories

(1) Petitions

(A) In general

An eligible domestic entity may file a petition with the

Commission requesting that a product category be established

with respect to short life cycle merchandise at any time after

the merchandise becomes the subject of 2 or more affirmative

dumping determinations.

(B) Contents

A petition filed under subparagraph (A) shall -

(i) identify the short life cycle merchandise that is the

subject of the affirmative dumping determinations,

(ii) specify the short life cycle merchandise that the

petitioner seeks to have included in the same product

category as the merchandise that is subject to the

affirmative dumping determinations,

(iii) specify any short life cycle merchandise the

petitioner particularly seeks to have excluded from the

product category,

(iv) provide reasons for the inclusions and exclusions

specified under clauses (ii) and (iii), and

(v) identify such merchandise in terms of the designations

used in the Harmonized Tariff Schedule of the United States.

(2) Determinations on sufficiency of petition

Upon receiving a petition under paragraph (1), the Commission

shall -

(A) request the administering authority to confirm promptly

the affirmative determinations on which the petition is based,

and

(B) upon receipt of such confirmation, determine whether the

merchandise covered by the confirmed affirmative determinations

is short life cycle merchandise and whether the petitioner is

an eligible domestic entity.

(3) Notice; hearings

If the determinations under paragraph (2)(B) are affirmative,

the Commission shall -

(A) publish notice in the Federal Register that the petition

has been received, and

(B) provide opportunity for the presentation of views

regarding the establishment of the requested product category,

including a public hearing if requested by any interested

person.

(4) Determinations

(A) In general

By no later than the date that is 90 days after the date on

which a petition is filed under paragraph (1), the Commission

shall determine the scope of the product category into which

the short life cycle merchandise that is the subject of the

affirmative dumping determinations identified in such petition

shall be classified for purposes of this section.

(B) Modifications not requested by petition

(i) In general

The Commission may, on its own initiative, make a

determination modifying the scope of any product category

established under subparagraph (A) at any time.

(ii) Notice and hearing

Determinations may be made under clause (i) only after the

Commission has -

(I) published in the Federal Register notice of the

proposed modification, and

(II) provided interested parties an opportunity for a

hearing, and a period for the submission of written

comments, on the classification of merchandise into the

product categories to be affected by such determination.

(C) Basis of determinations

In making determinations under subparagraph (A) or (B), the

Commission shall ensure that each product category consists of

similar short life cycle merchandise which is produced by

similar processes under similar circumstances and has similar

uses.

(b) Definitions

For purposes of this section -

(1) Eligible domestic entity

The term ''eligible domestic entity'' means a manufacturer or

producer in the United States, or a certified union or recognized

union or group of workers which is representative of an industry

in the United States, that manufactures or produces short life

cycle merchandise that is -

(A) like or directly competitive with other merchandise that

is the subject of 2 or more affirmative dumping determinations,

or

(B) is similar enough to such other merchandise as to be

considered for inclusion with such merchandise in a product

monitoring category established under this section.

(2) Affirmative dumping determination

The term ''affirmative dumping determination'' means -

(A) any affirmative final determination made by the

administering authority under section 1673d(a) of this title

during the 8-year period preceding the filing of the petition

under this section that results in the issuance of an

antidumping duty order under section 1673e of this title which

requires the deposit of estimated antidumping duties at a rate

of not less than 15 percent ad valorem, or

(B) any affirmative preliminary determination that -

(i) is made by the administering authority under section

1673b(b) of this title during the 8-year period preceding the

filing of the petition under this section in the course of an

investigation for which no final determination is made under

section 1673d of this title by reason of a suspension of the

investigation under section 1673c of this title, and

(ii) includes a determination that the estimated average

amount by which the normal value of the merchandise exceeds

the export price (or the constructed export price) of the

merchandise is not less than 15 percent ad valorem.

(3) Subject of affirmative dumping determination

(A) In general

Short life cycle merchandise of a manufacturer shall be

treated as being the subject of an affirmative dumping

determination only if the administering authority -

(i) makes a separate determination of the amount by which

the normal value of such merchandise of the manufacturer

exceeds the export price (or the constructed export price) of

such merchandise of the manufacturer, and

(ii) specifically identifies the manufacturer by name with

such amount in the affirmative dumping determination or in an

antidumping duty order issued as a result of the affirmative

dumping determination.

(B) Exclusion

Short life cycle merchandise of a manufacturer shall not be

treated as being the subject of an affirmative dumping

determination if -

(i) such merchandise of the manufacturer is part of a group

of merchandise to which the administering authority assigns

(in lieu of making separate determinations described in

subparagraph (A)(i)(I)) an amount determined to be the amount

by which the normal value of the merchandise in such group

exceeds the export price (or the constructed export price) of

the merchandise in such group, and

(ii) the merchandise and the manufacturer are not specified

by name in the affirmative dumping determination or in any

antidumping duty order issued as a result of such affirmative

dumping determination.

(4) Short life cycle merchandise

The term ''short life cycle merchandise'' means any product

that the Commission determines is likely to become outmoded

within 4 years, by reason of technological advances, after the

product is commercially available. For purposes of this

paragraph, the term ''outmoded'' refers to a kind of style that

is no longer state-of-the-art.

(c) Transitional rules

(1) For purposes of this section and section 1673b(b)(1)(B) and

(C) of this title, all affirmative dumping determinations described

in subsection (b)(2)(A) of this section that were made after

December 31, 1980, and before August 23, 1988, and all affirmative

dumping determinations described in subsection (b)(2)(B) of this

section that were made after December 31, 1984, and before August

23, 1988, with respect to each category of short life cycle

merchandise of the same manufacturer shall be treated as one

affirmative dumping determination with respect to that category for

that manufacturer which was made on the date on which the latest of

such determinations was made.

(2) No affirmative dumping determination that -

(A) is described in subsection (b)(2)(A) of this section and

was made before January 1, 1981, or

(B) is described in subsection (b)(2)(B) of this section and

was made before January 1, 1985,

may be taken into account under this section or section

1673b(b)(1)(B) and (C) of this title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 739, as added Pub. L.

100-418, title I, Sec. 1323(a), Aug. 23, 1988, 102 Stat. 1195;

amended Pub. L. 101-382, title I, Sec. 139(a)(2), Aug. 20, 1990,

104 Stat. 653; Pub. L. 103-465, title II, Sec. 233(a)(1)(D),

(2)(A)(v), Dec. 8, 1994, 108 Stat. 4898.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (a)(1)(B)(v), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

-MISC2-

PRIOR PROVISIONS

A prior section, act June 17, 1930, ch. 497, title VII, Sec. 739,

as added July 26, 1979, Pub. L. 96-39, title I, Sec. 101, 93 Stat.

174, related to duties of customs officers, prior to repeal by Pub.

L. 98-573, title VI, Sec. 610(a), Oct. 30, 1984, 98 Stat. 3031.

AMENDMENTS

1994 - Subsec. (b)(2)(B)(ii), (3)(A)(i), (B)(i). Pub. L. 103-465

substituted ''normal value'' for ''foreign market value'' and

''export price (or the constructed export price)'' for ''United

States price''.

1990 - Subsec. (a)(1)(B)(v). Pub. L. 101-382 substituted

''Harmonized Tariff Schedule'' for ''Tariff Schedules''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1673b of this title.

-CITE-

19 USC Sec. 1673i 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part II - Imposition of Antidumping Duties

-HEAD-

Sec. 1673i. Repealed. Pub. L. 98-573, title VI, Sec. 622(a)(1),

Oct. 30, 1984, 98 Stat. 3039

-MISC1-

Section, act June 17, 1930, ch. 497, title VII, Sec. 740, as

added July 26, 1979, Pub. L. 96-39, title I, Sec. 101, 93 Stat.

175, provided that the antidumping duty imposed by section 1673 of

this title was to be treated as a normal customs duty for drawback

purposes. See section 1677h of this title.

EFFECTIVE DATE OF REPEAL

Section repealed effective Oct. 30, 1984, see section 626(a) of

Pub. L. 98-573, set out as an Effective Date of 1984 Amendment note

under section 1671 of this title.

-CITE-

19 USC Part III - Reviews; Other Actions Regarding

Agreements 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

.

-HEAD-

Part III - Reviews; Other Actions Regarding Agreements

-COD-

CODIFICATION

The designation ''Part III'' was in the original ''Subtitle C''

and was editorially changed in order to conform the numbering

format of this subtitle to the usages employed in the codification

of the remainder of the Tariff Act of 1930 as originally enacted.

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in sections 1677, 3571 of this title.

-CITE-

19 USC subpart a - review of amount of duty and

agreements other than quantitative

restriction agreements 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart a - review of amount of duty and agreements other than

quantitative restriction agreements

.

-HEAD-

subpart a - review of amount of duty and agreements other than

quantitative restriction agreements

-CITE-

19 USC Sec. 1675 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart a - review of amount of duty and agreements other than

quantitative restriction agreements

-HEAD-

Sec. 1675. Administrative review of determinations

-STATUTE-

(a) Periodic review of amount of duty

(1) In general

At least once during each 12-month period beginning on the

anniversary of the date of publication of a countervailing duty

order under this subtitle or under section 1303 (FOOTNOTE 1) of

this title, an antidumping duty order under this subtitle or a

finding under the Antidumping Act, 1921, or a notice of the

suspension of an investigation, the administering authority, if a

request for such a review has been received and after publication

of notice of such review in the Federal Register, shall -

(FOOTNOTE 1) See References in Text note below.

(A) review and determine the amount of any net

countervailable subsidy,

(B) review, and determine (in accordance with paragraph (2)),

the amount of any antidumping duty, and

(C) review the current status of, and compliance with, any

agreement by reason of which an investigation was suspended,

and review the amount of any net countervailable subsidy or

dumping margin involved in the agreement,

and shall publish in the Federal Register the results of such

review, together with notice of any duty to be assessed,

estimated duty to be deposited, or investigation to be resumed.

(2) Determination of antidumping duties

(A) In general

For the purpose of paragraph (1)(B), the administering

authority shall determine -

(i) the normal value and export price (or constructed

export price) of each entry of the subject merchandise, and

(ii) the dumping margin for each such entry.

(B) Determination of antidumping or countervailing duties for

new exporters and producers

(i) In general

If the administering authority receives a request from an

exporter or producer of the subject merchandise establishing

that -

(I) such exporter or producer did not export the

merchandise that was the subject of an antidumping duty or

countervailing duty order to the United States (or, in the

case of a regional industry, did not export the subject

merchandise for sale in the region concerned) during the

period of investigation, and

(II) such exporter or producer is not affiliated (within

the meaning of section 1677(33) of this title) with any

exporter or producer who exported the subject merchandise

to the United States (or in the case of a regional

industry, who exported the subject merchandise for sale in

the region concerned) during that period,

the administering authority shall conduct a review under this

subsection to establish an individual weighted average

dumping margin or an individual countervailing duty rate (as

the case may be) for such exporter or producer.

(ii) Time for review under clause (i)

The administering authority shall commence a review under

clause (i) in the calendar month beginning after -

(I) the end of the 6-month period beginning on the date

of the countervailing duty or antidumping duty order under

review, or

(II) the end of any 6-month period occurring thereafter,

if the request for the review is made during that 6-month

period.

(iii) Posting bond or security

The administering authority shall, at the time a review

under this subparagraph is initiated, direct the Customs

Service to allow, at the option of the importer, the posting,

until the completion of the review, of a bond or security in

lieu of a cash deposit for each entry of the subject

merchandise.

(iv) Time limits

The administering authority shall make a preliminary

determination in a review conducted under this subparagraph

within 180 days after the date on which the review is

initiated, and a final determination within 90 days after the

date the preliminary determination is issued, except that if

the administering authority concludes that the case is

extraordinarily complicated, it may extend the 180-day period

to 300 days and may extend the 90-day period to 150 days.

(C) Results of determinations

The determination under this paragraph shall be the basis for

the assessment of countervailing or antidumping duties on

entries of merchandise covered by the determination and for

deposits of estimated duties.

(3) Time limits

(A) Preliminary and final determinations

The administering authority shall make a preliminary

determination under subparagraph (A), (B), or (C) of paragraph

(1) within 245 days after the last day of the month in which

occurs the anniversary of the date of publication of the order,

finding, or suspension agreement for which the review under

paragraph (1) is requested, and a final determination under

paragraph (1) within 120 days after the date on which the

preliminary determination is published. If it is not

practicable to complete the review within the foregoing time,

the administering authority may extend that 245-day period to

365 days and may extend that 120-day period to 180 days. The

administering authority may extend the time for making a final

determination without extending the time for making a

preliminary determination, if such final determination is made

not later than 300 days after the date on which the preliminary

determination is published.

(B) Liquidation of entries

If the administering authority orders any liquidation of

entries pursuant to a review under paragraph (1), such

liquidation shall be made promptly and, to the greatest extent

practicable, within 90 days after the instructions to Customs

are issued. In any case in which liquidation has not occurred

within that 90-day period, the Secretary of the Treasury shall,

upon the request of the affected party, provide an explanation

thereof.

(C) Effect of pending review under section 1516a

In a case in which a final determination under paragraph (1)

is under review under section 1516a of this title and a

liquidation of entries covered by the determination is enjoined

under section 1516a(c)(2) of this title or suspended under

section 1516a(g)(5)(C) of this title, the administering

authority shall, within 10 days after the final disposition of

the review under section 1516a of this title, transmit to the

Federal Register for publication the final disposition and

issue instructions to the Customs Service with respect to the

liquidation of entries pursuant to the review. In such a case,

the 90-day period referred to in subparagraph (B) shall begin

on the day on which the administering authority issues such

instructions.

(4) Absorption of antidumping duties

During any review under this subsection initiated 2 years or 4

years after the publication of an antidumping duty order under

section 1673e(a) of this title, the administering authority, if

requested, shall determine whether antidumping duties have been

absorbed by a foreign producer or exporter subject to the order

if the subject merchandise is sold in the United States through

an importer who is affiliated with such foreign producer or

exporter. The administering authority shall notify the

Commission of its findings regarding such duty absorption for the

Commission to consider in conducting a review under subsection

(c) of this section.

(b) Reviews based on changed circumstances

(1) In general

Whenever the administering authority or the Commission receives

information concerning, or a request from an interested party for

a review of -

(A) a final affirmative determination that resulted in an

antidumping duty order under this subtitle or a finding under

the Antidumping Act, 1921, or in a countervailing duty order

under this subtitle or section 1303 (FOOTNOTE 1) of this title,

(B) a suspension agreement accepted under section 1671c or

1673c of this title, or

(C) a final affirmative determination resulting from an

investigation continued pursuant to section 1671c(g) or

1673c(g) of this title,

which shows changed circumstances sufficient to warrant a review

of such determination or agreement, the administering authority

or the Commission (as the case may be) shall conduct a review of

the determination or agreement after publishing notice of the

review in the Federal Register.

(2) Commission review

In conducting a review under this subsection, the Commission

shall -

(A) in the case of a countervailing duty order or antidumping

duty order or finding, determine whether revocation of the

order or finding is likely to lead to continuation or

recurrence of material injury,

(B) in the case of a determination made pursuant to section

1671c(h)(2) or 1673c(h)(2) of this title, determine whether the

suspension agreement continues to eliminate completely the

injurious effects of imports of the subject merchandise, and

(C) in the case of an affirmative determination resulting

from an investigation continued under section 1671c(g) or

1673c(g) of this title, determine whether termination of the

suspended investigation is likely to lead to continuation or

recurrence of material injury.

(3) Burden of persuasion

During a review conducted by the Commission under this

subsection -

(A) the party seeking revocation of an order or finding

described in paragraph (1)(A) shall have the burden of

persuasion with respect to whether there are changed

circumstances sufficient to warrant such revocation, and

(B) the party seeking termination of a suspended

investigation or a suspension agreement shall have the burden

of persuasion with respect to whether there are changed

circumstances sufficient to warrant such termination.

(4) Limitation on period for review

In the absence of good cause shown -

(A) the Commission may not review a determination made under

section 1671d(b) or 1673d(b) of this title, or an investigation

suspended under section 1671c or 1673c of this title, and

(B) the administering authority may not review a

determination made under section 1671d(a) or 1673d(a) of this

title, or an investigation suspended under section 1671c or

1673c of this title,

less than 24 months after the date of publication of notice of

that determination or suspension.

(c) Five-year review

(1) In general

Notwithstanding subsection (b) of this section and except in

the case of a transition order defined in paragraph (6), 5 years

after the date of publication of -

(A) a countervailing duty order (other than a countervailing

duty order to which subparagraph (B) applies or which was

issued without an affirmative determination of injury by the

Commission under section 1303 (FOOTNOTE 1) of this title), an

antidumping duty order, or a notice of suspension of an

investigation, described in subsection (a)(1) of this section,

(B) a notice of injury determination under section 1675b of

this title with respect to a countervailing duty order, or

(C) a determination under this section to continue an order

or suspension agreement,

the administering authority and the Commission shall conduct a

review to determine, in accordance with section 1675a of this

title, whether revocation of the countervailing or antidumping

duty order or termination of the investigation suspended under

section 1671c or 1673c of this title would be likely to lead to

continuation or recurrence of dumping or a countervailable

subsidy (as the case may be) and of material injury.

(2) Notice of initiation of review

Not later than 30 days before the fifth anniversary of the date

described in paragraph (1), the administering authority shall

publish in the Federal Register a notice of initiation of a

review under this subsection and request that interested parties

submit -

(A) a statement expressing their willingness to participate

in the review by providing information requested by the

administering authority and the Commission,

(B) a statement regarding the likely effects of revocation of

the order or termination of the suspended investigation, and

(C) such other information or industry data as the

administering authority or the Commission may specify.

(3) Responses to notice of initiation

(A) No response

If no interested party responds to the notice of initiation

under this subsection, the administering authority shall issue

a final determination, within 90 days after the initiation of a

review, revoking the order or terminating the suspended

investigation to which such notice relates. For purposes of

this paragraph, an interested party means a party described in

section 1677(9)(C), (D), (E), (F), or (G) of this title.

(B) Inadequate response

If interested parties provide inadequate responses to a

notice of initiation, the administering authority, within 120

days after the initiation of the review, or the Commission,

within 150 days after such initiation, may issue, without

further investigation, a final determination based on the facts

available, in accordance with section 1677e of this title.

(4) Waiver of participation by certain interested parties

(A) In general

An interested party described in section 1677(9)(A) or (B) of

this title may elect not to participate in a review conducted

by the administering authority under this subsection and to

participate only in the review conducted by the Commission

under this subsection.

(B) Effect of waiver

In a review in which an interested party waives its

participation pursuant to this paragraph, the administering

authority shall conclude that revocation of the order or

termination of the investigation would be likely to lead to

continuation or recurrence of dumping or a countervailable

subsidy (as the case may be) with respect to that interested

party.

(5) Conduct of review

(A) Time limits for completion of review

Unless the review has been completed pursuant to paragraph

(3) or paragraph (4) applies, the administering authority shall

make its final determination pursuant to section 1675a(b) or

(c) of this title within 240 days after the date on which a

review is initiated under this subsection. If the

administering authority makes a final affirmative

determination, the Commission shall make its final

determination pursuant to section 1675a(a) of this title within

360 days after the date on which a review is initiated under

this subsection.

(B) Extension of time limit

The administering authority or the Commission (as the case

may be) may extend the period of time for making their

respective determinations under this subsection by not more

than 90 days, if the administering authority or the Commission

(as the case may be) determines that the review is

extraordinarily complicated. In a review in which the

administering authority extends the time for making a final

determination, but the Commission does not extend the time for

making a determination, the Commission's determination shall be

made not later than 120 days after the date on which the final

determination of the administering authority is published.

(C) Extraordinarily complicated

For purposes of this subsection, the administering authority

or the Commission (as the case may be) may treat a review as

extraordinarily complicated if -

(i) there is a large number of issues,

(ii) the issues to be considered are complex,

(iii) there is a large number of firms involved,

(iv) the orders or suspended investigations have been

grouped as described in subparagraph (D), or

(v) it is a review of a transition order.

(D) Grouped reviews

The Commission, in consultation with the administering

authority, may group orders or suspended investigations for

review if it considers that such grouping is appropriate and

will promote administrative efficiency. Where orders or

suspended investigations have been grouped, the Commission

shall, subject to subparagraph (B), make its final

determination under this subsection not later than 120 days

after the date that the administering authority publishes

notice of its final determination with respect to the last

order or agreement in the group.

(6) Special transition rules

(A) Schedule for reviews of transition orders

(i) Initiation

The administering authority shall begin its review of

transition orders in the 42d calendar month after the date

such orders are issued. A review of all transition orders

shall be initiated not later than the 5th anniversary after

the date such orders are issued.

(ii) Completion

A review of a transition order shall be completed not later

than 18 months after the date such review is initiated.

Reviews of all transition orders shall be completed not later

than 18 months after the 5th anniversary of the date such

orders are issued.

(iii) Subsequent reviews

The time limits set forth in clauses (i) and (ii) shall be

applied to all subsequent 5-year reviews of transition orders

by substituting ''date of the determination to continue such

orders'' for ''date such orders are issued''.

(iv) Revocation and termination

No transition order may be revoked under this subsection

before the date that is 5 years after the date the WTO

Agreement enters into force with respect to the United

States.

(B) Sequence of transition reviews

The administering authority, in consultation with the

Commission, shall determine such sequence of review of

transition orders as it deems appropriate to promote

administrative efficiency. To the extent practicable, older

orders shall be reviewed first.

(C) ''Transition order'' defined

For purposes of this section, the term ''transition order''

means -

(i) a countervailing duty order under this subtitle or

under section 1303 (FOOTNOTE 2) of this title,

(FOOTNOTE 2) See References in Text note below.

(ii) an antidumping duty order under this subtitle or a

finding under the Antidumping Act, 1921, or

(iii) a suspension of an investigation under section 1671c

or 1673c of this title,

which is in effect on the date the WTO Agreement enters into

force with respect to the United States.

(D) Issue date for transition orders

For purposes of this subsection, a transition order shall be

treated as issued on the date the WTO Agreement enters into

force with respect to the United States, if such order is based

on an investigation conducted by both the administering

authority and the Commission.

(7) Exclusions from computations

(A) In general

Subject to subparagraph (B), there shall be excluded from the

computation of the 5-year period described in paragraph (1) and

the periods described in paragraph (6) any period during which

the importation of the subject merchandise is prohibited on

account of the imposition, under the International Emergency

Economic Powers Act (50 U.S.C. 1701 et seq.) or other provision

of law, of sanctions by the United States against the country

in which the subject merchandise originates.

(B) Application of exclusion

Subparagraph (A) shall apply only with respect to subject

merchandise which originates in a country that is not a WTO

member.

(d) Revocation of order or finding; termination of suspended

investigation

(1) In general

The administering authority may revoke, in whole or in part, a

countervailing duty order or an antidumping duty order or

finding, or terminate a suspended investigation, after review

under subsection (a) or (b) of this section. The administering

authority shall not revoke, in whole or in part, a countervailing

duty order or terminate a suspended investigation on the basis of

any export taxes, duties, or other charges levied on the export

of the subject merchandise to the United States which are

specifically intended to offset the countervailable subsidy

received.

(2) Five-year reviews

In the case of a review conducted under subsection (c) of this

section, the administering authority shall revoke a

countervailing duty order or an antidumping duty order or

finding, or terminate a suspended investigation, unless -

(A) the administering authority makes a determination that

dumping or a countervailable subsidy, as the case may be, would

be likely to continue or recur, and

(B) the Commission makes a determination that material injury

would be likely to continue or recur as described in section

1675a(a) of this title.

(3) Application of revocation or termination

A determination under this section to revoke an order or

finding or terminate a suspended investigation shall apply with

respect to unliquidated entries of the subject merchandise which

are entered, or withdrawn from warehouse, for consumption on or

after the date determined by the administering authority.

(e) Hearings

Whenever the administering authority or the Commission conducts a

review under this section, it shall, upon the request of an

interested party, hold a hearing in accordance with section

1677c(b) of this title in connection with that review.

(f) Determination that basis for suspension no longer exists

If the determination of the Commission under subsection (b)(2)(B)

of this section is negative, the suspension agreement shall be

treated as not accepted, beginning on the date of publication of

the Commission's determination, and the administering authority and

the Commission shall proceed, under section 1671c(i) or 1673c(i) of

this title, as if the suspension agreement had been violated on

that date, except that no duty under any order subsequently issued

shall be assessed on merchandise entered, or withdrawn from

warehouse, for consumption before that date.

(g) Reviews to implement results of subsidies enforcement

proceeding

(1) Violations of article 8 of the subsidies agreement

If -

(A) the administering authority receives notice from the

Trade Representative of a violation of Article 8 of the

Subsidies Agreement,

(B) the administering authority has reason to believe that

merchandise subject to an existing countervailing duty order or

suspended investigation is benefiting from the subsidy or

subsidy program found to have been in violation of Article 8 of

the Subsidies Agreement, and

(C) no review pursuant to subsection (a)(1) of this section

is in progress,

the administering authority shall conduct a review of the order

or suspended investigation to determine whether the subject

merchandise benefits from the subsidy or subsidy program found to

have been in violation of Article 8 of the Subsidies Agreement.

If the administering authority determines that the subject

merchandise is benefiting from the subsidy or subsidy program, it

shall make appropriate adjustments in the estimated duty to be

deposited or appropriate revisions to the terms of the suspension

agreement.

(2) Withdrawal of subsidy or imposition of countermeasures

If the Trade Representative notifies the administering

authority that, pursuant to Article 4 or Article 7 of the

Subsidies Agreement -

(A)(i) the United States has imposed countermeasures, and

(ii) such countermeasures are based on the effects in the

United States of imports of merchandise that is the subject of

a countervailing duty order, or

(B) a WTO member country has withdrawn a countervailable

subsidy provided with respect to merchandise subject to a

countervailing duty order,

the administering authority shall conduct a review to determine

if the amount of the estimated duty to be deposited should be

adjusted or the order should be revoked.

(3) Expedited review

The administering authority shall conduct reviews under this

subsection on an expedited basis, and shall publish the results

of such reviews in the Federal Register.

(h) Correction of ministerial errors

The administering authority shall establish procedures for the

correction of ministerial errors in final determinations within a

reasonable time after the determinations are issued under this

section. Such procedures shall ensure opportunity for interested

parties to present their views regarding any such errors. As used

in this subsection, the term ''ministerial error'' includes errors

in addition, subtraction, or other arithmetic function, clerical

errors resulting from inaccurate copying, duplication, or the like,

and any other type of unintentional error which the administering

authority considers ministerial.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 751, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 175; amended Pub.

L. 98-573, title VI, Sec. 611(a)(2), (3), Oct. 30, 1984, 98 Stat.

3031; Pub. L. 99-514, title XVIII, Sec. 1886(a)(8), Oct. 22, 1986,

100 Stat. 2922; Pub. L. 100-418, title I, Sec. 1333(b), Aug. 23,

1988, 102 Stat. 1209; Pub. L. 103-465, title II, Sec. 220(a),

283(c), Dec. 8, 1994, 108 Stat. 4857, 4930; Pub. L. 106-36, title

II, Sec. 2410, June 25, 1999, 113 Stat. 171.)

-REFTEXT-

REFERENCES IN TEXT

Section 1303 of this title, referred to in subsecs. (a)(1),

(b)(1)(A), and (c)(1)(A), (6)(C)(i), is defined in section 1677(26)

of this title to mean section 1330 as in effect on the day before

Jan. 1, 1995.

The Antidumping Act, 1921, referred to in subsecs. (a)(1),

(b)(1)(A), and (c)(6)(C)(ii), is act May 27, 1921, ch. 14, title

II, 42 Stat. 11, as amended, which was classified generally to

sections 160 to 171 of this title, and was repealed by Pub. L.

96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193.

The International Emergency Economic Powers Act, referred to in

subsec. (c)(7)(A), is title II of Pub. L. 95-223, Dec. 28, 1977, 91

Stat. 1626, as amended, which is classified generally to chapter 35

(Sec. 1701 et seq.) of Title 50, War and National Defense. For

complete classification of this Act to the Code, see Short Title

note set out under section 1701 of Title 50 and Tables.

-MISC2-

AMENDMENTS

1999 - Subsec. (c)(7). Pub. L. 106-36 added par. (7).

1994 - Pub. L. 103-465, Sec. 283(c), added subsec. (g) and

redesignated former subsec. (g) as (h).

Pub. L. 103-465, Sec. 220(a), amended section generally,

substituting present provisions for provisions relating to

administrative review of determinations, which provided for

periodic review of amount of duty in subsec. (a), review upon

information or request in subsec. (b), revocation of countervailing

duty order or antidumping duty order in subsec. (c), hearings in

subsec. (d), determination that basis for suspension no longer

existed in subsec. (e), and correction of ministerial errors in

subsec. (f).

1988 - Subsec. (f). Pub. L. 100-418 added subsec. (f).

1986 - Subsec. (b)(1). Pub. L. 99-514 inserted ''or

countervailing duty'' after ''antidumping'' in two places in last

sentence.

1984 - Subsec. (a)(1). Pub. L. 98-573, Sec. 611(a)(2)(A),

inserted ''if a request for such a review has been received and''

in provisions preceding subpar. (A).

Subsec. (b)(1). Pub. L. 98-573, Sec. 611(a)(2)(B), substituted

''1671c of this title (other than a quantitative restriction

agreement described in subsection (a)(2) or (c)(3)) or 1673c of

this title (other than a quantitative restriction agreement

described in subsection (a)(2))'' for ''1671c or 1673c of this

title'', inserted reference to section 1676a(a)(1) or 1676a(a)(2)

of this title, and inserted provision that during an investigation

by the Commission, the party seeking revocation of an antidumping

order shall have the burden of persuasion with respect to whether

there are changed circumstances sufficient to warrant revocation of

the antidumping order.

Subsec. (c). Pub. L. 98-573, Sec. 611(a)(3), inserted provision

that the administering authority shall not revoke, in whole or in

part, a countervailing duty order or terminate a suspended

investigation on the basis of any export taxes, duties, or other

charges levied on the export of merchandise to the United States

specifically intended to offset the subsidy received.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to

investigations initiated by petition or by the administering

authority under parts I and II of this subtitle, and to reviews

begun under section 1675 of this title, on or after Oct. 30, 1984,

see section 626(b)(1) of Pub. L. 98-573, as amended, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Part effective Jan. 1, 1980, see section 107 of Pub. L. 96-39,

set out as a note under section 1671 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) of this title, entered into force

with respect to the United States on Jan. 1, 1995. See note set out

under section 3511 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1504, 1516a, 1671, 1671a,

1671b, 1671c, 1671d, 1671e, 1673a, 1673c, 1673e, 1675a, 1675b,

1675c, 1677, 1677b, 1677e, 1677f, 1677f-1, 1677m, 1677n of this

title.

-CITE-

19 USC Sec. 1675a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart a - review of amount of duty and agreements other than

quantitative restriction agreements

-HEAD-

Sec. 1675a. Special rules for section 1675(b) and 1675(c) reviews

-STATUTE-

(a) Determination of likelihood of continuation or recurrence of

material injury

(1) In general

In a review conducted under section 1675(b) or (c) of this

title, the Commission shall determine whether revocation of an

order, or termination of a suspended investigation, would be

likely to lead to continuation or recurrence of material injury

within a reasonably foreseeable time. The Commission shall

consider the likely volume, price effect, and impact of imports

of the subject merchandise on the industry if the order is

revoked or the suspended investigation is terminated. The

Commission shall take into account -

(A) its prior injury determinations, including the volume,

price effect, and impact of imports of the subject merchandise

on the industry before the order was issued or the suspension

agreement was accepted,

(B) whether any improvement in the state of the industry is

related to the order or the suspension agreement,

(C) whether the industry is vulnerable to material injury if

the order is revoked or the suspension agreement is terminated,

and

(D) in an antidumping proceeding under section 1675(c) of

this title, the findings of the administering authority

regarding duty absorption under section 1675(a)(4) of this

title.

(2) Volume

In evaluating the likely volume of imports of the subject

merchandise if the order is revoked or the suspended

investigation is terminated, the Commission shall consider

whether the likely volume of imports of the subject merchandise

would be significant if the order is revoked or the suspended

investigation is terminated, either in absolute terms or relative

to production or consumption in the United States. In so doing,

the Commission shall consider all relevant economic factors,

including -

(A) any likely increase in production capacity or existing

unused production capacity in the exporting country,

(B) existing inventories of the subject merchandise, or

likely increases in inventories,

(C) the existence of barriers to the importation of such

merchandise into countries other than the United States, and

(D) the potential for product-shifting if production

facilities in the foreign country, which can be used to produce

the subject merchandise, are currently being used to produce

other products.

(3) Price

In evaluating the likely price effects of imports of the

subject merchandise if the order is revoked or the suspended

investigation is terminated, the Commission shall consider

whether -

(A) there is likely to be significant price underselling by

imports of the subject merchandise as compared to domestic like

products, and

(B) imports of the subject merchandise are likely to enter

the United States at prices that otherwise would have a

significant depressing or suppressing effect on the price of

domestic like products.

(4) Impact on the industry

In evaluating the likely impact of imports of the subject

merchandise on the industry if the order is revoked or the

suspended investigation is terminated, the Commission shall

consider all relevant economic factors which are likely to have a

bearing on the state of the industry in the United States,

including, but not limited to -

(A) likely declines in output, sales, market share, profits,

productivity, return on investments, and utilization of

capacity,

(B) likely negative effects on cash flow, inventories,

employment, wages, growth, ability to raise capital, and

investment, and

(C) likely negative effects on the existing development and

production efforts of the industry, including efforts to

develop a derivative or more advanced version of the domestic

like product.

The Commission shall evaluate all relevant economic factors

described in this paragraph within the context of the business

cycle and the conditions of competition that are distinctive to

the affected industry.

(5) Basis for determination

The presence or absence of any factor which the Commission is

required to consider under this subsection shall not necessarily

give decisive guidance with respect to the Commission's

determination of whether material injury is likely to continue or

recur within a reasonably foreseeable time if the order is

revoked or the suspended investigation is terminated. In making

that determination, the Commission shall consider that the

effects of revocation or termination may not be imminent, but may

manifest themselves only over a longer period of time.

(6) Magnitude of margin of dumping and net countervailable

subsidy; nature of countervailable subsidy

In making a determination under section 1675(b) or (c) of this

title, the Commission may consider the magnitude of the margin of

dumping or the magnitude of the net countervailable subsidy. If

a countervailable subsidy is involved the Commission shall

consider information regarding the nature of the countervailable

subsidy and whether the subsidy is a subsidy described in Article

3 or 6.1 of the Subsidies Agreement.

(7) Cumulation

For purposes of this subsection, the Commission may

cumulatively assess the volume and effect of imports of the

subject merchandise from all countries with respect to which

reviews under section 1675(b) or (c) of this title were initiated

on the same day, if such imports would be likely to compete with

each other and with domestic like products in the United States

market. The Commission shall not cumulatively assess the volume

and effects of imports of the subject merchandise in a case in

which it determines that such imports are likely to have no

discernible adverse impact on the domestic industry.

(8) Special rule for regional industries

In a review under section 1675(b) or (c) of this title

involving a regional industry, the Commission may base its

determination on the regional industry defined in the original

investigation under this subtitle, another region that satisfies

the criteria established in section 1677(4)(C) of this title, or

the United States as a whole. In determining if a regional

industry analysis is appropriate for the determination in the

review, the Commission shall consider whether the criteria

established in section 1677(4)(C) of this title are likely to be

satisfied if the order is revoked or the suspended investigation

is terminated.

(b) Determination of likelihood of continuation or recurrence of a

countervailable subsidy

(1) In general

In a review conducted under section 1675(c) of this title, the

administering authority shall determine whether revocation of a

countervailing duty order or termination of a suspended

investigation under section 1671c of this title would be likely

to lead to continuation or recurrence of a countervailable

subsidy. The administering authority shall consider -

(A) the net countervailable subsidy determined in the

investigation and subsequent reviews, and

(B) whether any change in the program which gave rise to the

net countervailable subsidy described in subparagraph (A) has

occurred that is likely to affect that net countervailable

subsidy.

(2) Consideration of other factors

If good cause is shown, the administering authority shall also

consider -

(A) programs determined to provide countervailable subsidies

in other investigations or reviews under this subtitle, but

only to the extent that such programs -

(i) can potentially be used by the exporters or producers

subject to the review under section 1675(c) of this title,

and

(ii) did not exist at the time that the countervailing duty

order was issued or the suspension agreement was accepted,

and

(B) programs newly alleged to provide countervailable

subsidies but only to the extent that the administering

authority makes an affirmative countervailing duty

determination with respect to such programs and with respect to

the exporters or producers subject to the review.

(3) Net countervailable subsidy

The administering authority shall provide to the Commission the

net countervailable subsidy that is likely to prevail if the

order is revoked or the suspended investigation is terminated.

The administering authority shall normally choose a net

countervailable subsidy that was determined under section 1671d

of this title or subsection (a) or (b)(1) of section 1675 of this

title.

(4) Special rule

(A) Treatment of zero and de minimis rates

A net countervailable subsidy described in paragraph (1)(A)

that is zero or de minimis shall not by itself require the

administering authority to determine that revocation of a

countervailing duty order or termination of a suspended

investigation would not be likely to lead to continuation or

recurrence of a countervailable subsidy.

(B) Application of de minimis standards

For purposes of this paragraph, the administering authority

shall apply the de minimis standards applicable to reviews

conducted under subsections (a) and (b)(1) of section 1675 of

this title.

(c) Determination of likelihood of continuation or recurrence of

dumping

(1) In general

In a review conducted under section 1675(c) of this title, the

administering authority shall determine whether revocation of an

antidumping duty order or termination of a suspended

investigation under section 1673c of this title would be likely

to lead to continuation or recurrence of sales of the subject

merchandise at less than fair value. The administering authority

shall consider -

(A) the weighted average dumping margins determined in the

investigation and subsequent reviews, and

(B) the volume of imports of the subject merchandise for the

period before and the period after the issuance of the

antidumping duty order or acceptance of the suspension

agreement.

(2) Consideration of other factors

If good cause is shown, the administering authority shall also

consider such other price, cost, market, or economic factors as

it deems relevant.

(3) Magnitude of the margin of dumping

The administering authority shall provide to the Commission the

magnitude of the margin of dumping that is likely to prevail if

the order is revoked or the suspended investigation is

terminated. The administering authority shall normally choose a

margin that was determined under section 1673d of this title or

under subsection (a) or (b)(1) of section 1675 of this title.

(4) Special rule

(A) Treatment of zero or de minimis margins

A dumping margin described in paragraph (1)(A) that is zero

or de minimis shall not by itself require the administering

authority to determine that revocation of an antidumping duty

order or termination of a suspended investigation would not be

likely to lead to continuation or recurrence of sales at less

than fair value.

(B) Application of de minimis standards

For purposes of this paragraph, the administering authority

shall apply the de minimis standards applicable to reviews

conducted under subsections (a) and (b) of section 1675 of this

title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 752, as added Pub. L.

103-465, title II, Sec. 221(a), Dec. 8, 1994, 108 Stat. 4865.)

-MISC1-

EFFECTIVE DATE

Section effective, except as otherwise provided, on the date on

which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews, and inquiries initiated and petitions

filed under specified provisions of this chapter after such date,

see section 291 of Pub. L. 103-465, set out as an Effective Date of

1994 Amendment note under section 1671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1675, 1677 of this title.

-CITE-

19 USC Sec. 1675b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart a - review of amount of duty and agreements other than

quantitative restriction agreements

-HEAD-

Sec. 1675b. Special rules for injury investigations for certain

section 1303 or section 1671(c) countervailing duty orders and

investigations

-STATUTE-

(a) In general

(1) Investigation by the commission upon request

In the case of a countervailing duty order described in

paragraph (2), which -

(A) applies to merchandise that is the product of a Subsidies

Agreement country, and

(B)(i) is in effect on the date on which such country becomes

a Subsidies Agreement country, or

(ii) is issued on a date that is after the date described in

clause (i) pursuant to a court order in an action brought under

section 1516a of this title,

the Commission, upon receipt of a request from an interested

party described in section 1677(9)(C), (D), (E), (F), or (G) of

this title for an injury investigation with respect to such

order, shall initiate an investigation and shall determine

whether an industry in the United States is likely to be

materially injured by reason of imports of the subject

merchandise if the order is revoked.

(2) Description of countervailing duty orders

A countervailing duty order described in this paragraph is an

order issued under section 1303 (FOOTNOTE 1) of this title or

section 1671(c) of this title with respect to which the

requirement of an affirmative determination of material injury

was not applicable at the time such order was issued.

(FOOTNOTE 1) See References in Text note below.

(3) Requirements of request for investigation

A request for an investigation under this subsection shall be

submitted -

(A) in the case of an order described in paragraph (1)(B)(i),

within 6 months after the date on which the country described

in paragraph (1)(A) becomes a Subsidies Agreement country, or

(B) in the case of an order described in paragraph

(1)(B)(ii), within 6 months after the date the order is issued.

(4) Suspension of liquidation

With respect to entries of subject merchandise made on or after

-

(A) in the case of an order described in paragraph (1)(B)(i),

the date on which the country described in paragraph (1)(A)

becomes a Subsidies Agreement country, or

(B) in the case of an order described in paragraph

(1)(B)(ii), the date on which the order is issued,

liquidation shall be suspended at the cash deposit rate in effect

on the date described in subparagraph (A) or (B) (whichever is

applicable).

(b) Investigation procedure and schedule

(1) Commission procedure

(A) In general

Except as otherwise provided in this section, the provisions

of this subtitle regarding evidence in and procedures for

investigations conducted under part I of this subtitle shall

apply to investigations conducted by the Commission under this

section.

(B) Time for Commission determination

Except as otherwise provided in subparagraph (C), the

Commission shall issue its determination under subsection

(a)(1) of this section, to the extent possible, not later than

1 year after the date on which the investigation is initiated

under this section.

(C) Special rule to permit administrative flexibility

In the case of requests for investigations received under

this section within 1 year after the date on which the WTO

Agreement enters into force with respect to the United States,

the Commission may, after consulting with the administering

authority, initiate its investigations in a manner that results

in determinations being made in all such investigations during

the 4-year period beginning on such date.

(2) Net countervailable subsidy; nature of subsidy

(A) Net countervailable subsidy

The administering authority shall provide to the Commission

the net countervailable subsidy that is likely to prevail if

the order which is the subject of the investigation is

revoked. The administering authority normally shall choose a

net countervailable subsidy that was determined under section

1671d of this title or subsection (a) or (b)(1) of section 1675

of this title. If the Commission considers the magnitude of

the net countervailable subsidy in making its determination

under this section, the Commission shall use the net

countervailable subsidy provided by the administering

authority.

(B) Nature of subsidy

The administering authority shall inform the Commission of,

and the Commission, in making its determination under this

section, shall consider, the nature of the countervailable

subsidy and whether the countervailable subsidy is a subsidy

described in Article 3 or Article 6.1 of the Subsidies

Agreement.

(3) Effect of Commission determination

(A) Affirmative determination

Upon being notified by the Commission that it has made an

affirmative determination under subsection (a)(1) of this

section -

(i) the administering authority shall order the termination

of the suspension of liquidation required pursuant to

subsection (a)(4) of this section, and

(ii) the countervailing duty order shall remain in effect

until revoked, in whole or in part, under section 1675(d) of

this title.

For purposes of section 1675(c) of this title, a countervailing

duty order described in this section shall be treated as issued

on the date of publication of the Commission's determination

under this subsection.

(B) Negative determination

(i) In general

Upon being notified by the Commission that it has made a

negative determination under subsection (a)(1) of this

section, the administering authority shall revoke the

countervailing duty order, and shall refund, with interest,

any estimated countervailing duties collected during the

period liquidation was suspended pursuant to subsection

(a)(4) of this section.

(ii) Limitation on negative determination

A determination by the Commission that revocation of the

order is not likely to result in material injury to an

industry by reason of imports of the subject merchandise

shall not be based, in whole or in part, on any export taxes,

duties, or other charges levied on the export of the subject

merchandise to the United States that were specifically

intended to offset the countervailable subsidy received.

(4) Countervailing duty orders with respect to which no request

for injury investigation is made

If, with respect to a countervailing duty order described in

subsection (a) of this section, a request for an investigation is

not made within the time required by subsection (a)(3) of this

section, the Commission shall notify the administering authority

that a negative determination has been made under subsection (a)

of this section and the provisions of paragraph (3)(B) shall

apply with respect to the order.

(c) Pending and suspended countervailing duty investigations

If, on the date on which a country becomes a Subsidies Agreement

country, there is a countervailing duty investigation in progress

or suspended under section 1303 (FOOTNOTE 2) of this title or

section 1671(c) of this title that applies to merchandise which is

a product of that country and with respect to which the requirement

of an affirmative determination of material injury was not

applicable at the time the investigation was initiated, the

Commission shall -

(FOOTNOTE 2) See References in Text note below.

(1) in the case of an investigation in progress, make a final

determination under section 1671d(b) of this title within 75 days

after the date of an affirmative final determination, if any, by

the administering authority,

(2) in the case of a suspended investigation to which section

1671c(i)(1)(B) of this title applies, make a final determination

under section 1671d(b) of this title within 120 days after

receiving notice from the administering authority of the

resumption of the investigation pursuant to section 1671c(i) of

this title, or within 45 days after the date of an affirmative

final determination, if any, by the administering authority,

whichever is later, or

(3) in the case of a suspended investigation to which section

1671c(i)(1)(C) of this title applies, treat the countervailing

duty order issued pursuant to such section as if it were -

(A) an order issued under subsection (a)(1)(B)(ii) of this

section for purposes of subsection (a)(3) of this section; and

(B) an order issued under subsection (a)(1)(B)(i) of this

section for purposes of subsection (a)(4) of this section.

(d) Publication in Federal Register

The administering authority or the Commission, as the case may

be, shall publish in the Federal Register a notice of the

initiation of any investigation, and a notice of any determination

or revocation, made pursuant to this section.

(e) Request for simultaneous expedited review under section 1675(c)

(1) General rule

(A) Requests for reviews

Notwithstanding section 1675(c)(6)(A) of this title and

except as provided in subparagraph (B), an interested party may

request a review of an order under section 1675(c) of this

title at the same time the party requests an investigation

under subsection (a) of this section, if the order involves the

same or comparable subject merchandise. Upon receipt of such

request, the administering authority, after consulting with the

Commission, shall initiate a review of the order under section

1675(c) of this title. The Commission shall combine such

review with the investigation under this section.

(B) Exception

If the administering authority determines that the interested

party who requested an investigation under this section is a

related party or an importer within the meaning of section

1677(4)(B) of this title, the administering authority may

decline a request by such party to initiate a review of an

order under section 1675(c) of this title which involves the

same or comparable subject merchandise.

(2) Cumulation

If a review under section 1675(c) of this title is initiated

under paragraph (1), such review shall be treated as having been

initiated on the same day as the investigation under this

section, and the Commission may, in accordance with section

1677(7)(G) of this title, cumulatively assess the volume and

effect of imports of the subject merchandise from all countries

with respect to which such investigations are treated as

initiated on the same day.

(3) Time and procedure for Commission determination

The Commission shall render its determination in the

investigation conducted under this section at the same time as

the Commission's determination is made in the review under

section 1675(c) of this title that is initiated pursuant to this

subsection. The Commission shall in all other respects apply the

procedures and standards set forth in section 1675(c) of this

title to such section 1675(c) of this title reviews.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 753, as added Pub. L.

103-465, title II, Sec. 271(a), Dec. 8, 1994, 108 Stat. 4918;

amended Pub. L. 104-295, Sec. 39, Oct. 11, 1996, 110 Stat. 3540.)

-REFTEXT-

REFERENCES IN TEXT

Section 1303 of this title, referred to in subsecs. (a)(2) and

(c), is defined in section 1677(26) of this title to mean section

1330 as in effect on the day before Jan. 1, 1995.

-MISC2-

AMENDMENTS

1996 - Pub. L. 104-295, Sec. 39(1), inserted ''or section

1671(c)'' after ''section 1303'' in section catchline.

Subsecs. (a)(2), (c). Pub. L. 104-295 inserted ''or section

1671(c) of this title'' after ''section 1303 of this title'' and

struck out ''under section 1303(a)(2) of this title'' after

''material injury''.

EFFECTIVE DATE

Section effective, except as otherwise provided, on the date on

which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews and inquiries initiated and petitions filed

under specified provisions of this chapter after such date, see

section 291 of Pub. L. 103-465, set out as an Effective Date of

1994 Amendment note under section 1671 of this title.

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) of this title, entered into force

with respect to the United States on Jan. 1, 1995. See note set out

under section 3511 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1675, 1677e,

1677f, 1677m of this title.

-CITE-

19 USC Sec. 1675c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart a - review of amount of duty and agreements other than

quantitative restriction agreements

-HEAD-

Sec. 1675c. Continued dumping and subsidy offset

-STATUTE-

(a) In general

Duties assessed pursuant to a countervailing duty order, an

antidumping duty order, or a finding under the Antidumping Act of

1921 shall be distributed on an annual basis under this section to

the affected domestic producers for qualifying expenditures. Such

distribution shall be known as the ''continued dumping and subsidy

offset''.

(b) Definitions

As used in this section:

(1) Affected domestic producer

The term ''affected domestic producer'' means any manufacturer,

producer, farmer, rancher, or worker representative (including

associations of such persons) that -

(A) was a petitioner or interested party in support of the

petition with respect to which an antidumping duty order, a

finding under the Antidumping Act of 1921, or a countervailing

duty order has been entered, and

(B) remains in operation.

Companies, businesses, or persons that have ceased the production

of the product covered by the order or finding or who have been

acquired by a company or business that is related to a company

that opposed the investigation shall not be an affected domestic

producer.

(2) Commissioner

The term ''Commissioner'' means the Commissioner of Customs.

(3) Commission

The term ''Commission'' means the United States International

Trade Commission.

(4) Qualifying expenditure

The term ''qualifying expenditure'' means an expenditure

incurred after the issuance of the antidumping duty finding or

order or countervailing duty order in any of the following

categories:

(A) Manufacturing facilities.

(B) Equipment.

(C) Research and development.

(D) Personnel training.

(E) Acquisition of technology.

(F) Health care benefits to employees paid for by the

employer.

(G) Pension benefits to employees paid for by the employer.

(H) Environmental equipment, training, or technology.

(I) Acquisition of raw materials and other inputs.

(J) Working capital or other funds needed to maintain

production.

(5) Related to

A company, business, or person shall be considered to be

''related to'' another company, business, or person if -

(A) the company, business, or person directly or indirectly

controls or is controlled by the other company, business, or

person,

(B) a third party directly or indirectly controls both

companies, businesses, or persons,

(C) both companies, businesses, or persons directly or

indirectly control a third party and there is reason to believe

that the relationship causes the first company, business, or

persons to act differently than a nonrelated party.

For purposes of this paragraph, a party shall be considered to

directly or indirectly control another party if the party is

legally or operationally in a position to exercise restraint or

direction over the other party.

(c) Distribution procedures

The Commissioner shall prescribe procedures for distribution of

the continued dumping or subsidies offset required by this

section. Such distribution shall be made not later than 60 days

after the first day of a fiscal year from duties assessed during

the preceding fiscal year.

(d) Parties eligible for distribution of antidumping and

countervailing duties assessed

(1) List of affected domestic producers

The Commission shall forward to the Commissioner within 60 days

after the effective date of this section in the case of orders or

findings in effect on January 1, 1999, or thereafter, or in any

other case, within 60 days after the date an antidumping or

countervailing duty order or finding is issued, a list of

petitioners and persons with respect to each order and finding

and a list of persons that indicate support of the petition by

letter or through questionnaire response. In those cases in

which a determination of injury was not required or the

Commission's records do not permit an identification of those in

support of a petition, the Commission shall consult with the

administering authority to determine the identity of the

petitioner and those domestic parties who have entered

appearances during administrative reviews conducted by the

administering authority under section 1675 of this title.

(2) Publication of list; certification

The Commissioner shall publish in the Federal Register at least

30 days before the distribution of a continued dumping and

subsidy offset, a notice of intention to distribute the offset

and the list of affected domestic producers potentially eligible

for the distribution based on the list obtained from the

Commission under paragraph (1). The Commissioner shall request a

certification from each potentially eligible affected domestic

producer -

(A) that the producer desires to receive a distribution;

(B) that the producer is eligible to receive the distribution

as an affected domestic producer; and

(C) the qualifying expenditures incurred by the producer

since the issuance of the order or finding for which

distribution under this section has not previously been made.

(3) Distribution of funds

The Commissioner shall distribute all funds (including all

interest earned on the funds) from assessed duties received in

the preceding fiscal year to affected domestic producers based on

the certifications described in paragraph (2). The distributions

shall be made on a pro rata basis based on new and remaining

qualifying expenditures.

(e) Special accounts

(1) Establishments

Within 14 days after the effective date of this section, with

respect to antidumping duty orders and findings and

countervailing duty orders notified under subsection (d)(1) of

this section, and within 14 days after the date an antidumping

duty order or finding or countervailing duty order issued after

the effective date takes effect, the Commissioner shall establish

in the Treasury of the United States a special account with

respect to each such order or finding.

(2) Deposits into accounts

The Commissioner shall deposit into the special accounts, all

antidumping or countervailing duties (including interest earned

on such duties) that are assessed after the effective date of

this section under the antidumping order or finding or the

countervailing duty order with respect to which the account was

established.

(3) Time and manner of distributions

Consistent with the requirements of subsections (c) and (d) of

this section, the Commissioner shall by regulation prescribe the

time and manner in which distribution of the funds in a special

account shall be made.

(4) Termination

A special account shall terminate after -

(A) the order or finding with respect to which the account

was established has terminated;

(B) all entries relating to the order or finding are

liquidated and duties assessed collected;

(C) the Commissioner has provided notice and a final

opportunity to obtain distribution pursuant to subsection (c)

of this section; and

(D) 90 days has elapsed from the date of the notice described

in subparagraph (C).

Amounts not claimed within 90 days of the date of the notice

described in subparagraph (C), shall be deposited into the

general fund of the Treasury.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 754, as added Pub. L.

106-387, Sec. 1(a) (title X, Sec. 1003(a)), Oct. 28, 2000, 114

Stat. 1549, 1549A-73.)

-REFTEXT-

REFERENCES IN TEXT

The Antidumping Act of 1921, referred to in subsecs. (a) and

(b)(1)(A), probably means the Antidumping Act, 1921, act May 27,

1921, ch. 14, title II, 42 Stat. 11, as amended, which was

classified generally to sections 160 to 171 of this title, and was

repealed by Pub. L. 96-39, title I, Sec. 106(a), July 26, 1979, 93

Stat. 193.

For effective date of this section, referred to in subsecs.

(d)(1), (e)(1), and (2), see Effective Date note set out below.

-MISC2-

EFFECTIVE DATE

Pub. L. 106-387, Sec. 1(a) (title X, Sec. 1003(c)), Oct. 28,

2000, 114 Stat. 1549, 1549A-75, provided that: ''The amendments

made by this section (enacting this section) shall apply with

respect to all antidumping and countervailing duty assessments made

on or after October 1, 2000.''

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

FINDINGS OF CONGRESS

Pub. L. 106-387, Sec. 1(a) (title X, Sec. 1002), Oct. 28, 2000,

114 Stat. 1549, 1549A-72, provided that: ''Congress makes the

following findings:

''(1) Consistent with the rights of the United States under the

World Trade Organization, injurious dumping is to be condemned

and actionable subsidies which cause injury to domestic

industries must be effectively neutralized.

''(2) United States unfair trade laws have as their purpose the

restoration of conditions of fair trade so that jobs and

investment that should be in the United States are not lost

through the false market signals.

''(3) The continued dumping or subsidization of imported

products after the issuance of antidumping orders or findings or

countervailing duty orders can frustrate the remedial purpose of

the laws by preventing market prices from returning to fair

levels.

''(4) Where dumping or subsidization continues, domestic

producers will be reluctant to reinvest or rehire and may be

unable to maintain pension and health care benefits that

conditions of fair trade would permit. Similarly, small

businesses and American farmers and ranchers may be unable to pay

down accumulated debt, to obtain working capital, or to otherwise

remain viable.

''(5) United States trade laws should be strengthened to see

that the remedial purpose of those laws is achieved.''

-CITE-

19 USC subpart b - consultations and determinations

regarding quantitative restriction

agreements 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart b - consultations and determinations regarding quantitative

restriction agreements

.

-HEAD-

subpart b - consultations and determinations regarding quantitative

restriction agreements

-CITE-

19 USC Sec. 1676 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart b - consultations and determinations regarding quantitative

restriction agreements

-HEAD-

Sec. 1676. Required consultations

-STATUTE-

(a) Agreements in response to countervailable subsidies

Within 90 days after the administering authority accepts a

quantitative restriction agreement under section 1671c(a)(2) or

(c)(3) of this title, the President shall enter into consultations

with the government that is party to the agreement for purposes of

-

(1) eliminating the countervailable subsidy completely, or

(2) reducing the net countervailable subsidy to a level that

eliminates completely the injurious effect of exports to the

United States of the merchandise.

(b) Modification of agreements on basis of consultations

At the direction of the President, the administering authority

shall modify a quantitative restriction agreement as a result of

consultations entered into under subsection (a) of this section.

(c) Special rule regarding agreements under section 1671c(c)(3) of

this title

This chapter shall cease to apply to a quantitative restriction

agreement described in section 1671c(c)(3) of this title at such

time as that agreement ceases to have force and effect under

section 1671c(f) of this title or violation is found under section

1671c(i) of this title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 761, as added Pub. L.

98-573, title VI, Sec. 611(a)(4), Oct. 30, 1984, 98 Stat. 3031;

amended Pub. L. 103-465, title II, Sec. 270(a)(1)(I), (b)(1)(C),

(2), Dec. 8, 1994, 108 Stat. 4917.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a). Pub. L. 103-465, Sec. 270(b)(1)(C), (2),

inserted ''countervailable'' before ''subsidies'' in heading.

Subsec. (a)(1), (2). Pub. L. 103-465, Sec. 270(a)(1)(I), inserted

''countervailable'' before ''subsidy''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Section applicable with respect to investigations initiated by

petition or by the administering authority under parts I and II of

this subtitle, and to reviews begun under section 1675 of this

title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L.

98-573, as amended, set out as an Effective Date of 1984 Amendment

note under section 1671 of this title.

-CITE-

19 USC Sec. 1676a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part III - Reviews; Other Actions Regarding Agreements

subpart b - consultations and determinations regarding quantitative

restriction agreements

-HEAD-

Sec. 1676a. Required determinations

-STATUTE-

(a) In general

Before the expiration date, if any, of a quantitative restriction

agreement accepted under section 1671c(a)(2) or 1671c(c)(3) of this

title (if suspension of the related investigation is still in

effect) -

(1) the administering authority shall, at the direction of the

President, initiate a proceeding to determine whether any

countervailable subsidy is being provided with respect to the

subject merchandise and, if being so provided, the net

countervailable subsidy; and

(2) if the administering authority initiates a proceeding under

paragraph (1), the Commission shall determine whether imports of

the merchandise of the kind subject to the agreement will, upon

termination of the agreement, materially injure, or threaten with

material injury, an industry in the United States or materially

retard the establishment of such an industry.

(b) Determinations

The determinations required to be made by the administering

authority and the Commission under subsection (a) of this section

shall be made under such procedures as the administering authority

and the Commission, respectively, shall by regulation prescribe,

and shall be treated as final determinations made under section

1671d of this title for purposes of judicial review under section

1516a of this title. If the determinations by each are

affirmative, the administering authority shall -

(1) issue a countervailing duty order under section 1671e of

this title effective with respect to merchandise entered on and

after the date on which the agreement terminates; and

(2) order the suspension of liquidation of all entries of

subject merchandise which are entered, or withdrawn from

warehouse for consumption, on or after the date of publication of

the order in the Federal Register.

(c) Hearings

The determination proceedings required to be prescribed under

subsection (b) of this section shall provide that the administering

authority and the Commission must, upon the request of any

interested party, hold a hearing in accordance with section 1677c

of this title on the issues involved.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 762, as added Pub. L.

98-573, title VI, Sec. 611(a)(4), Oct. 30, 1984, 98 Stat. 3032;

amended Pub. L. 103-465, title II, Sec. 233(a)(5)(Z), (AA),

270(a)(1)(J), Dec. 8, 1994, 108 Stat. 4900, 4917.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(5)(Z),

270(a)(1)(J), inserted ''countervailable'' before ''subsidy'' in

two places and substituted ''subject merchandise'' for

''merchandise subject to the agreement''.

Subsec. (b)(2). Pub. L. 103-465, Sec. 233(a)(5)(AA), substituted

''subject merchandise'' for ''merchandise subject to the order''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Section applicable with respect to investigations initiated by

petition or by the administering authority under parts I and II of

this subtitle, or reviews begun under section 1675 of this title,

on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98-573,

as amended, set out as an Effective Date of 1984 Amendment note

under section 1671 of this title.

-CITE-

19 USC Part IV - General Provisions 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

.

-HEAD-

Part IV - General Provisions

-COD-

CODIFICATION

The designation ''Part IV'' was in the original ''Subtitle D''

and was editorially changed in order to conform the numbering

format of this subtitle to the usages employed in the codification

of the remainder of the Tariff Act of 1930 as originally enacted.

-CITE-

19 USC Sec. 1677 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677. Definitions; special rules

-STATUTE-

For purposes of this subtitle -

(1) Administering authority

The term ''administering authority'' means the Secretary of

Commerce, or any other officer of the United States to whom the

responsibility for carrying out the duties of the administering

authority under this subtitle are transferred by law.

(2) Commission

The term ''Commission'' means the United States International

Trade Commission.

(3) Country

The term ''country'' means a foreign country, a political

subdivision, dependent territory, or possession of a foreign

country, and, except for the purpose of antidumping proceedings,

may include an association of 2 or more foreign countries,

political subdivisions, dependent territories, or possessions of

countries into a customs union outside the United States.

(4) Industry

(A) In general

The term ''industry'' means the producers as a whole of a

domestic like product, or those producers whose collective

output of a domestic like product constitutes a major

proportion of the total domestic production of the product.

(B) Related parties

(i) If a producer of a domestic like product and an exporter

or importer of the subject merchandise are related parties, or

if a producer of the domestic like product is also an importer

of the subject merchandise, the producer may, in appropriate

circumstances, be excluded from the industry.

(ii) For purposes of clause (i), a producer and an exporter

or importer shall be considered to be related parties, if -

(I) the producer directly or indirectly controls the

exporter or importer,

(II) the exporter or importer directly or indirectly

controls the producer,

(III) a third party directly or indirectly controls the

producer and the exporter or importer, or

(IV) the producer and the exporter or importer directly or

indirectly control a third party and there is reason to

believe that the relationship causes the producer to act

differently than a nonrelated producer.

For purposes of this subparagraph, a party shall be considered

to directly or indirectly control another party if the party is

legally or operationally in a position to exercise restraint or

direction over the other party.

(C) Regional industries

In appropriate circumstances, the United States, for a

particular product market, may be divided into 2 or more

markets and the producers within each market may be treated as

if they were a separate industry if -

(i) the producers within such market sell all or almost all

of their production of the domestic like product in question

in that market, and

(ii) the demand in that market is not supplied, to any

substantial degree, by producers of the product in question

located elsewhere in the United States.

In such appropriate circumstances, material injury, the threat

of material injury, or material retardation of the

establishment of an industry may be found to exist with respect

to an industry even if the domestic industry as a whole, or

those producers whose collective output of a domestic like

product constitutes a major proportion of the total domestic

production of that product, is not injured, if there is a

concentration of dumped imports or imports of merchandise

benefiting from a countervailable subsidy into such an isolated

market and if the producers of all, or almost all, of the

production within that market are being materially injured or

threatened by material injury, or if the establishment of an

industry is being materially retarded, by reason of the dumped

imports or imports of merchandise benefiting from a

countervailable subsidy. The term ''regional industry'' means

the domestic producers within a region who are treated as a

separate industry under this subparagraph.

(D) Product lines

The effect of dumped imports or imports of merchandise

benefiting from a countervailable subsidy shall be assessed in

relation to the United States production of a domestic like

product if available data permit the separate identification of

production in terms of such criteria as the production process

or the producer's profits. If the domestic production of the

domestic like product has no separate identity in terms of such

criteria, then the effect of the dumped imports or imports of

merchandise benefiting from a countervailable subsidy shall be

assessed by the examination of the production of the narrowest

group or range of products, which includes a domestic like

product, for which the necessary information can be provided.

(E) Industry producing processed agricultural products

(i) In general

Subject to clause (v), in an investigation involving a

processed agricultural product produced from any raw

agricultural product, the producers or growers of the raw

agricultural product may be considered part of the industry

producing the processed product if -

(I) the processed agricultural product is produced from

the raw agricultural product through a single continuous

line of production; and

(II) there is a substantial coincidence of economic

interest between the producers or growers of the raw

agricultural product and the processors of the processed

agricultural product based upon relevant economic factors,

which may, in the discretion of the Commission, include

price, added market value, or other economic

interrelationships (regardless of whether such coincidence

of economic interest is based upon any legal relationship).

(ii) Processing

For purposes of this subparagraph, the processed

agricultural product shall be considered to be processed from

a raw agricultural product through a single continuous line

of production if -

(I) the raw agricultural product is substantially or

completely devoted to the production of the processed

agricultural product; and

(II) the processed agricultural product is produced

substantially or completely from the raw product.

(iii) Relevant economic factors

For purposes of clause (i)(II), in addition to such other

factors it considers relevant to the question of coincidence

of economic interest, the Commission shall -

(I) if price is taken into account, consider the degree

of correlation between the price of the raw agricultural

product and the price of the processed agricultural

product; and

(II) if added market value is taken into account,

consider whether the value of the raw agricultural product

constitutes a significant percentage of the value of the

processed agricultural product.

(iv) Raw agricultural product

For purposes of this subparagraph, the term ''raw

agricultural product'' means any farm or fishery product.

(v) Termination of this subparagraph

This subparagraph shall cease to have effect if the United

States Trade Representative notifies the administering

authority and the Commission that the application of this

subparagraph is inconsistent with the international

obligations of the United States.

(5) Countervailable subsidy

(A) In general

Except as provided in paragraph (5B), a countervailable

subsidy is a subsidy described in this paragraph which is

specific as described in paragraph (5A).

(B) Subsidy described

A subsidy is described in this paragraph in the case in which

an authority -

(i) provides a financial contribution,

(ii) provides any form of income or price support within

the meaning of Article XVI of the GATT 1994, or

(iii) makes a payment to a funding mechanism to provide a

financial contribution, or entrusts or directs a private

entity to make a financial contribution, if providing the

contribution would normally be vested in the government and

the practice does not differ in substance from practices

normally followed by governments,

to a person and a benefit is thereby conferred. For purposes

of this paragraph and paragraphs (5A) and (5B), the term

''authority'' means a government of a country or any public

entity within the territory of the country.

(C) Other factors

The determination of whether a subsidy exists shall be made

without regard to whether the recipient of the subsidy is

publicly or privately owned and without regard to whether the

subsidy is provided directly or indirectly on the manufacture,

production, or export of merchandise. The administering

authority is not required to consider the effect of the subsidy

in determining whether a subsidy exists under this paragraph.

(D) Financial contribution

The term ''financial contribution'' means -

(i) the direct transfer of funds, such as grants, loans,

and equity infusions, or the potential direct transfer of

funds or liabilities, such as loan guarantees,

(ii) foregoing or not collecting revenue that is otherwise

due, such as granting tax credits or deductions from taxable

income,

(iii) providing goods or services, other than general

infrastructure, or

(iv) purchasing goods.

(E) Benefit conferred

A benefit shall normally be treated as conferred where there

is a benefit to the recipient, including -

(i) in the case of an equity infusion, if the investment

decision is inconsistent with the usual investment practice

of private investors, including the practice regarding the

provision of risk capital, in the country in which the equity

infusion is made,

(ii) in the case of a loan, if there is a difference

between the amount the recipient of the loan pays on the loan

and the amount the recipient would pay on a comparable

commercial loan that the recipient could actually obtain on

the market,

(iii) in the case of a loan guarantee, if there is a

difference, after adjusting for any difference in guarantee

fees, between the amount the recipient of the guarantee pays

on the guaranteed loan and the amount the recipient would pay

for a comparable commercial loan if there were no guarantee

by the authority, and

(iv) in the case where goods or services are provided, if

such goods or services are provided for less than adequate

remuneration, and in the case where goods are purchased, if

such goods are purchased for more than adequate remuneration.

For purposes of clause (iv), the adequacy of remuneration shall

be determined in relation to prevailing market conditions for

the good or service being provided or the goods being purchased

in the country which is subject to the investigation or

review. Prevailing market conditions include price, quality,

availability, marketability, transportation, and other

conditions of purchase or sale.

(F) Change in ownership

A change in ownership of all or part of a foreign enterprise

or the productive assets of a foreign enterprise does not by

itself require a determination by the administering authority

that a past countervailable subsidy received by the enterprise

no longer continues to be countervailable, even if the change

in ownership is accomplished through an arm's length

transaction.

(5A) Specificity

(A) In general

A subsidy is specific if it is an export subsidy described in

subparagraph (B) or an import substitution subsidy described in

subparagraph (C), or if it is determined to be specific

pursuant to subparagraph (D).

(B) Export subsidy

An export subsidy is a subsidy that is, in law or in fact,

contingent upon export performance, alone or as 1 of 2 or more

conditions.

(C) Import substitution subsidy

An import substitution subsidy is a subsidy that is

contingent upon the use of domestic goods over imported goods,

alone or as 1 of 2 or more conditions.

(D) Domestic subsidy

In determining whether a subsidy (other than a subsidy

described in subparagraph (B) or (C)) is a specific subsidy, in

law or in fact, to an enterprise or industry within the

jurisdiction of the authority providing the subsidy, the

following guidelines shall apply:

(i) Where the authority providing the subsidy, or the

legislation pursuant to which the authority operates,

expressly limits access to the subsidy to an enterprise or

industry, the subsidy is specific as a matter of law.

(ii) Where the authority providing the subsidy, or the

legislation pursuant to which the authority operates,

establishes objective criteria or conditions governing the

eligibility for, and the amount of, a subsidy, the subsidy is

not specific as a matter of law, if -

(I) eligibility is automatic,

(II) the criteria or conditions for eligibility are

strictly followed, and

(III) the criteria or conditions are clearly set forth in

the relevant statute, regulation, or other official

document so as to be capable of verification.

For purposes of this clause, the term ''objective criteria or

conditions'' means criteria or conditions that are neutral

and that do not favor one enterprise or industry over

another.

(iii) Where there are reasons to believe that a subsidy may

be specific as a matter of fact, the subsidy is specific if

one or more of the following factors exist:

(I) The actual recipients of the subsidy, whether

considered on an enterprise or industry basis, are limited

in number.

(II) An enterprise or industry is a predominant user of

the subsidy.

(III) An enterprise or industry receives a

disproportionately large amount of the subsidy.

(IV) The manner in which the authority providing the

subsidy has exercised discretion in the decision to grant

the subsidy indicates that an enterprise or industry is

favored over others.

In evaluating the factors set forth in subclauses (I), (II),

(III), and (IV), the administering authority shall take into

account the extent of diversification of economic activities

within the jurisdiction of the authority providing the

subsidy, and the length of time during which the subsidy

program has been in operation.

(iv) Where a subsidy is limited to an enterprise or

industry located within a designated geographical region

within the jurisdiction of the authority providing the

subsidy, the subsidy is specific.

For purposes of this paragraph and paragraph (5B), any reference

to an enterprise or industry is a reference to a foreign

enterprise or foreign industry and includes a group of such

enterprises or industries.

(5B) Categories of noncountervailable subsidies

(A) In general

Notwithstanding the provisions of paragraphs (5) and (5A), in

the case of merchandise imported from a Subsidies Agreement

country, a subsidy shall be treated as noncountervailable if

the administering authority determines in an investigation

under part I of this subtitle or a review under part III of

this subtitle that the subsidy meets all of the criteria

described in subparagraph (B), (C), or (D), as the case may be,

or the provisions of subparagraph (E)(i) apply.

(B) Research subsidy

(i) In general

Except for a subsidy provided on the manufacture,

production, or export of civil aircraft, a subsidy for

research activities conducted by a person, or by a higher

education or research establishment on a contract basis with

a person, shall be treated as noncountervailable, if the

subsidy covers not more than 75 percent of the costs of

industrial research or not more than 50 percent of the costs

of precompetitive development activity, and such subsidy is

limited exclusively to -

(I) the costs of researchers, technicians, and other

supporting staff employed exclusively in the research

activity,

(II) the costs of instruments, equipment, land, or

buildings that are used exclusively and permanently (except

when disposed of on a commercial basis) for the research

activity,

(III) the costs of consultancy and equivalent services

used exclusively for the research activity, including costs

for bought-in research, technical knowledge, and patents,

(IV) additional overhead costs incurred directly as a

result of the research activity, and

(V) other operating costs (such as materials and

supplies) incurred directly as a result of the research

activity.

(ii) Definitions

For purposes of this subparagraph -

(I) Industrial research

The term ''industrial research'' means planned search or

critical investigation aimed at the discovery of new

knowledge, with the objective that such knowledge may be

useful in developing new products, processes, or services,

or in bringing about a significant improvement to existing

products, processes, or services.

(II) Precompetitive development activity

The term ''precompetitive development activity'' means

the translation of industrial research findings into a

plan, blueprint, or design for new, modified, or improved

products, processes, or services, whether intended for sale

or use, including the creation of a first prototype that

would not be capable of commercial use. The term also may

include the conceptual formulation and design of products,

processes, or services alternatives and initial

demonstration or pilot projects, if these same projects

cannot be converted or used for industrial application or

commercial exploitation. The term does not include routine

or periodic alterations to existing products, production

lines, manufacturing processes, services, or other ongoing

operations even if those alterations may represent

improvements.

(iii) Calculation rules

(I) In general

In the case of a research activity that spans both

industrial research and precompetitive development

activity, the allowable level of the noncountervailable

subsidy shall not exceed 62.5 percent of the costs set

forth in subclauses (I), (II), (III), (IV), and (V) of

clause (i).

(II) Total eligible costs

The allowable level of a noncountervailable subsidy

described in clause (i) shall be based on the total

eligible costs incurred over the duration of a particular

project.

(C) Subsidy to disadvantaged regions

(i) In general

A subsidy provided, pursuant to a general framework of

regional development, to a person located in a disadvantaged

region within a country shall be treated as

noncountervailable, if it is not specific (within the meaning

of paragraph (5A)) within eligible regions and if the

following conditions are met:

(I) Each region identified as disadvantaged within the

territory of a country is a clearly designated, contiguous

geographical area with a definable economic and

administrative identity.

(II) Each region is considered a disadvantaged region on

the basis of neutral and objective criteria indicating that

the region is disadvantaged because of more than temporary

circumstances, and such criteria are clearly stated in the

relevant statute, regulation, or other official document so

as to be capable of verification.

(III) The criteria described in subclause (II) include a

measurement of economic development.

(IV) Programs provided within a general framework of

regional development include ceilings on the amount of

assistance that can be granted to a subsidized project.

Such ceilings are differentiated according to the different

levels of development of assisted regions, and are

expressed in terms of investment costs or costs of job

creation. Within such ceilings, the distribution of

assistance is sufficiently broad and even to avoid the

predominant use of a subsidy by, or the provision of

disproportionately large amounts of a subsidy to, an

enterprise or industry as described in paragraph (5A)(D).

(ii) Measurement of economic development

For purposes of clause (i), the measurement of economic

development shall be based on one or more of the following

factors:

(I) Per capita income, household per capita income, or

per capita gross domestic product that does not exceed 85

percent of the average for the country subject to

investigation or review.

(II) An unemployment rate that is at least 110 percent of

the average unemployment rate for the country subject to

investigation or review.

The measurement of economic development shall cover a 3-year

period, but may be a composite measurement and may include

factors other than those set forth in this clause.

(iii) Definitions

For purposes of this subparagraph -

(I) General framework of regional development

The term ''general framework of regional development''

means that the regional subsidy programs are part of an

internally consistent and generally applicable regional

development policy, and that regional development subsidies

are not granted in isolated geographical points having no,

or virtually no, influence on the development of a region.

(II) Neutral and objective criteria

The term ''neutral and objective criteria'' means

criteria that do not favor certain regions beyond what is

appropriate for the elimination or reduction of regional

disparities within the framework of the regional

development policy.

(D) Subsidy for adaptation of existing facilities to new

environmental requirements

(i) In general

A subsidy that is provided to promote the adaptation of

existing facilities to new environmental requirements that

are imposed by statute or by regulation, and that result in

greater constraints and financial burdens on the recipient of

the subsidy, shall be treated as noncountervailable, if the

subsidy -

(I) is a one-time nonrecurring measure,

(II) is limited to 20 percent of the cost of adaptation,

(III) does not cover the cost of replacing and operating

the subsidized investment, a cost that must be fully borne

by the recipient,

(IV) is directly linked and proportionate to the

recipient's planned reduction of nuisances and pollution,

and does not cover any manufacturing cost savings that may

be achieved, and

(V) is available to all persons that can adopt the new

equipment or production processes.

(ii) Existing facilities

For purposes of this subparagraph, the term ''existing

facilities'' means facilities that have been in operation for

at least 2 years before the date on which the new

environmental requirements are imposed.

(E) Notified subsidy program

(i) General rule

If a subsidy is provided pursuant to a program that has

been notified in accordance with Article 8.3 of the Subsidies

Agreement, the subsidy shall be treated as noncountervailable

and shall not be subject to investigation or review under

this subtitle.

(ii) Exception

Notwithstanding clause (i), a subsidy shall be treated as

countervailable if -

(I) the Trade Representative notifies the administering

authority that a determination has been made pursuant to

Article 8.4 or 8.5 of the Subsidies Agreement that the

subsidy, or the program pursuant to which the subsidy was

provided, does not satisfy the conditions and criteria of

Article 8.2 of the Subsidies Agreement; and

(II) the subsidy is specific within the meaning of

paragraph (5A).

(F) Certain subsidies on agricultural products

Domestic support measures that are provided with respect to

products listed in Annex 1 to the Agreement on Agriculture, and

that the administering authority determines conform fully to

the provisions of Annex 2 to that Agreement, shall be treated

as noncountervailable. Upon request by the administering

authority, the Trade Representative shall provide advice

regarding the interpretation and application of Annex 2.

(G) Provisional application

(i) Subparagraphs (B), (C), (D), and (E) shall not apply on

or after the first day of the month that is 66 months after the

WTO Agreement enters into force, unless the provisions of such

subparagraphs are extended pursuant to section 3572(c) of this

title.

(ii) Subparagraph (F) shall not apply to imports from a WTO

member country at the end of the 9-year period beginning on

January 1, 1995. The Trade Representative shall determine the

precise termination date for each WTO member country in

accordance with paragraph (i) of Article 1 of the Agreement on

Agriculture and such date shall be notified to the

administering authority.

(6) Net countervailable subsidy

For the purpose of determining the net countervailable subsidy,

the administering authority may subtract from the gross

countervailable subsidy the amount of -

(A) any application fee, deposit, or similar payment paid in

order to qualify for, or to receive, the benefit of the

countervailable subsidy,

(B) any loss in the value of the countervailable subsidy

resulting from its deferred receipt, if the deferral is

mandated by Government order, and

(C) export taxes, duties, or other charges levied on the

export of merchandise to the United States specifically

intended to offset the countervailable subsidy received.

(7) Material injury

(A) In general

The term ''material injury'' means harm which is not

inconsequential, immaterial, or unimportant.

(B) Volume and consequent impact

In making determinations under sections 1671b(a), 1671d(b),

1673b(a), and 1673d(b) of this title, the Commission, in each

case -

(i) shall consider -

(I) the volume of imports of the subject merchandise,

(II) the effect of imports of that merchandise on prices

in the United States for domestic like products, and

(III) the impact of imports of such merchandise on

domestic producers of domestic like products, but only in

the context of production operations within the United

States; and

(ii) may consider such other economic factors as are

relevant to the determination regarding whether there is

material injury by reason of imports.

In the notification required under section 1671d(d) or 1673d(d)

of this title, as the case may be, the Commission shall explain

its analysis of each factor considered under clause (i), and

identify each factor considered under clause (ii) and explain

in full its relevance to the determination.

(C) Evaluation of relevant factors

For purposes of subparagraph (B) -

(i) Volume

In evaluating the volume of imports of merchandise, the

Commission shall consider whether the volume of imports of

the merchandise, or any increase in that volume, either in

absolute terms or relative to production or consumption in

the United States, is significant.

(ii) Price

In evaluating the effect of imports of such merchandise on

prices, the Commission shall consider whether -

(I) there has been significant price underselling by the

imported merchandise as compared with the price of domestic

like products of the United States, and

(II) the effect of imports of such merchandise otherwise

depresses prices to a significant degree or prevents price

increases, which otherwise would have occurred, to a

significant degree.

(iii) Impact on affected domestic industry

In examining the impact required to be considered under

subparagraph (B)(i)(III), the Commission shall evaluate all

relevant economic factors which have a bearing on the state

of the industry in the United States, including, but not

limited to -

(I) actual and potential decline in output, sales, market

share, profits, productivity, return on investments, and

utilization of capacity,

(II) factors affecting domestic prices,

(III) actual and potential negative effects on cash flow,

inventories, employment, wages, growth, ability to raise

capital, and investment,

(IV) actual and potential negative effects on the

existing development and production efforts of the domestic

industry, including efforts to develop a derivative or more

advanced version of the domestic like product, and

(V) in a proceeding under part II of this subtitle, the

magnitude of the margin of dumping.

The Commission shall evaluate all relevant economic factors

described in this clause within the context of the business

cycle and conditions of competition that are distinctive to

the affected industry.

(iv) Captive production

If domestic producers internally transfer significant

production of the domestic like product for the production of

a downstream article and sell significant production of the

domestic like product in the merchant market, and the

Commission finds that -

(I) the domestic like product produced that is internally

transferred for processing into that downstream article

does not enter the merchant market for the domestic like

product,

(II) the domestic like product is the predominant

material input in the production of that downstream

article, and

(III) the production of the domestic like product sold in

the merchant market is not generally used in the production

of that downstream article,

then the Commission, in determining market share and the

factors affecting financial performance set forth in clause

(iii), shall focus primarily on the merchant market for the

domestic like product.

(D) Special rules for agricultural products

(i) The Commission shall not determine that there is no

material injury or threat of material injury to United States

producers of an agricultural commodity merely because the

prevailing market price is at or above the minimum support

price.

(ii) In the case of agricultural products, the Commission

shall consider any increased burden on government income or

price support programs.

(E) Special rules

For purposes of this paragraph -

(i) Nature of countervailable subsidy

In determining whether there is a threat of material

injury, the Commission shall consider information provided to

it by the administering authority regarding the nature of the

countervailable subsidy granted by a foreign country

(particularly whether the countervailable subsidy is a

subsidy described in Article 3 or 6.1 of the Subsidies

Agreement) and the effects likely to be caused by the

countervailable subsidy.

(ii) Standard for determination

The presence or absence of any factor which the Commission

is required to evaluate under subparagraph (C) or (D) shall

not necessarily give decisive guidance with respect to the

determination by the Commission of material injury.

(F) Threat of material injury

(i) In general

In determining whether an industry in the United States is

threatened with material injury by reason of imports (or

sales for importation) of the subject merchandise, the

Commission shall consider, among other relevant economic

factors -

(I) if a countervailable subsidy is involved, such

information as may be presented to it by the administering

authority as to the nature of the subsidy (particularly as

to whether the countervailable subsidy is a subsidy

described in Article 3 or 6.1 of the Subsidies Agreement),

and whether imports of the subject merchandise are likely

to increase,

(II) any existing unused production capacity or imminent,

substantial increase in production capacity in the

exporting country indicating the likelihood of

substantially increased imports of the subject merchandise

into the United States, taking into account the

availability of other export markets to absorb any

additional exports,

(III) a significant rate of increase of the volume or

market penetration of imports of the subject merchandise

indicating the likelihood of substantially increased

imports,

(IV) whether imports of the subject merchandise are

entering at prices that are likely to have a significant

depressing or suppressing effect on domestic prices, and

are likely to increase demand for further imports,

(V) inventories of the subject merchandise,

(VI) the potential for product-shifting if production

facilities in the foreign country, which can be used to

produce the subject merchandise, are currently being used

to produce other products,

(VII) in any investigation under this subtitle which

involves imports of both a raw agricultural product (within

the meaning of paragraph (4)(E)(iv)) and any product

processed from such raw agricultural product, the

likelihood that there will be increased imports, by reason

of product shifting, if there is an affirmative

determination by the Commission under section 1671d(b)(1)

or 1673d(b)(1) of this title with respect to either the raw

agricultural product or the processed agricultural product

(but not both),

(VIII) the actual and potential negative effects on the

existing development and production efforts of the domestic

industry, including efforts to develop a derivative or more

advanced version of the domestic like product, and

(IX) any other demonstrable adverse trends that indicate

the probability that there is likely to be material injury

by reason of imports (or sale for importation) of the

subject merchandise (whether or not it is actually being

imported at the time).

(ii) Basis for determination

The Commission shall consider the factors set forth in

clause (i) as a whole in making a determination of whether

further dumped or subsidized imports are imminent and whether

material injury by reason of imports would occur unless an

order is issued or a suspension agreement is accepted under

this subtitle. The presence or absence of any factor which

the Commission is required to consider under clause (i) shall

not necessarily give decisive guidance with respect to the

determination. Such a determination may not be made on the

basis of mere conjecture or supposition.

(iii) Effect of dumping in third-country markets

(I) In general

In investigations under part II of this subtitle, the

Commission shall consider whether dumping in the markets of

foreign countries (as evidenced by dumping findings or

antidumping remedies in other WTO member markets against

the same class or kind of merchandise manufactured or

exported by the same party as under investigation) suggests

a threat of material injury to the domestic industry. In

the course of its investigation, the Commission shall

request information from the foreign manufacturer,

exporter, or United States importer concerning this issue.

(II) WTO member market

For purposes of this clause, the term ''WTO member

market'' means the market of any country which is a WTO

member.

(III) European Communities

For purposes of this clause, the European Communities

shall be treated as a foreign country.

(G) Cumulation for determining material injury

(i) In general

For purposes of clauses (i) and (ii) of subparagraph (C),

and subject to clause (ii), the Commission shall cumulatively

assess the volume and effect of imports of the subject

merchandise from all countries with respect to which -

(I) petitions were filed under section 1671a(b) or

1673a(b) of this title on the same day,

(II) investigations were initiated under section 1671a(a)

or 1673a(a) of this title on the same day, or

(III) petitions were filed under section 1671a(b) or

1673a(b) of this title and investigations were initiated

under section 1671a(a) or 1673a(a) of this title on the

same day,

if such imports compete with each other and with domestic like

products in the United States market.

(ii) Exceptions

The Commission shall not cumulatively assess the volume and

effect of imports under clause (i) -

(I) with respect to which the administering authority has

made a preliminary negative determination, unless the

administering authority subsequently made a final

affirmative determination with respect to those imports

before the Commission's final determination is made;

(II) from any country with respect to which the

investigation has been terminated;

(III) from any country designated as a beneficiary

country under the Caribbean Basin Economic Recovery Act (19

U.S.C. 2701 et seq.) for purposes of making a determination

with respect to that country, except that the volume and

effect of imports of the subject merchandise from such

country may be cumulatively assessed with imports of the

subject merchandise from any other country designated as

such a beneficiary country to the extent permitted by

clause (i); or

(IV) from any country that is a party to an agreement

with the United States establishing a free trade area,

which entered into force and effect before January 1, 1987,

unless the Commission determines that a domestic industry

is materially injured or threatened with material injury by

reason of imports from that country.

(iii) Records in final investigations

In each final determination in which it cumulatively

assesses the volume and effect of imports under clause (i),

the Commission shall make its determinations based on the

record compiled in the first investigation in which it makes

a final determination, except that when the administering

authority issues its final determination in a subsequently

completed investigation, the Commission shall permit the

parties in the subsequent investigation to submit comments

concerning the significance of the administering authority's

final determination, and shall include such comments and the

administering authority's final determination in the record

for the subsequent investigation.

(iv) Regional industry determinations

In an investigation which involves a regional industry, and

in which the Commission decides that the volume and effect of

imports should be cumulatively assessed under this

subparagraph, such assessment shall be based upon the volume

and effect of imports into the region or regions determined

by the Commission. The provisions of clause (iii) shall apply

to such investigations.

(H) Cumulation for determining threat of material injury

To the extent practicable and subject to subparagraph

(G)(ii), for purposes of clause (i)(III) and (IV) of

subparagraph (F), the Commission may cumulatively assess the

volume and price effects of imports of the subject merchandise

from all countries with respect to which -

(i) petitions were filed under section 1671a(b) or 1673a(b)

of this title on the same day,

(ii) investigations were initiated under section 1671a(a)

or 1673a(a) of this title on the same day, or

(iii) petitions were filed under section 1671a(b) or

1673a(b) of this title and investigations were initiated

under section 1671a(a) or 1673a(a) of this title on the same

day,

if such imports compete with each other and with domestic like

products in the United States market.

(I) Consideration of post-petition information

The Commission shall consider whether any change in the

volume, price effects, or impact of imports of the subject

merchandise since the filing of the petition in an

investigation under part I or II of this subtitle is related to

the pendency of the investigation and, if so, the Commission

may reduce the weight accorded to the data for the period after

the filing of the petition in making its determination of

material injury, threat of material injury, or material

retardation of the establishment of an industry in the United

States.

(8) Subsidies Agreement; Agreement on Agriculture

(A) Subsidies Agreement

The term ''Subsidies Agreement'' means the Agreement on

Subsidies and Countervailing Measures referred to in section

3511(d)(12) of this title.

(B) Agreement on Agriculture

The term ''Agreement on Agriculture'' means the Agreement on

Agriculture referred to in section 3511(d)(2) of this title.

(9) Interested party

The term ''interested party'' means -

(A) a foreign manufacturer, producer, or exporter, or the

United States importer, of subject merchandise or a trade or

business association a majority of the members of which are

producers, exporters, or importers of such merchandise,

(B) the government of a country in which such merchandise is

produced or manufactured or from which such merchandise is

exported,

(C) a manufacturer, producer, or wholesaler in the United

States of a domestic like product,

(D) a certified union or recognized union or group of workers

which is representative of an industry engaged in the

manufacture, production, or wholesale in the United States of a

domestic like product,

(E) a trade or business association a majority of whose

members manufacture, produce, or wholesale a domestic like

product in the United States,

(F) an association, a majority of whose members is composed

of interested parties described in subparagraph (C), (D), or

(E) with respect to a domestic like product, and

(G) in any investigation under this subtitle involving an

industry engaged in producing a processed agricultural product,

as defined in paragraph (4)(E), a coalition or trade

association which is representative of either -

(i) processors,

(ii) processors and producers, or

(iii) processors and growers,

but this subparagraph shall cease to have effect if the United

States Trade Representative notifies the administering

authority and the Commission that the application of this

subparagraph is inconsistent with the international obligations

of the United States.

(10) Domestic like product

The term ''domestic like product'' means a product which is

like, or in the absence of like, most similar in characteristics

and uses with, the article subject to an investigation under this

subtitle.

(11) Affirmative determinations by divided Commission

If the Commissioners voting on a determination by the

Commission, including a determination under section 1675 of this

title, are evenly divided as to whether the determination should

be affirmative or negative, the Commission shall be deemed to

have made an affirmative determination. For the purpose of

applying this paragraph when the issue before the Commission is

to determine whether there is -

(A) material injury to an industry in the United States,

(B) threat of material injury to such an industry, or

(C) material retardation of the establishment of an industry

in the United States,

by reason of imports of the merchandise, an affirmative vote on

any of the issues shall be treated as a vote that the

determination should be affirmative.

(12) Attribution of merchandise to country of manufacture or

production

For purposes of part I of this subtitle, merchandise shall be

treated as the product of the country in which it was

manufactured or produced without regard to whether it is imported

directly from that country and without regard to whether it is

imported in the same condition as when exported from that country

or in a changed condition by reason of remanufacture or

otherwise.

(13) Repealed. Pub. L. 103-465, title II, Sec. 222(i)(2), Dec. 8,

1994, 108 Stat. 4876

(14) Sold or, in the absence of sales, offered for sale

The term ''sold or, in the absence of sales, offered for sale''

means sold or, in the absence of sales, offered -

(A) to all purchasers in commercial quantities, or

(B) in the ordinary course of trade to one or more selected

purchasers in commercial quantities at a price which fairly

reflects the market value of the merchandise,

without regard to restrictions as to the disposition or use of

the merchandise by the purchaser except that, where such

restrictions are found to affect the market value of the

merchandise, adjustment shall be made therefor in calculating the

price at which the merchandise is sold or offered for sale.

(15) Ordinary course of trade

The term ''ordinary course of trade'' means the conditions and

practices which, for a reasonable time prior to the exportation

of the subject merchandise, have been normal in the trade under

consideration with respect to merchandise of the same class or

kind. The administering authority shall consider the following

sales and transactions, among others, to be outside the ordinary

course of trade:

(A) Sales disregarded under section 1677b(b)(1) of this

title.

(B) Transactions disregarded under section 1677b(f)(2) of

this title.

(16) Foreign like product

The term ''foreign like product'' means merchandise in the

first of the following categories in respect of which a

determination for the purposes of part II of this subtitle can be

satisfactorily made:

(A) The subject merchandise and other merchandise which is

identical in physical characteristics with, and was produced in

the same country by the same person as, that merchandise.

(B) Merchandise -

(i) produced in the same country and by the same person as

the subject merchandise,

(ii) like that merchandise in component material or

materials and in the purposes for which used, and

(iii) approximately equal in commercial value to that

merchandise.

(C) Merchandise -

(i) produced in the same country and by the same person and

of the same general class or kind as the subject merchandise,

(ii) like that merchandise in the purposes for which used,

and

(iii) which the administering authority determines may

reasonably be compared with that merchandise.

(17) Usual commercial quantities

The term ''usual commercial quantities'', in any case in which

the subject merchandise is sold in the market under consideration

at different prices for different quantities, means the

quantities in which such merchandise is there sold at the price

or prices for one quantity in an aggregate volume which is

greater than the aggregate volume sold at the price or prices for

any other quantity.

(18) Nonmarket economy country

(A) In general

The term ''nonmarket economy country'' means any foreign

country that the administering authority determines does not

operate on market principles of cost or pricing structures, so

that sales of merchandise in such country do not reflect the

fair value of the merchandise.

(B) Factors to be considered

In making determinations under subparagraph (A) the

administering authority shall take into account -

(i) the extent to which the currency of the foreign country

is convertible into the currency of other countries;

(FOOTNOTE 1)

(FOOTNOTE 1) So in original. The semicolon probably should be a

comma.

(ii) the extent to which wage rates in the foreign country

are determined by free bargaining between labor and

management,

(iii) the extent to which joint ventures or other

investments by firms of other foreign countries are permitted

in the foreign country,

(iv) the extent of government ownership or control of the

means of production,

(v) the extent of government control over the allocation of

resources and over the price and output decisions of

enterprises, and

(vi) such other factors as the administering authority

considers appropriate.

(C) Determination in effect

(i) Any determination that a foreign country is a nonmarket

economy country shall remain in effect until revoked by the

administering authority.

(ii) The administering authority may make a determination

under subparagraph (A) with respect to any foreign country at

any time.

(D) Determinations not in issue

Notwithstanding any other provision of law, any determination

made by the administering authority under subparagraph (A)

shall not be subject to judicial review in any investigation

conducted under part II of this subtitle.

(E) Collection of information

Upon request by the administering authority, the Commissioner

of Customs shall provide the administering authority a copy of

all public and proprietary information submitted to, or

obtained by, the Commissioner of Customs that the administering

authority considers relevant to proceedings involving

merchandise from nonmarket economy countries. The

administering authority shall protect proprietary information

obtained under this section from public disclosure in

accordance with section 1677f of this title.

(19) Equivalency of leases to sales

In determining whether a lease is equivalent to a sale for

purposes of this subtitle, the administering authority shall

consider -

(A) the terms of the lease,

(B) commercial practice within the industry,

(C) the circumstances of the transaction,

(D) whether the product subject to the lease is integrated

into the operations of the lessee or importer,

(E) whether in practice there is a likelihood that the lease

will be continued or renewed for a significant period of time,

and

(F) other relevant factors, including whether the lease

transaction would permit avoidance of antidumping or

countervailing duties.

(20) Application to governmental importations

(A) In general

Except as otherwise provided by this paragraph, merchandise

imported by, or for the use of, a department or agency of the

United States Government (including merchandise provided for

under chapter 98 of the Harmonized Tariff Schedule of the

United States) is subject to the imposition of countervailing

duties or antidumping duties under this subtitle or section

1303 of this title.

(B) Exceptions

Merchandise imported by, or for the use of, the Department of

Defense shall not be subject to the imposition of

countervailing or antidumping duties under this subtitle if -

(i) the merchandise is acquired by, or for use of, such

Department -

(I) from a country with which such Department had a

Memorandum of Understanding which was in effect on January

1, 1988, and has continued to have a comparable agreement

(including renewals) or superceding agreements, and

(II) in accordance with terms of the Memorandum of

Understanding in effect at the time of importation, or

(ii) the merchandise has no substantial nonmilitary use.

(21) United States-Canada Agreement

The term ''United States-Canada Agreement'' means the United

States-Canada Free-Trade Agreement.

(22) NAFTA

The term ''NAFTA'' means the North American Free Trade

Agreement.

(23) Entry

The term ''entry'' includes, in appropriate circumstances as

determined by the administering authority, a reconciliation entry

created under a reconciliation process, defined in section

1401(s) of this title, that is initiated by an importer. The

liability of an importer under an antidumping or countervailing

duty proceeding for entries of merchandise subject to the

proceeding will attach to the corresponding reconciliation entry

or entries. Suspension of liquidation of the reconciliation

entry or entries, for the purpose of enforcing this subtitle, is

equivalent to the suspension of liquidation of the corresponding

individual entries; but the suspension of liquidation of the

reconciliation entry or entries for such purpose does not

preclude liquidation for any other purpose.

(24) Negligible imports

(A) In general

(i) Less than 3 percent

Except as provided in clauses (ii) and (iv), imports from a

country of merchandise corresponding to a domestic like

product identified by the Commission are ''negligible'' if

such imports account for less than 3 percent of the volume of

all such merchandise imported into the United States in the

most recent 12-month period for which data are available that

precedes -

(I) the filing of the petition under section 1671a(b) or

1673a(b) of this title, or

(II) the initiation of the investigation, if the

investigation was initiated under section 1671a(a) or

1673a(a) of this title.

(ii) Exception

Imports that would otherwise be negligible under clause (i)

shall not be negligible if the aggregate volume of imports of

the merchandise from all countries described in clause (i)

with respect to which investigations were initiated on the

same day exceeds 7 percent of the volume of all such

merchandise imported into the United States during the

applicable 12-month period.

(iii) Determination of aggregate volume

In determining aggregate volume under clause (ii) or (iv),

the Commission shall not consider imports from any country

specified in paragraph (7)(G)(ii).

(iv) Negligibility in threat analysis

Notwithstanding clauses (i) and (ii), the Commission shall

not treat imports as negligible if it determines that there

is a potential that imports from a country described in

clause (i) will imminently account for more than 3 percent of

the volume of all such merchandise imported into the United

States, or that the aggregate volumes of imports from all

countries described in clause (ii) will imminently exceed 7

percent of the volume of all such merchandise imported into

the United States. The Commission shall consider such imports

only for purposes of determining threat of material injury.

(B) Negligibility for certain countries in countervailing duty

investigations

In the case of an investigation under section 1671 of this

title, subparagraph (A) shall be applied to imports of subject

merchandise from developing countries by substituting ''4

percent'' for ''3 percent'' in subparagraph (A)(i) and by

substituting ''9 percent'' for ''7 percent'' in subparagraph

(A)(ii).

(C) Computation of import volumes

In computing import volumes for purposes of subparagraphs (A)

and (B), the Commission may make reasonable estimates on the

basis of available statistics.

(D) Regional industries

In an investigation in which the Commission makes a regional

industry determination under paragraph (4)(C), the Commission's

examination under subparagraphs (A) and (B) shall be based upon

the volume of subject merchandise exported for sale in the

regional market in lieu of the volume of all subject

merchandise imported into the United States.

(25) Subject merchandise

The term ''subject merchandise'' means the class or kind of

merchandise that is within the scope of an investigation, a

review, a suspension agreement, an order under this subtitle or

section 1303 of this title, or a finding under the Antidumping

Act, 1921.

(26) Section 1303

The terms ''section 1303'' and ''1303'' mean section 1303 of

this title as in effect on the day before the effective date of

title II of the Uruguay Round Agreements Act.

(27) Suspension agreement

The term ''suspension agreement'' means an agreement described

in section 1671c(b), 1671c(c), 1673c(b), 1673c(c), or 1673c(l) of

this title.

(28) Exporter or producer

The term ''exporter or producer'' means the exporter of the

subject merchandise, the producer of the subject merchandise, or

both where appropriate. For purposes of section 1677b of this

title, the term ''exporter or producer'' includes both the

exporter of the subject merchandise and the producer of the same

subject merchandise to the extent necessary to accurately

calculate the total amount incurred and realized for costs,

expenses, and profits in connection with production and sale of

that merchandise.

(29) WTO Agreement

The term ''WTO Agreement'' means the Agreement defined in

section 3501(9) of this title.

(30) WTO member and WTO member country

The terms ''WTO member'' and ''WTO member country'' mean a

state, or separate customs territory (within the meaning of

Article XII of the WTO Agreement), with respect to which the

United States applies the WTO Agreement.

(31) GATT 1994

The term ''GATT 1994'' means the General Agreement on Tariffs

and Trade annexed to the WTO Agreement.

(32) Trade representative

The term ''Trade Representative'' means the United States Trade

Representative.

(33) Affiliated persons

The following persons shall be considered to be ''affiliated''

or ''affiliated persons'':

(A) Members of a family, including brothers and sisters

(whether by the whole or half blood), spouse, ancestors, and

lineal descendants.

(B) Any officer or director of an organization and such

organization.

(C) Partners.

(D) Employer and employee.

(E) Any person directly or indirectly owning, controlling, or

holding with power to vote, 5 percent or more of the

outstanding voting stock or shares of any organization and such

organization.

(F) Two or more persons directly or indirectly controlling,

controlled by, or under common control with, any person.

(G) Any person who controls any other person and such other

person.

For purposes of this paragraph, a person shall be considered to

control another person if the person is legally or operationally

in a position to exercise restraint or direction over the other

person.

(34) Dumped; dumping

The terms ''dumped'' and ''dumping'' refer to the sale or

likely sale of goods at less than fair value.

(35) Dumping margin; weighted average dumping margin

(A) Dumping margin

The term ''dumping margin'' means the amount by which the

normal value exceeds the export price or constructed export

price of the subject merchandise.

(B) Weighted average dumping margin

The term ''weighted average dumping margin'' is the

percentage determined by dividing the aggregate dumping margins

determined for a specific exporter or producer by the aggregate

export prices and constructed export prices of such exporter or

producer.

(C) Magnitude of the margin of dumping

The magnitude of the margin of dumping used by the Commission

shall be -

(i) in making a preliminary determination under section

1673b(a) of this title in an investigation (including any

investigation in which the Commission cumulatively assesses

the volume and effect of imports under paragraph (7)(G)(i)),

the dumping margin or margins published by the administering

authority in its notice of initiation of the investigation;

(ii) in making a final determination under section 1673d(b)

of this title, the dumping margin or margins most recently

published by the administering authority prior to the closing

of the Commission's administrative record;

(iii) in a review under section 1675(b)(2) of this title,

the most recent dumping margin or margins determined by the

administering authority under section 1675a(c)(3) of this

title, if any, or under section 1673b(b) or 1673d(a) of this

title; and

(iv) in a review under section 1675(c) of this title, the

dumping margin or margins determined by the administering

authority under section 1675a(c)(3) of this title.

(36) Developing and least developed country

(A) Developing country

The term ''developing country'' means a country designated as

a developing country by the Trade Representative.

(B) Least developed country

The term ''least developed country'' means a country which

the Trade Representative determines is -

(i) a country referred to as a least developed country

within the meaning of paragraph (a) of Annex VII to the

Subsidies Agreement, or

(ii) any other country listed in Annex VII to the Subsidies

Agreement, but only if the country has a per capita gross

national product of less than $1,000 per annum as measured by

the most recent data available from the World Bank.

(C) Publication of list

The Trade Representative shall publish in the Federal

Register, and update as necessary, a list of -

(i) developing countries that have eliminated their export

subsidies on an expedited basis within the meaning of Article

27.11 of the Subsidies Agreement, and

(ii) countries determined by the Trade Representative to be

least developed or developing countries.

(D) Factors to consider

In determining whether a country is a developing country

under subparagraph (A), the Trade Representative shall consider

such economic, trade, and other factors which the Trade

Representative considers appropriate, including the level of

economic development of such country (the assessment of which

shall include a review of the country's per capita gross

national product) and the country's share of world trade.

(E) Limitation on designation

A determination that a country is a developing or least

developed country pursuant to this paragraph shall be for

purposes of this subtitle only and shall not affect the

determination of a country's status as a developing or least

developed country with respect to any other law.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 771, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 176; amended Pub.

L. 98-573, title VI, Sec. 612(a), Oct. 30, 1984, 98 Stat. 3033;

Pub. L. 99-514, title XVIII, Sec. 1886(a)(9), Oct. 22, 1986, 100

Stat. 2922; Pub. L. 100-418, title I, Sec. 1312, 1316(b),

1326(a)-(c), 1327-1330, 1335, Aug. 23, 1988, 102 Stat. 1184, 1187,

1203-1206, 1210; Pub. L. 100-449, title IV, Sec. 403(d), Sept. 28,

1988, 102 Stat. 1887; Pub. L. 100-647, title IX, Sec. 9001(a)(5),

Nov. 10, 1988, 102 Stat. 3807; Pub. L. 101-382, title I, Sec.

139(a)(3), title II, Sec. 224(a), (b), Aug. 20, 1990, 104 Stat.

653, 659, 660; Pub. L. 103-182, title IV, Sec. 412(b), title VI,

Sec. 637(b), Dec. 8, 1993, 107 Stat. 2146, 2203; Pub. L. 103-465,

title II, Sec. 221(b), 222, 229(b), 233(a)(3), (4), (5)(BB)-(FF),

(b), 251, 266, 267, 270(c)(2), (e), Dec. 8, 1994, 108 Stat. 4869,

4890, 4898-4902, 4915, 4917, 4918; Pub. L. 104-295, Sec. 20(b)(7),

(14), Oct. 11, 1996, 110 Stat. 3527.)

-REFTEXT-

REFERENCES IN TEXT

The Caribbean Basin Economic Recovery Act, referred to in par.

(7)(G)(ii)(III), is title II of Pub. L. 98-67, Aug. 5, 1983, 97

Stat. 384, as amended, which is classified principally to chapter

15 (Sec. 2701 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

2701 of this title and Tables.

The Harmonized Tariff Schedule of the United States, referred to

in par. (20)(A), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

Section 1303 of this title, referred to in pars. (20)(A), (25),

and (26), was repealed, effective Jan. 1, 1995, by Pub. L. 103-465,

title II, Sec. 261(a), Dec. 8, 1994, 108 Stat. 4908. For savings

provisions and treatment of references to section 1303 in other

laws, see section 261(b), (d)(1)(C) of Pub. L. 103-465, set out as

notes under section 1303 of this title.

The Antidumping Act, 1921, referred to in par. (25), is act May

27, 1921, ch. 14, title II, 42 Stat. 11, as amended, which was

classified generally to sections 160 to 171 of this title, and was

repealed by Pub. L. 96-39, title I, Sec. 106(a), July 26, 1979, 93

Stat. 193.

For the effective date of title II of the Uruguay Round

Agreements Act, referred to in par. (26), as Jan. 1, 1995, see

Effective Date of 1994 Amendment note set out under section 1671 of

this title.

-MISC2-

AMENDMENTS

1996 - Par. (16)(C)(i). Pub. L. 104-295, Sec. 20(b)(7), which

directed substitution of ''subject merchandise'' for ''merchandise

which is the subject of the investigation'' in subpar. (B)(i), was

executed by making the substitution in subpar. (C)(i) to reflect

the probable intent of Congress.

Par. (30). Pub. L. 104-295, Sec. 20(b)(14), substituted

''Agreement'' for ''agreement'' after ''applies the WTO''.

1994 - Par. (1). Pub. L. 103-465, Sec. 233(b)(2), substituted

''Secretary of Commerce'' for ''Secretary of the Treasury''.

Par. (4)(A). Pub. L. 103-465, Sec. 222(a)(1), amended heading and

text of subpar. (A) generally. Prior to amendment, text read as

follows: ''The term 'industry' means the domestic producers as a

whole of a like product, or those producers whose collective output

of the like product constitutes a major proportion of the total

domestic production of that product; except that in the case of

wine and grape products subject to investigation under this

subtitle, the term also means the domestic producers of the

principal raw agricultural product (determined on either a volume

or value basis) which is included in the like domestic product, if

those producers allege material injury, or threat of material

injury, as a result of imports of such wine and grape products.''

Par. (4)(B). Pub. L. 103-465, Sec. 222(a)(1), amended heading and

text of subpar. (B) generally. Prior to amendment, text read as

follows: ''When some producers are related to the exporters or

importers, or are themselves importers of the allegedly subsidized

or dumped merchandise, the term 'industry' may be applied in

appropriate circumstances by excluding such producers from those

included in that industry.''

Par. (4)(C). Pub. L. 103-465, Sec. 270(c)(2), in concluding

provisions, substituted ''dumped imports or imports of merchandise

benefiting from a countervailable subsidy'' for ''subsidized or

dumped imports'' in two places.

Pub. L. 103-465, Sec. 222(a)(2), 233(a)(3)(A)(i), substituted

''domestic like product'' for ''like product'' in cl. (i) and

concluding provisions, and inserted at end of concluding provisions

''The term 'regional industry' means the domestic producers within

a region who are treated as a separate industry under this

subparagraph.''

Par. (4)(D). Pub. L. 103-465, Sec. 233(a)(3)(A)(i), 270(c)(2),

substituted ''domestic like product'' for ''like product'' wherever

appearing and ''dumped imports or imports of merchandise benefiting

from a countervailable subsidy'' for ''subsidized or dumped

imports'' in two places.

Pars. (5) to (5B). Pub. L. 103-465, Sec. 251(a), added pars. (5)

to (5B), and struck out former par. (5) which defined ''subsidy''.

Par. (6). Pub. L. 103-465, Sec. 251(b), inserted

''countervailable'' before ''subsidy'' wherever appearing in

heading and text.

Par. (7)(B)(i)(I). Pub. L. 103-465, Sec. 233(a)(5)(BB),

substituted ''subject merchandise'' for ''merchandise which is the

subject of the investigation''.

Par. (7)(B)(i)(II), (III), (C)(ii)(I). Pub. L. 103-465, Sec.

233(a)(3)(B), substituted ''domestic like products'' for ''like

products''.

Par. (7)(C)(iii). Pub. L. 103-465, Sec. 222(b)(3), substituted

''subparagraph (B)(i)(III)'' for ''subparagraph (B)(iii)'' in

introductory provisions.

Par. (7)(C)(iii)(IV). Pub. L. 103-465, Sec. 233(a)(3)(A)(ii),

substituted ''domestic like product'' for ''like product''.

Par. (7)(C)(iii)(V). Pub. L. 103-465, Sec. 222(b)(1), added

subcl. (V).

Par. (7)(C)(iv). Pub. L. 103-465, Sec. 222(b)(2), added cl. (iv)

and struck out former cl. (iv) which directed that Commission

cumulatively assess volume and effect of imports from two or more

countries of like products subject to investigation if such imports

compete with each other and with like products of domestic industry

in United States market, with an exception for imports which are

products of country designated as beneficiary country under

Caribbean Basin Economic Recovery Act.

Par. (7)(C)(v). Pub. L. 103-465, Sec. 222(d)(1), struck out

heading and text of cl. (v). Prior to amendment, text read as

follows: ''The Commission is not required to apply clause (iv) or

subparagraph (F)(iv) in any case in which the Commission determines

that imports of the merchandise subject to investigation are

negligible and have no discernable adverse impact on the domestic

industry. For purposes of making such determination, the

Commission shall evaluate all relevant economic factors regarding

the imports, including, but not limited to, whether -

''(I) the volume and market share of the imports are

negligible,

''(II) sales transactions involving the imports are isolated

and sporadic, and

''(III) the domestic market for the like product is price

sensitive by reason of the nature of the product, so that a small

quantity of imports can result in price suppression or

depression.

For purposes of this clause, the Commission may treat as negligible

and having no discernable adverse impact on the domestic industry

imports that are the product of any country that is a party to a

free trade area agreement with the United States which entered into

force and effect before January 1, 1987, if the Commission

determines that the domestic industry is not being materially

injured by reason of such imports.''

Par. (7)(E)(i). Pub. L. 103-465, Sec. 266, amended heading and

text of cl. (i) generally. Prior to amendment, text read as

follows: ''In determining whether there is a threat of material

injury, the Commission shall consider such information as may be

presented to it by the administering authority as to the nature of

the subsidy (particularly as to whether the subsidy is an export

subsidy inconsistent with the Agreement) provided by a foreign

country and the effects likely to be caused by the subsidy.''

Par. (7)(F)(i), (ii). Pub. L. 103-465, Sec. 222(c), amended cls.

(i) and (ii) generally, substituting present provisions for

provisions which listed factors in determining as well as basis for

determining that an industry is threatened with material injury by

reason of imports (or sales for importation) of the subject

merchandise.

Par. (7)(F)(iii)(I), (II). Pub. L. 103-465, Sec. 233(b)(1)(A), in

subcl. (I), substituted ''WTO member'' for ''GATT member'', and in

subcl. (II), substituted ''WTO member'' for ''GATT member'' in

heading and text before ''market'', and ''WTO member.'' for

''signatory to The Agreement on Implementation of Article VI of the

General Agreement on Tariffs and Trade (relating to antidumping

measures).''

Par. (7)(F)(iv). Pub. L. 103-465, Sec. 222(e)(1), struck out

heading and text of cl. (iv). Prior to amendment, text read as

follows: ''To the extent practicable and subject to subparagraph

(C)(iv)(II) and (v), for purposes of clause (i)(III) and (IV) the

Commission may cumulatively assess the volume and price effects of

imports from two or more countries if such imports -

''(I) compete with each other, and with like products of the

domestic industry, in the United States market, and

''(II) are subject to any investigation under section 1303,

1671, or 1673 of this title.''

Par. (7)(G), (H). Pub. L. 103-465, Sec. 222(e)(2), added subpars.

(G) and (H).

Par. (7)(I). Pub. L. 103-465, Sec. 222(f), added subpar. (I).

Par. (8). Pub. L. 103-465, Sec. 270(e), amended heading and text

of par. (8) generally. Prior to amendment, text read as follows:

''The terms 'Agreement on Subsidies and Countervailing Measures'

and 'Agreement' mean the Agreement on Interpretation and

Application of Articles VI, XVI, and XXIII of the General Agreement

on Tariffs and Trade (relating to subsidies and countervailing

measures) approved under section 2503(a) of this title.''

Par. (9)(A). Pub. L. 103-465, Sec. 222(g)(1), 233(a)(5)(CC),

substituted ''subject merchandise'' for ''merchandise which is the

subject of an investigation under this subtitle'' and inserted

''producers, exporters, or'' before ''importers''.

Par. (9)(B). Pub. L. 103-465, Sec. 222(g)(2), inserted ''or from

which such merchandise is exported'' after ''manufactured''.

Par. (9)(C) to (F). Pub. L. 103-465, Sec. 233(a)(3)(A)(iii),

substituted ''domestic like product'' for ''like product''.

Par. (10). Pub. L. 103-465, Sec. 233(a)(3)(A)(iii), substituted

''domestic like product'' for ''like product'' in heading and text.

Par. (11). Pub. L. 103-465, Sec. 221(b), inserted '', including a

determination under section 1675 of this title,'' after

''determination by the Commission'' in introductory provisions.

Par. (13). Pub. L. 103-465, Sec. 222(i)(2), struck out heading

and text of par. (13). Text read as follows: ''For the purpose of

determining United States price, the term 'exporter' includes the

person by whom or for whose account the merchandise is imported

into the United States if -

''(A) such person is the agent or principal of the exporter,

manufacturer, or producer;

''(B) such person owns or controls, directly or indirectly,

through stock ownership or control or otherwise, any interest in

the business of the exporter, manufacturer, or producer;

''(C) the exporter, manufacturer, or producer owns or controls,

directly or indirectly, through stock ownership or control or

otherwise, any interest in any business conducted by such person;

or

''(D) any person or persons, jointly or severally, directly or

indirectly, through stock ownership or control or otherwise, own

or control in the aggregate 20 percent or more of the voting

power or control in the business carried on by the person by whom

or for whose account the merchandise is imported into the United

States, and also 20 percent or more of such power or control in

the business of the exporter, manufacturer, or producer.''

Par. (15). Pub. L. 103-465, Sec. 222(h), substituted ''subject

merchandise'' for ''merchandise which is the subject of an

investigation'' and inserted at end ''The administering authority

shall consider the following sales and transactions, among others,

to be outside the ordinary course of trade:

''(A) Sales disregarded under section 1677b(b)(1) of this

title.

''(B) Transactions disregarded under section 1677b(f)(2) of

this title.''

Par. (16). Pub. L. 103-465, Sec. 233(a)(4), substituted ''Foreign

like product'' for ''Such or similar merchandise'' as heading and

''foreign like product'' for ''such or similar merchandise'' in

introductory provisions.

Par. (16)(A). Pub. L. 103-465, Sec. 233(a)(5)(DD), substituted

''subject merchandise'' for ''merchandise which is the subject of

an investigation''.

Par. (16)(B)(i). Pub. L. 103-465, Sec. 233(a)(5)(EE), which

directed the substitution of ''subject merchandise'' for

''merchandise which is the subject of an investigation'', was

executed by making the substitution for text which contained the

words ''the investigation'' rather than ''an investigation'', to

reflect the probable intent of Congress.

Par. (17). Pub. L. 103-465, Sec. 233(a)(5)(FF), substituted

''subject merchandise'' for ''merchandise which is the subject of

the investigation''.

Par. (24). Pub. L. 103-465, Sec. 222(d)(2), added par. (24).

Pars. (25) to (34). Pub. L. 103-465, Sec. 222(i)(1), added pars.

(25) to (34).

Par. (35). Pub. L. 103-465, Sec. 229(b), added par. (35).

Par. (36). Pub. L. 103-465, Sec. 267, added par. (36).

1993 - Pars. (18), (21). Pub. L. 103-182, Sec. 412(b)(1),

redesignated par. (18), relating to United States-Canada Agreement,

as (21).

Par. (22). Pub. L. 103-182, Sec. 412(b)(2), added (22).

Par. (23). Pub. L. 103-182, Sec. 637(b), added par. (23).

1990 - Par. (7)(C)(iv). Pub. L. 101-382, Sec. 224(a), amended cl.

(iv) generally. Prior to amendment, cl. (iv) read as follows:

''For purposes of clauses (i) and (ii), the Commission shall

cumulatively assess the volume and effect of imports from two or

more countries of like products subject to investigation if such

imports compete with each other and with like products of the

domestic industry in the United States market.''

Par. (7)(F)(iv). Pub. L. 101-382, Sec. 224(b), substituted

''(C)(iv)(II) and (v)'' for ''(C)(v)''.

Par. (20)(A). Pub. L. 101-382, Sec. 139(a)(3), substituted

''chapter 98 of the Harmonized Tariff Schedule'' for ''schedule 8

of the Tariff Schedules''.

1988 - Par. (4)(E). Pub. L. 100-418, Sec. 1326(a), added subpar.

(E).

Par. (5). Pub. L. 100-418, Sec. 1312, amended par. (5)

generally. Prior to amendment, par. (5) read as follows: ''The

term 'subsidy' has the same meaning as the term 'bounty or grant'

as that term is used in section 1303 of this title, and includes,

but is not limited to, the following:

''(A) Any export subsidy described in Annex A to the Agreement

(relating to illustrative list of export subsidies).

''(B) The following domestic subsidies, if provided or required

by government action to a specific enterprise or industry, or

group of enterprises or industries, whether publicly or privately

owned, and whether paid or bestowed directly or indirectly on the

manufacture, production, or export of any class or kind of

merchandise:

''(i) The provision of capital, loans, or loan guarantees on

terms inconsistent with commercial considerations.

''(ii) The provision of goods or services at preferential

rates.

''(iii) The grant of funds or forgiveness of debt to cover

operating losses sustained by a specific industry.

''(iv) The assumption of any costs or expenses of

manufacture, production, or distribution.''

Par. (7)(B). Pub. L. 100-418, Sec. 1328(1), amended subpar. (B)

generally. Prior to amendment, subpar. (B) read as follows: ''In

making its determinations under sections 1671b(a), 1671d(b),

1673b(a), and 1673d(b) of this title, the Commission shall

consider, among other factors -

''(i) the volume of imports of the merchandise which is the

subject of the investigation,

''(ii) the effect of imports of that merchandise on prices in

the United States for like products, and

''(iii) the impact of imports of such merchandise on domestic

producers of like products.''

Par. (7)(C). Pub. L. 100-418, Sec. 1328(2), in heading

substituted ''relevant factors'' for ''volume and of price

effects'', in cl. (ii)(I) substituted ''underselling'' for

''undercutting'', and in cl. (iii) inserted ''domestic'' in heading

and amended text generally. Prior to amendment, text of cl. (iii)

read as follows: ''In examining the impact on the affected

industry, the Commission shall evaluate all relevant economic

factors which have a bearing on the state of the industry,

including, but not limited to -

''(I) actual and potential decline in output, sales, market

share, profits, productivity, return on investments, and

utilization of capacity,

''(II) factors affecting domestic prices, and

''(III) actual and potential negative effects on cash flow,

inventories, employment, wages, growth, ability to raise capital,

and investment.''

Par. (7)(C)(v). Pub. L. 100-418, Sec. 1330(b), added cl. (v).

Par. (7)(F)(i)(IX). Pub. L. 100-418, Sec. 1326(b), which directed

that par. (7)(F) be amended by adding subcl. (IX), was executed by

adding subcl. (IX) to par. (7)(F)(i) to reflect the probable intent

of Congress.

Par. (7)(F)(i)(X). Pub. L. 100-418, Sec. 1329(1)-(3), added

subcl. (X).

Par. (7)(F)(iii). Pub. L. 100-418, Sec. 1329(4), added cl. (iii).

Par. (7)(F)(iv). Pub. L. 100-418, Sec. 1330(a), added cl. (iv).

Par. (9)(G). Pub. L. 100-418, Sec. 1326(c), added subpar. (G).

Par. (18). Pub. L. 100-449 added par. (18) relating to United

States-Canada Agreement.

Pub. L. 100-418, Sec. 1316(b), added par. (18) relating to

nonmarket economy country.

Par. (19). Pub. L. 100-647 redesignated par. (19), relating to

application to governmental importations, as (20).

Pub. L. 100-418, Sec. 1335, added par. (19) relating to

application to governmental importations.

Pub. L. 100-418, Sec. 1327, added par. (19) relating to

equivalency of leases to sales.

Par. (20). Pub. L. 100-647 redesignated par. (19), relating to

application to governmental importations, as (20).

1986 - Par. (7)(F)(i). Pub. L. 99-514 substituted ''the

merchandise'' for ''any merchandise'' in introductory provisions

and ''final orders'' for ''find orders'' in subcl. (VIII).

1984 - Par. (4)(A). Pub. L. 98-573, Sec. 612(a)(1), inserted

provision that in the case of wine and grape products subject to

investigation under this subtitle, the term also means the domestic

producers of the principal raw agricultural product (determined on

either a volume or value basis) which is included in the like

domestic product, if those producers allege material injury, or

threat of material injury, as a result of imports of such wine and

grape products.

Par. (7)(C)(iv). Pub. L. 98-623, Sec. 612(a)(2)(A), added cl.

(iv).

Par. (7)(F). Pub. L. 98-573, Sec. 612(a)(2)(B), added subpar.

(F).

Par. (9)(F). Pub. L. 98-573, Sec. 612(a)(3), added subpar. (F).

Par. (14)(A), (B). Pub. L. 98-573, Sec. 612(a)(4), substituted

''in commercial quantities'' for ''at wholesale''.

Par. (17). Pub. L. 98-573, Sec. 612(a)(5), substituted

''commercial quantities'' for ''wholesale quantities''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 412(b) of Pub. L. 103-182 effective on the

date the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), but not applicable to

any final determination described in section 1516a(a)(1)(B) or

(2)(B)(i), (ii), or (iii) of this title, notice of which is

published in the Federal Register before such date, or to a

determination described in section 1516a(a)(2)(B)(vi) of this

title, notice of which is received by the Government of Canada or

Mexico before such date, or to any binational panel review under

the United States-Canada Free-Trade Agreement, or to any

extraordinary challenge arising out of any such review that was

commenced before such date, see section 416 of Pub. L. 103-182, set

out as an Effective Date note under section 3431 of this title.

EFFECTIVE DATE OF 1990 AMENDMENT

Section 224(c) of Pub. L. 101-382 provided that: ''The amendments

made by subsections (a) and (b) (amending this section) apply with

respect to investigations (including investigations regarding

products of Canadian origin) initiated under section 702 or 732 of

the Tariff Act of 1930 (19 U.S.C. 1671a, 1673a) on or after the

date of the enactment of this Act (Aug. 20, 1990).''

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as a note under section 58c of this title.

Amendment by Pub. L. 100-449 effective on date United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

Amendment by sections 1312, 1316(b), 1326(a)-(c), and 1327-1329

of Pub. L. 100-418 applicable with respect to investigations

initiated after Aug. 23, 1988, and to reviews initiated under

section 1673e(c) or 1675 of this title after Aug. 23, 1988, see

section 1337(b) of Pub. L. 100-418, set out as an Effective Date of

1988 Amendment note under section 1671 of this title.

Amendment by section 1330 of Pub. L. 100-418 applicable with

respect to investigations initiated after Aug. 23, 1988, see

section 1337(c) of Pub. L. 100-418.

Amendment by section 1335 of Pub. L. 100-418 applicable with

respect to entries, and withdrawals from warehouse for consumption,

that are liquidated on or after Aug. 23, 1988, see section 1337(e)

of Pub. L. 100-418.

EFFECTIVE AND TERMINATION DATES OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to

investigations initiated by petition or by the administering

authority under parts I and II of this subtitle, and to reviews

begun under section 1675 of this title, on or after Oct. 30, 1984;

but provisions of this subtitle not to be interpreted to prevent

refiling of a petition under section 1671a or 1673a of this title

that was filed before Oct. 30, 1984, if the purpose of refiling was

to avail petitioner of amendment of par. (4)(A) of this section by

Pub. L. 98-573, and such amendment of par. (4)(A) inapplicable to

petitions filed (or refiled) under section 1671a or 1673a of this

title after Sept. 30, 1986, see section 626(b)(1), (c)(1), (2) of

Pub. L. 98-573, as amended, set out as an Effective Date of 1984

Amendment note under section 1671 of this title.

EFFECTIVE DATE

Part effective Jan. 1, 1980, see section 107 of Pub. L. 96-39,

set out as a note under section 1671 of this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

All functions of the Secretary of the Treasury under this

subtitle were transferred to the Secretary of Commerce pursuant to

Reorg. Plan No. 3 of 1979, Sec. 5(a)(1)(C), 44 F.R. 69275, 93 Stat.

1381, eff. Jan. 2, 1980, as provided by section 1-107(a) of Ex.

Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under

section 2171 of this title, except that the Customs Service of the

Department of the Treasury was to accept such deposits, bonds, or

other security as deemed appropriate by the Secretary of Commerce,

assess and collect such duties as directed by the Secretary of

Commerce, and furnish such of its important records or copies

thereof as requested by the Secretary incident to the functions

transferred.

-MISC5-

URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE

The Uruguay Round Agreements, including the World Trade

Organization Agreement and agreements annexed to that Agreement, as

referred to in section 3511(d) of this title, entered into force

with respect to the United States on Jan. 1, 1995. See note set out

under section 3511 of this title.

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on the provisions of sections 401 to 416 of Pub. L. 103-182,

see section 3451 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1337, 1516, 1516a, 1671a,

1671b, 1671c, 1671e, 1673a, 1673b, 1673c, 1673e, 1675, 1675a,

1675b, 1677-1, 1677a, 1677b, 1677d, 1677m, 3435, 3531, 3538, 3571,

3572 of this title; title 28 section 2631.

-CITE-

19 USC Sec. 1677-1 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677-1. Upstream subsidies

-STATUTE-

(a) ''Upstream subsidy'' defined

The term ''upstream subsidy'' means any countervailable subsidy,

other than an export subsidy, that -

(1) is paid or bestowed by an authority (as defined in section

1677(5) of this title) with respect to a product (hereafter in

this section referred to as an ''input product'') that is used in

the same country as the authority in the manufacture or

production of merchandise which is the subject of a

countervailing duty proceeding;

(2) in the judgment of the administering authority bestows a

competitive benefit on the merchandise; and

(3) has a significant effect on the cost of manufacturing or

producing the merchandise.

In applying this subsection, an association of two or more foreign

countries, political subdivisions, dependent territories, or

possessions of foreign countries organized into a customs union

outside the United States shall be treated as being one country if

the countervailable subsidy is provided by the customs union.

(b) Determination of competitive benefit

(1) In general

Except as provided in paragraph (2), the administering

authority shall decide that a competitive benefit has been

bestowed when the price for the input product referred to in

subsection (a)(1) of this section for such use is lower than the

price that the manufacturer or producer of merchandise which is

the subject of a countervailing duty proceeding would otherwise

pay for the product in obtaining it from another seller in an

arms-length transaction.

(2) Adjustments

If the administering authority has determined in a previous

proceeding that a countervailable subsidy is paid or bestowed on

the input product that is used for comparison under paragraph

(1), the administering authority may (A) where appropriate,

adjust the price that the manufacturer or producer of merchandise

which is the subject of such proceeding would otherwise pay for

the product to reflect the effects of the countervailable

subsidy, or (B) select in lieu of that price a price from another

source.

(c) Inclusion of amount of countervailable subsidy

If the administering authority decides, during the course of a

countervailing duty proceeding that an upstream countervailable

subsidy is being or has been paid or bestowed regarding the subject

merchandise, the administering authority shall include in the

amount of any countervailing duty imposed on the merchandise an

amount equal to the amount of the competitive benefit referred to

in subparagraph (1)(B), (FOOTNOTE 1) except that in no event shall

the amount be greater than the amount of the countervailable

subsidy determined with respect to the upstream product.

(FOOTNOTE 1) So in original. Probably should be ''subsection

(a)(2) of this section,''.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 771A, as added Pub. L.

98-573, title VI, Sec. 613(a), Oct. 30, 1984, 98 Stat. 3035;

amended Pub. L. 99-514, title XVIII, Sec. 1886(a)(10), Oct. 22,

1986, 100 Stat. 2922; Pub. L. 103-465, title II, Sec.

233(a)(5)(GG), 268, 270(a)(1)(K), (L), (2)(B), (c)(3), Dec. 8,

1994, 108 Stat. 4901, 4916, 4917; Pub. L. 104-295, Sec. 20(b)(2),

Oct. 11, 1996, 110 Stat. 3527.)

-MISC1-

AMENDMENTS

1996 - Subsec. (c). Pub. L. 104-295 amended directory language of

Pub. L. 103-465, Sec. 270(a)(2)(B). See 1994 Amendment note below.

1994 - Subsec. (a). Pub. L. 103-465, Sec. 268, inserted

introductory provisions and struck out former introductory

provisions which read as follows: ''The term 'upstream subsidy'

means any subsidy described in section 1677(5)(B)(i), (ii), (iii),

or (iv) of this title by the government of a country that - '', and

in concluding provisions, inserted ''countervailable'' before

''subsidy''.

Subsec. (a)(1). Pub. L. 103-465, Sec. 268(1), added par. (1) and

struck out former par. (1) which read as follows: ''is paid or

bestowed by that government with respect to a product (hereafter

referred to as an 'input product') that is used in the manufacture

or production in that country of merchandise which is the subject

of a countervailing duty proceeding;''.

Subsec. (b)(2). Pub. L. 103-465, Sec. 270(a)(1)(K), inserted

''countervailable'' before ''subsidy'' in two places.

Subsec. (c). Pub. L. 103-465, Sec. 270(a)(2)(B), as amended by

Pub. L. 104-295, inserted ''countervailable'' before ''subsidy'' in

heading.

Pub. L. 103-465, Sec. 270(a)(1)(L), (c)(3), inserted

''countervailable'' after ''upstream'' and substituted ''the

countervailable subsidy determined'' for ''subsidization

determined''.

Pub. L. 103-465, Sec. 233(a)(5)(GG), substituted ''subject

merchandise'' for ''merchandise under investigation''.

1986 - Subsec. (a). Pub. L. 99-514 substituted ''(ii), (iii), or

(iv)'' for ''(ii), or (iii)'' in introductory provisions.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Section effective Oct. 30, 1984, see section 626(a) of Pub. L.

98-573, set out as an Effective Date of 1984 Amendment note under

section 1671 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1671 of this title.

-CITE-

19 USC Sec. 1677-2 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677-2. Calculation of countervailable subsidies on certain

processed agricultural products

-STATUTE-

In the case of an agricultural product processed from a raw

agricultural product in which -

(1) the demand for the prior stage product is substantially

dependent on the demand for the latter stage product, and

(2) the processing operation adds only limited value to the raw

commodity,

countervailable subsidies found to be provided to either producers

or processors of the product shall be deemed to be provided with

respect to the manufacture, production, or exportation of the

processed product.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 771B, as added Pub. L.

100-418, title I, Sec. 1313(a), Aug. 23, 1988, 102 Stat. 1185;

amended Pub. L. 100-647, title IX, Sec. 9001(a)(4), Nov. 10, 1988,

102 Stat. 3806; Pub. L. 103-465, title II, Sec. 270(b)(1)(D), (2),

Dec. 8, 1994, 108 Stat. 4917.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 inserted ''countervailable'' before

''subsidies'' in section catchline and concluding provisions.

1988 - Pub. L. 100-647 amended section generally. Prior to

amendment, section read as follows: ''In the case of an

agricultural product processed from a raw agricultural product in

which (1) the demand for the prior stage product is substantially

dependent on the demand for the latter stage product, and (2) the

processing operation adds only limited value to the raw commodity,

subsidies found to be provided to either producers or processors of

the product shall be deemed to be provided with respect to the

manufacture, production, or exportation of the processed product.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

-CITE-

19 USC Sec. 1677a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677a. Export price and constructed export price

-STATUTE-

(a) Export price

The term ''export price'' means the price at which the subject

merchandise is first sold (or agreed to be sold) before the date of

importation by the producer or exporter of the subject merchandise

outside of the United States to an unaffiliated purchaser in the

United States or to an unaffiliated purchaser for exportation to

the United States, as adjusted under subsection (c) of this

section.

(b) Constructed export price

The term ''constructed export price'' means the price at which

the subject merchandise is first sold (or agreed to be sold) in the

United States before or after the date of importation by or for the

account of the producer or exporter of such merchandise or by a

seller affiliated with the producer or exporter, to a purchaser not

affiliated with the producer or exporter, as adjusted under

subsections (c) and (d) of this section.

(c) Adjustments for export price and constructed export price

The price used to establish export price and constructed export

price shall be -

(1) increased by -

(A) when not included in such price, the cost of all

containers and coverings and all other costs, charges, and

expenses incident to placing the subject merchandise in

condition packed ready for shipment to the United States,

(B) the amount of any import duties imposed by the country of

exportation which have been rebated, or which have not been

collected, by reason of the exportation of the subject

merchandise to the United States, and

(C) the amount of any countervailing duty imposed on the

subject merchandise under part I of this subtitle to offset an

export subsidy, and

(2) reduced by -

(A) except as provided in paragraph (1)(C), the amount, if

any, included in such price, attributable to any additional

costs, charges, or expenses, and United States import duties,

which are incident to bringing the subject merchandise from the

original place of shipment in the exporting country to the

place of delivery in the United States, and

(B) the amount, if included in such price, of any export tax,

duty, or other charge imposed by the exporting country on the

exportation of the subject merchandise to the United States,

other than an export tax, duty, or other charge described in

section 1677(6)(C) of this title.

(d) Additional adjustments to constructed export price

For purposes of this section, the price used to establish

constructed export price shall also be reduced by -

(1) the amount of any of the following expenses generally

incurred by or for the account of the producer or exporter, or

the affiliated seller in the United States, in selling the

subject merchandise (or subject merchandise to which value has

been added) -

(A) commissions for selling the subject merchandise in the

United States;

(B) expenses that result from, and bear a direct relationship

to, the sale, such as credit expenses, guarantees and

warranties;

(C) any selling expenses that the seller pays on behalf of

the purchaser; and

(D) any selling expenses not deducted under subparagraph (A),

(B), or (C);

(2) the cost of any further manufacture or assembly (including

additional material and labor), except in circumstances described

in subsection (e) of this section; and

(3) the profit allocated to the expenses described in

paragraphs (1) and (2).

(e) Special rule for merchandise with value added after importation

Where the subject merchandise is imported by a person affiliated

with the exporter or producer, and the value added in the United

States by the affiliated person is likely to exceed substantially

the value of the subject merchandise, the administering authority

shall determine the constructed export price for such merchandise

by using one of the following prices if there is a sufficient

quantity of sales to provide a reasonable basis for comparison and

the administering authority determines that the use of such sales

is appropriate:

(1) The price of identical subject merchandise sold by the

exporter or producer to an unaffiliated person.

(2) The price of other subject merchandise sold by the exporter

or producer to an unaffiliated person.

If there is not a sufficient quantity of sales to provide a

reasonable basis for comparison under paragraph (1) or (2), or the

administering authority determines that neither of the prices

described in such paragraphs is appropriate, then the constructed

export price may be determined on any other reasonable basis.

(f) Special rule for determining profit

(1) In general

For purposes of subsection (d)(3) of this section, profit shall

be an amount determined by multiplying the total actual profit by

the applicable percentage.

(2) Definitions

For purposes of this subsection:

(A) Applicable percentage

The term ''applicable percentage'' means the percentage

determined by dividing the total United States expenses by the

total expenses.

(B) Total United States expenses

The term ''total United States expenses'' means the total

expenses described in subsection (d)(1) and (2) of this

section.

(C) Total expenses

The term ''total expenses'' means all expenses in the first

of the following categories which applies and which are

incurred by or on behalf of the foreign producer and foreign

exporter of the subject merchandise and by or on behalf of the

United States seller affiliated with the producer or exporter

with respect to the production and sale of such merchandise:

(i) The expenses incurred with respect to the subject

merchandise sold in the United States and the foreign like

product sold in the exporting country if such expenses were

requested by the administering authority for the purpose of

establishing normal value and constructed export price.

(ii) The expenses incurred with respect to the narrowest

category of merchandise sold in the United States and the

exporting country which includes the subject merchandise.

(iii) The expenses incurred with respect to the narrowest

category of merchandise sold in all countries which includes

the subject merchandise.

(D) Total actual profit

The term ''total actual profit'' means the total profit

earned by the foreign producer, exporter, and affiliated

parties described in subparagraph (C) with respect to the sale

of the same merchandise for which total expenses are determined

under such subparagraph.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 772, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 181; amended Pub.

L. 98-573, title VI, Sec. 614, Oct. 30, 1984, 98 Stat. 3036; Pub.

L. 103-465, title II, Sec. 223, Dec. 8, 1994, 108 Stat. 4876.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 amended section generally, substituting

present provisions for provisions defining ''United States price'',

''purchase price'', and ''exporter's sales price'' and providing

for adjustments to purchase price and exporter's sales price.

1984 - Subsec. (b). Pub. L. 98-573 inserted ''a reseller or''

before ''the manufacturer''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section

626(a) of Pub. L. 98-573, set out as a note under section 1671 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1677b, 1677f-1 of this

title.

-CITE-

19 USC Sec. 1677b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677b. Normal value

-STATUTE-

(a) Determination

In determining under this subtitle whether subject merchandise is

being, or is likely to be, sold at less than fair value, a fair

comparison shall be made between the export price or constructed

export price and normal value. In order to achieve a fair

comparison with the export price or constructed export price,

normal value shall be determined as follows:

(1) Determination of normal value

(A) In general

The normal value of the subject merchandise shall be the

price described in subparagraph (B), at a time reasonably

corresponding to the time of the sale used to determine the

export price or constructed export price under section 1677a(a)

or (b) of this title.

(B) Price

The price referred to in subparagraph (A) is -

(i) the price at which the foreign like product is first

sold (or, in the absence of a sale, offered for sale) for

consumption in the exporting country, in the usual commercial

quantities and in the ordinary course of trade and, to the

extent practicable, at the same level of trade as the export

price or constructed export price, or

(ii) in a case to which subparagraph (C) applies, the price

at which the foreign like product is so sold (or offered for

sale) for consumption in a country other than the exporting

country or the United States, if -

(I) such price is representative,

(II) the aggregate quantity (or, if quantity is not

appropriate, value) of the foreign like product sold by the

exporter or producer in such other country is 5 percent or

more of the aggregate quantity (or value) of the subject

merchandise sold in the United States or for export to the

United States, and

(III) the administering authority does not determine that

the particular market situation in such other country

prevents a proper comparison with the export price or

constructed export price.

(C) Third country sales

This subparagraph applies when -

(i) the foreign like product is not sold (or offered for

sale) for consumption in the exporting country as described

in subparagraph (B)(i),

(ii) the administering authority determines that the

aggregate quantity (or, if quantity is not appropriate,

value) of the foreign like product sold in the exporting

country is insufficient to permit a proper comparison with

the sales of the subject merchandise to the United States, or

(iii) the particular market situation in the exporting

country does not permit a proper comparison with the export

price or constructed export price.

For purposes of clause (ii), the aggregate quantity (or value)

of the foreign like product sold in the exporting country shall

normally be considered to be insufficient if such quantity (or

value) is less than 5 percent of the aggregate quantity (or

value) of sales of the subject merchandise to the United

States.

(2) Fictitious markets

No pretended sale or offer for sale, and no sale or offer for

sale intended to establish a fictitious market, shall be taken

into account in determining normal value. The occurrence of

different movements in the prices at which different forms of the

foreign like product are sold (or, in the absence of sales,

offered for sale) in the exporting country after the issuance of

an antidumping duty order may be considered by the administering

authority as evidence of the establishment of a fictitious market

for the foreign like product if the movement in such prices

appears to reduce the amount by which the normal value exceeds

the export price (or the constructed export price) of the subject

merchandise.

(3) Exportation from an intermediate country

Where the subject merchandise is exported to the United States

from an intermediate country, normal value shall be determined in

the intermediate country, except that normal value may be

determined in the country of origin of the subject merchandise if

-

(A) the producer knew at the time of the sale that the

subject merchandise was destined for exportation;

(B) the subject merchandise is merely transshipped through

the intermediate country;

(C) sales of the foreign like product in the intermediate

country do not satisfy the conditions of paragraph (1)(C); or

(D) the foreign like product is not produced in the

intermediate country.

(4) Use of constructed value

If the administering authority determines that the normal value

of the subject merchandise cannot be determined under paragraph

(1)(B)(i), then, notwithstanding paragraph (1)(B)(ii), the normal

value of the subject merchandise may be the constructed value of

that merchandise, as determined under subsection (e) of this

section.

(5) Indirect sales or offers for sale

If the foreign like product is sold or, in the absence of

sales, offered for sale through an affiliated party, the prices

at which the foreign like product is sold (or offered for sale)

by such affiliated party may be used in determining normal value.

(6) Adjustments

The price described in paragraph (1)(B) shall be -

(A) increased by the cost of all containers and coverings and

all other costs, charges, and expenses incident to placing the

subject merchandise in condition packed ready for shipment to

the United States;

(B) reduced by -

(i) when included in the price described in paragraph

(1)(B), the cost of all containers and coverings and all

other costs, charges, and expenses incident to placing the

foreign like product in condition packed ready for shipment

to the place of delivery to the purchaser,

(ii) the amount, if any, included in the price described in

paragraph (1)(B), attributable to any additional costs,

charges, and expenses incident to bringing the foreign like

product from the original place of shipment to the place of

delivery to the purchaser, and

(iii) the amount of any taxes imposed directly upon the

foreign like product or components thereof which have been

rebated, or which have not been collected, on the subject

merchandise, but only to the extent that such taxes are added

to or included in the price of the foreign like product, and

(C) increased or decreased by the amount of any difference

(or lack thereof) between the export price or constructed

export price and the price described in paragraph (1)(B) (other

than a difference for which allowance is otherwise provided

under this section) that is established to the satisfaction of

the administering authority to be wholly or partly due to -

(i) the fact that the quantities in which the subject

merchandise is sold or agreed to be sold to the United States

are greater than or less than the quantities in which the

foreign like product is sold, agreed to be sold, or offered

for sale,

(ii) the fact that merchandise described in subparagraph

(B) or (C) of section 1677(16) of this title is used in

determining normal value, or

(iii) other differences in the circumstances of sale.

(7) Additional adjustments

(A) Level of trade

The price described in paragraph (1)(B) shall also be

increased or decreased to make due allowance for any difference

(or lack thereof) between the export price or constructed

export price and the price described in paragraph (1)(B) (other

than a difference for which allowance is otherwise made under

this section) that is shown to be wholly or partly due to a

difference in level of trade between the export price or

constructed export price and normal value, if the difference in

level of trade -

(i) involves the performance of different selling

activities; and

(ii) is demonstrated to affect price comparability, based

on a pattern of consistent price differences between sales at

different levels of trade in the country in which normal

value is determined.

In a case described in the preceding sentence, the amount of

the adjustment shall be based on the price differences between

the two levels of trade in the country in which normal value is

determined.

(B) Constructed export price offset

When normal value is established at a level of trade which

constitutes a more advanced stage of distribution than the

level of trade of the constructed export price, but the data

available do not provide an appropriate basis to determine

under subparagraph (A)(ii) a level of trade adjustment, normal

value shall be reduced by the amount of indirect selling

expenses incurred in the country in which normal value is

determined on sales of the foreign like product but not more

than the amount of such expenses for which a deduction is made

under section 1677a(d)(1)(D) of this title.

(8) Adjustments to constructed value

Constructed value as determined under subsection (e) of this

section, may be adjusted, as appropriate, pursuant to this

subsection.

(b) Sales at less than cost of production

(1) Determination; sales disregarded

Whenever the administering authority has reasonable grounds to

believe or suspect that sales of the foreign like product under

consideration for the determination of normal value have been

made at prices which represent less than the cost of production

of that product, the administering authority shall determine

whether, in fact, such sales were made at less than the cost of

production. If the administering authority determines that sales

made at less than the cost of production -

(A) have been made within an extended period of time in

substantial quantities, and

(B) were not at prices which permit recovery of all costs

within a reasonable period of time,

such sales may be disregarded in the determination of normal

value. Whenever such sales are disregarded, normal value shall

be based on the remaining sales of the foreign like product in

the ordinary course of trade. If no sales made in the ordinary

course of trade remain, the normal value shall be based on the

constructed value of the merchandise.

(2) Definitions and special rules

For purposes of this subsection -

(A) Reasonable grounds to believe or suspect

There are reasonable grounds to believe or suspect that sales

of the foreign like product were made at prices that are less

than the cost of production of the product, if -

(i) in an investigation initiated under section 1673a of

this title or a review conducted under section 1675 of this

title, an interested party described in subparagraph (C),

(D), (E), (F), or (G) of section 1677(9) of this title

provides information, based upon observed prices or

constructed prices or costs, that sales of the foreign like

product under consideration for the determination of normal

value have been made at prices which represent less than the

cost of production of the product; or

(ii) in a review conducted under section 1675 of this title

involving a specific exporter, the administering authority

disregarded some or all of the exporter's sales pursuant to

paragraph (1) in the investigation or if a review has been

completed, in the most recently completed review.

(B) Extended period of time

The term ''extended period of time'' means a period that is

normally 1 year, but not less than 6 months.

(C) Substantial quantities

Sales made at prices below the cost of production have been

made in substantial quantities if -

(i) the volume of such sales represents 20 percent or more

of the volume of sales under consideration for the

determination of normal value, or

(ii) the weighted average per unit price of the sales under

consideration for the determination of normal value is less

than the weighted average per unit cost of production for

such sales.

(D) Recovery of costs

If prices which are below the per unit cost of production at

the time of sale are above the weighted average per unit cost

of production for the period of investigation or review, such

prices shall be considered to provide for recovery of costs

within a reasonable period of time.

(3) Calculation of cost of production

For purposes of this part, the cost of production shall be an

amount equal to the sum of -

(A) the cost of materials and of fabrication or other

processing of any kind employed in producing the foreign like

product, during a period which would ordinarily permit the

production of that foreign like product in the ordinary course

of business;

(B) an amount for selling, general, and administrative

expenses based on actual data pertaining to production and

sales of the foreign like product by the exporter in question;

and

(C) the cost of all containers and coverings of whatever

nature, and all other expenses incidental to placing the

foreign like product in condition packed ready for shipment.

For purposes of subparagraph (A), if the normal value is based on

the price of the foreign like product sold for consumption in a

country other than the exporting country, the cost of materials

shall be determined without regard to any internal tax in the

exporting country imposed on such materials or their disposition

which are remitted or refunded upon exportation.

(c) Nonmarket economy countries

(1) In general

If -

(A) the subject merchandise is exported from a nonmarket

economy country, and

(B) the administering authority finds that available

information does not permit the normal value of the subject

merchandise to be determined under subsection (a) of this

section,

the administering authority shall determine the normal value of

the subject merchandise on the basis of the value of the factors

of production utilized in producing the merchandise and to which

shall be added an amount for general expenses and profit plus the

cost of containers, coverings, and other expenses. Except as

provided in paragraph (2), the valuation of the factors of

production shall be based on the best available information

regarding the values of such factors in a market economy country

or countries considered to be appropriate by the administering

authority.

(2) Exception

If the administering authority finds that the available

information is inadequate for purposes of determining the normal

value of subject merchandise under paragraph (1), the

administering authority shall determine the normal value on the

basis of the price at which merchandise that is -

(A) comparable to the subject merchandise, and

(B) produced in one or more market economy countries that are

at a level of economic development comparable to that of the

nonmarket economy country,

is sold in other countries, including the United States.

(3) Factors of production

For purposes of paragraph (1), the factors of production

utilized in producing merchandise include, but are not limited to

-

(A) hours of labor required,

(B) quantities of raw materials employed,

(C) amounts of energy and other utilities consumed, and

(D) representative capital cost, including depreciation.

(4) Valuation of factors of production

The administering authority, in valuing factors of production

under paragraph (1), shall utilize, to the extent possible, the

prices or costs of factors of production in one or more market

economy countries that are -

(A) at a level of economic development comparable to that of

the nonmarket economy country, and

(B) significant producers of comparable merchandise.

(d) Special rule for certain multinational corporations

Whenever, in the course of an investigation under this subtitle,

the administering authority determines that -

(1) subject merchandise exported to the United States is being

produced in facilities which are owned or controlled, directly or

indirectly, by a person, firm, or corporation which also owns or

controls, directly or indirectly, other facilities for the

production of the foreign like product which are located in

another country or countries,

(2) subsection (a)(1)(C) of this section applies, and

(3) the normal value of the foreign like product produced in

one or more of the facilities outside the exporting country is

higher than the normal value of the foreign like product produced

in the facilities located in the exporting country,

it shall determine the normal value of the subject merchandise by

reference to the normal value at which the foreign like product is

sold in substantial quantities from one or more facilities outside

the exporting country. The administering authority, in making any

determination under this paragraph, shall make adjustments for the

difference between the cost of production (including taxes, labor,

materials, and overhead) of the foreign like product produced in

facilities outside the exporting country and costs of production of

the foreign like product produced in facilities in the exporting

country, if such differences are demonstrated to its satisfaction.

For purposes of this subsection, in determining the normal value of

the foreign like product produced in a country outside of the

exporting country, the administering authority shall determine its

price at the time of exportation from the exporting country and

shall make any adjustments required by subsection (a) of this

section for the cost of all containers and coverings and all other

costs, charges, and expenses incident to placing the merchandise in

condition packed ready for shipment to the United States by

reference to such costs in the exporting country.

(e) Constructed value

For purposes of this subtitle, the constructed value of imported

merchandise shall be an amount equal to the sum of -

(1) the cost of materials and fabrication or other processing

of any kind employed in producing the merchandise, during a

period which would ordinarily permit the production of the

merchandise in the ordinary course of business;

(2)(A) the actual amounts incurred and realized by the specific

exporter or producer being examined in the investigation or

review for selling, general, and administrative expenses, and for

profits, in connection with the production and sale of a foreign

like product, in the ordinary course of trade, for consumption in

the foreign country, or

(B) if actual data are not available with respect to the

amounts described in subparagraph (A), then -

(i) the actual amounts incurred and realized by the specific

exporter or producer being examined in the investigation or

review for selling, general, and administrative expenses, and

for profits, in connection with the production and sale, for

consumption in the foreign country, of merchandise that is in

the same general category of products as the subject

merchandise,

(ii) the weighted average of the actual amounts incurred and

realized by exporters or producers that are subject to the

investigation or review (other than the exporter or producer

described in clause (i)) for selling, general, and

administrative expenses, and for profits, in connection with

the production and sale of a foreign like product, in the

ordinary course of trade, for consumption in the foreign

country, or

(iii) the amounts incurred and realized for selling, general,

and administrative expenses, and for profits, based on any

other reasonable method, except that the amount allowed for

profit may not exceed the amount normally realized by exporters

or producers (other than the exporter or producer described in

clause (i)) in connection with the sale, for consumption in the

foreign country, of merchandise that is in the same general

category of products as the subject merchandise; and

(3) the cost of all containers and coverings of whatever

nature, and all other expenses incidental to placing the subject

merchandise in condition packed ready for shipment to the United

States.

For purposes of paragraph (1), the cost of materials shall be

determined without regard to any internal tax in the exporting

country imposed on such materials or their disposition which are

remitted or refunded upon exportation of the subject merchandise

produced from such materials.

(f) Special rules for calculation of cost of production and for

calculation of constructed value

For purposes of subsections (b) and (e) of this section. -

(1) Costs

(A) In general

Costs shall normally be calculated based on the records of

the exporter or producer of the merchandise, if such records

are kept in accordance with the generally accepted accounting

principles of the exporting country (or the producing country,

where appropriate) and reasonably reflect the costs associated

with the production and sale of the merchandise. The

administering authority shall consider all available evidence

on the proper allocation of costs, including that which is made

available by the exporter or producer on a timely basis, if

such allocations have been historically used by the exporter or

producer, in particular for establishing appropriate

amortization and depreciation periods, and allowances for

capital expenditures and other development costs.

(B) Nonrecurring costs

Costs shall be adjusted appropriately for those nonrecurring

costs that benefit current or future production, or both.

(C) Startup costs

(i) In general

Costs shall be adjusted appropriately for circumstances in

which costs incurred during the time period covered by the

investigation or review are affected by startup operations.

(ii) Startup operations

Adjustments shall be made for startup operations only where

-

(I) a producer is using new production facilities or

producing a new product that requires substantial

additional investment, and

(II) production levels are limited by technical factors

associated with the initial phase of commercial production.

For purposes of subclause (II), the initial phase of

commercial production ends at the end of the startup period.

In determining whether commercial production levels have been

achieved, the administering authority shall consider factors

unrelated to startup operations that might affect the volume

of production processed, such as demand, seasonality, or

business cycles.

(iii) Adjustment for startup operations

The adjustment for startup operations shall be made by

substituting the unit production costs incurred with respect

to the merchandise at the end of the startup period for the

unit production costs incurred during the startup period. If

the startup period extends beyond the period of the

investigation or review under this subtitle, the

administering authority shall use the most recent cost of

production data that it reasonably can obtain, analyze, and

verify without delaying the timely completion of the

investigation or review. For purposes of this subparagraph,

the startup period ends at the point at which the level of

commercial production that is characteristic of the

merchandise, producer, or industry concerned is achieved.

(2) Transactions disregarded

A transaction directly or indirectly between affiliated persons

may be disregarded if, in the case of any element of value

required to be considered, the amount representing that element

does not fairly reflect the amount usually reflected in sales of

merchandise under consideration in the market under

consideration. If a transaction is disregarded under the

preceding sentence and no other transactions are available for

consideration, the determination of the amount shall be based on

the information available as to what the amount would have been

if the transaction had occurred between persons who are not

affiliated.

(3) Major input rule

If, in the case of a transaction between affiliated persons

involving the production by one of such persons of a major input

to the merchandise, the administering authority has reasonable

grounds to believe or suspect that an amount represented as the

value of such input is less than the cost of production of such

input, then the administering authority may determine the value

of the major input on the basis of the information available

regarding such cost of production, if such cost is greater than

the amount that would be determined for such input under

paragraph (2).

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 773, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 182; amended Pub.

L. 98-573, title VI, Sec. 615, 620(b), Oct. 30, 1984, 98 Stat.

3036, 3039; Pub. L. 99-514, title XVIII, Sec. 1886(a)(11), Oct. 22,

1986, 100 Stat. 2922; Pub. L. 100-418, title I, Sec. 1316(a), 1318,

1319, Aug. 23, 1988, 102 Stat. 1186, 1189; Pub. L. 103-465, title

II, Sec. 224, Dec. 8, 1994, 108 Stat. 4878.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 amended section generally, substituting

present provisions for provisions relating to foreign market value,

which provided for determination of value in subsec. (a), sales at

less than cost of production in subsec. (b), treatment of

merchandise from nonmarket economy countries in subsec. (c),

special rule for certain multinational corporations in subsec. (d),

determination of constructed value in subsec. (e), and exportation

from an intermediate country in subsec. (f).

1988 - Subsec. (a)(5). Pub. L. 100-418, Sec. 1319, added par.

(5).

Subsec. (c). Pub. L. 100-418, Sec. 1316(a), amended subsec. (c)

generally, substituting provisions relating to nonmarket economy

countries, for provisions relating to State-controlled economies.

Subsec. (e)(2) to (4). Pub. L. 100-418, Sec. 1318, substituted

''(4)'' for ''(3)'' wherever appearing in par. (2), added par. (3),

and redesignated former par. (3) as (4) and in introductory

provisions substituted ''paragraphs (2) and (3)'' for ''paragraph

(2)''.

1986 - Subsecs. (f), (g). Pub. L. 99-514 redesignated subsec. (g)

as (f).

1984 - Subsec. (a)(1). Pub. L. 98-573, Sec. 615(1), substituted

''time such merchandise is first sold within the United States by

the person for whom (or for whose account) the merchandise is

imported to any other person who is not described in subsection

(e)(3) of this section with respect to such person'' for ''time of

exportation of such merchandise to the United States'' in

provisions before subpar. (A).

Subsecs. (a)(1)(A), (4)(A), (e)(1)(B). Pub. L. 98-573, Sec.

615(2), substituted ''commercial quantities'' for ''wholesale

quantities'' wherever appearing.

Subsec. (f). Pub. L. 98-573, Sec. 620(b), struck out subsec. (f)

which related to the authority to use sampling techniques and to

disregard insignificant adjustments.

Subsec. (g). Pub. L. 98-573, Sec. 615(3), added subsec. (g).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by sections 1316(a) and 1318 of Pub. L. 100-418

applicable with respect to investigations initiated after Aug. 23,

1988, and to reviews initiated under section 1673e(c) or 1675 of

this title after Aug. 23, 1988, and amendment by section 1319 of

Pub. L. 100-418 applicable with respect to reviews initiated under

section 1673e(c) or 1675 of this title after Aug. 23, 1988, and to

reviews initiated under such sections which are pending on Aug. 23,

1988, and in which a request for revocation is pending on Aug. 23,

1988, see section 1337(b), (f) of Pub. L. 100-418, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 615 of Pub. L. 98-573 effective Oct. 30,

1984, and amendment by section 620(b) of Pub. L. 98-573 applicable

with respect to investigations initiated by petition or by the

administering authority under parts I and II of this subtitle, and

to reviews begun under section 1675 of this title, on or after Oct.

30, 1984, see section 626(a), (b)(1) of Pub. L. 98-573, as amended,

set out as a note under section 1671 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1677, 1677f-1 of this

title.

-CITE-

19 USC Sec. 1677b-1 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677b-1. Currency conversion

-STATUTE-

(a) In general

In an antidumping proceeding under this subtitle, the

administering authority shall convert foreign currencies into

United States dollars using the exchange rate in effect on the date

of sale of the subject merchandise, except that, if it is

established that a currency transaction on forward markets is

directly linked to an export sale under consideration, the exchange

rate specified with respect to such currency in the forward sale

agreement shall be used to convert the foreign currency.

Fluctuations in exchange rates shall be ignored.

(b) Sustained movement in foreign currency value

In an investigation under part II of this subtitle, if there is a

sustained movement in the value of the foreign currency relative to

the United States dollar, the administering authority shall allow

exporters at least 60 days to adjust their export prices to reflect

such sustained movement.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 773A, as added Pub. L.

103-465, title II, Sec. 225(a), Dec. 8, 1994, 108 Stat. 4886.)

-MISC1-

EFFECTIVE DATE

Section effective, except as otherwise provided, on the date on

which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews, and inquiries initiated and petitions

filed under specified provisions of this chapter after such date,

see section 291 of Pub. L. 103-465, set out as an Effective Date of

1994 Amendment note under section 1671 of this title.

-CITE-

19 USC Sec. 1677c 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677c. Hearings

-STATUTE-

(a) Investigation hearings

(1) In general

Except as provided in paragraph (2), the administering

authority and the Commission shall each hold a hearing in the

course of an investigation upon the request of any party to the

investigation before making a final determination under section

1671d or 1673d of this title.

(2) Exception

If investigations are initiated under part I and part II of

this subtitle regarding the same merchandise from the same

country within 6 months of each other (but before a final

determination is made in either investigation), the holding of a

hearing by the Commission in the course of one of the

investigations shall be treated as compliance with paragraph (1)

for both investigations, unless the Commission considers that

special circumstances require that a hearing be held in the

course of each of the investigations. During any investigation

regarding which the holding of a hearing is waived under this

paragraph, the Commission shall allow any party to submit such

additional written comment as it considers relevant.

(b) Procedures

Any hearing required or permitted under this subtitle shall be

conducted after notice published in the Federal Register, and a

transcript of the hearing shall be prepared and made available to

the public. The hearing shall not be subject to the provisions of

subchapter II of chapter 5 of title 5, or to section 702 of such

title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 774, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 186; amended Pub.

L. 98-573, title VI, Sec. 616, Oct. 30, 1984, 98 Stat. 3037.)

-MISC1-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-573 designated existing provisions

as par. (1), inserted ''Except as provided in paragraph (2),'', and

added par. (2).

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section

626(a) of Pub. L. 98-573, set out as a note under section 1671 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1673e, 1675, 1676a, 1677f

of this title.

-CITE-

19 USC Sec. 1677d 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677d. Countervailable subsidy practices discovered during a

proceeding

-STATUTE-

If, in the course of a proceeding under this subtitle, the

administering authority discovers a practice which appears to be a

countervailable subsidy, but was not included in the matters

alleged in a countervailing duty petition, or if the administering

authority receives notice from the Trade Representative that a

subsidy or subsidy program is in violation of Article 8 of the

Subsidies Agreement, then the administering authority -

(1) shall include the practice, subsidy, or subsidy program in

the proceeding if the practice, subsidy, or subsidy program

appears to be a countervailable subsidy with respect to the

merchandise which is the subject of the proceeding, or

(2) shall transfer the information (other than confidential

information) concerning the practice, subsidy, or subsidy program

to the library maintained under section 1677f(a)(1) of this

title, if the practice, subsidy, or subsidy program appears to be

a countervailable subsidy with respect to any other merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 775, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 186; amended Pub.

L. 98-573, title VI, Sec. 617, Oct. 30, 1984, 98 Stat. 3037; Pub.

L. 99-514, title XVIII, Sec. 1886(a)(12), Oct. 22, 1986, 100 Stat.

2922; Pub. L. 103-465, title II, Sec. 283(b), Dec. 8, 1994, 108

Stat. 4930.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 substituted ''Countervailable subsidy''

for ''Subsidy'' in section catchline and amended text generally.

Prior to amendment, text read as follows: ''If, in the course of a

proceeding under this subtitle, the administering authority

discovers a practice which appears to be a subsidy, but was not

included in the matters alleged in a countervailing duty petition,

then the administering authority -

''(1) shall include the practice in the proceeding if it

appears to be a subsidy with respect to the merchandise which is

the subject of the proceeding, or

''(2) shall transfer the information concerning the practice

(other than confidential information) to the library maintained

under section 1677f(a)(1) of this title, if the practice appears

to be a subsidy with respect to any other merchandise.''

1986 - Pub. L. 99-514 substituted ''a proceeding'' for ''an

proceeding'' in introductory provisions.

1984 - Pub. L. 98-573 substituted ''proceeding'' for

''investigation'' wherever appearing.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section

626(a) of Pub. L. 98-573, set out as a note under section 1671 of

this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 1677e 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677e. Determinations on basis of facts available

-STATUTE-

(a) In general

If -

(1) necessary information is not available on the record, or

(2) an interested party or any other person -

(A) withholds information that has been requested by the

administering authority or the Commission under this subtitle,

(B) fails to provide such information by the deadlines for

submission of the information or in the form and manner

requested, subject to subsections (c)(1) and (e) of section

1677m of this title,

(C) significantly impedes a proceeding under this subtitle,

or

(D) provides such information but the information cannot be

verified as provided in section 1677m(i) of this title,

the administering authority and the Commission shall, subject to

section 1677m(d) of this title, use the facts otherwise available

in reaching the applicable determination under this subtitle.

(b) Adverse inferences

If the administering authority or the Commission (as the case may

be) finds that an interested party has failed to cooperate by not

acting to the best of its ability to comply with a request for

information from the administering authority or the Commission, the

administering authority or the Commission (as the case may be), in

reaching the applicable determination under this subtitle, may use

an inference that is adverse to the interests of that party in

selecting from among the facts otherwise available. Such adverse

inference may include reliance on information derived from -

(1) the petition,

(2) a final determination in the investigation under this

subtitle,

(3) any previous review under section 1675 of this title or

determination under section 1675b of this title, or

(4) any other information placed on the record.

(c) Corroboration of secondary information

When the administering authority or the Commission relies on

secondary information rather than on information obtained in the

course of an investigation or review, the administering authority

or the Commission, as the case may be, shall, to the extent

practicable, corroborate that information from independent sources

that are reasonably at their disposal.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 776, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 186; amended Pub.

L. 98-573, title VI, Sec. 618, Oct. 30, 1984, 98 Stat. 3037; Pub.

L. 100-418, title I, Sec. 1326(d)(1), 1331, Aug. 23, 1988, 102

Stat. 1204, 1207; Pub. L. 103-465, title II, Sec. 231(c), Dec. 8,

1994, 108 Stat. 4896.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465 amended section generally, substituting

present provisions for provisions relating to verification of

information, certification of submissions, and determinations

required to be made on best information available.

1988 - Subsec. (a). Pub. L. 100-418, Sec. 1331(1), (3), added

subsec. (a). Former subsec. (a) redesignated (b).

Subsec. (b). Pub. L. 100-418, Sec. 1331(1), (2), redesignated

former subsec. (a) as (b) and in heading substituted

''Verification'' for ''General rule''.

Subsec. (b)(3)(A). Pub. L. 100-418, Sec. 1326(d)(1), which

directed the amendment of this subtitle by substituting

''subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of

this title'' for ''subparagraph (C), (D), (E), or (F), of section

1677(9) of this title'' was executed to subsec. (b)(3)(A) of this

section by substituting ''section 1677(9)(C), (D), (E), (F), or (G)

of this title'' for ''section 1677(9)(C), (D), (E), or (F) of this

title'' to reflect the probable intent of Congress.

Subsec. (c). Pub. L. 100-418, Sec. 1331(1), redesignated former

subsec. (b) as (c).

1984 - Subsec. (a). Pub. L. 98-573 amended subsec. (a) generally,

which prior to amendment read as follows: ''Except with respect to

information the verification of which is waived under section

1673b(b)(2) of this title, the administering authority shall verify

all information relied upon in making a final determination in an

investigation. In publishing such a determination, the

administering authority shall report the methods and procedures

used to verify such information. If the administering authority is

unable to verify the accuracy of the information submitted, it

shall use the best information available to it as the basis for its

determination, which may include the information submitted in

support of the petition.''

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable with respect to

investigations initiated after Aug. 23, 1988, and to reviews

initiated under section 1673e(c) or 1675 of this title after Aug.

23, 1988, see section 1337(b) of Pub. L. 100-418, set out as a note

under section 1671 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section

626(a) of Pub. L. 98-573, set out as a note under section 1671 of

this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1671d, 1673d, 1675 of

this title.

-CITE-

19 USC Sec. 1677f 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677f. Access to information

-STATUTE-

(a) Information generally made available

(1) Public information function

There shall be established a library of information relating to

foreign subsidy practices and countervailing measures. Copies of

material in the library shall be made available to the public

upon payment of the costs of preparing such copies.

(2) Progress of investigation reports

The administering authority and the Commission shall, from time

to time upon request, inform the parties to an investigation of

the progress of that investigation.

(3) Ex parte meetings

The administering authority and the Commission shall maintain a

record of any ex parte meeting between -

(A) interested parties or other persons providing factual

information in connection with a proceeding, and

(B) the person charged with making the determination, or any

person charged with making a final recommendation to that

person, in connection with that proceeding,

if information relating to that proceeding was presented or

discussed at such meeting. The record of such an ex parte

meeting shall include the identity of the persons present at the

meeting, the date, time, and place of the meeting, and a summary

of the matters discussed or submitted. The record of the ex

parte meeting shall be included in the record of the proceeding.

(4) Summaries; non-proprietary submissions

The administering authority and the Commission shall disclose -

(A) any proprietary information received in the course of a

proceeding if it is disclosed in a form which cannot be

associated with, or otherwise be used to identify, operations

of a particular person, and

(B) any information submitted in connection with a proceeding

which is not designated as proprietary by the person submitting

it.

(b) Proprietary information

(1) Proprietary status maintained

(A) In general

Except as provided in subsection (a)(4)(A) of this section

and subsection (c) of this section, information submitted to

the administering authority or the Commission which is

designated as proprietary by the person submitting the

information shall not be disclosed to any person without the

consent of the person submitting the information, other than -

(i) to an officer or employee of the administering

authority or the Commission who is directly concerned with

carrying out the investigation in connection with which the

information is submitted or any review under this subtitle

covering the same subject merchandise, or

(ii) to an officer or employee of the United States Customs

Service who is directly involved in conducting an

investigation regarding fraud under this subtitle.

(B) Additional requirements

The administering authority and the Commission shall require

that information for which proprietary treatment is requested

be accompanied by -

(i) either -

(I) a non-proprietary summary in sufficient detail to

permit a reasonable understanding of the substance of the

information submitted in confidence, or

(II) a statement that the information is not susceptible

to summary accompanied by a statement of the reasons in

support of the contention, and

(ii) either -

(I) a statement which permits the administering authority

or the Commission to release under administrative

protective order, in accordance with subsection (c) of this

section, the information submitted in confidence, or

(II) a statement to the administering authority or the

Commission that the business proprietary information is of

a type that should not be released under administrative

protective order.

(2) Unwarranted designation

If the administering authority of the Commission determines, on

the basis of the nature and extent of the information or its

availability from public sources, that designation of any

information as proprietary is unwarranted, then it shall notify

the person who submitted it and ask for an explanation of the

reasons for the designation. Unless that person persuades the

administering authority or the Commission that the designation is

warranted, or withdraws the designation, the administering

authority or the Commission, as the case may be, shall return it

to the party submitting it. In a case in which the administering

authority or the Commission returns the information to the person

submitting it, the person may thereafter submit other material

concerning the subject matter of the returned information if the

submission is made within the time otherwise provided for

submitting such material.

(3) Section 1675 reviews

Notwithstanding the provisions of paragraph (1), information

submitted to the administering authority or the Commission in

connection with a review under section 1675(b) or 1675(c) of this

title which is designated as proprietary by the person submitting

the information may, if the review results in the revocation of

an order or finding (or termination of a suspended investigation)

under section 1675(d) of this title, be used by the agency to

which the information was originally submitted in any

investigation initiated within 2 years after the date of the

revocation or termination pursuant to a petition covering the

same subject merchandise.

(c) Limited disclosure of certain proprietary information under

protective order

(1) Disclosure by administering authority or Commission

(A) In general

Upon receipt of an application (before or after receipt of

the information requested) which describes in general terms the

information requested and sets forth the reasons for the

request, the administering authority or the Commission shall

make all business proprietary information presented to, or

obtained by it, during a proceeding (except privileged

information, classified information, and specific information

of a type for which there is a clear and compelling need to

withhold from disclosure) available to interested parties who

are parties to the proceeding under a protective order

described in subparagraph (B), regardless of when the

information is submitted during a proceeding. Customer names

obtained during any investigation which requires a

determination under section 1671d(b) or 1673d(b) of this title

may not be disclosed by the administering authority under

protective order until either an order is published under

section 1671e(a) or 1673e(a) of this title as a result of the

investigation or the investigation is suspended or terminated.

The Commission may delay disclosure of customer names under

protective order during any such investigation until a

reasonable time prior to any hearing provided under section

1677c of this title.

(B) Protective order

The protective order under which information is made

available shall contain such requirements as the administering

authority or the Commission may determine by regulation to be

appropriate. The administering authority and the Commission

shall provide by regulation for such sanctions as the

administering authority and the Commission determine to be

appropriate, including disbarment from practice before the

agency.

(C) Time limitation on determinations

The administering authority or the Commission, as the case

may be, shall determine whether to make information available

under this paragraph -

(i) not later than 14 days (7 days if the submission

pertains to a proceeding under section 1671b(a) or 1673b(a)

of this title) after the date on which the information is

submitted, or

(ii) if -

(I) the person that submitted the information raises

objection to its release, or

(II) the information is unusually voluminous or complex,

not later than 30 days (10 days if the submission pertains to

a proceeding under section 1671b(a) or 1673b(a) of this

title) after the date on which the information is submitted.

(D) Availability after determination

If the determination under subparagraph (C) is affirmative,

then -

(i) the business proprietary information submitted to the

administering authority or the Commission on or before the

date of the determination shall be made available, subject to

the terms and conditions of the protective order, on such

date; and

(ii) the business proprietary information submitted to the

administering authority or the Commission after the date of

the determination shall be served as required by subsection

(d) of this section.

(E) Failure to disclose

If a person submitting information to the administering

authority refuses to disclose business proprietary information

which the administering authority determines should be released

under a protective order described in subparagraph (B), the

administering authority shall return the information, and any

nonconfidential summary thereof, to the person submitting the

information and summary and shall not consider either.

(2) Disclosure under court order

If the administering authority denies a request for information

under paragraph (1), then application may be made to the United

States Customs Court for an order directing the administering

authority or the Commission to make the information available.

After notification of all parties to the investigation and after

an opportunity for a hearing on the record, the court may issue

an order, under such conditions as the court deems appropriate,

which shall not have the effect of stopping or suspending the

investigation, directing the administering authority or the

Commission to make all or a portion of the requested information

described in the preceding sentence available under a protective

order and setting forth sanctions for violation of such order if

the court finds that, under the standards applicable in

proceedings of the court, such an order is warranted, and that -

(A) the administering authority or the Commission has denied

access to the information under subsection (b)(1) of this

section,

(B) the person on whose behalf the information is requested

is an interested party who is a party to the investigation in

connection with which the information was obtained or

developed, and

(C) the party which submitted the information to which the

request relates has been notified, in advance of the hearing,

of the request made under this section and of its right to

appear and be heard.

(d) Service

Any party submitting written information, including business

proprietary information, to the administering authority or the

Commission during a proceeding shall, at the same time, serve the

information upon all interested parties who are parties to the

proceeding, if the information is covered by a protective order.

The administering authority or the Commission shall not accept any

such information that is not accompanied by a certificate of

service and a copy of the protective order version of the document

containing the information. Business proprietary information shall

only be served upon interested parties who are parties to the

proceeding that are subject to protective order; however, a

nonconfidential summary thereof shall be served upon all other

interested parties who are parties to the proceeding.

(e) Repealed. Pub. L. 103-465, title II, Sec. 231(d)(1), Dec. 8,

1994, 108 Stat. 4897

(f) Disclosure of proprietary information under protective orders

issued pursuant to the North American Free Trade Agreement or

the United States-Canada Agreement

(1) Issuance of protective orders

(A) In general

If binational panel review of a determination under this

subtitle is requested pursuant to article 1904 of the NAFTA or

the United States-Canada Agreement, or an extraordinary

challenge committee is convened under Annex 1904.13 of the

NAFTA or the United States-Canada Agreement, the administering

authority or the Commission, as appropriate, may make available

to authorized persons, under a protective order described in

paragraph (2), a copy of all proprietary material in the

administrative record made during the proceeding in question.

If the administering authority or the Commission claims a

privilege as to a document or portion of a document in the

administrative record of the proceeding in question and a

binational panel or extraordinary challenge committee finds

that in camera inspection or limited disclosure of that

document or portion thereof is required by United States law,

the administering authority or the Commission, as appropriate,

may restrict access to such document or portion thereof to the

authorized persons identified by the panel or committee as

requiring access and may require such persons to obtain access

under a protective order described in paragraph (2).

(B) Authorized persons

For purposes of this subsection, the term ''authorized

persons'' means -

(i) the members of, and the appropriate staff of, the

binational panel or the extraordinary challenge committee, as

the case may be, and the Secretariat,

(ii) counsel for parties to such panel or committee

proceeding, and employees, and persons under the direction

and control, of such counsel,

(iii) any officer or employee of the United States

Government designated by the administering authority or the

Commission, as appropriate, to whom disclosure is necessary

in order to make recommendations to the Trade Representative

regarding the convening of extraordinary challenge committees

under chapter 19 of the NAFTA or the Agreement, and

(iv) any officer or employee of the Government of a free

trade area country (as defined in section 1516a(f)(10) of

this title) designated by an authorized agency of such

country to whom disclosure is necessary in order to make

decisions regarding the convening of extraordinary challenge

committees under chapter 19 of the NAFTA or the Agreement.

(C) Review

A decision concerning the disclosure or nondisclosure of

material under protective order by the administering authority

or the Commission shall not be subject to judicial review, and

no court of the United States shall have power or jurisdiction

to review such decision on any question of law or fact by an

action in the nature of mandamus or otherwise.

(2) Contents of protective order

Each protective order issued under this subsection shall be in

such form and contain such requirements as the administering

authority or the Commission may determine by regulation to be

appropriate. The administering authority and the Commission

shall ensure that regulations issued pursuant to this paragraph

shall be designed to provide an opportunity for participation in

the binational panel proceeding, including any extraordinary

challenge, equivalent to that available for judicial review of

determinations by the administering authority or the Commission

that are not subject to review by a binational panel.

(3) Prohibited acts

It is unlawful for any person to violate, to induce the

violation of, or knowingly to receive information the receipt of

which constitutes a violation of, any provision of a protective

order issued under this subsection or to violate, to induce the

violation of, or knowingly to receive information the receipt of

which constitutes a violation of, any provision of an undertaking

entered into with an authorized agency of a free trade area

country (as defined in section 1516a(f)(10) of this title) to

protect proprietary material during binational panel or

extraordinary challenge committee review pursuant to article 1904

of the NAFTA or the United States-Canada Agreement.

(4) Sanctions for violation of protective orders

Any person, except a judge appointed to a binational panel or

an extraordinary challenge committee under section 3432(b) of

this title, who is found by the administering authority or the

Commission, as appropriate, after notice and an opportunity for a

hearing in accordance with section 554 of title 5 to have

committed an act prohibited by paragraph (3) shall be liable to

the United States for a civil penalty and shall be subject to

such other administrative sanctions, including, but not limited

to, debarment from practice before the administering authority or

the Commission, as the administering authority or the Commission

determines to be appropriate. The amount of the civil penalty

shall not exceed $100,000 for each violation. Each day of a

continuing violation shall constitute a separate violation. The

amount of such civil penalty and other sanctions shall be

assessed by the administering authority or the Commission by

written notice, except that assessment shall be made by the

administering authority for violation, inducement of a violation

or receipt of information with reason to know that such

information was disclosed in violation, of an undertaking entered

into by any person with an authorized agency of a free trade area

country (as defined in section 1516a(f)(10) of this title).

(5) Review of sanctions

Any person against whom sanctions are imposed under paragraph

(4) may obtain review of such sanctions by filing a notice of

appeal in the United States Court of International Trade within

30 days from the date of the order imposing the sanction and by

simultaneously sending a copy of such notice by certified mail to

the administering authority or the Commission, as appropriate.

The administering authority or the Commission shall promptly file

in such court a certified copy of the record upon which such

violation was found or such sanction imposed, as provided in

section 2112 of title 28. The findings and order of the

administering authority or the Commission shall be set aside by

the court only if the court finds that such findings and order

are not supported by substantial evidence, as provided in section

706(2) of title 5.

(6) Enforcement of sanctions

If any person fails to pay an assessment of a civil penalty or

to comply with other administrative sanctions after the order

imposing such sanctions becomes a final and unappealable order,

or after the United States Court of International Trade has

entered final judgment in favor of the administering authority or

the Commission, an action may be filed in such court to enforce

the sanctions. In such action, the validity and appropriateness

of the final order imposing the sanctions shall not be subject to

review.

(7) Testimony and production of papers

(A) Authority to obtain information

For the purpose of conducting any hearing and carrying out

other functions and duties under this subsection, the

administering authority and the Commission, or their duly

authorized agents -

(i) shall have access to and the right to copy any

pertinent document, paper, or record in the possession of any

individual, partnership, corporation, association,

organization, or other entity,

(ii) may summon witnesses, take testimony, and administer

oaths,

(iii) and may require any individual or entity to produce

pertinent documents, books, or records.

Any member of the Commission, and any person so designated by

the administering authority, may sign subpoenas, and members

and agents of the administering authority and the Commission,

when authorized by the administering authority or the

Commission, as appropriate, may administer oaths and

affirmations, examine witnesses, take testimony, and receive

evidence.

(B) Witnesses and evidence

The attendance of witnesses who are authorized to be

summoned, and the production of documentary evidence authorized

to be ordered, under subparagraph (A) may be required from any

place in the United States at any designated place of hearing.

In the case of disobedience to a subpoena issued under

subparagraph (A), an action may be filed in any district or

territorial court of the United States to require the

attendance and testimony of witnesses and the production of

documentary evidence. Such court, within the jurisdiction of

which such inquiry is carried on, may, in case of contumacy or

refusal to obey a subpoena issued to any individual,

partnership, corporation, association, organization or other

entity, issue any order requiring such individual or entity to

appear before the administering authority or the Commission, or

to produce documentary evidence if so ordered or to give

evidence concerning the matter in question. Any failure to

obey such order of the court may be punished by the court as a

contempt thereof.

(C) Mandamus

Any court referred to in subparagraph (B) shall have

jurisdiction to issue writs of mandamus commanding compliance

with the provisions of this subsection or any order of the

administering authority or the Commission made in pursuance

thereof.

(D) Depositions

For purposes of carrying out any functions or duties under

this subsection, the administering authority or the Commission

may order testimony to be taken by deposition. Such deposition

may be taken before any person designated by the administering

authority or Commission and having power to administer oaths.

Such testimony shall be reduced to writing by the person taking

the deposition, or under the direction of such person, and

shall then be subscribed by the deponent. Any individual,

partnership, corporation, association, organization or other

entity may be compelled to appear and depose and to produce

documentary evidence in the same manner as witnesses may be

compelled to appear and testify and produce documentary

evidence before the administering authority or Commission, as

provided in this paragraph.

(E) Fees and mileage of witnesses

Witnesses summoned before the administering authority or the

Commission shall be paid the same fees and mileage that are

paid witnesses in the courts of the United States.

(g) Information relating to violations of protective orders and

sanctions

The administering authority and the Commission may withhold from

disclosure any correspondence, private letters of reprimand,

settlement agreements, and documents and files compiled in relation

to investigations and actions involving a violation or possible

violation of a protective order issued under subsection (c) or (d)

of this section, and such information shall be treated as

information described in section 552(b)(3) of title 5.

(h) Opportunity for comment by consumers and industrial users

The administering authority and the Commission shall provide an

opportunity for industrial users of the subject merchandise and, if

the merchandise is sold at the retail level, for representative

consumer organizations, to submit relevant information to the

administering authority concerning dumping or a countervailable

subsidy, and to the Commission concerning material injury by reason

of dumped or subsidized imports.

(i) Publication of determinations; requirements for final

determinations

(1) In general

Whenever the administering authority makes a determination

under section 1671a or 1673a of this title whether to initiate an

investigation, or the administering authority or the Commission

makes a preliminary determination under section 1671b or 1673b of

this title, a final determination under section 1671d of this

title or section 1673d of this title, a preliminary or final

determination in a review under section 1675 of this title, a

determination to suspend an investigation under this subtitle, or

a determination under section 1675b of this title, the

administering authority or the Commission, as the case may be,

shall publish the facts and conclusions supporting that

determination, and shall publish notice of that determination in

the Federal Register.

(2) Contents of notice or determination

The notice or determination published under paragraph (1) shall

include, to the extent applicable -

(A) in the case of a determination of the administering

authority -

(i) the names of the exporters or producers of the subject

merchandise or, when providing such names is impracticable,

the countries exporting the subject merchandise to the United

States,

(ii) a description of the subject merchandise that is

sufficient to identify the subject merchandise for customs

purposes,

(iii)(I) with respect to a determination in an

investigation under part I of this subtitle or section 1675b

of this title or in a review of a countervailing duty order,

the amount of the countervailable subsidy established and a

full explanation of the methodology used in establishing the

amount, and

(II) with respect to a determination in an investigation

under part II of this subtitle or in a review of an

antidumping duty order, the weighted average dumping margins

established and a full explanation of the methodology used in

establishing such margins, and

(iv) the primary reasons for the determination; and

(B) in the case of a determination of the Commission -

(i) considerations relevant to the determination of injury,

and

(ii) the primary reasons for the determination.

(3) Additional requirements for final determinations

In addition to the requirements set forth in paragraph (2) -

(A) the administering authority shall include in a final

determination described in paragraph (1) an explanation of the

basis for its determination that addresses relevant arguments,

made by interested parties who are parties to the investigation

or review (as the case may be), concerning the establishment of

dumping or a countervailable subsidy, or the suspension of the

investigation, with respect to which the determination is made;

and

(B) the Commission shall include in a final determination of

injury an explanation of the basis for its determination that

addresses relevant arguments that are made by interested

parties who are parties to the investigation or review (as the

case may be) concerning volume, price effects, and impact on

the industry of imports of the subject merchandise.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 777, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 187; amended Pub.

L. 98-573, title VI, Sec. 619, Oct. 30, 1984, 98 Stat. 3038; Pub.

L. 99-514, title XVIII, Sec. 1886(a)(13), 1889(8), Oct. 22, 1986,

100 Stat. 2922, 2926; Pub. L. 100-418, title I, Sec. 1332, Aug. 23,

1988, 102 Stat. 1207; Pub. L. 100-449, title IV, Sec. 403(c), Sept.

28, 1988, 102 Stat. 1884; Pub. L. 101-382, title I, Sec. 134(a)(4),

135(b), Aug. 20, 1990, 104 Stat. 650, 651; Pub. L. 103-182, title

IV, Sec. 412(c), Dec. 8, 1993, 107 Stat. 2146; Pub. L. 103-465,

title II, Sec. 226-228, 231(b), (d)(1), Dec. 8, 1994, 108 Stat.

4886-4888, 4896, 4897.)

-MISC1-

AMENDMENTS

1994 - Subsec. (a)(4). Pub. L. 103-465, Sec. 231(b), substituted

''shall disclose'' for ''may disclose'' in introductory provisions.

Subsec. (b)(1). Pub. L. 103-465, Sec. 226(a)(1), amended par. (1)

generally, designating first sentence as subpar. (A), rearranging

provisions for clarity, and inserting provisions in cl. (i)

relating to reviews under this subtitle covering same subject

merchandise, and designating second sentence as subpar. (B) with

corresponding redesignations of former subpars. as cls. and cls. as

subcls.

Subsec. (b)(2). Pub. L. 103-465, Sec. 226(b), inserted at end

''In a case in which the administering authority or the Commission

returns the information to the person submitting it, the person may

thereafter submit other material concerning the subject matter of

the returned information if the submission is made within the time

otherwise provided for submitting such material.''

Subsec. (b)(3). Pub. L. 103-465, Sec. 226(a)(2), added par. (3).

Subsec. (e). Pub. L. 103-465, Sec. 231(d)(1), struck out heading

and text of subsec. (e). Text read as follows: ''Information shall

be submitted to the administering authority or the Commission

during the course of a proceeding on a timely basis and shall be

subject to comment by other parties within such reasonable time as

the administering authority or the Commission shall provide. If

information is submitted without an adequate opportunity for other

parties to comment thereon, the administering authority or the

Commission may return the information to the party submitting it

and not consider it.''

Subsecs. (h), (i). Pub. L. 103-465, Sec. 227, 228, added subsecs.

(h) and (i).

1993 - Subsec. (f). Pub. L. 103-182, Sec. 412(c)(1), inserted

''the North American Free Trade Agreement or'' in heading.

Subsec. (f)(1)(A). Pub. L. 103-182, Sec. 412(c)(2), (3), inserted

''the NAFTA or'' before ''the United States-Canada Agreement'' in

two places, in second sentence inserted ''or extraordinary

challenge committee'' after ''binational panel'', and substituted

''identified by the panel or committee'' for ''identified by the

panel''.

Subsec. (f)(1)(B). Pub. L. 103-182, Sec. 412(c)(4), in cl. (iii),

inserted ''the NAFTA or'' before ''the Agreement'' and in cl. (iv),

inserted ''the NAFTA or'' before ''the Agreement'' and substituted

''Government of a free trade area country (as defined in section

1516a(f)(10) of this title) designated by an authorized agency of

such country'' for ''Government of Canada designated by an

authorized agency of Canada''.

Subsec. (f)(2). Pub. L. 103-182, Sec. 412(c)(5), inserted '',

including any extraordinary challenge,'' after ''binational panel

proceeding''.

Subsec. (f)(3). Pub. L. 103-182, Sec. 412(c)(6), (7), substituted

''agency of a free trade area country (as defined in section

1516a(f)(10) of this title)'' for ''agency of Canada'' and inserted

''or extraordinary challenge committee'' after ''binational panel''

and ''the NAFTA or'' before ''the United States-Canada Agreement''.

Subsec. (f)(4). Pub. L. 103-182, Sec. 412(c)(7), (8), inserted

'', except a judge appointed to a binational panel or an

extraordinary challenge committee under section 3432(b) of this

title,'' after ''Any person'' and substituted ''agency of a free

trade area country (as defined in section 1516a(f)(10) of this

title)'' for ''agency of Canada''.

1990 - Subsec. (c)(1)(A). Pub. L. 101-382, Sec. 135(b)(1),

inserted at end ''Customer names obtained during any investigation

which requires a determination under section 1671d(b) or 1673d(b)

of this title may not be disclosed by the administering authority

under protective order until either an order is published under

section 1671e(a) or 1673e(a) of this title as a result of the

investigation or the investigation is suspended or terminated. The

Commission may delay disclosure of customer names under protective

order during any such investigation until a reasonable time prior

to any hearing provided under section 1677c of this title.''

Subsec. (d). Pub. L. 101-382, Sec. 134(a)(4), redesignated

subsec. (d), relating to disclosure of proprietary information,

etc., as (f).

Subsec. (f). Pub. L. 101-382, Sec. 134(a)(4), redesignated

subsec. (d), relating to disclosure of proprietary information,

etc., as (f).

Subsec. (f)(1)(A). Pub. L. 101-382, Sec. 134(a)(4)(A), struck out

''(but not privileged material as defined by the rules of procedure

referred to in article 1904(14) of the United States-Canada

Agreement)'' after ''all proprietary material'' and inserted at end

''If the administering authority or the Commission claims a

privilege as to a document or portion of a document in the

administrative record of the proceeding in question and a

binational panel finds that in camera inspection or limited

disclosure of that document or portion thereof is required by

United States law, the administering authority or the Commission,

as appropriate, may restrict access to such document or portion

thereof to the authorized persons identified by the panel as

requiring access and may require such persons to obtain access

under a protective order described in paragraph (2).''

Subsec. (f)(1)(B)(ii) to (iv). Pub. L. 101-382, Sec.

134(a)(4)(B), inserted '', and persons under the direction and

control,'' after ''employees'' in cl. (ii), substituted ''make

recommendations to the Trade Representative regarding the convening

of extraordinary challenge committees under chapter 19 of the

Agreement, and'' for ''implement the United States-Canada Agreement

with respect to such proceeding.'' in cl. (iii), and added cl.

(iv).

Subsec. (f)(3). Pub. L. 101-382, Sec. 134(a)(4)(C), struck out

''or'' after ''violate,'' in two places and inserted ''or knowingly

to receive information the receipt of which constitutes a violation

of,'' after ''the violation of,'' in two places.

Subsec. (f)(4). Pub. L. 101-382, Sec. 134(a)(4)(D), inserted

provisions relating to receipt of information with reason to know

the information was disclosed in violation.

Subsec. (g). Pub. L. 101-382, Sec. 135(b)(2), added subsec. (g).

1988 - Subsec. (b)(1)(B)(ii). Pub. L. 100-418, Sec. 1332(1),

amended cl. (ii) generally. Prior to amendment, cl. (ii) read as

follows: ''a statement that the information should not be released

under administrative protective order.''

Subsec. (c)(1)(A). Pub. L. 100-418, Sec. 1332(2)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''Upon receipt of an application, (before or after receipt

of the information requested) which describes with particularity

the information requested and sets forth the reasons for the

request, the administering authority and the Commission may make

proprietary information submitted by any other party to the

investigation available under a protective order described in

subparagraph (B).''

Subsec. (c)(1)(C) to (E). Pub. L. 100-418, Sec. 1332(2)(B), added

subpars. (C) to (E).

Subsec. (c)(2). Pub. L. 100-418, Sec. 1332(3), struck out ''or

the Commission denies a request for proprietary information

submitted by the petitioner or an interested party in support of

the petitioner concerning the domestic price or cost of production

of the like product,'' after ''information under paragraph (1),''.

Subsec. (d). Pub. L. 100-449 added subsec. (d) relating to

disclosure of proprietary information, etc.

Pub. L. 100-418, Sec. 1332(4), added subsec. (d) relating to

service.

Subsec. (e). Pub. L. 100-418, Sec. 1332(4), added subsec. (e).

1986 - Subsec. (a)(4). Pub. L. 99-514, Sec. 1886(a)(13)(A),

substituted ''non-proprietary'' for ''nonconfidential'' in heading,

and ''proprietary'' for ''confidential'' in two places in text.

Subsec. (b). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted

''Proprietary'' for ''Confidential'' in heading.

Subsec. (b)(1). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted

''Proprietary status'' for ''Confidentiality'' in heading,

''proprietary'' for ''confidential'' in two places in introductory

provisions, and ''non-proprietary'' for ''nonconfidential'' in

subpar. (A)(i).

Pub. L. 99-514, Sec. 1889(8), made technical correction to

directory language of Pub. L. 98-573, Sec. 619(3), requiring no

change in text. See 1984 Amendment note below.

Subsec. (b)(1)(B)(i). Pub. L. 99-514, Sec. 1886(a)(13)(B),

inserted ''or the Commission'' after ''authority''.

Subsec. (b)(2). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted

''proprietary'' for ''confidential''.

Subsec. (c). Pub. L. 99-514, Sec. 1886(a)(13)(A), substituted

''proprietary'' for ''confidential'' in heading and in pars. (1)(A)

and (2).

1984 - Subsec. (a)(3). Pub. L. 98-573, Sec. 619(1), amended par.

(3) generally, substituting in provisions preceding subpar. (A)

''of any ex parte meeting'' for ''of ex parte meetings'', in

subpar. (A) ''a proceeding'' for ''an investigation'', in subpar.

(B) ''or any person'' for ''and any person'' and ''that

proceeding,'' for ''that investigation,'' and, in provisions

following subpar. (B), ''if information relating to that proceeding

was presented or discussed at such meeting. The record of such

an'' for ''The record of the''.

Subsec. (b)(1). Pub. L. 98-573, Sec. 619(2), in first sentence,

inserted provision referring to an officer or employee of the

United States Customs Service who is directly involved in

conducting an investigation regarding fraud under this subtitle.

Pub. L. 98-573, Sec. 619(3), as amended by Pub. L. 99-514, Sec.

1889(8), amended second sentence generally, and thereby substituted

''the Commission shall require'' for ''the Commission may

require'', designated existing provisions as subpar. (A) and, in

subpar. (A) as so designated, substituted ''either - (i) a

nonconfidential summary'' for ''a non-confidential summary'',

inserted designation ''(ii)'', substituted ''summary accompanied''

for ''summary, accompanied'', and added subpar. (B).

Subsec. (c)(1)(A). Pub. L. 98-573, Sec. 619(4), inserted

''(before or after receipt of the information requested)''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States (Jan. 1, 1994), but not applicable to any final

determination described in section 1516a(a)(1)(B) or (2)(B)(i),

(ii), or (iii) of this title, notice of which is published in the

Federal Register before such date, or to a determination described

in section 1516a(a)(2)(B)(vi) of this title, notice of which is

received by the Government of Canada or Mexico before such date, or

to any binational panel review under the United States-Canada

Free-Trade Agreement, or to any extraordinary challenge arising out

of any such review that was commenced before such date, see section

416 of Pub. L. 103-182, set out as an Effective Date note under

section 3431 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

Amendment by Pub. L. 100-418 applicable with respect to

investigations initiated after Aug. 23, 1988, and to reviews

initiated under section 1673e(c) or 1675 of this title after Aug.

23, 1988, see section 1337(b) of Pub. L. 100-418, set out as an

Effective Date of 1988 Amendment note under section 1671 of this

title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective Oct. 30, 1984, see section

626(a) of Pub. L. 98-573, set out as a note under section 1671 of

this title.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-MISC5-

EFFECT OF TERMINATION OF NAFTA COUNTRY STATUS

For provisions relating to effect of termination of NAFTA country

status on the provisions of sections 401 to 416 of Pub. L. 103-182,

see section 3451 of this title.

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to

any plan, such plan amendment shall not be required to be made

before the first plan year beginning on or after Jan. 1, 1989, see

section 1140 of Pub. L. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1516a, 1671b, 1673e,

1677, 1677n, 3432, 3451 of this title; title 28 sections 1581,

1584, 2631, 2635, 2636, 2640, 2643.

-CITE-

19 USC Sec. 1677f-1 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677f-1. Sampling and averaging; determination of weighted

average dumping margin and countervailable subsidy rate

-STATUTE-

(a) In general

For purposes of determining the export price (or constructed

export price) under section 1677a of this title or the normal value

under section 1677b of this title, and in carrying out reviews

under section 1675 of this title, the administering authority may -

(1) use averaging and statistically valid samples, if there is

a significant volume of sales of the subject merchandise or a

significant number or types of products, and

(2) decline to take into account adjustments which are

insignificant in relation to the price or value of the

merchandise.

(b) Selection of averages and samples

The authority to select averages and statistically valid samples

shall rest exclusively with the administering authority. The

administering authority shall, to the greatest extent possible,

consult with the exporters and producers regarding the method to be

used to select exporters, producers, or types of products under

this section.

(c) Determination of dumping margin

(1) General rule

In determining weighted average dumping margins under section

1673b(d), 1673d(c), or 1675(a) of this title, the administering

authority shall determine the individual weighted average dumping

margin for each known exporter and producer of the subject

merchandise.

(2) Exception

If it is not practicable to make individual weighted average

dumping margin determinations under paragraph (1) because of the

large number of exporters or producers involved in the

investigation or review, the administering authority may

determine the weighted average dumping margins for a reasonable

number of exporters or producers by limiting its examination to -

(A) a sample of exporters, producers, or types of products

that is statistically valid based on the information available

to the administering authority at the time of selection, or

(B) exporters and producers accounting for the largest volume

of the subject merchandise from the exporting country that can

be reasonably examined.

(d) Determination of less than fair value

(1) Investigations

(A) In general

In an investigation under part II of this subtitle, the

administering authority shall determine whether the subject

merchandise is being sold in the United States at less than

fair value -

(i) by comparing the weighted average of the normal values

to the weighted average of the export prices (and constructed

export prices) for comparable merchandise, or

(ii) by comparing the normal values of individual

transactions to the export prices (or constructed export

prices) of individual transactions for comparable

merchandise.

(B) Exception

The administering authority may determine whether the subject

merchandise is being sold in the United States at less than

fair value by comparing the weighted average of the normal

values to the export prices (or constructed export prices) of

individual transactions for comparable merchandise, if -

(i) there is a pattern of export prices (or constructed

export prices) for comparable merchandise that differ

significantly among purchasers, regions, or periods of time,

and

(ii) the administering authority explains why such

differences cannot be taken into account using a method

described in paragraph (1)(A)(i) or (ii).

(2) Reviews

In a review under section 1675 of this title, when comparing

export prices (or constructed export prices) of individual

transactions to the weighted average price of sales of the

foreign like product, the administering authority shall limit its

averaging of prices to a period not exceeding the calendar month

that corresponds most closely to the calendar month of the

individual export sale.

(e) Determination of countervailable subsidy rate

(1) General rule

In determining countervailable subsidy rates under section

1671b(d), 1671d(c), or 1675(a) of this title, the administering

authority shall determine an individual countervailable subsidy

rate for each known exporter or producer of the subject

merchandise.

(2) Exception

If the administering authority determines that it is not

practicable to determine individual countervailable subsidy rates

under paragraph (1) because of the large number of exporters or

producers involved in the investigation or review, the

administering authority may -

(A) determine individual countervailable subsidy rates for a

reasonable number of exporters or producers by limiting its

examination to -

(i) a sample of exporters or producers that the

administering authority determines is statistically valid

based on the information available to the administering

authority at the time of selection, or

(ii) exporters and producers accounting for the largest

volume of the subject merchandise from the exporting country

that the administering authority determines can be reasonably

examined; or

(B) determine a single country-wide subsidy rate to be

applied to all exporters and producers.

The individual countervailable subsidy rates determined under

subparagraph (A) shall be used to determine the all-others rate

under section 1671d(c)(5) of this title.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 777A, as added Pub. L.

98-573, title VI, Sec. 620(a), Oct. 30, 1984, 98 Stat. 3039;

amended Pub. L. 103-465, title II, Sec. 229(a), 269(a), (b)(1),

Dec. 8, 1994, 108 Stat. 4889, 4916.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-465, Sec. 269(b)(1), inserted ''and

countervailable subsidy rate'' after ''margin'' in section

catchline.

Pub. L. 103-465, Sec. 269(a), added subsec. (e).

Pub. L. 103-465, Sec. 229(a), amended section generally,

substituting present provisions for provisions authorizing use of

averaging or generally recognized sampling techniques for purposes

of determining United States price or foreign market value and for

purposes of annual reviews under section 1675 of this title, and

providing for selection of samples and averages by administering

authority.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Section applicable with respect to investigations initiated by

petition or by the administering authority under parts I and II of

this subtitle, and to reviews begun under section 1675 of this

title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L.

98-573, as amended, set out as an Effective Date of 1984 Amendment

note under section 1671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1671b, 1671d, 1677m of

this title.

-CITE-

19 USC Sec. 1677g 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677g. Interest on certain overpayments and underpayments

-STATUTE-

(a) General rule

Interest shall be payable on overpayments and underpayments of

amounts deposited on merchandise entered, or withdrawn from

warehouse, for consumption on and after -

(1) the date of publication of a countervailing or antidumping

duty order under this subtitle or section 1303 (FOOTNOTE 1) of

this title, or

(FOOTNOTE 1) See References in Text note below.

(2) the date of a finding under the Antidumping Act, 1921.

(b) Rate

The rate of interest payable under subsection (a) of this section

for any period of time is the rate of interest established under

section 6621 of title 26 for such period.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 778, as added Pub. L.

96-39, title I, Sec. 101, July 26, 1979, 93 Stat. 188; amended Pub.

L. 98-573, title VI, Sec. 621, Oct. 30, 1984, 98 Stat. 3039; Pub.

L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095.)

-REFTEXT-

REFERENCES IN TEXT

Section 1303 of this title, referred to in subsec. (a)(1), is

defined in section 1677(26) of this title to mean section 1330 as

in effect on the day before Jan. 1, 1995.

The Antidumping Act, 1921, referred to in subsec. (a)(2), is act

May 27, 1921, ch. 14, title II, 42 Stat. 11, as amended, which was

classified generally to sections 160 to 171 of this title, and was

repealed by Pub. L. 96-39, title I, Sec. 106(a), July 26, 1979, 93

Stat. 193.

-MISC2-

AMENDMENTS

1986 - Subsec. (b). Pub. L. 99-514 substituted ''Internal Revenue

Code of 1986'' for ''Internal Revenue Code of 1954'', which for

purposes of codification was translated as ''title 26'' thus

requiring no change in text.

1984 - Subsec. (a). Pub. L. 98-573 amended subsec. (a) generally,

substituting provisions making interest payable on and after the

date of publication of a countervailing or antidumping duty order

under this subtitle or section 1303 of this title or the date of a

finding under the Antidumping Act, 1921 for provisions making

interest payable on and after the date on which notice of an

affirmative determination by the Commission under section 1671d(b)

or 1673d(b) of this title with respect to such merchandise was

published.

Subsec. (b). Pub. L. 98-573 amended subsec. (b) generally,

substituting provisions that the rate of interest payable under

subsec. (a) for any period of time is the rate of interest

established under section 6621 of title 26 for such period for

provision that the rate at which such interest was payable would be

8 percent per annum or, if higher, the rate in effect under section

6621 of title 26 on the date on which the rate or amount of the

duty was finally determined.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 applicable with respect to

merchandise that is unliquidated on or after Nov. 4, 1984, see

section 626(b)(4) of Pub. L. 98-573, set out as a note under

section 1671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1671f, 1673f, 3556 of

this title.

-CITE-

19 USC Sec. 1677h 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677h. Drawback treatment

-STATUTE-

For purposes of any law relating to the drawback of customs

duties, countervailing duties and antidumping duties imposed by

this subtitle shall not be treated as being regular customs duties.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 779, as added Pub. L.

98-573, title VI, Sec. 622(a)(2), Oct. 30, 1984, 98 Stat. 3039;

amended Pub. L. 100-418, title I, Sec. 1334(a), (b)(1), Aug. 23,

1988, 102 Stat. 1209, 1210.)

-MISC1-

AMENDMENTS

1988 - Pub. L. 100-418 substituted ''Drawback treatment'' for

''Drawbacks'' in section catchline and ''not be treated as being

regular'' for ''be treated as any other'' in text.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 applicable with respect to articles

entered, or withdrawn from warehouse for consumption, on or after

Aug. 23, 1988, see section 1337(d) of Pub. L. 100-418, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Section effective Oct. 30, 1984, see section 626(a) of Pub. L.

98-573, set out as an Effective Date of 1984 Amendment note under

section 1671 of this title.

-CITE-

19 USC Sec. 1677i 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677i. Downstream product monitoring

-STATUTE-

(a) Petition requesting monitoring

(1) In general

A domestic producer of an article that is like a component part

or a downstream product may petition the administering authority

to designate a downstream product for monitoring under subsection

(b) of this section. The petition shall specify -

(A) the downstream product,

(B) the component product incorporated into such downstream

product, and

(C) the reasons for suspecting that the imposition of

antidumping or countervailing duties has resulted in a

diversion of exports of the component part into increased

production and exportation to the United States of such

downstream product.

(2) Determination regarding petition

Within 14 days after receiving a petition submitted under

paragraph (1), the administering authority shall determine -

(A) whether there is a reasonable likelihood that imports

into the United States of the downstream product will increase

as an indirect result of any diversion with respect to the

component part, and

(B) whether -

(i) the component part is already subject to monitoring to

aid in the enforcement of a bilateral arrangement (within the

meaning of section 804 of the Trade and Tariff Act of 1984),

(ii) merchandise related to the component part and

manufactured in the same foreign country in which the

component part is manufactured has been the subject of a

significant number of investigations suspended under section

1671c or 1673c of this title or countervailing or antidumping

duty orders issued under this subtitle or section 1303

(FOOTNOTE 1) of this title, or

(FOOTNOTE 1) See References in Text note below.

(iii) merchandise manufactured or exported by the

manufacturer or exporter of the component part that is

similar in description and use to the component part has been

the subject of at least 2 investigations suspended under

section 1671c or 1673c of this title or countervailing or

antidumping duty orders issued under this subtitle or section

1303 (FOOTNOTE 1) of this title.

(3) Factors to take into account

In making a determination under paragraph (2)(A), the

administering authority may, if appropriate, take into account

such factors as -

(A) the value of the component part in relation to the value

of the downstream product,

(B) the extent to which the component part has been

substantially transformed as a result of its incorporation into

the downstream product, and

(C) the relationship between the producers of component parts

and producers of downstream products.

(4) Publication of determination

The administering authority shall publish in the Federal

Register notice of each determination made under paragraph (2)

and, if the determination made under paragraph (2)(A) and a

determination made under any subparagraph of paragraph (2)(B) are

affirmative, shall transmit a copy of such determinations and the

petition to the Commission.

(5) Determinations not subject to judicial review

Notwithstanding any other provision of law, any determination

made by the administering authority under paragraph (2) shall not

be subject to judicial review.

(b) Monitoring by Commission

(1) In general

If the determination made under subsection (a)(2)(A) of this

section and a determination made under any clause of subsection

(a)(2)(B) of this section with respect to a petition are

affirmative, the Commission shall immediately commence monitoring

of trade in the downstream product that is the subject of the

determination made under subsection (a)(2)(A) of this section.

If the Commission finds that imports of a downstream product

being monitored increased during any calendar quarter by 5

percent or more over the preceding quarter, the Commission shall

analyze that increase in the context of overall economic

conditions in the product sector.

(2) Reports

The Commission shall make quarterly reports to the

administering authority regarding the monitoring and analyses

conducted under paragraph (1). The Commission shall make the

reports available to the public.

(c) Action on basis of monitoring reports

The administering authority shall review the information in the

reports submitted by the Commission under subsection (b)(2) of this

section and shall -

(1) consider the information in determining whether to initiate

an investigation under section 1671a(a) or 1673a(a) of this title

regarding any downstream product, and

(2) request the Commission to cease monitoring any downstream

product if the information indicates that imports into the United

States are not increasing and there is no reasonable likelihood

of diversion with respect to component parts.

(d) Definitions

For purposes of this section -

(1) The term ''component part'' means any imported article that

-

(A) during the 5-year period ending on the date on which the

petition is filed under subsection (a) of this section, has

been subject to -

(i) a countervailing or antidumping duty order issued under

this subtitle or section 1303 (FOOTNOTE 2) of this title that

requires the deposit of estimated countervailing or

antidumping duties imposed at a rate of at least 15 percent

ad valorem, or

(FOOTNOTE 2) See References in Text note below.

(ii) an agreement entered into under section 1671c, 1673c,

or 1303 (FOOTNOTE 2) of this title after a preliminary

affirmative determination under section 1671b(b),

1673b(b)(1), or 1303 (FOOTNOTE 2) of this title was made by

the administering authority which included a determination

that the estimated net countervailable subsidy was at least

15 percent ad valorem or that the estimated average amount by

which the normal value exceeded the export price (or the

constructed export price) was at least 15 percent ad valorem,

and

(B) because of its inherent characteristics, is routinely

used as a major part, component, assembly, subassembly, or

material in a downstream product.

(2) The term ''downstream product'' means any manufactured

article -

(A) which is imported into the United States, and

(B) into which is incorporated any component part.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 780, as added Pub. L.

100-418, title I, Sec. 1320(a), Aug. 23, 1988, 102 Stat. 1189;

amended Pub. L. 103-465, title II, Sec. 233(a)(1)(E), (2)(A)(vi),

261(d)(1)(B)(iv), 270(a)(1)(M), Dec. 8, 1994, 108 Stat. 4898, 4910,

4917.)

-REFTEXT-

REFERENCES IN TEXT

Section 804 of the Trade and Tariff Act of 1984, referred to in

subsec. (a)(2)(B)(i), is section 804 of Pub. L. 98-573, which is

set out as a note under section 2253 of this title.

Section 1303 of this title, referred to in subsecs.

(a)(2)(B)(ii), (iii) and (d)(1)(A)(i), (ii), is defined in section

1677(26) of this title to mean section 1330 as in effect on the day

before Jan. 1, 1995.

-MISC2-

AMENDMENTS

1994 - Subsec. (c)(1). Pub. L. 103-465, Sec. 261(d)(1)(B)(iv),

substituted ''or 1673a(a)'' for '', 1673a(a), or 1303''.

Subsec. (d)(1)(A)(ii). Pub. L. 103-465, Sec. 270(a)(1)(M),

inserted ''countervailable'' before ''subsidy''.

Pub. L. 103-465, Sec. 233(a)(1)(E), (2)(A)(vi), substituted

''normal value'' for ''foreign market value'' and ''export price

(or the constructed export price)'' for ''United States price''.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by sections 233(a)(1)(E), (2)(A)(vi) and 270(a)(1)(M)

of Pub. L. 103-465 effective, except as otherwise provided, on the

date on which the WTO Agreement enters into force with respect to

the United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews, and inquiries initiated and petitions

filed under specified provisions of this chapter after such date,

see section 291 of Pub. L. 103-465, set out as a note under section

1671 of this title.

Amendment by section 261(d)(1)(B)(iv) of Pub. L. 103-465

effective on the effective date of title II of Pub. L. 103-465,

Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103-465, set out as

a note under section 1315 of this title.

-CITE-

19 USC Sec. 1677j 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677j. Prevention of circumvention of antidumping and

countervailing duty orders

-STATUTE-

(a) Merchandise completed or assembled in United States

(1) In general

If -

(A) merchandise sold in the United States is of the same

class or kind as any other merchandise that is the subject of -

(i) an antidumping duty order issued under section 1673e of

this title,

(ii) a finding issued under the Antidumping Act, 1921, or

(iii) a countervailing duty order issued under section

1671e of this title or section 1303 (FOOTNOTE 1) of this

title,

(FOOTNOTE 1) See References in Text note below.

(B) such merchandise sold in the United States is completed

or assembled in the United States from parts or components

produced in the foreign country with respect to which such

order or finding applies,

(C) the process of assembly or completion in the United

States is minor or insignificant, and

(D) the value of the parts or components referred to in

subparagraph (B) is a significant portion of the total value of

the merchandise,

the administering authority, after taking into account any advice

provided by the Commission under subsection (e) of this section,

may include within the scope of such order or finding the

imported parts or components referred to in subparagraph (B) that

are used in the completion or assembly of the merchandise in the

United States at any time such order or finding is in effect.

(2) Determination of whether process is minor or insignificant

In determining whether the process of assembly or completion is

minor or insignificant under paragraph (1)(C), the administering

authority shall take into account -

(A) the level of investment in the United States,

(B) the level of research and development in the United

States,

(C) the nature of the production process in the United

States,

(D) the extent of production facilities in the United States,

and

(E) whether the value of the processing performed in the

United States represents a small proportion of the value of the

merchandise sold in the United States.

(3) Factors to consider

In determining whether to include parts or components in a

countervailing or antidumping duty order or finding under

paragraph (1), the administering authority shall take into

account such factors as -

(A) the pattern of trade, including sourcing patterns,

(B) whether the manufacturer or exporter of the parts or

components is affiliated with the person who assembles or

completes the merchandise sold in the United States from the

parts or components produced in the foreign country with

respect to which the order or finding described in paragraph

(1) applies, and

(C) whether imports into the United States of the parts or

components produced in such foreign country have increased

after the initiation of the investigation which resulted in the

issuance of such order or finding.

(b) Merchandise completed or assembled in other foreign countries

(1) In general

If -

(A) merchandise imported into the United States is of the

same class or kind as any merchandise produced in a foreign

country that is the subject of -

(i) an antidumping duty order issued under section 1673e of

this title,

(ii) a finding issued under the Antidumping Act, 1921, or

(iii) a countervailing duty order issued under section

1671e of this title or section 1303 (FOOTNOTE 1) of this

title,

(B) before importation into the United States, such imported

merchandise is completed or assembled in another foreign

country from merchandise which -

(i) is subject to such order or finding, or

(ii) is produced in the foreign country with respect to

which such order or finding applies,

(C) the process of assembly or completion in the foreign

country referred to in subparagraph (B) is minor or

insignificant,

(D) the value of the merchandise produced in the foreign

country to which the antidumping duty order applies is a

significant portion of the total value of the merchandise

exported to the United States, and

(E) the administering authority determines that action is

appropriate under this paragraph to prevent evasion of such

order or finding,

the administering authority, after taking into account any advice

provided by the Commission under subsection (e) of this section,

may include such imported merchandise within the scope of such

order or finding at any time such order or finding is in effect.

(2) Determination of whether process is minor or insignificant

In determining whether the process of assembly or completion is

minor or insignificant under paragraph (1)(C), the administering

authority shall take into account -

(A) the level of investment in the foreign country,

(B) the level of research and development in the foreign

country,

(C) the nature of the production process in the foreign

country,

(D) the extent of production facilities in the foreign

country, and

(E) whether the value of the processing performed in the

foreign country represents a small proportion of the value of

the merchandise imported into the United States.

(3) Factors to consider

In determining whether to include merchandise assembled or

completed in a foreign country in a countervailing duty order or

an antidumping duty order or finding under paragraph (1), the

administering authority shall take into account such factors as -

(A) the pattern of trade, including sourcing patterns,

(B) whether the manufacturer or exporter of the merchandise

described in paragraph (1)(B) is affiliated with the person who

uses the merchandise described in paragraph (1)(B) to assemble

or complete in the foreign country the merchandise that is

subsequently imported into the United States, and

(C) whether imports into the foreign country of the

merchandise described in paragraph (1)(B) have increased after

the initiation of the investigation which resulted in the

issuance of such order or finding.

(c) Minor alterations of merchandise

(1) In general

The class or kind of merchandise subject to -

(A) an investigation under this subtitle,

(B) an antidumping duty order issued under section 1673e of

this title,

(C) a finding issued under the Antidumping Act, 1921, or

(D) a countervailing duty order issued under section 1671e of

this title or section 1303 (FOOTNOTE 2) of this title,

(FOOTNOTE 2) See References in Text note below.

shall include articles altered in form or appearance in minor

respects (including raw agricultural products that have undergone

minor processing), whether or not included in the same tariff

classification.

(2) Exception

Paragraph (1) shall not apply with respect to altered

merchandise if the administering authority determines that it

would be unnecessary to consider the altered merchandise within

the scope of the investigation, order, or finding.

(d) Later-developed merchandise

(1) In general

For purposes of determining whether merchandise developed after

an investigation is initiated under this subtitle or section 1303

(FOOTNOTE 2) of this title (hereafter in this paragraph referred

to as the ''later-developed merchandise'') is within the scope of

an outstanding antidumping or countervailing duty order issued

under this subtitle or section 1303 (FOOTNOTE 2) of this title as

a result of such investigation, the administering authority shall

consider whether -

(A) the later-developed merchandise has the same general

physical characteristics as the merchandise with respect to

which the order was originally issued (hereafter in this

paragraph referred to as the ''earlier product''),

(B) the expectations of the ultimate purchasers of the

later-developed merchandise are the same as for the earlier

product,

(C) the ultimate use of the earlier product and the

later-developed merchandise are the same,

(D) the later-developed merchandise is sold through the same

channels of trade as the earlier product, and

(E) the later-developed merchandise is advertised and

displayed in a manner similar to the earlier product.

The administering authority shall take into account any advice

provided by the Commission under subsection (e) of this section

before making a determination under this subparagraph.

(2) Exclusion from orders

The administering authority may not exclude a later-developed

merchandise from a countervailing or antidumping duty order

merely because the merchandise -

(A) is classified under a tariff classification other than

that identified in the petition or the administering

authority's prior notices during the proceeding, or

(B) permits the purchaser to perform additional functions,

unless such additional functions constitute the primary use of

the merchandise and the cost of the additional functions

constitute more than a significant proportion of the total cost

of production of the merchandise.

(e) Commission advice

(1) Notification to Commission of proposed action

Before making a determination -

(A) under subsection (a) of this section with respect to

merchandise completed or assembled in the United States (other

than minor completion or assembly),

(B) under subsection (b) of this section with respect to

merchandise completed or assembled in other foreign countries,

or

(C) under subsection (d) of this section with respect to any

later-developed merchandise which incorporates a significant

technological advance or significant alteration of an earlier

product,

with respect to an antidumping or countervailing duty order or

finding as to which the Commission has made an affirmative injury

determination, the administering authority shall notify the

Commission of the proposed inclusion of such merchandise in such

countervailing or antidumping order or finding. Notwithstanding

any other provision of law, a decision by the administering

authority regarding whether any merchandise is within a category

for which notice is required under this paragraph is not subject

to judicial review.

(2) Request for consultation

After receiving notice under paragraph (1), the Commission may

request consultations with the administering authority regarding

the inclusion. Upon the request of the Commission, the

administering authority shall consult with the Commission and any

such consultation shall be completed within 15 days after the

date of the request.

(3) Commission advice

If the Commission believes, after consultation under paragraph

(2), that a significant injury issue is presented by the proposed

inclusion, the Commission may provide written advice to the

administering authority as to whether the inclusion would be

inconsistent with the affirmative determination of the Commission

on which the order or finding is based. If the Commission

decides to provide such written advice, it shall promptly notify

the administering authority of its intention to do so, and must

provide such advice within 60 days after the date of notification

under paragraph (1). For purposes of formulating its advice with

respect to merchandise completed or assembled in the United

States from parts or components produced in a foreign country,

the Commission shall consider whether the inclusion of such parts

or components taken as a whole would be inconsistent with its

prior affirmative determination.

(f) Time limits for administering authority determinations

The administering authority shall, to the maximum extent

practicable, make the determinations under this section within 300

days from the date of the initiation of a countervailing duty or

antidumping circumvention inquiry under this section.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 781, as added Pub. L.

100-418, title I, Sec. 1321(a), Aug. 23, 1988, 102 Stat. 1192;

amended Pub. L. 103-465, title II, Sec. 230, Dec. 8, 1994, 108

Stat. 4891.)

-REFTEXT-

REFERENCES IN TEXT

The Antidumping Act, 1921, referred to in subsecs. (a)(1)(A)(ii),

(b)(1)(A)(ii), and (c)(1)(C), is act May 27, 1921, ch. 14, title

II, 42 Stat. 11, as amended, which was classified generally to

sections 160 to 171 of this title, and was repealed by Pub. L.

96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193.

Section 1303 of this title, referred to in subsecs.

(a)(1)(A)(iii), (b)(1)(A)(iii), (c)(1)(D), and (d)(1), is defined

in section 1677(26) of this title to mean section 1330 as in effect

on the day before Jan. 1, 1995.

-MISC2-

AMENDMENTS

1994 - Subsecs. (a), (b). Pub. L. 103-465, Sec. 230(a), amended

subsecs. (a) and (b) generally, to include provisions relating to

whether process of assembly or completion of merchandise in United

States or foreign countries is minor or insignificant.

Subsec. (f). Pub. L. 103-465, Sec. 230(b), added subsec. (f).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-465 effective, except as otherwise

provided, on the date on which the WTO Agreement enters into force

with respect to the United States (Jan. 1, 1995), and applicable

with respect to investigations, reviews, and inquiries initiated

and petitions filed under specified provisions of this chapter

after such date, see section 291 of Pub. L. 103-465, set out as a

note under section 1671 of this title.

EFFECTIVE DATE

Section applicable with respect to articles entered, or withdrawn

from warehouse for consumption, on or after Aug. 23, 1988, see

section 1337(d) of Pub. L. 100-418, set out as an Effective Date of

1988 Amendment note under section 1671 of this title.

-CITE-

19 USC Sec. 1677k 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677k. Third-country dumping

-STATUTE-

(a) Definitions

For purposes of this section:

(1)(A) The term ''Agreement'' means the Agreement on

Implementation of Article VI of the GATT 1994 (relating to

antidumping measures).

(B) The term ''GATT 1994'' has the meaning given that term in

section 3501(1)(B) of this title.

(2) The term ''Agreement country'' means a foreign country that

has accepted the Agreement.

(3) The term ''Trade Representative'' means the United States

Trade Representative.

(b) Petition by domestic industry

(1) A domestic industry that produces a product that is like or

directly competitive with merchandise produced by a foreign country

(whether or not an Agreement country) may, if it has reason to

believe that -

(A) such merchandise is being dumped in an Agreement country;

and

(B) such domestic industry is being materially injured, or

threatened with material injury, by reason of such dumping;

submit a petition to the Trade Representative that alleges the

elements referred to in subparagraphs (A) and (B) and requests the

Trade Representative to take action under subsection (c) of this

section on behalf of the domestic industry.

(2) A petition submitted under paragraph (1) shall contain such

detailed information as the Trade Representative may require in

support of the allegations in the petition.

(c) Application for antidumping action on behalf of domestic

industry

(1) If the Trade Representative, on the basis of the information

contained in a petition submitted under paragraph (1), determines

that there is a reasonable basis for the allegations in the

petition, the Trade Representative shall submit to the appropriate

authority of the Agreement country where the alleged dumping is

occurring an application pursuant to Article 12 of the Agreement

which requests that appropriate antidumping action under the law of

that country be taken, on behalf of the United States, with respect

to imports into that country of the merchandise concerned.

(2) At the request of the Trade Representative, the appropriate

officers of the Department of Commerce and the United States

International Trade Commission shall assist the Trade

Representative in preparing the application under paragraph (1).

(d) Consultation after submission of application

After submitting an application under subsection (c)(1) of this

section, the Trade Representative shall seek consultations with the

appropriate authority of the Agreement country regarding the

request for antidumping action.

(e) Action upon refusal of Agreement country to act

If the appropriate authority of an Agreement country refuses to

undertake antidumping measures in response to a request made

therefor by the Trade Representative under subsection (c) of this

section, the Trade Representative shall promptly consult with the

domestic industry on whether action under any other law of the

United States is appropriate.

-SOURCE-

(Pub. L. 100-418, title I, Sec. 1317, Aug. 23, 1988, 102 Stat.

1188; Pub. L. 103-465, title VI, Sec. 621(a)(1), Dec. 8, 1994, 108

Stat. 4992.)

-COD-

CODIFICATION

Section was enacted as part of the Omnibus Trade and

Competitiveness Act of 1988, and not as part of the Tariff Act of

1930 which comprises this chapter.

-MISC3-

AMENDMENTS

1994 - Subsec. (a)(1). Pub. L. 103-465 designated existing

provisions as subpar. (A), substituted ''GATT 1994'' for ''General

Agreement on Tariffs and Trade'', and added subpar. (B).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 621(b) of Pub. L. 103-465 provided that: ''The amendments

made by this section (amending this section and sections 2171,

2411, 2702, 2905, 2906, 3107, 3111, and 3202 of this title) shall

take effect on the date on which the WTO Agreement enters into

force with respect to the United States (Jan. 1, 1995).''

-CITE-

19 USC Sec. 1677l 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677l. Antidumping and countervailing duty collections

-STATUTE-

The Commissioner of Customs shall before the 60th day of each

fiscal year after fiscal year 1994 submit to Congress a report

regarding the collection during the preceding fiscal year of duties

imposed under the antidumping and countervailing duty laws.

-SOURCE-

(Pub. L. 103-182, title VI, Sec. 691(a), Dec. 8, 1993, 107 Stat.

2223.)

-COD-

CODIFICATION

Section was enacted as part of the North American Free Trade

Agreement Implementation Act, and not as part of the Tariff Act of

1930 which comprises this chapter.

-TRANS-

TRANSFER OF FUNCTIONS

For transfer of functions, personnel, assets, and liabilities of

the United States Customs Service of the Department of the

Treasury, including functions of the Secretary of the Treasury

relating thereto, to the Secretary of Homeland Security, and for

treatment of related references, see sections 203(1), 551(d),

552(d), and 557 of Title 6, Domestic Security, and the Department

of Homeland Security Reorganization Plan of November 25, 2002, as

modified, set out as a note under section 542 of Title 6.

-CITE-

19 USC Sec. 1677m 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677m. Conduct of investigations and administrative reviews

-STATUTE-

(a) Treatment of voluntary responses in countervailing or

antidumping duty investigations and reviews

In any investigation under part I or II of this subtitle or a

review under section 1675(a) of this title in which the

administering authority has, under section 1677f-1(c)(2) of this

title or section 1677f-1(e)(2)(A) of this title (whichever is

applicable), limited the number of exporters or producers examined,

or determined a single country-wide rate, the administering

authority shall establish an individual countervailable subsidy

rate or an individual weighted average dumping margin for any

exporter or producer not initially selected for individual

examination under such sections who submits to the administering

authority the information requested from exporters or producers

selected for examination, if -

(1) such information is so submitted by the date specified -

(A) for exporters and producers that were initially selected

for examination, or

(B) for the foreign government, in a countervailing duty case

where the administering authority has determined a single

country-wide rate; and

(2) the number of exporters or producers who have submitted

such information is not so large that individual examination of

such exporters or producers would be unduly burdensome and

inhibit the timely completion of the investigation.

(b) Certification of submissions

Any person providing factual information to the administering

authority or the Commission in connection with a proceeding under

this subtitle on behalf of the petitioner or any other interested

party shall certify that such information is accurate and complete

to the best of that person's knowledge.

(c) Difficulties in meeting requirements

(1) Notification by interested party

If an interested party, promptly after receiving a request from

the administering authority or the Commission for information,

notifies the administering authority or the Commission (as the

case may be) that such party is unable to submit the information

requested in the requested form and manner, together with a full

explanation and suggested alternative forms in which such party

is able to submit the information, the administering authority or

the Commission (as the case may be) shall consider the ability of

the interested party to submit the information in the requested

form and manner and may modify such requirements to the extent

necessary to avoid imposing an unreasonable burden on that party.

(2) Assistance to interested parties

The administering authority and the Commission shall take into

account any difficulties experienced by interested parties,

particularly small companies, in supplying information requested

by the administering authority or the Commission in connection

with investigations and reviews under this subtitle, and shall

provide to such interested parties any assistance that is

practicable in supplying such information.

(d) Deficient submissions

If the administering authority or the Commission determines that

a response to a request for information under this subtitle does

not comply with the request, the administering authority or the

Commission (as the case may be) shall promptly inform the person

submitting the response of the nature of the deficiency and shall,

to the extent practicable, provide that person with an opportunity

to remedy or explain the deficiency in light of the time limits

established for the completion of investigations or reviews under

this subtitle. If that person submits further information in

response to such deficiency and either -

(1) the administering authority or the Commission (as the case

may be) finds that such response is not satisfactory, or

(2) such response is not submitted within the applicable time

limits,

then the administering authority or the Commission (as the case may

be) may, subject to subsection (e) of this section, disregard all

or part of the original and subsequent responses.

(e) Use of certain information

In reaching a determination under section 1671b, 1671d, 1673b,

1673d, 1675, or 1675b of this title the administering authority and

the Commission shall not decline to consider information that is

submitted by an interested party and is necessary to the

determination but does not meet all the applicable requirements

established by the administering authority or the Commission, if -

(1) the information is submitted by the deadline established

for its submission,

(2) the information can be verified,

(3) the information is not so incomplete that it cannot serve

as a reliable basis for reaching the applicable determination,

(4) the interested party has demonstrated that it acted to the

best of its ability in providing the information and meeting the

requirements established by the administering authority or the

Commission with respect to the information, and

(5) the information can be used without undue difficulties.

(f) Nonacceptance of submissions

If the administering authority or the Commission declines to

accept into the record any information submitted in an

investigation or review under this subtitle, it shall, to the

extent practicable, provide to the person submitting the

information a written explanation of the reasons for not accepting

the information.

(g) Public comment on information

Information that is submitted on a timely basis to the

administering authority or the Commission during the course of a

proceeding under this subtitle shall be subject to comment by other

parties to the proceeding within such reasonable time as the

administering authority or the Commission shall provide. The

administering authority and the Commission, before making a final

determination under section 1671d, 1673d, 1675, or 1675b of this

title shall cease collecting information and shall provide the

parties with a final opportunity to comment on the information

obtained by the administering authority or the Commission (as the

case may be) upon which the parties have not previously had an

opportunity to comment. Comments containing new factual

information shall be disregarded.

(h) Termination of investigation or revocation of order for lack of

interest

The administering authority may -

(1) terminate an investigation under part I or II of this

subtitle with respect to a domestic like product if, prior to

publication of an order under section 1671e or 1673e of this

title, the administering authority determines that producers

accounting for substantially all of the production of that

domestic like product have expressed a lack of interest in

issuance of an order; and

(2) revoke an order issued under section 1671e or 1673e of this

title with respect to a domestic like product, or terminate an

investigation suspended under section 1671c or 1673c of this

title with respect to a domestic like product, if the

administering authority determines that producers accounting for

substantially all of the production of that domestic like

product, have expressed a lack of interest in the order or

suspended investigation.

(i) Verification

The administering authority shall verify all information relied

upon in making -

(1) a final determination in an investigation,

(2) a revocation under section 1675(d) of this title, and

(3) a final determination in a review under section 1675(a) of

this title, if -

(A) verification is timely requested by an interested party

as defined in section 1677(9)(C), (D), (E), (F), or (G) of this

title, and

(B) no verification was made under this subparagraph during

the 2 immediately preceding reviews and determinations under

section 1675(a) of this title of the same order, finding, or

notice, except that this clause shall not apply if good cause

for verification is shown.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 782, as added Pub. L.

103-465, title II, Sec. 231(a), Dec. 8, 1994, 108 Stat. 4893.)

-MISC1-

EFFECTIVE DATE

Section effective, except as otherwise provided, on the date on

which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews, and inquiries initiated and petitions

filed under specified provisions of this chapter after such date,

see section 291 of Pub. L. 103-465, set out as an Effective Date of

1994 Amendment note under section 1671 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1677e of this title.

-CITE-

19 USC Sec. 1677n 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

Part IV - General Provisions

-HEAD-

Sec. 1677n. Antidumping petitions by third countries

-STATUTE-

(a) Filing of petition

The government of a WTO member may file with the Trade

Representative a petition requesting that an investigation be

conducted to determine if -

(1) imports from another country are being sold in the United

States at less than fair value, and

(2) an industry in the petitioning country is materially

injured by reason of those imports.

(b) Initiation

The Trade Representative, after consultation with the

administering authority and the Commission and obtaining the

approval of the WTO Council for Trade in Goods, shall determine

whether to initiate an investigation described in subsection (a) of

this section.

(c) Determinations

Upon initiation of an investigation under this section, the Trade

Representative shall request the following determinations be made

according to substantive and procedural requirements specified by

the Trade Representative, notwithstanding any other provision of

this subtitle:

(1) The administering authority shall determine whether imports

into the United States of the subject merchandise are being sold

at less than fair value.

(2) The Commission shall determine whether an industry in the

petitioning country is materially injured by reason of imports of

the subject merchandise into the United States.

(d) Public comment

An opportunity for public comment shall be provided, as

appropriate -

(1) by the Trade Representative, in making the determination

required by subsection (b) of this section, and

(2) by the administering authority and the Commission, in

making the determination required by subsection (c) of this

section.

(e) Issuance of order

If the administering authority makes an affirmative determination

under paragraph (1) of subsection (c) of this section, and the

Commission makes an affirmative determination under paragraph (2)

of subsection (c) of this section, the administering authority

shall issue an antidumping duty order in accordance with section

1673e of this title and take such other actions as are required by

section 1673e of this title.

(f) Reviews of determinations

For purposes of review under section 1516a of this title or

review under section 1675 of this title, if an order is issued

under subsection (e) of this section, the final determinations of

the administering authority and the Commission under this section

shall be treated as final determinations made under section 1673d

of this title.

(g) Access to information

Section 1677f of this title shall apply to investigations under

this section, to the extent specified by the Trade Representative,

after consultation with the administering authority and the

Commission.

-SOURCE-

(June 17, 1930, ch. 497, title VII, Sec. 783, as added Pub. L.

103-465, title II, Sec. 232(a), Dec. 8, 1994, 108 Stat. 4897;

amended Pub. L. 104-295, Sec. 20(b)(17), Oct. 11, 1996, 110 Stat.

3528.)

-MISC1-

AMENDMENTS

1996 - Subsec. (f). Pub. L. 104-295 substituted ''subsection

(e)'' for ''subsection (d)''.

EFFECTIVE DATE

Section effective, except as otherwise provided, on the date on

which the WTO Agreement enters into force with respect to the

United States (Jan. 1, 1995), and applicable with respect to

investigations, reviews, and inquiries initiated and petitions

filed under specified provisions of this chapter after such date,

see section 291 of Pub. L. 103-465, set out as an Effective Date of

1994 Amendment note under section 1671 of this title.

-CITE-

19 USC SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF

CERTAIN CIGARETTES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN

CIGARETTES

.

-HEAD-

SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN

CIGARETTES

-COD-

CODIFICATION

The designation ''SUBTITLE V'' was in the original ''TITLE

VIII'', and was editorially changed in order to conform the

numbering format of this subtitle to the usages employed in the

codification of the remainder of the Tariff Act of 1930.

-CITE-

19 USC Sec. 1681 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN

CIGARETTES

-HEAD-

Sec. 1681. Definitions

-STATUTE-

In this subtitle:

(1) Secretary

Except as otherwise indicated, the term ''Secretary'' means the

Secretary of the Treasury.

(2) Primary packaging

The term ''primary packaging'' refers to the permanent

packaging inside of the innermost cellophane or other transparent

wrapping and labels, if any. Warnings or other statements shall

be deemed ''permanently imprinted'' only if printed directly on

such primary packaging and not by way of stickers or other

similar devices.

-SOURCE-

(June 17, 1930, ch. 497, title VIII, Sec. 801, as added Pub. L.

106-476, title IV, Sec. 4004(a), Nov. 9, 2000, 114 Stat. 2178.)

-MISC1-

EFFECTIVE DATE

Pub. L. 106-476, title IV, Sec. 4004(b), Nov. 9, 2000, 114 Stat.

2181, provided that: ''The amendment made by subsection (a)

(enacting this subtitle) shall take effect 30 days after the date

of the enactment of this Act (Nov. 9, 2000).''

-CITE-

19 USC Sec. 1681a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN

CIGARETTES

-HEAD-

Sec. 1681a. Requirements for entry of certain cigarettes

-STATUTE-

(a) General rule

Except as provided in subsection (b) of this section, cigarettes

may be imported into the United States only if -

(1) the original manufacturer of those cigarettes has timely

submitted, or has certified that it will timely submit, to the

Secretary of Health and Human Services the lists of the

ingredients added to the tobacco in the manufacture of such

cigarettes as described in section 1335a of title 15;

(2) the precise warning statements in the precise format

specified in section 1333 of title 15 are permanently imprinted

on both -

(A) the primary packaging of all those cigarettes; and

(B) any other pack, box, carton, or container of any kind in

which those cigarettes are to be offered for sale or otherwise

distributed to consumers;

(3) the manufacturer or importer of those cigarettes is in

compliance with respect to those cigarettes being imported into

the United States with a rotation plan approved by the Federal

Trade Commission pursuant to section 1333(c) of title 15;

(4) if such cigarettes bear a United States trademark

registered for such cigarettes, the owner of such United States

trademark registration for cigarettes (or a person authorized to

act on behalf of such owner) has consented to the importation of

such cigarettes into the United States; and

(5) the importer has submitted at the time of entry all of the

certificates described in subsection (c) of this section.

(b) Exemptions

Cigarettes satisfying the conditions of any of the following

paragraphs shall not be subject to the requirements of subsection

(a) of this section:

(1) Personal-use cigarettes

Cigarettes that are imported into the United States in personal

use quantities that are allowed entry free of tax and duty under

subchapter IV of chapter 98 of the Harmonized Tariff Schedule of

the United States.

(2) Cigarettes imported into the United States for analysis

Cigarettes that are imported into the United States solely for

the purpose of analysis in quantities suitable for such purpose,

but only if the importer submits at the time of entry a

certificate signed, under penalties of perjury, by the consignee

(or a person authorized by such consignee) providing such facts

as may be required by the Secretary to establish that such

consignee is a manufacturer of cigarettes, a Federal or State

government agency, a university, or is otherwise engaged in bona

fide research and stating that such cigarettes will be used

solely for analysis and will not be sold in domestic commerce in

the United States.

(3) Cigarettes intended for noncommercial use, reexport, or

repackaging

Cigarettes -

(A) for which the owner of such United States trademark

registration for cigarettes (or a person authorized to act on

behalf of such owner) has consented to the importation of such

cigarettes into the United States; and

(B) for which the importer submits a certificate signed by

the manufacturer or export warehouse (or a person authorized by

such manufacturer or export warehouse) to which such cigarettes

are to be delivered (as provided in subparagraph (A)) stating,

under penalties of perjury, with respect to those cigarettes,

that it will not distribute those cigarettes into domestic

commerce unless prior to such distribution all steps have been

taken to comply with paragraphs (1), (2), and (3) of subsection

(a) of this section, and, to the extent applicable, section

5754(a)(1) (B) and (C) of title 26.

For purposes of this section, a trademark is registered in the

United States if it is registered in the United States Patent and

Trademark Office under the provisions of title I of the Act of July

5, 1946 (15 U.S.C. 1051 et seq.) (popularly known as the

''Trademark Act of 1946''), and a copy of the certificate of

registration of such mark has been filed with the Secretary. The

Secretary shall make available to interested parties a current list

of the marks so filed.

(c) Customs certifications required for cigarette imports

The certificates that must be submitted by the importer of

cigarettes at the time of entry in order to comply with subsection

(a)(5) of this section are -

(1) a certificate signed by the manufacturer of such cigarettes

or an authorized official of such manufacturer stating under

penalties of perjury, with respect to those cigarettes, that such

manufacturer has timely submitted, and will continue to submit

timely, to the Secretary of Health and Human Services the

ingredient reporting information required by section 1335a of

title 15;

(2) a certificate signed by such importer or an authorized

official of such importer stating under penalties of perjury that

-

(A) the precise warning statements in the precise format

required by section 1333 of title 15 are permanently imprinted

on both -

(i) the primary packaging of all those cigarettes; and

(ii) any other pack, box, carton, or container of any kind

in which those cigarettes are to be offered for sale or

otherwise distributed to consumers; and

(B) with respect to those cigarettes being imported into the

United States, such importer has complied, and will continue to

comply, with a rotation plan approved by the Federal Trade

Commission pursuant to section 1333(c) of title 15; and

(3)(A) if such cigarettes bear a United States trademark

registered for cigarettes, a certificate signed by the owner of

such United States trademark registration for cigarettes (or a

person authorized to act on behalf of such owner) stating under

penalties of perjury that such owner (or authorized person)

consents to the importation of such cigarettes into the United

States; and

(B) a certificate signed by the importer or an authorized

official of such importer stating under penalties of perjury that

the consent referred to in subparagraph (A) is accurate, remains

in effect, and has not been withdrawn.

The Secretary may provide by regulation for the submission of

certifications under this section in electronic form if, prior to

the entry of any cigarettes into the United States, the person

required to provide such certifications submits to the Secretary a

written statement, signed under penalties of perjury, verifying the

accuracy and completeness of all information contained in such

electronic submissions.

-SOURCE-

(June 17, 1930, ch. 497, title VIII, Sec. 802, as added Pub. L.

106-476, title IV, Sec. 4004(a), Nov. 9, 2000, 114 Stat. 2178.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (b)(1), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

The Trademark Act of 1946, referred to in subsec. (b), is act

July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly

known as the Lanham Act. Title I of the Act is classified generally

to subchapter I (Sec. 1051 et seq.) of chapter 22 of Title 15,

Commerce and Trade. For complete classification of this Act to the

Code, see Short Title note set out under section 1051 of Title 15

and Tables.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1681b of this title.

-CITE-

19 USC Sec. 1681b 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN

CIGARETTES

-HEAD-

Sec. 1681b. Enforcement

-STATUTE-

(a) Civil penalty

Any person who violates a provision of section 1681a of this

title shall, in addition to the tax and any other penalty provided

by law, be liable for a civil penalty for each violation equal to

the greater of $1,000 or 5 times the amount of the tax imposed by

chapter 52 of the Internal Revenue Code of 1986 on all cigarettes

that are the subject of such violation.

(b) Forfeitures

Any tobacco product, cigarette papers, or tube that was imported

into the United States or is sought to be imported into the United

States in violation of, or without meeting the requirements of,

section 1681a of this title shall be forfeited to the United

States. Notwithstanding any other provision of law, any product

forfeited to the United States pursuant to this subtitle shall be

destroyed.

-SOURCE-

(June 17, 1930, ch. 497, title VIII, Sec. 803, as added Pub. L.

106-476, title IV, Sec. 4004(a), Nov. 9, 2000, 114 Stat. 2180.)

-REFTEXT-

REFERENCES IN TEXT

Chapter 52 of the Internal Revenue Code of 1986, referred to in

subsec. (a), is classified to section 5701 et seq. of Title 26,

Internal Revenue Code.

-CITE-