Title 19 — Customs Duties
Part IV · Chapter 4 — Tariff Act of 1930
§ 1677. Definitions; special rules
Statutory text
For purposes of this subtitle—
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.
Commission
The term “Commission” means the United States International Trade Commission.
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.
Industry
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.
Related parties
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.
For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if—
the producer directly or indirectly controls the exporter or importer,
the exporter or importer directly or indirectly controls the producer,
a third party directly or indirectly controls the producer and the exporter or importer, or
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.
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—
the producers within such market sell all or almost all of their production of the domestic like product in question in that market, and
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.
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.
Industry producing processed agricultural products
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—
the processed agricultural product is produced from the raw agricultural product through a single continuous line of production; and
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).
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—
the raw agricultural product is substantially or completely devoted to the production of the processed agricultural product; and
the processed agricultural product is produced substantially or completely from the raw product.
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—
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
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.
Raw agricultural product
For purposes of this subparagraph, the term “raw agricultural product” means any farm or fishery product.
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.
Countervailable subsidy
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).
Subsidy described
A subsidy is described in this paragraph in the case in which an authority—
provides a financial contribution,
provides any form of income or price support within the meaning of Article XVI of the GATT 1994, or
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.
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.
Financial contribution
The term “financial contribution” means—
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,
foregoing or not collecting revenue that is otherwise due, such as granting tax credits or deductions from taxable income,
providing goods or services, other than general infrastructure, or
purchasing goods.
Benefit conferred
A benefit shall normally be treated as conferred where there is a benefit to the recipient, including—
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,
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,
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
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.
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.
Specificity
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).
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.
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.
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:
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.
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—
eligibility is automatic,
the criteria or conditions for eligibility are strictly followed, and
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.
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:
The actual recipients of the subsidy, whether considered on an enterprise or industry basis, are limited in number.
An enterprise or industry is a predominant user of the subsidy.
An enterprise or industry receives a disproportionately large amount of the subsidy.
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.
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.
Categories of noncountervailable subsidies
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.
Research subsidy
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—
the costs of researchers, technicians, and other supporting staff employed exclusively in the research activity,
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,
the costs of consultancy and equivalent services used exclusively for the research activity, including costs for bought-in research, technical knowledge, and patents,
additional overhead costs incurred directly as a result of the research activity, and
other operating costs (such as materials and supplies) incurred directly as a result of the research activity.
Definitions
For purposes of this subparagraph—
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.
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.
Calculation rules
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).
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.
Subsidy to disadvantaged regions
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:
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.
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.
The criteria described in subclause (II) include a measurement of economic development.
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).
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:
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.
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.
Definitions
For purposes of this subparagraph—
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.
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.
Subsidy for adaptation of existing facilities to new environmental requirements
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—
is a one-time nonrecurring measure,
is limited to 20 percent of the cost of adaptation,
does not cover the cost of replacing and operating the subsidized investment, a cost that must be fully borne by the recipient,
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
is available to all persons that can adopt the new equipment or production processes.
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.
Notified subsidy program
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.
Exception
Notwithstanding clause (i), a subsidy shall be treated as countervailable if—
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
the subsidy is specific within the meaning of paragraph (5A).
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.
Provisional application
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.
Subparagraph (F) shall not apply to imports from a WTO member country at the end of the 9-year period beginning on . 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.
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—
any application fee, deposit, or similar payment paid in order to qualify for, or to receive, the benefit of the countervailable subsidy,
any loss in the value of the countervailable subsidy resulting from its deferred receipt, if the deferral is mandated by Government order, and
export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the countervailable subsidy received.
Material injury
In general
The term “material injury” means harm which is not inconsequential, immaterial, or unimportant.
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—
shall consider—
the volume of imports of the subject merchandise,
the effect of imports of that merchandise on prices in the United States for domestic like products, and
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
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.
Evaluation of relevant factors
For purposes of subparagraph (B)—
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.
Price
In evaluating the effect of imports of such merchandise on prices, the Commission shall consider whether—
there has been significant price underselling by the imported merchandise as compared with the price of domestic like products of the United States, and
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.
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—
actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity,
factors affecting domestic prices,
actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment,
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
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.
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—
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, and
the domestic like product is the predominant material input 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.
Special rules for agricultural products
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.
In the case of agricultural products, the Commission shall consider any increased burden on government income or price support programs.
Special rules
For purposes of this paragraph—
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.
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.
Threat of material injury
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—
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,
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,
a significant rate of increase of the volume or market penetration of imports of the subject merchandise indicating the likelihood of substantially increased imports,
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,
inventories of the subject merchandise,
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,
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),
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
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).
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.
Effect of dumping in third-country markets
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.
WTO member market
For purposes of this clause, the term “WTO member market” means the market of any country which is a WTO member.
European Communities
For purposes of this clause, the European Communities shall be treated as a foreign country.
Cumulation for determining material injury
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—
petitions were filed under section 1671a(b) or 1673a(b) of this title on the same day,
investigations were initiated under section 1671a(a) or 1673a(a) of this title on the same day, or
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.
Exceptions
The Commission shall not cumulatively assess the volume and effect of imports under clause (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;
from any country with respect to which the investigation has been terminated;
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
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 , unless the Commission determines that a domestic industry is materially injured or threatened with material injury by reason of imports from that country.
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.
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.
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—
petitions were filed under section 1671a(b) or 1673a(b) of this title on the same day,
investigations were initiated under section 1671a(a) or 1673a(a) of this title on the same day, or
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.
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.
Effect of profitability
The Commission may not determine that there is no material injury or threat of material injury to an industry in the United States merely because that industry is profitable or because the performance of that industry has recently improved.
Subsidies Agreement; Agreement on Agriculture
Subsidies Agreement
The term “Subsidies Agreement” means the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of this title.
Agreement on Agriculture
The term “Agreement on Agriculture” means the Agreement on Agriculture referred to in section 3511(d)(2) of this title.
Interested party
The term “interested party” means—
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,
the government of a country in which such merchandise is produced or manufactured or from which such merchandise is exported,
a manufacturer, producer, or wholesaler in the United States of a domestic like product,
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,
a trade or business association a majority of whose members manufacture, produce, or wholesale a domestic like product in the United States,
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
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—
processors,
processors and producers, or
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.
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.
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—
material injury to an industry in the United States,
threat of material injury to such an industry, or
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.
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.
Repealed. Pub. L. 103–465, title II, § 222(i)(2), , 108 Stat. 4876
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—
to all purchasers in commercial quantities, or
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.
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:
Sales disregarded under section 1677b(b)(1) of this title.
Transactions disregarded under section 1677b(f)(2) of this title.
Situations in which the administering authority determines that the particular market situation prevents a proper comparison with the export price or constructed export price.
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:
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.
Merchandise—
produced in the same country and by the same person as the subject merchandise,
like that merchandise in component material or materials and in the purposes for which used, and
approximately equal in commercial value to that merchandise.
Merchandise—
produced in the same country and by the same person and of the same general class or kind as the subject merchandise,
like that merchandise in the purposes for which used, and
which the administering authority determines may reasonably be compared with that merchandise.
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.
Nonmarket economy country
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.
Factors to be considered
In making determinations under subparagraph (A) the administering authority shall take into account—
the extent to which the currency of the foreign country is convertible into the currency of other countries; 1
the extent to which wage rates in the foreign country are determined by free bargaining between labor and management,
the extent to which joint ventures or other investments by firms of other foreign countries are permitted in the foreign country,
the extent of government ownership or control of the means of production,
the extent of government control over the allocation of resources and over the price and output decisions of enterprises, and
such other factors as the administering authority considers appropriate.
Determination in effect
Any determination that a foreign country is a nonmarket economy country shall remain in effect until revoked by the administering authority.
The administering authority may make a determination under subparagraph (A) with respect to any foreign country at any time.
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.
Collection of information
Upon request by the administering authority, the Commissioner of U.S. Customs and Border Protection shall provide the administering authority a copy of all public and proprietary information submitted to, or obtained by, the Commissioner of U.S. Customs and Border Protection 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.
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—
the terms of the lease,
commercial practice within the industry,
the circumstances of the transaction,
whether the product subject to the lease is integrated into the operations of the lessee or importer,
whether in practice there is a likelihood that the lease will be continued or renewed for a significant period of time, and
other relevant factors, including whether the lease transaction would permit avoidance of antidumping or countervailing duties.
Application to governmental importations
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.
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—
the merchandise is acquired by, or for use of, such Department—
from a country with which such Department had a Memorandum of Understanding which was in effect on , and has continued to have a comparable agreement (including renewals) or superceding agreements, and
in accordance with terms of the Memorandum of Understanding in effect at the time of importation, or
the merchandise has no substantial nonmilitary use.
United States-Canada Agreement
The term “United States-Canada Agreement” means the United States-Canada Free-Trade Agreement.
USMCA
The term “USMCA” has the meaning given that term in section 4502 of this title.
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.
Negligible imports
In general
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—
the filing of the petition under section 1671a(b) or 1673a(b) of this title, or
the initiation of the investigation, if the investigation was initiated under section 1671a(a) or 1673a(a) of this title.
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.
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).
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.
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).
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.
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.
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.
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.
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.
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.
WTO Agreement
The term “WTO Agreement” means the Agreement defined in section 3501(9) of this title.
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.
GATT 1994
The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement.
Trade representative
The term “Trade Representative” means the United States Trade Representative.
Affiliated persons
The following persons shall be considered to be “affiliated” or “affiliated persons”:
Members of a family, including brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants.
Any officer or director of an organization and such organization.
Partners.
Employer and employee.
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.
Two or more persons directly or indirectly controlling, controlled by, or under common control with, any person.
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.
Dumped; dumping
The terms “dumped” and “dumping” refer to the sale or likely sale of goods at less than fair value.
Dumping margin; weighted average dumping margin
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.
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.
Magnitude of the margin of dumping
The magnitude of the margin of dumping used by the Commission shall be—
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;
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;
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
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.
Developing and least developed country
Developing country
The term “developing country” means a country designated as a developing country by the Trade Representative.
Least developed country
The term “least developed country” means a country which the Trade Representative determines is—
a country referred to as a least developed country within the meaning of paragraph (a) of Annex VII to the Subsidies Agreement, or
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.
Publication of list
The Trade Representative shall publish in the Federal Register, and update as necessary, a list of—
developing countries that have eliminated their export subsidies on an expedited basis within the meaning of Article 27.11 of the Subsidies Agreement, and
countries determined by the Trade Representative to be least developed or developing countries.
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.
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.
Footnotes
- 1 So in original. The semicolon probably should be a comma.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Trade Agreements Act of 1979
Pub. L. 96–39 title I § 101 · 93 Stat. 144
Enacted · 19 U.S.C. § 1677
June 17, 1930, ch. 497, title VII, § 771, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 176
Source evidence
Code source credit
June 17, 1930, ch. 497, title VII, § 771, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 176Enacted provision · exact public law section
SEC. 101. ADDITION OF NEW COUNTERVAILING AND ANTIDUMPING DUTIES TITLE TO TARIFF ACT OF 1930. The Tariff Act of 1930 is amended by adding at the end thereof the following new title: “TITLE VII— COUNTERVAILING AND ANTIDUMPING DUTIES “Subtitle A— Imposition of Countervailing Duties “Sec. 701. Countervailing duties imposed. “Sec. 702. Procedures for initiating a countervailing duty investigation. “Sec. 703. Preliminary determinations. “Sec. 704. Termination or suspension of investigation. “Sec. 705. Final determinations. “Sec. 70S. Assessment of duty. “Sec. 707. Treatment of difference between deposit of estimated countervailing duty and final assessed duty under countervailing duty order. “Subtitle B— Imposition of Antidumping Duties “Sec. 731. Antidumping duties imposed. “Sec. 732. Procedures for initiating an antidumping duty investigation. “Sec. 733. Preliminary determinations. “Sec. 734. Termination or suspension of investigation. “Sec. 735. Final determinations. “Sec. 736. Assessment of duty. “Sec. 737. Treatment of difference between deposit of estimated antidumping duty and final assessed duty under antidumping duty order. “Sec. 738. Conditional payment of antidumping duty. “Sec. 739. Duties of customs officers. “Sec. 740. Antidumping duty treated as regular duty for drawback purposes. “Subtitle C— Review of Determinations “Sec. 751. Administrative review of determinations. “Subtitle D— General Provisions “Sec. 771. Definitions; special rules. “Sec. 772. United States price. “Sec. 773. Foreign market value. “Sec. 774 , Hearings. “Sec. 775. Subsidy practices discovered during an investigation. “Sec. 776. Verification of information. “Sec. 777. Access to information. “Sec. 778. Interest on certain overpayments and underpayments. “Subtitle A— Imposition of Countervailing Duties “SEC. 701. COUNTERVAILING DUTIES IMPOSED. “(a) General Rule.— If— “(1) the administering authority determines that— “(A) a country under the Agreement, or “(B) a person who is a citizen or national of such a country, or a corporation, association, or other organization organized in such a country, is providing, directly or indirectly, a subsidy with respect to the manufacture, production, or exportation of a class or kind of merchandise imported into the United States, 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, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net subsidy. “(b) Country Under the Agreement.— For purposes of this subtitle, the term ‘country under the Agreement’ means a country— “(1) between the United States and which the Agreement on Subsidies and Countervailing Measures applies, as determined under section 2(b) of the Trade Agreements Act of 1979, “(2) which has assumed obligations with respect to the United States which are substantially equivalent to obligations under the Agreement, as determined by the President, or “(3) with respect to which the President determines that— “(A) there is an agreement in effect between the United States and that country which— “(i) was in force on June 19, 1979, and “(ii) requires unconditional most-favored-nation treatment with respect to articles imported into the United States, “(B) the General Agreement on Tariffs and Trade does not apply between the United States and that country, and “(C) the agreement described in subparagraph (A) does not expressly permit— “(i) actions required or permitted by the General Agreement on Tariffs and Trade, or required by the Congress, or “(ii) nondiscriminatory prohibitions or restrictions on importation which are designed to prevent deceptive or unfair practices. “(c) Cross Reference.— “For provisions of law applicable in the case of merchandise which is the product of a country other than a country under the Agreement, see section 303 of this Act “SEC. 702. PROCEDURES FOR INITIATING A COUNTERVAILING DUTY INVESTIGATION. “(a) Initiation by Administering Authority.— A countervailing duty investigation shall be commenced 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 701(a) exist. “(b) Initiation by Petition.— “(1) Petition requirements.— A countervailing duty proceeding shall be commenced whenever an interested party described in Post, p. 176. subparagraph (C), (D), or (E) of section 771(9) 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 701(a), 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. “(c) Petition Determination.— Within 20 days after the date on which a petition is filed under subsection (b), the administering authority shall— “(1) determine whether the petition alleges the elements necessary for the imposition of a duty under section 701(a) and contains information reasonably available to the petitioner supporting the allegations, “(2) if the determination is affirmative, commence an investigation to determine whether a subsidy is being provided with respect to the class or kind of merchandise described in the petition, and provide for the publication of notice of the determination to commence an investigation 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. “(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), 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. SEC. 703. PRELIMINARY DETERMINATIONS. “(a) Determination by Commission of Reasonable Indication of Injury.— Except in the case of a petition dismissed by the administering authority under section 702(c)(3), the Commission, within 45 days after the date on which a petition is filed under section 702(b) or on which it receives notice from the administering authority of an investigation commenced under section 702(a), 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. “(b) Preliminary Determination by Administering Authority.— Within 85 days after the date on which a petition is filed under section 702(b), or an investigation is commenced under section 702(a), 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 a subsidy is being provided with respect to the merchandise which is the subject of the investigation. If the determination of the administering authority under this subsection is affirmative, the determination shall include an estimate of the net subsidy. “(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), 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 alleged subsidy practices; “(II) the novelty of the issues presented; “(III) the need to determine the extent to which particular subsidies are used by individual manufacturers, producers, and exporters; or “(IV) 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) until not later than the 150th day after the date on which a petition is filed under section 702(b), or an investigation is commenced under section 702(a). “(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), if it intends to postpone making the preliminary determination under paragraph (1). The notification shall include an explanation of the reasons for the postponement. Notice of the postponement shall Publication in Federal Register. 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) is affirmative, the administering authority— “(1) 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 date of publication of the notice of the determination in the Federal Register, “(2) 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 amount of the net subsidy, and “(3) shall make available to the Commission all information upon which its 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. “(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 determine, on the basis of the best information available to it at that time, whether there is a reasonable basis to believe or suspect that— “(A) the alleged subsidy is inconsistent with the Agreement, 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. “(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)(1) 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 date which is 90 days before the date on which suspension of liquidation was first ordered. “(f) Notice of Determinations.— 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. “SEC. 704. TERMINATION OR SUSPENSION OF INVESTIGATION. “(a) Termination of Investigation on Withdrawal of Petition.— An investigation under this subtitle 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 703(b). “(b) Agreements To Eliminate or Offset Completely a Subsidy or To Cease Exports of Subsidized Merchandise.— The administering authority may suspend an investigation if the government of the country in which the subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the merchandise which is the subject of the investigation agree— “(1) to eliminate the subsidy completely or to offset completely the amount of the net subsidy, with respect to that merchandise exported directly or indirectly to the United States, within 6 months after the date on which the investigation is suspended, or “(2) to cease exports of that merchandise to the United States within 6 months after the date on which the investigation is suspended. “(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 from a government described in subsection (b), or from exporters described in subsection (b), if the agreement will eliminate completely the injurious effect of exports to the United States of the merchandise which is the subject of the investigation. “(2) Certain additional requirements.— Except in the case of an agreement by a foreign government to restrict the volume of imports of the merchandise which is the subject of the investigation into the United States, the administering authority may not accept an agreement under this subsection unless— “(A) the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented, and “(B) at least 85 percent of the net subsidy will be offset. “(3) Quantitative restrictions agreements.— The administering authority may accept an agreement with a foreign government under this subsection to restrict the volume of imports of merchandise which is the subject of an investigation into the United States, but it may not accept such an agreement with exporters. “(4) Definition of extraordinary circumstances.— “(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.— For purposes of this paragraph, the term ‘complex’ means— “(i) there are a large number of alleged subsidy practices and the practices are complicated, “(ii) the issues raised are novel, or “(iii) the number of exporters involved is large. “(d) Additional Rules and Conditions.— “(1) Public interest; monitoring.— The administering authority shall not accept an agreement under subsection (b) or (c) unless— “(A) it is satisfied that suspension of the investigation is in the public interest, and “(B) effective monitoring of the agreement by the United States is practicable. “(2) Exports of merchandise to united states not to increase during interim period.— The administering authority may not accept any agreement under subsection (b) unless that agreement provides a means of ensuring that the quantity of the merchandise covered by that agreement exported to the United States during the period provided for elimination or offset of the subsidy or cessation of exports does not exceed the quantity of such merchandise exported to the United States during the most recent representative period determined by the administering authority. “(3) Regulations governing entry or withdrawals.— In order to carry out an agreement concluded under subsection (b) or (c), the administering authority is authorized to prescribe regulations governing the entry, or withdrawal from warehouse, for consumption of merchandise covered by such agreement. “(e) Suspension of Investigation Procedure.— Before an investigation may be suspended under subsection (b) or (c) 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 (including any action required of foreign governments), and of how the agreement will meet the requirements of subsections (b) and (d) or (c) and (d), and “(3) permit all parties to the investigation 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). “(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), then— “(A) it shall suspend the investigation, publish notice of suspension of the investigation, and issue an affirmative preliminary determination under section 703(b) with respect to the merchandise which is the subject of the investigation, 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 net subsidy.— If the agreement accepted by the administering authority is an agreement described in subsection (b), then— “(i) notwithstanding the affirmative preliminary determination required under paragraph (1)(A), the liquidation of entries of merchandise which is the subject of the investigation shall not be suspended under section 703(d)(1), “(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 703(d)(1). “(B) Other agreements.— If the agreement accepted by the administering authority is an agreement described in subsection (c), then the liquidation of entries of the merchandise which is the subject of the investigation shall be suspended under section 703(d)(1), 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), but the security required under section 703(d)(2) may be adjusted to reflect the effect of the agreement. “(3) Where investigation is continued.— If, pursuant to subsection (g), the administering authority and the Commission continue an investigation in which an agreement has been accepted under subsection (b) or (c), then— “(A) if the final determination by the administering authority or the Commission under section 705 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), 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 subsidy practice is alleged to occur, or “(2) an interested party described in subparagraph (C), (D), or (E) of section 771(9) which is a party to the investigation, Post, p. 176. 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), an interested party which is a party to the investigation and which is described in subparagraph (C), (D), or (E) of section 771(9) 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 merchandise which is the subject of the investigation 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 703(b) had been made on that date. “(3) Suspension of liquidation to continue during review period.— The suspension of liquidation of entries of the merchandise Publication in Federal Register. which is the subject of the investigation 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 703(d)(1),and “(B) release any bond or other security, and refund any cash deposit, required under section 703(d)(2), “(i) Violation of Agreement.— “(1) In general.— If the administering authority determines that an agreement accepted under subsection (b) or (c) is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1), of elimination of injury) and subsection (d), then, on the date of publication of its determination, it shall— “(A) suspend liquidation under section 703(d)(1) 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), 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 703(b) were made on the date of its determination under this paragraph, “(C) if the investigation was completed under subsection (g), issue a countervailing duty order under section 706(a) effective with respect to entries of merchandise the liquidation of which was suspended, and “(D) 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) 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 592(a) 19 USC 1592. of this Act. “(j) Determination Not to Take Agreement Into Account.— In making a final determination under section 705, or in conducting a review under section 751, in a case in which the administering authority has terminated a suspension of investigation under subsection (f)(1), or continued an investigation under subsection (g), the Commission and the administering authority shall consider all of the merchandise which is the subject of the investigation, without regard to the effect of any agreement under subsection (b) or (c). “SEC. 705. FINAL DETERMINATIONS. “(a) Final Determination by Administering Authority.— “(1) In general.— Within 75 days after the date of its preliminary determination under section 703(b), the administering authority shall make a final determination of whether or not a subsidy is being provided with respect to the merchandise. “(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 703(e), shall also contain a finding as to whether— “(A) the subsidy is inconsistent with the Agreement, and “(B) there have been massive imports of the class or kind of merchandise involved over a relatively short period. “(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 of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a). “(2) Period for injury determination following affirmative preliminary determination by administering authority.— If the preliminary determination by the administering authority under section 703(b) 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 703(b), or “(B) the 45th day after the day on which the administering authority makes its affirmative final determination under subsection (a). “(3) Period for injury determination following negative preliminary determination by administering authority.— If the preliminary determination by the administering authority under section 703(b) is negative, and its final determination under subsection (a) 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) If the finding of the administering authority under subsection (a)(2) 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. “(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) 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) 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, and “(B) in cases where the preliminary determination by the administering authority under section 703(b) was negative, the administering authority shall order under paragraphs (1) and (2) of section 703(d) the suspension of liquidation and the posting of a cash deposit, bond, or other security. “(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) are affirmative, then the administering authority shall issue a countervailing duty order under section 706(a). 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 703(d)(1), and “(B) release any bond or other security and refund any cash deposit required under section 703(d)(2). “(3) Effect of negative determinations under subsections (a)(2) and (b)(4)(A).— If the determination of the administering authority or the Commission under subsection (a)(2) and (b)(4)(A), respectively, is negative, then the administering authority shall— “(A) terminate any retroactive suspension of liquidation required under section 703(e)(2), and “(B) release any bond or other security, and refund any cash deposit required, under section 703(d)(2) with respect to entries of the merchandise the liquidation of which was suspended retroactively under section 703(e)(2). “(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. “SEC. 706. ASSESSMENT OF DUTY. “(a) Publication of Countervailing Duty Order.— Within 7 days after being notified by the Commission of an affirmative determination under section 705(b), 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 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 class or kind of merchandise to which it applies, 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 705(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 703(d)(1), 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 703(d)(1), shall be subject to the imposition of countervailing duties under section 701(a). “(2) Special rule.— If the Commission, in its final determination under section 705(b), 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 705(b) shall be subject to the imposition of countervailing duties under section 701(a), 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. “SEC. 707. TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMATED COUNTERVAILING DUTY AND FINAL ASSESSED DUTY UNDER COUNTERVAILING DUTY ORDER. “(a) Deposit of Estimated Countervailing Duty Under Section 703(d)(2).— 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 703(d)(2) is different from the amount of the countervailing duty determined under a countervailing duty order issued under section 706, 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 705(b) 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 op Estimated Countervailing Duty Under Section 706(a)(3).— If the amount of an estimated countervailing duty deposited under section 706(a)(3) is different from the amount of the countervailing duty determined under a countervailing duty order issued under section 706, 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 705(b) is published shall be— “(1) collected, to the extent that the deposit under section 706(a)(3) is lower than the duty determined under the order, or “(2) refunded, to the extent that the deposit under section 706(a)(3) is higher than the duty determined under the order, Post, p. 188. together with interest as provided by section 778. “Subtitle B— Imposition of Antidumping Duties “SEC. 731. ANTIDUMPING DUTIES IMPOSED. “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, 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 foreign market value exceeds the United States price for the merchandise. “SEC. 732. PROCEDURES FOR INITIATING AN ANTIDUMPING DUTY INVESTIGATION. “(a) Initiation by Administering Authority.— An antidumping duty investigation shall be commenced 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 731 exist. “(b) Initiation by Petition.— “(1) Petition requirements.— An antidumping proceeding shall be commenced whenever an interested party described in subparagraph (C), (D), or (E) of section 771(9) 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 731, 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. “(c) Petition Determination.— Within 20 days after the date on which a petition is filed under subsection (b), the administering authority shall— “(1) determine whether the petition alleges the elements necessary for the imposition of a duty under section 731 and contains information reasonably available to the petitioner supporting the allegations. “(2) if the determination is affirmative, commence an investigation Publication in Federal Register. to determine whether the class or kind of merchandise described tn 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, Publication in Federal Register. 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. “(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), and “(2) if the determination is affirmative, make available to the Availability of information. 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. “SEC. 733. PRELIMINARY DETERMINATIONS. “(a) Determination by Commission of Reasonable Indication of Injury.— Except in the case of a petition dismissed by the administering authority under section 732(c)(3), the Commission, within 45 days after the date on which a petition is filed under section 732(b) or on which it receives notice from the administering authority of an investigation commenced under section 732(a), 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. “(b) Preliminary Determination by Administering Authority.— “(1) Period of antidumping duty investigation.— Within 160 days after the date on which a petition is filed under section 732(b), or an investigation is commenced under section 732(a), 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. “(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 GO 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 non-confidential information and all other information which is disclosed pursuant to section 777. Within 3 days (not counting Saturdays, Sundays, or legal public holidays) after such disclosure, the petitioner and each party which is Post, p. 187. an interested party described in subparagraph (C), (D), or (E) of section 771(9) 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), or (E) of section 771(9) 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 commencement of the investigation on the basis of the record established during the first 60 days after the investigation was commenced. “(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), 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) until not later than the 210th day after the date on which a petition is filed under section 732(b), or an investigation is commenced under section 732(a), “(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), if it intends to postpone making the preliminary determination under paragraph Publication in Federal Register. (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) is affirmative, the administering authority— “(1) 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 date of publication of the notice of the determination in the Federal Register, “(2) 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 “(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. “(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 determine, on the basis of the best 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 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. “(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)(1) 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 date which is 90 days before the date on which suspension of liquidation was first ordered. “(f) Notice of Determinations.— Whenever the Commission or the Publication in Federal Register. 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. “SEC. 734. TERMINATION OR SUSPENSION OF INVESTIGATION. “(a) Termination of Investigation on Withdrawal of Petition.— An investigation under this subtitle 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 733(b). “(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 merchandise which is the subject of the investigation 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 foreign market value of the merchandise which is the subject of the agreement exceeds the United States 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 merchandise which is the subject of the investigation 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 foreign market value exceeds the United States price will not exceed 15 percent of the weighted average amount by which the estimated foreign market value exceeded the United States price for all less-than-fair-value entries of the exporter examined during the course of the investigation. “(2) Definition of extraordinary circumstances.— “(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.— 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.— “(1) Public interest; monitoring.— The administering authority shall not accept an agreement under subsection (b) or (c) unless— “(A) it is satisfied that suspension of the investigation is in the public interest, and “(B) effective monitoring of the agreement by the United States is practicable. “(2) Exports of merchandise to united states not to increase during interim period.— The administering authority may not accept any agreement under subsection (b)(1) unless that agreement provides a means of ensuring that the quantity of the merchandise covered by the agreement exported to the United States during the period provided for cessation of exports does not exceed the quantity of such merchandise exported to the United States during the most recent representative period determined by the administering authority. “(e) Suspension of Investigation Procedure.— Before an investigation may be suspended under subsection (b) or (c) the administering authority shall— “(1) notify the petitioner of, and consult with the petitioner Notification. 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 Copies of proposed agreement. 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), and “(3) permit all parties to the investigation to submit comments Submittal of comments and information. and information for the record before the date on which notice of suspension of the investigation is published under subsection (f)(1)(A). “(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), then— “(A) it shall suspend the investigation, publish notice of Notice. suspension of the investigation, and issue an affirmative preliminary determination under section 733(b) with respect to the merchandise which is the subject of the investigation, 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 lb), then— “(i) notwithstanding the affirmative preliminary determination required under paragraph (1)(A), the liquidation of entries of merchandise which is the subject of the investigation shall not be suspended under section 733(d)(1), “(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 733(d)(2). “(B) Other agreements.— If the agreement accepted by the administering authority is an agreement described in subsection (c), the liquidation of entries of the merchandise subject to the investigation shall be suspended under section 733(d)(1), 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), but the security required under section 733(d)(2) may be adjusted to reflect the effect of the agreement. “(3) Where investigation is continued.— If, pursuant to subsection (g), the administering authority and the Commission continue an investigation in which an agreement has been accepted under subsection (b) or (c), then— “(A) if the final determination by the administering authority or the Commission under section 735 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), 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 merchandise which is the subject of the investigation, or “(2) an interested party described in subparagraph (C), (D), or (E) of section 771(9) 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), an interested party which is a party to the investigation and which is described in subparagraph (C), (D), or (E) of section 771(9) 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 merchandise which is the subject of the investigation 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 733(b) had been made on that date. “(3) Suspension of liquidation to continue during review period.— The suspension of liquidation of entries of the merchandise which is the subject of the investigation 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 733(d)(1), and “(B) release any bond or other security, and refund any cash deposit, required under section 733(d)(2). “(i) Violation of Agreement.— “(1) In general.— If the administering authority determines that an agreement accepted under subsection (b) or (c) is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1), of elimination of injury) and subsection (d), then, on the date of publication of its determination, it shall— “(A) suspend liquidation under section 733(d)(1) 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), 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), issue an antidumping duty order under section 736(a) effective with respect to entries of merchandise liquidation of which was suspended, and “(D) notify the petitioner, interested parties who are or Notification. 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) 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 592(a) of this Act. 19 USC 1592. “(j) Determination Not To Take Agreement Into Account.— In making a final determination under section 735, or in conducting a review under section 751, in a case in which the administering authority has terminated a suspension of investigation under subsection (i)(1), or continued an investigation under subsection (g), the Commission and the administering authority shall consider all of the merchandise which is the subject of the investigation without regard to the effect of any agreement under subsection Cb) or (c). “SEC. 735. FINAL DETERMINATIONS. “(a) Final Determination by Administering Authority.— “(1) General rule.— Within 75 days after the date of its preliminary determination under section 733(b), the administering authority shall make a final determination of whether the merchandise which was the subject of the investigation 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 733(b) 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 733(b) was affirmative, or “(B) the petitioner, in a proceeding in which the preliminary determination by the administering authority under section 733(b) 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 733(e), shall also contain a finding of whether— “(A) (i) there is a history of dumping in the United States or elsewhere of the class or kind of 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 merchandise which is the subject of the investigation over a relatively short period, “(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 of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a)( 1). “(2) Period for injury determination following affirmative preliminary determination by administering authority.— If the preliminary determination by the administering authority under section 733(b) 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 733(b), or “(B) the 45th day after the day on which the administering authority makes its affirmative final determination under subsection (a). “(3) Period for injury determination following negative preliminary determination by administering authority.— If the preliminary determination by the administering authority under section 733(b) is negative, and its final determination under subsection (a) is affirmative, then the final determination by the Commission under this subsection shall be made within 7 5 days after the date of that affirmative final determination. “(4) Certain additional findings.— “(A) If the finding of the administering authority under subsection (a)(2) 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) to an extent that, in order to prevent such material injury from recurring, it is necessary to impose the duty imposed by section 731 retroactively on those imports. “(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) 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) 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, and “(B) in cases where the preliminary determination by the administering authority under section 733(b) was negative, the administering authority shall order under paragraphs (1) and (2) of section 733(d) the suspension of liquidation and the posting of a cash deposit, bond, or other security. “(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) are affirmative, then the administering authority shall issue an antidumping duty order under section 736(a). 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 703(d)(1), and “(B) release any bond or other security, and refund any cash deposit, required under section 733(d)(2). “(3) Effect of negative determinations under subsections (a)(3) and (b)(4)(a).— If the determination of the administering authority or the Commission under subsection (a)(3) or (b)(4)(A), respectively, is negative, then the administering authority shall— “(A) terminate any retroactive suspension of liquidation required under section 733(e)(2), and “(B) release any bond or other security, and refund any cash deposit required, under section 733(d)(2) with respect to entries of the merchandise the liquidation of which was suspended retroactively under section 733(e)(2). “(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. “SEC. 736. ASSESSMENT OF DUTY. “(a) Publication of Antidumping Duty Order.— Within 7 days after being notified by the Commission of an affirmative determination under section 735(b), 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 foreign market value of the merchandise exceeds the United States 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 class or kind of merchandise to which it applies, 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 735(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 733(d)(1) would have led to a finding of material injury, then entries of the merchandise subject to the antidumping duty order, the liquidation of which has been suspended under section 733(d)(1), shall be subject to the imposition of antidumping duties under section 731. “(2) Special rule.— If the Commission, in its final determination under section 735(b), 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 an antidumping 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 735(b) shall be subject to the assessment of antidumping duties under section 731, 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), the posting of a bond or other security in lieu of the deposit of estimated antidumping duties required under subsection (a)(3) if, on the basis of information presented to it by any manufacturer, producer, or exporter in such form and within such time as it may require, it is satisfied that it will be able to determine, within 90 days after the date of publication of an order under subsection (a), the foreign market value and the United States 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— “(A) an affirmative preliminary determination by the administering authority under section 733(b), or “(B) if its determination under section 733(b) was negative, an affirmative final determination by the administering authority under section 735(a), and before the date of publication of the affirmative final determination by the Commission under section 735(b). “(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, Publication in Federal Register. and “(B) upon the request of any interested party, hold a hearing in accordance with section 774 before determining the foreign market value and the United States price of the merchandise. “(3) Determinations to be basis of antidumping duty.— The Publication in Federal Register. administering authority shall publish notice in the Federal Register of the results of its determination of foreign market value and United States 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) applies. “SEC. 737. TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTI MATED ANTIDUMPING DUTY AND FINAL ASSESSED DUTY UNDER ANTIDUMPING DUTY ORDER. “(a) Deposit of Estimated Antidumping Duty Under Section 733(d)(2).— If the amount of a cash deposit collected as security for an estimated antidumping duty under section 733(d)(2) is different from the amount of the antidumping duty determined under an antidumping duty order published under section 736, 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 735(b) is published shall be— “(1) disregarded, to the extent the cash deposit collected is lower than the duty under the order, or “(2) refunded, to the extent the cash deposit is higher than the duty under the order. “(b) Deposit of Estimated Antidumping Duty Under Section 736(a)(3).— If the amount of an estimated antidumping duty deposited under section 736(a)(3) is different from the amount of the antidumping duty determined under an antidumping duty order published under section 736, 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 735 (b) is published shall be— “(1) collected, to the extent that the deposit under section 736(a)(3) is lower than the duty determined under the order, or “(2) refunded, to the extent that the deposit under section 736(a)(3) is higher than the duty determined under the order, together with interest as provided by section 778. “SEC. 738. CONDITIONAL PAYMENT OF ANTIDUMPING DUTY. “(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) 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 United States 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 title; “(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 exporter’s sales 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 731 on that merchandise. “SEC. 739. DUTIES OF CUSTOMS OFFICERS. “In the case of all imported merchandise of a class or kind as to which the administering authority has published an antidumping duty order under section 736 under which entries have not been liquidated, the appropriate customs officer shall, by all reasonable ways and means and consistently with the provisions of this title, ascertain and determine, or estimate, the foreign market value, the United States price, and any other information which the administer-ing authority deems necessary for the purposes of administering this title. “SEC. 740. ANTIDUMPING DUTY TREATED AS REGULAR DUTY FOR DRAW-BACK PURPOSES. “The antidumping duty imposed by section 731 shall be treated in all respects as a normal customs duty for the purpose of any law relating to the drawback of customs duties. “Subtitle C— Review of Determinations “SEC. 751. ADMINISTRATIVE REVIEW OF DETERMINATIONS. “(a) Periodic Review of Amount of Duty.— “(1) In general.— At least once during each 12-month period Publication in Federal Register. 19 USC 1303. 19 USC 160 note. beginning on the anniversary of the date of publication of a countervailing duty order under this title or under section 303 of this Act, an antidumping duty order under this title or a finding under the Antidumping Act, 1921,ora notice of the suspension of an investigation, the administering authority, after publication of notice of such review in the Federal Register, shall— “(A) review and determine the amount of any net 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 subsidy or margin of sales at less than fair value involved in the agreement, and shall publish the results of such review, together with notice Publication in Federal Register. of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed in the Federal Register. “(2) Determination of antidumping duties.— For the purpose of paragraph (1)(B), the administering authority shall determine— “(A) the foreign market value and United States price of each entry of merchandise subject to the antidumping duty order and included within that determination, and “(B) the amount, if any, by which the foreign market value of each such entry exceeds the United States price of the entry. The administering authority, without revealing confidential information, Publication in Federal Register. shall publish notice of the results of the determination of antidumping duties in the Federal Register, and that determination shall be the basis for the assessment of antidumping duties on entries of the merchandise included within the determination and for deposits of estimated duties. “(b) Reviews Upon Information or Request.— “(1) In general.— Whenever the administering authority or Publication in Federal Register. the Commission receives information concerning, or a request for the review of, an agreement accepted under section 704 or 734 or an affirmative determination made under section 704(h)(2), 705(a), 705(b), 734(h)(2), 735(a), or 735(b), which shows changed circumstances sufficient to warrant a review of such determination, it shall conduct such a review after publishing notice of the review in the Federal Register. In reviewing its determination under section 704(h)(2) or 734(h)(2), the Commission shall consider whether, in the light of changed circumstances, anagreement accepted under section 704(c) or 734(c) continues to eliminate completely the injurious effects of imports of the merchandise. “(2) Limitation on period for review.— In the absence of good cause shown— “(A) the Commission may not review a determination under section 705(b) or 735(b), and “(B) the administering authority may not review a determination under section 705(a) or 735(a), or the suspension of an investigation suspended under section 704 or 734, less than 24 months after the date of publication of notice of that determination or suspension. “(c) Revocation of Countervailing Duty Order or Antidumping Duty Order.— The administering authority may revoke, in whole or in part, a countervailing duty order or an antidumping duty order, or terminate a suspended investigation, after review under this section. Any such revocation or termination shall apply with respect to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on and after a date determined by the administering authority. “(d) Hearings.— Whenever the administering authority or the Commission conducts a review under this section it shall, upon the request of any interested party, hold a hearing in accordance with section 774(b) in connection with that review. “(e) Determination That Basis for Suspension No Longer Exists.— If the determination of the Commission under the last sentence of subsection (b)(1) is negative, the agreement shall be treated as not accepted, beginning on the date of the publication of the Commission’s determination, and the administering authority and the Commission shall proceed, under section 704(i) or 734(i), as if the 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. “Subtitle D— General Provisions “SEC. 771. DEFINITIONS; SPECIAL RULES. “For purposes of this title— “(1) Administering authority.— The term ‘administering authority’ means the Secretary of the Treasury, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this title 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 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. “(B) Related parties.— 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. “(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 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 like product constitutes a major proportion of the total domestic production of that product, is not injured, if there is a concentration of subsidized or dumped imports 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 subsidized or dumped imports. “(D) Product lines.— The effect of subsidized or dumped imports shall be assessed in relation to the United States production of a 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 like product has no separate identity in terms of such criteria, then the effect of the subsidized or dumped imports shall be assessed by the examination of the production of the narrowest group or range of products, which includes a like product, for which the necessary information can be provided. “(5) Subsidy.— The term ‘subsidy’ has the same meaning as the term ‘bounty or grant’ as that term is used in section 303 of this Act, and includes, but is not limited to, the following: 19 USC 1303. “(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. “(6) Net subsidy.— For the purpose of determining the net subsidy, the administering authority may subtract from the gross 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 subsidy, “(B) any loss in the value of the 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 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 its determinations under sections 703(a), 705(b), 733(a), and 735(b), 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. “(C) Evaluation of volume and of price effects.— 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 undercutting by the imported merchandise as compared with the price of 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 industry.— 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. “(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 subsidy.— 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. “(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. “(8) Agreement on subsidies and counter valuing measures; agreement.— 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 2(a) of the Trade Agreements Act of 1979. “(9) Interested party.— The term ‘interested party’ means— “(A) a foreign manufacturer, producer, or exporter, or the United States importer, of merchandise which is the subject of an investigation under this title or a trade or business association a majority of the members of which are importers of such merchandise, “(B) the government of a country in which such merchandise is produced or manufactured, “(C) a manufacturer, producer, or wholesaler in the United States of a 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 like product, and “(E) a trade or business association a majority of whose members manufacture, produce, or wholesale a like product in the United States. “(10) Like product.— The term ‘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 title. “(11) l Affirmative determinations by divided commission.— If the Commissioners voting on a determination by the Commission 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 subtitle A, 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) Exporter.— 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. “(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 at wholesale, or “(B) in the ordinary course of trade to one or more selected purchasers at wholesale 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 merchandise which is the subject of an investigation, have been normal in the trade under consideration with respect to merchandise of the same class or kind. “(16) Such or similar merchandise.— The term ‘such or similar merchandise’ means merchandise in the first of the following categories in respect of which a determination for the purposes of subtitle B of this title can be satisfactorily made: “(A) The merchandise which is the subject of an investigation 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 merchandise which is the subject of the investigation, “(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 merchandise which is the subject of the investigation, “(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 wholesale quantities.— The term ‘usual wholesale quantities’, in any case in which the merchandise which is the subject of the investigation 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. “SEC. 772. UNITED STATES PRICE. “(a) United States Price.— For purposes of this title, the term ‘United States price’ means the purchase price, or the exporter’s sales price, of the merchandise, whichever is appropriate. “(b) Purchase Price.— For purposes of this section, the term ‘purchase price’ means the price at which merchandise is purchased, or agreed to be purchased, prior to the date of importation, from the manufacturer or producer of the merchandise for exportation to the United States. Appropriate adjustments for costs and expenses under subsection (d) shall be made if they are not reflected in the price paid by the person by whom, or for whose account, the merchandise is imported. “(c) Exporter’s Sales Price.— For purposes of this section, the term ‘exporter’s sales price’ means the price at which merchandise is sold or agreed to be sold in the United States, before or after the time of importation, by or for the account of the exporter, as adjusted under subsections id) and (e). “(d) Adjustments to Purchase Price and Exporter’s Sales Price.— The purchase price and the exporter’s sales price shall be adjusted by being— “(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 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 merchandise to the United States; “(C) the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and “(D) the amount of any countervailing duty imposed on the merchandise under subtitle A of this title or section 303 19 USC 1303. of this Act to offset an export subsidy, and “(2) reduced by— “(A) except as provided in paragraph (1)(D), the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation 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 country of exportation on the exportation of the merchandise to the United States other than an export tax, duty, or other charge described in section 771(6)(C). “(e) Additional Adjustments to Exporter’s Sales Price.— For purposes of this section, the exporter’s sales price shall also be adjusted by being reduced by the amount, if any, of— “(1) commissions for selling in the United States the particular merchandise under consideration, “(2) expenses generally incurred by or for the account of the exporter in the United States in selling identical or substantially identical merchandise, and “(3) any increased value, including additional material and labor, resulting from a process of manufacture or assembly performed on the imported merchandise after the importation of the merchandise and before its sale to a person who is not the exporter of the merchandise. “SEC. 773. FOREIGN MARKET VALUE. “(a) Determination; Fictitious Market; Sales Agencies.— For purposes of this title— “(1) In general.— The foreign market value of imported merchandise shall be the price, at the time of exportation of such merchandise to the United States— “(A) at which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade for home consumption, or “(B) if not so sold or offered for sale for home consumption, or if the administering authority determines that the quantity sold for home consumption is so small in relation to the quantity sold for exportation to countries other than the United States as to form an inadequate basis for comparison, then the price at which so sold or offered for sale for exportation to countries other than the United States, increased by, when not included in such price, 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, except that in the case of merchandise purchased or agreed to be purchased by the person by whom or for whose account the merchandise is imported, prior to the time of importation, the foreign market value shall be ascertained as of the date of such purchase or agreement to purchase. In the ascertainment of foreign market value for the purposes of this title 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. “(2) Use of constructed value.— If the administering authority determines that the foreign market value of imported merchandise cannot be determined under paragraph (1)(A), then, notwithstanding paragraph (1)(B), the foreign market value of the merchandise may be the constructed value of that merchandise, as determined under subsection (e). “(3) Indirect sales and offers for sale.— If such or similar merchandise is sold or, in the absence of sales, offered for sale through a sales agency or other organization related to the seller in any of the respects described in section 771(13), the prices at which such or similar merchandise is sold or, in the absence of sales, offered for sale by such sales agency or other organization may be used in determining the foreign market value. “(4) Other adjustments.— In determining foreign market value, if it is established to the satisfaction of the administering authority that the amount of any difference between the United States price and the foreign market value (or that the fact that the United States price is the same as the foreign market value) is wholly or partly due to— “(A) the fact that the wholesale quantities, in which such or similar merchandise is sold or, in the absence of sales, offered for sale, for exportation to, or in the principal markets of, the United States, as appropriate, in the ordinary course of trade, are less or are greater than the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale, in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold for home consumption, then for exportation to countries other than the United States); “(B) other differences in circumstances of sale; or “(C) the fact that merchandise described in paragraph (B) or (C) of section 771(16) is used in determining foreign market value, then due allowance shall be made therefor. “(b) Sales at Less Than Cost of Production.— Whenever the administering authority has reasonable grounds to believe or suspect that sales in the home market of the country of exportation, or, as appropriate, to countries other than the United States, have been made at prices which represent less than the cost of producing the merchandise in question, it shall determine whether, in fact, such sales were made at less than the cost of producing the merchandise. If the administering authority determines that sales made at less than cost of production— “(1) have been made over an extended period of time and in substantial quantities, and “(2) are not at prices which permit recovery of all costs within a reasonable period of time in the normal course of trade, such sales shall be disregarded in the determination of foreign market value. Whenever sales are disregarded by virtue of having been made at less than the cost of production and the remaining sales, made at not less than cost of production, are determined to be inadequate as a basis for the determination of foreign market value under subsection (a), the administering authority shall employ the constructed value of the merchandise to determine its foreign market value. “(c) State-Controlled Economies.— If available information indicates to the administering authority that the economy of the country from which the merchandise is exported is State-controlled to an extent that sales or offers of sales of such or similar merchandise in that country or to countries other than the United States do not permit a determination of foreign market value under subsection (a) of this section, the administering authority shall determine the foreign market value of the merchandise on the basis of the normal costs, expenses, and profits as reflected by either— “(1) the prices, determined in accordance with subsection (a) of this section, at which such or similar merchandise of a non-State-controlled-economy country or countries is sold either— “(A) for consumption in the home market of that country or countries, or “(B) to other countries, including the United States; or “(2) the constructed value of such or similar merchandise in a non-State-controlled-economy country or countries as determined under subsection (e). “(d) Special Rule for Certain Multinational Corporations.— Whenever, in the course of an investigation under this title, the administering authority determines that— “(1) 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 such or similar merchandise which are located in another country or countries; “(2) the sales of such or similar merchandise by the company concerned in the home market of the exporting country are nonexistent or inadequate as a basis for comparison with the sales of the merchandise to the United States; and “(3) the foreign market value of such or similar merchandise produced in one or more of the facilities outside the country of exportation is higher than the foreign market value of such or similar merchandise produced in the facilities located in the country of exportation, it shall determine the foreign market value of such merchandise by reference to the foreign market value at which such or similar merchandise is sold in substantial quantities by one or more facilities outside the country of exportation. The administering authority, in making any determination under this paragraph, shall make adjustments for the difference between the costs of production (including taxes, labor, materials, and overhead) of such or similar merchandise produced in facilities outside the country of exportation and costs of production of such or similar merchandise produced in the facilities in the country of exportation, if such differences are demonstrated to its satisfaction. For the purposes of this subsection, in determining foreign market value of such or similar merchandise produced in a country outside of the country of exportation, the administering authority shall determine its price at the time of exportation from the country of exportation 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 country of exportation. “(e) Constructed Value.— “(1) Determination.— For the purposes of this title, the constructed value of imported merchandise shall be the sum of— “(A) the cost of materials (exclusive of any internal tax applicable in the country of exportation directly to such materials or their disposition, but remitted or refunded upon the exportation of the article in the production of which such materials are used) and of fabrication or other processing of any kind employed in producing such or similar merchandise, at a time preceding the date of exportation of the merchandise under consideration which would ordinarily permit the production of that particular merchandise in the ordinary course of business; “(B) an amount for general expenses and profit equal to that usually reflected in sales of merchandise of the same general class or kind as the merchandise under consideration which are made by producers in the country of exportation, in the usual wholesale quantities and in the ordinary course of trade, except that— “(i) the amount for general expenses shall not be less than It) percent of the cost as defined in subparagraph (A), and “(ii) the amount for profit shall not be less than 8 percent of the sum of such general expenses and cost; and “(C) the cost of all containers and coverings of whatever nature, and all other expenses incidental to placing the merchandise under consideration in condition, packed ready for shipment to the United States. “(2) Transactions disregarded; best evidence.— For the purposes of this subsection, a transaction directly or indirectly between persons specified in any one of the subparagraphs in paragraph (3) of this subsection 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 in the market under consideration of merchandise under consideration. If a transaction is disregarded under the preceding sentence and there are no other transactions available for consideration, then the determination of the amount required to be considered shall be based on the best evidence available as to what the amount would have been if the transaction had occurred between persons not specified in any one of the subparagraphs in paragraph (3) of this section. “(3) Related parties.— The persons referred to in paragraph (2) of this subsection are; “(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. “(f) Authority To Use Sampling Techniques and To Disregard Insignificant Adjustments.— For the purpose of determining foreign market value under this section, the administering authority may— “(1) use averaging or generally recognized sampling techniques whenever a significant volume of sales is involved or a significant number of adjustments to prices is required, and “(2) decline to take into account adjustments which are insignificant in relation to the price or value of the merchandise. “SEC. 774. HEARINGS. “(a) Investigation Hearings.— 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 705 or 735. “(b) Procedures.— Any hearing required or permitted under this title 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 5 USC 551, 702. subchapter II of chapter 5 of title 5, United States Code, or to section 702 of such title. “SEC. 775. SUBSIDY PRACTICES DISCOVERED DURING AN INVESTIGATION. “If, in the course of an investigation under this title, 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 investigation if it appears to be a subsidy with respect to the merchandise which is the subject of the investigation, or “(2) shall transfer the information concerning the practice (other than confidential information) to the library maintained under section 777(a)(1), if the practice appears to be a subsidy with respect to any other merchandise. “SEC. 776. VERIFICATION OF INFORMATION. “(a) General Rule.— Except with respect to information the verification of which is waived under section 733(b)(2), 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. “(b) Determinations To Be Made on Best Information Available.— In making their determinations under this title, the administering authority and the Commission shall, whenever a party or any other person refuses or is unable to produce information requested in a timely manner and in the form required, or otherwise significantly impedes an investigation, use the best information otherwise available. “SEC. 777. ACCESS TO IN FORMATION. “(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 parts meetings.— The administering authority and the Commission shall maintain a record of ex parts meetings between— “(A) interested parties or other persons providing factual information in connection with an investigation, and “(B) the person charged with making the determination, and any person charged with making a final recommendation to that person, in connection with that investigation. The record of the ex parts 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 parts meeting shall be included in the record of the proceeding. “(4) Summaries; nonconfidential submissions.— The administering authority and the Commission may disclose— “(A) any confidential 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 confidential by the person submitting it. “(b) Confidential Information.— “(1) Confidentiality maintained.— Except as provided in subsection (a)(4)(A) and subsection (c), information submitted to the administering authority or the Commission which is designated as confidential by the person submitting it shall not be disclosed to any person (other than 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) without the consent of the person submitting it. The administering authority and the Commission may require that information for which confidential treatment is requested be accompanied by a non-confidential summary in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence, or a statement that the information is not susceptible to summary, accompanied by a statement of the reasons in support of the contention. “(2) Unwarranted designation.— If the administering authority or 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 confidential 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 “(c) Limited Disclosure of Certain Confidential Information Under Protective Order.— “(1) Disclosure by administering authority or commission.— “(A) In general.— Upon receipt of an application, which describes with particularity the information requested and sets forth the reasons for the request, the administering authority and the Commission may make confidential information submitted by any other party to the investigation available under a protective order described in subparagraph (B). “(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. “(2) Disclosure under court order.— If the administering authority denies a request for information under paragraph (1), or the Commission denies a request for confidential 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, 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), “(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. “SEC. 778. INTEREST ON CERTAIN OVERPAYMENTS AND UNDERPAYMENTS. “(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 the date on which notice of an affirmative determination by the Commission under section 705(b) or 735(b) with respect to such merchandise is published. “(b) Rate.— The rate at which such interest is payable shall be 8 percent per annum, or, if higher, the rate in effect under section 6621 of the Internal Revenue Code of 1954 on the date on which the rate or amount of the duty is finally determined.”.Trade and Tariff Act of 1984
Pub. L. 98–573 § 612(a)(1) · 98 Stat. 2948
Inserted · 19 U.S.C. § 1677(4)(A)
Pub. L. 98–573, § 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
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 98–573, § 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.Enacted provision · exact public law section
(1) Paragraph (4)(A) is amended by inserting before the period at the end thereof the following: “, except that in the case of wine and grape products subject to investigation under this title, 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”.Trade and Tariff Act of 1984
Pub. L. 98–573 § 612(a)(2)(B) · 98 Stat. 2948
Added · 19 U.S.C. § 1677(7)(F)
Pub. L. 98–573, § 612(a)(2)(B), added subpar. (F)
Source evidence
Code amendment note
Par. (7)(F). Pub. L. 98–573, § 612(a)(2)(B), added subpar. (F).Enacted provision · exact public law section
(B) by inserting after subparagraph (E) the following new subparagraph: “(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 any merchandise, the Commission shall consider, among other relevant economic factors— “(I) If a 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 subsidy is an export subsidy inconsistent with the Agreement), “(II) any increase in production capacity or existing unused capacity in the exporting country likely to result in a significant increase in imports of the merchandise to the United States, “(III) any rapid increase in United States market penetration and the likelihood that the penetration will increase to an injurious level, “(IV) the probability that imports of the merchandise will enter the United States at prices that will have a depressing or suppressing effect on domestic prices of the merchandise, “(V) any substantial increase in inventories of the merchandise in the United States, “(VI) the presence of underutilized capacity for producing the merchandise in the exporting country, “(VII) any other demonstrable adverse trends that indicate the probability that the importation (or sale for importation) of the merchandise (whether or not it is actually being imported at the time) will be the cause of actual injury, and “(VIII) the potential for product-shifting if production facilities owned or controlled by the foreign manufacturers, which can be used to produce products subject to investigation(s) under section 19 USC 1671, 1673. 19 USC 1671e, 1673e. 701 or 731 or to find orders under section 706 or 736, are also used to produce the merchandise under investigation. “(ii) Basis for determination.— Any determination by the Commission under this title that an industry in the United States is threatened with material injury shall be made on the basis of evidence that the threat of material injury is real and that actual injury is imminent. Such a determination may not be made on the basis of mere conjecture or supposition.”Trade and Tariff Act of 1984
Pub. L. 98–573 § 612(a)(3) · 98 Stat. 2948
Added · 19 U.S.C. § 1677(9)(F)
Pub. L. 98–573, § 612(a)(3), added subpar. (F)
Source evidence
Code amendment note
Par. (9)(F). Pub. L. 98–573, § 612(a)(3), added subpar. (F).Enacted provision · exact public law section
(3) Paragraph (9) is amended— (A) by striking out “and” at the end of subparagraph (D); (B) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof “, and”; and (C) by adding at the end thereof the following new subparagraph: “(F) an association, a majority of whose members is composed of interested parties described in subparagraph (C), (D), or (E) with respect to a like product.”.Trade and Tariff Act of 1984
Pub. L. 98–573 § 612(a)(4) · 98 Stat. 2948
Substituted · 19 U.S.C. § 1677(14)(A); 19 U.S.C. § 1677(14)(B)
Pub. L. 98–573, § 612(a)(4), substituted “in commercial quantities” for “at wholesale”
Source evidence
Code amendment note
Par. (14)(A), (B). Pub. L. 98–573, § 612(a)(4), substituted “in commercial quantities” for “at wholesale”.Enacted provision · exact public law section
(4) Paragraph (14) is amended by striking out “at wholesale” and inserting in lieu thereof “in commercial quantities”.Trade and Tariff Act of 1984
Pub. L. 98–573 § 612(a)(5) · 98 Stat. 2948
Substituted · 19 U.S.C. § 1677(17)
Pub. L. 98–573, § 612(a)(5), substituted “commercial quantities” for “wholesale quantities”
Source evidence
Code amendment note
Par. (17). Pub. L. 98–573, § 612(a)(5), substituted “commercial quantities” for “wholesale quantities”.Enacted provision · exact public law section
(5) Paragraph (17) is amended by striking out “wholesale quantities’ each place it appears in the heading and the text and inserting in lieu thereof commercial quantities”.Pub. L. 98–623 § 612(a)(2)(A) · 98 Stat. 3394
Added · 19 U.S.C. § 1677(7)(C)(iv)
Pub. L. 98–623, § 612(a)(2)(A), added cl. (iv)
Source evidence
Code amendment note
Par. (7)(C)(iv). Pub. L. 98–623, § 612(a)(2)(A), added cl. (iv).Tax Reform Act of 1986
Pub. L. 99–514 title XVIII § 1886(a)(9) · 100 Stat. 2085
Substituted · 19 U.S.C. § 1677(7)(F)(i)
Pub. L. 99–514 substituted “the merchandise” for “any merchandise” in subcl. (VIII)
Substituted · 19 U.S.C. § 1677(7)(F)(i)
Pub. L. 99–514 substituted “final orders” for “find orders” in subcl. (VIII)
Source evidence
Code amendment note
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).Enacted provision · exact public law section
(9) Clause (i) of section 771(7)(F) (19 U.S.C. 1677(7)(F)(i)) is amended— (A) by striking “any merchandise” in that part which precedes subclause (I) and inserting in lieu thereof “the merchandise”; and (B) by striking out “find orders” in subclause (VIII) and inserting in lieu thereof “final orders”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1326(a) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(4)(E)
Pub. L. 100–418, § 1326(a), added subpar. (E)
Source evidence
Code amendment note
Par. (4)(E). Pub. L. 100–418, § 1326(a), added subpar. (E).Enacted provision · exact public law section
(a) Definition of Industry Producing Processed Agricultural Products.— Paragraph (4) of section 771 (19 U.S.C. 1677(4)) is amended by adding at the end thereof the following new subparagraph: “(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.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1312 · 102 Stat. 1107
Amended · 19 U.S.C. § 1677(5)
Pub. L. 100–418, § 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:
Source evidence
Code amendment note
Par. (5). Pub. L. 100–418, § 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.”
Enacted provision · exact public law section
SEC. 1312. ACTIONABLE DOMESTIC SUBSIDIES. Paragraph (5) of section 771 (19 U.S.C. 1677(5)) is amended to read as follows: “(5) Subsidy.— “(A) In general.— The term ‘subsidy’ has the same meaning as the term ‘bounty or grant’ as that term is used in section 303, and includes, but is not limited to, the following: “(i) Any export subsidy described in Annex A to the Agreement (relating to illustrative list of export subsidies). “(ii) 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. “(B) Special rule.— In applying subparagraph (A), the administering authority, in each investigation, shall determine whether the bounty, grant, or subsidy in law or in fact is provided to a specific enterprise or industry, or group of enterprises or industries. Nominal general availability, under the terms of the law, regulation, program, or rule establishing a bounty, grant, or subsidy, of the benefits thereunder is not a basis for determining that the bounty, grant, or subsidy is not, or has not been, in fact provided to a specific enterprise or industry, or group thereof.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1328(1) · 102 Stat. 1107
Amended · 19 U.S.C. § 1677(7)(B)
Pub. L. 100–418, § 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—
Source evidence
Code amendment note
Par. (7)(B). Pub. L. 100–418, § 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.”
Enacted provision · exact public law section
(1) by amending subparagraph (B) to read as follows: “(B) Volume and consequent impact.— In making determinations under sections 703(a), 705(b), 733(a), and 735(b), the Commission, in each case— “(i) shall consider— “(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, 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 705(d) or 735(d), 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.”; andOmnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1328(2) · 102 Stat. 1107
Substituted · 19 U.S.C. § 1677(7)(C)
Pub. L. 100–418, § 1328(2), in heading substituted “relevant factors” for “volume and of price effects” in cl. (iii) inserted “domestic” in heading
Substituted · 19 U.S.C. § 1677(7)(C)
Pub. L. 100–418, § 1328(2), in heading substituted “underselling” for “undercutting” in cl. (iii) inserted “domestic” in heading
Amended · 19 U.S.C. § 1677(7)(C)
Pub. L. 100–418, § 1328(2), in heading 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—
Source evidence
Code amendment note
Par. (7)(C). Pub. L. 100–418, § 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.”
Enacted provision · exact public law section
(2) by amending subparagraph (C)— (A) by amending the heading to read as follows: “(C) Evaluation of relevant factors.—”, (B) by striking out “price undercutting” in clause (ii) and inserting “price underselling”, and (C) by amending clause (iii) to read as follows: “(iii) Impact on affected domestic industry.— In examining the impact required to be considered under subparagraph (B)(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, and “(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 like product. 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.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1330(b) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(7)(C)(v)
Pub. L. 100–418, § 1330(b), added cl. (v)
Source evidence
Code amendment note
Par. (7)(C)(v). Pub. L. 100–418, § 1330(b), added cl. (v).Enacted provision · exact public law section
(b) Treatment of Negligible Imports.— Subparagraph (C) of section 771(7) (19 U.S.C. 1677(7)(0) is amended by adding at the end thereof the following new clause: “(v) Treatment of negligible imports.— 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.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1326(b) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(7)(F)(i)(IX)
Pub. L. 100–418, § 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
Source evidence
Code amendment note
Par. (7)(F)(i)(IX). Pub. L. 100–418, § 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.Enacted provision · exact public law section
(b) Threat of Material Injury.— Section 771(7)(F) (19 U.S.C. 1677(7)(F)) is amended— (1) by striking out “and” at the end of subclause (VII); (2) by striking out the period at the end of subclause (VIII) and inserting “, and”; and (3) by adding at the end thereof the following: “(IX) in any investigation under this title 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 705(b)(1) or 735(b)(1)with respect to either the raw agricultural product or the processed agricultural product (but not both).”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1329(1) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(7)(F)(i)(X)
Pub. L. 100–418, § 1329(1)–(3), added subcl. (X)
Source evidence
Code amendment note
Par. (7)(F)(i)(X). Pub. L. 100–418, § 1329(1)–(3), added subcl. (X).Enacted provision · exact public law section
(1) by striking out “and” at the end of clause (i)(VIII),Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1329(4) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(7)(F)(iii)
Pub. L. 100–418, § 1329(4), added cl. (iii)
Source evidence
Code amendment note
Par. (7)(F)(iii). Pub. L. 100–418, § 1329(4), added cl. (iii).Enacted provision · exact public law section
(4) by adding at the end thereof the following: “(iii) Effect of dumping in third-country markets.— “(I) In general.— In investigations under subtitle B, the Commission shall consider whether dumping in the markets of foreign countries (as evidenced by dumping findings or antidumping remedies in other GATT 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) GATT member market.— For purposes of this clause, the term ‘GATT member market’ means the market of any country which is a signatory to The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (relating to antidumping measures). “(III) European communities.— For purposes of this clause, the European Communities shall be treated as a foreign country.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1330(a) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(7)(F)(iv)
Pub. L. 100–418, § 1330(a), added cl. (iv)
Source evidence
Code amendment note
Par. (7)(F)(iv). Pub. L. 100–418, § 1330(a), added cl. (iv).Enacted provision · exact public law section
(a) Threat of Injury.— Subparagraph (F) of section 771(7) (19 U.S.C. 1677(7)(F)) (as amended by section 1329) is further amended by adding at the end thereof the following new clause: “(iv) Cumulation.— To the extent practicable and subject to subparagraph (C)(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 303,701, or 731.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1326(c) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(9)(G)
Pub. L. 100–418, § 1326(c), added subpar. (G)
Source evidence
Code amendment note
Par. (9)(G). Pub. L. 100–418, § 1326(c), added subpar. (G).Enacted provision · exact public law section
(c) Interested Parties.— Section 771(9) (19 U.S.C. 1677(9)) is amended— (1) by striking out “and” at the end of subparagraph (E); (2) by striking out the period at the end of subparagraph (F) and inserting in lieu thereof “, and”; and (3) by adding at the end thereof the following new subparagraph: “(G) in any investigation under this title 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.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1316(b) · 102 Stat. 1107
Added · 19 U.S.C. § 1677(18)
Pub. L. 100–418, § 1316(b), added par. (18) relating to nonmarket economy country
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 1316(b), added par. (18) relating to nonmarket economy country.Enacted provision · exact public law section
(b) Nonmarket Economy Country Defined.— Section 771 (19 U.S.C. 1677) is amended by adding at the end thereof the following new paragraph: “(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; “(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 subtitle B. “(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 Classified information. information obtained under this section from public disclosure in accordance with section 777.”.Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1335 · 102 Stat. 1107
Added · 19 U.S.C. § 1677(19)
Pub. L. 100–418, § 1335, added par. (19) relating to application to governmental importations
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 1335, added par. (19) relating to application to governmental importations.Enacted provision · exact public law section
SEC 1335. GOVERNMENTAL IMPORTATIONS. Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) (as amended by section 1316(b)) is amended by adding at the end thereof the following new paragraph: “(19) 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 schedule 8 of the Tariff Schedules of the United States) is subject to the imposition of countervailing duties or antidumping duties under this title or section 303. “(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 title 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.”Omnibus Trade and Competitiveness Act of 1988
Pub. L. 100–418 § 1327 · 102 Stat. 1107
Added · 19 U.S.C. § 1677(19)
Pub. L. 100–418, § 1327, added par. (19) relating to equivalency of leases to sales
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 100–418, § 1327, added par. (19) relating to equivalency of leases to sales.Enacted provision · exact public law section
SEC. 1327. LEASES EQUIVALENT TO SALES. Section 771 (19 U.S.C. 1677) is amended by adding at the end thereof the following new paragraph: (19) Equivalency of leases to sales.— In determining whether a lease is equivalent to a sale for purposes of this title, 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.”.United States-Canada Free-Trade Agreement Implementation Act of 1988
Pub. L. 100–449 title IV § 403(d) · 102 Stat. 1851
Added · 19 U.S.C. § 1677(18)
Pub. L. 100–449 temporarily added par. (18) relating to United States-Canada Agreement. See Effective and Termination Dates of 1988 Amendment note below
Source evidence
Code amendment note
Par. (18). Pub. L. 100–449 temporarily added par. (18) relating to United States-Canada Agreement. See Effective and Termination Dates of 1988 Amendment note below.Enacted provision · exact public law section
(d) Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end thereof the following new paragraph (18): “(18) United states-canada agreement.— The term ‘United States-Canada Agreement’ means the United States-Canada Free-Trade Agreement.”.Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 title IX § 9001(a)(5) · 102 Stat. 3342
Redesignated · 19 U.S.C. § 1677(19)
Pub. L. 100–647 redesignated par. (19), relating to application to governmental importations, as (20)
Source evidence
Code amendment note
Par. (19). Pub. L. 100–647 redesignated par. (19), relating to application to governmental importations, as (20).Enacted provision · exact public law section
(5) Paragraph (19) of section 771 of the Tariff Act of 1930 (19 U.S.C. 1677), as added by section 1335 of the Omnibus Trade and Competitiveness Act of 1988, is redesignated as paragraph (20).Technical and Miscellaneous Revenue Act of 1988
Pub. L. 100–647 title IX § 9001(a)(5) · 102 Stat. 3342
Redesignated · 19 U.S.C. § 1677(20)
Pub. L. 100–647 redesignated par. (19), relating to application to governmental importations, as (20)
Source evidence
Code amendment note
Par. (20). Pub. L. 100–647 redesignated par. (19), relating to application to governmental importations, as (20).Enacted provision · exact public law section
(5) Paragraph (19) of section 771 of the Tariff Act of 1930 (19 U.S.C. 1677), as added by section 1335 of the Omnibus Trade and Competitiveness Act of 1988, is redesignated as paragraph (20).Caribbean Basin Economic Recovery Expansion Act of 1990
Pub. L. 101–382 § 224(a) · 104 Stat. 629
Amended · 19 U.S.C. § 1677(7)(C)(iv)
Pub. L. 101–382, § 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.”
Source evidence
Code amendment note
Par. (7)(C)(iv). Pub. L. 101–382, § 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.”Enacted provision · exact public law section
(a) Material Injury.— Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended to read as follows: “(iv) Cumulation.— “(I) In general.— For purposes of clauses (i) and (ii) and subject to subclause (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. “(II) CBI exception.— Solely for purposes of determining material injury, or the threat thereof, by reason of imports which are products of a country designated as a beneficiary country under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.), the volume and effect of imports from such country may only be cumulatively assessed with imports of like products from one or more other countries designated as beneficiary countries.”.Caribbean Basin Economic Recovery Expansion Act of 1990
Pub. L. 101–382 § 224(b) · 104 Stat. 629
Substituted · 19 U.S.C. § 1677(7)(F)(iv)
Pub. L. 101–382, § 224(b), substituted “(C)(iv)(II) and (v)” for “(C)(v)”
Source evidence
Code amendment note
Par. (7)(F)(iv). Pub. L. 101–382, § 224(b), substituted “(C)(iv)(II) and (v)” for “(C)(v)”.Enacted provision · exact public law section
(b) Threat of Material Injury.— Section 771(7)(F)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(F)(iv)) is amended by striking out “(C)(v),” and inserting “(C)(iv)(II) and (v),”.Customs and Trade Act of 1990
Pub. L. 101–382 § 139(a)(3) · 104 Stat. 629
Substituted · 19 U.S.C. § 1677(20)(A)
Pub. L. 101–382, § 139(a)(3), substituted “chapter 98 of the Harmonized Tariff Schedule” for “schedule 8 of the Tariff Schedules”
Source evidence
Code amendment note
Par. (20)(A). Pub. L. 101–382, § 139(a)(3), substituted “chapter 98 of the Harmonized Tariff Schedule” for “schedule 8 of the Tariff Schedules”.Enacted provision · exact public law section
(3) Section 771(20)(A) (19 U.S.C. 1677(20)(A)) is amended by striking out “schedule 8 of the Tariff Schedules of the United States” and inserting “chapter 98 of the Harmonized Tariff Schedule of the United States”.North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 412(b)(1) · 107 Stat. 2057
Redesignated · 19 U.S.C. § 1677(18); 19 U.S.C. § 1677(21)
Pub. L. 103–182, § 412(b)(1), redesignated par. (18), relating to United States-Canada Agreement, as (21)
Source evidence
Code amendment note
Pars. (18), (21). Pub. L. 103–182, § 412(b)(1), redesignated par. (18), relating to United States-Canada Agreement, as (21).Enacted provision · exact public law section
(1) by redesignating as paragraph (21) (and placing in numerical sequence) the second paragraph that is designated as paragraph (18) (relating to the definition of the United States-Canada Agreement) in such section; andNorth American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 412(b)(2) · 107 Stat. 2057
Added · 19 U.S.C. § 1677(22)
Pub. L. 103–182, § 412(b)(2), added (22)
Source evidence
Code amendment note
Par. (22). Pub. L. 103–182, § 412(b)(2), added (22).Enacted provision · exact public law section
(2) by inserting after paragraph (21) (as redesignated by paragraph (1) of this subsection) the following new paragraph: “(22) NAFTA.— The term ‘NAFTA’ means the North American Free Trade Agreement.”.North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 637(b) · 107 Stat. 2057
Added · 19 U.S.C. § 1677(23)
Pub. L. 103–182, § 637(b), added par. (23)
Source evidence
Code amendment note
Par. (23). Pub. L. 103–182, § 637(b), added par. (23).Enacted provision · exact public law section
(b) Amendment to Section 771.— Section 771 (19 U.S.C. 1677) is amended by adding at the end the following new paragraph: “(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 401(s), 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 title, 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.”.Pub. L. 103–465 § 233(b)(2) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(1)
Pub. L. 103–465, § 233(b)(2), substituted “Secretary of Commerce” for “Secretary of the Treasury”
Source evidence
Code amendment note
Par. (1). Pub. L. 103–465, § 233(b)(2), substituted “Secretary of Commerce” for “Secretary of the Treasury”.Enacted provision · exact public law section
(2) Administering authority.— Section 771(1) (19 U.S.C. 1677(1)) is amended by striking “the Treasury” and inserting “Commerce”.Pub. L. 103–465 § 222(a)(1) · 108 Stat. 4809
Amended · 19 U.S.C. § 1677(4)(A)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Par. (4)(A). Pub. L. 103–465, § 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.”Enacted provision · exact public law section
(1) In general.— Subparagraphs (A) and (B) of section 771(4) (19 U.S.C. 1677(4) (A) anti (B)) are amended to read as follows: “(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.”.Pub. L. 103–465 § 222(a)(1) · 108 Stat. 4809
Amended · 19 U.S.C. § 1677(4)(B)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Par. (4)(B). Pub. L. 103–465, § 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.”Enacted provision · exact public law section
(1) In general.— Subparagraphs (A) and (B) of section 771(4) (19 U.S.C. 1677(4) (A) anti (B)) are amended to read as follows: “(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.”.Pub. L. 103–465 § 270(c)(2) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(4)(C)
Pub. L. 103–465, § 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
Source evidence
Code amendment note
Par. (4)(C). Pub. L. 103–465, § 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.Enacted provision · exact public law section
(2) Subparagraphs (C) and (D) of section 771(4) (19 U.S.C. 1677(4) (C) and (D)) are amended by striking “subsidized or” each place it appears and inserting “or imports of merchandise benefiting from a countervailable subsidy” after “imports”.Pub. L. 103–465 title II · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(4)(C)
Pub. L. 103–465, §§ 222(a)(2), 233(a)(3)(A)(i), substituted “domestic like product” for “like product” in cl. (i) and concluding provisions
Inserted · 19 U.S.C. § 1677(4)(C)
Pub. L. 103–465, §§ 222(a)(2), 233(a)(3)(A)(i), 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.”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–465, §§ 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.”Enacted provision · exact public law
(ii) the protection of the environment, orPub. L. 103–465 title II · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(4)(D)
Pub. L. 103–465, §§ 233(a)(3)(A)(i), 270(c)(2), substituted “domestic like product” for “like product” in two places
Substituted · 19 U.S.C. § 1677(4)(D)
Pub. L. 103–465, §§ 233(a)(3)(A)(i), 270(c)(2), substituted “dumped imports or imports of merchandise benefiting from a countervailable subsidy” for “subsidized or dumped imports” in two places
Source evidence
Code amendment note
Par. (4)(D). Pub. L. 103–465, §§ 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.Enacted provision · exact public law
(ii) the protection of the environment, orPub. L. 103–465 § 251(a) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(5)(5B)
Pub. L. 103–465, § 251(a), added pars. (5) to (5B)
Struck · 19 U.S.C. § 1677(5)(5B)
Pub. L. 103–465, § 251(a), struck out former par. (5) which defined “subsidy”
Source evidence
Code amendment note
Pars. (5) to (5B). Pub. L. 103–465, § 251(a), added pars. (5) to (5B), and struck out former par. (5) which defined “subsidy”.Enacted provision · exact public law section
(a) In General.— Section 771 (19 U.S.C. 1677) is amended by striking paragraph (5) and inserting the following: “(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 tor, 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 subtitle A or a review under subtitle C 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 fines, 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 or 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 title. “(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 282(c) of the Uruguay Round Agreements Act “(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.”.Pub. L. 103–465 § 251(b) · 108 Stat. 4809
Inserted · 19 U.S.C. § 1677(6)
Pub. L. 103–465, § 251(b), inserted “countervailable” before “subsidy” wherever appearing in heading and text
Source evidence
Code amendment note
Par. (6). Pub. L. 103–465, § 251(b), inserted “countervailable” before “subsidy” wherever appearing in heading and text.Enacted provision · exact public law section
(b) Net Countervailable Subsidy.— Section 771(6) (19 U.S.C. 1677(6)) is amended by inserting “countervailable” before “subsidy” each place it appears in the text and in the heading.Pub. L. 103–465 § 233(a)(5)(BB) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(7)(B)(i)(I)
Pub. L. 103–465, § 233(a)(5)(BB), substituted “subject merchandise” for “merchandise which is the subject of the investigation”
Source evidence
Code amendment note
Par. (7)(B)(i)(I). Pub. L. 103–465, § 233(a)(5)(BB), substituted “subject merchandise” for “merchandise which is the subject of the investigation”.Enacted provision · exact public law section
(BB) Section 771(7)(B)(i)(1) (19 U.S.C. 1677(7)(B)(i)(I)) is amended by striking “merchandise which is the subject of the investigation” and inserting “subject merchandise”.Pub. L. 103–465 § 233(a)(3)(B) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(7)(B)(i)(II); 19 U.S.C. § 1677(7)(B)(i)(III); 19 U.S.C. § 1677(7)(C)(ii)(I)
Pub. L. 103–465, § 233(a)(3)(B), substituted “domestic like products” for “like products”
Source evidence
Code amendment note
Par. (7)(B)(i)(II), (III), (C)(ii)(I). Pub. L. 103–465, § 233(a)(3)(B), substituted “domestic like products” for “like products”.Enacted provision · exact public law section
(B) Sections 771(7)(B)(i)(II) and (III) and section 771(7)(C)(ii)(I) (19 U.S.C. 1677(7)(B)(i)(II) and (III) and (C)(ii)(I)) are amended by striking “like products” and inserting “domestic like products”.Pub. L. 103–465 § 222(b)(3) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(7)(C)(iii)
Pub. L. 103–465, § 222(b)(3), substituted “subparagraph (B)(i)(III)” for “subparagraph (B)(iii)” in introductory provisions
Source evidence
Code amendment note
Par. (7)(C)(iii). Pub. L. 103–465, § 222(b)(3), substituted “subparagraph (B)(i)(III)” for “subparagraph (B)(iii)” in introductory provisions.Enacted provision · exact public law section
(3) Technical correction.— Section 771(7)(C)(iii) is amended by striking “subparagraph (B)(iii)” and inserting “subparagraph (B)(i)(III)”.Pub. L. 103–465 § 233(a)(3)(A)(ii) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(7)(C)(iii)(IV)
Pub. L. 103–465, § 233(a)(3)(A)(ii), substituted “domestic like product” for “like product”
Source evidence
Code amendment note
Par. (7)(C)(iii)(IV). Pub. L. 103–465, § 233(a)(3)(A)(ii), substituted “domestic like product” for “like product”.Enacted provision · exact public law section
(ii) Section 771(7)(C)(iii)(IV) (19 U.S.C. 1677(7)(C)(iii)(IV)).Pub. L. 103–465 § 222(b)(1) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(7)(C)(iii)(V)
Pub. L. 103–465, § 222(b)(1), added subcl. (V)
Source evidence
Code amendment note
Par. (7)(C)(iii)(V). Pub. L. 103–465, § 222(b)(1), added subcl. (V).Enacted provision · exact public law section
(1) In general.— Section 771(7)(C)(iii) (19 U.S.C. 1677(7)(C)(iii)) is amended— (A) by striking “and” at the end of subclause (III), and (B) by striking the period at the end of subclause (IV) and inserting “, and “(V) in a proceeding under subtitle B, the magnitude of the margin of dumping.”.Pub. L. 103–465 § 222(b)(2) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(7)(C)(iv)
Pub. L. 103–465, § 222(b)(2), added cl. (iv)
Struck · 19 U.S.C. § 1677(7)(C)(iv)
Pub. L. 103–465, § 222(b)(2), 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
Source evidence
Code amendment note
Par. (7)(C)(iv). Pub. L. 103–465, § 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.Enacted provision · exact public law section
(2) Captive production.— Section 771(7)(C) (19 U.S.C. 1677(7)(C)) is amended by striking clause (iv) and inserting the following: “(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.”.Pub. L. 103–465 § 222(d)(1) · 108 Stat. 4809
Struck · 19 U.S.C. § 1677(7)(C)(v)
Pub. L. 103–465, § 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—
Source evidence
Code amendment note
Par. (7)(C)(v). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(1) in paragraph (7) by striking clause (v) of subparagraph (C), andPub. L. 103–465 § 266 · 108 Stat. 4809
Amended · 19 U.S.C. § 1677(7)(E)(i)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Par. (7)(E)(i). Pub. L. 103–465, § 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.”Enacted provision · exact public law section
SEC. 266. NATURE OF COUNTERVAILABLE SUBSIDY. Section 771(7)(E)(i) (19 U.S.C. 1677(7)(E)(i)) is amended to read as follows: “(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.”.Pub. L. 103–465 § 222(c) · 108 Stat. 4809
Amended · 19 U.S.C. § 1677(7)(F)(i); 19 U.S.C. § 1677(7)(F)(ii)
Pub. L. 103–465, § 222(c), amended cls. (i) and (ii) generally
Substituted · 19 U.S.C. § 1677(7)(F)(i); 19 U.S.C. § 1677(7)(F)(ii)
Pub. L. 103–465, § 222(c), 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
Source evidence
Code amendment note
Par. (7)(F)(i), (ii). Pub. L. 103–465, § 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.Enacted provision · exact public law section
(c) Determination of Threat of Injury.— Clauses (i) and (ii) of section 771(7)(F) (19 U.S.C. 1677(7)(F) (i) and (ii)) are amended to read as follows: “(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 title 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 705(b)(l) or 735(b)(l) 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 title. 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.”.Pub. L. 103–465 § 233(b)(1)(A) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(7)(F)(iii)(I); 19 U.S.C. § 1677(7)(F)(iii)(II)
Pub. L. 103–465, § 233(b)(1)(A), in subcl. (I), substituted “WTO member” for “GATT member”, and in subcl. (II)
Substituted · 19 U.S.C. § 1677(7)(F)(iii)(I); 19 U.S.C. § 1677(7)(F)(iii)(II)
Pub. L. 103–465, § 233(b)(1)(A), in subcl. (I), substituted “WTO member” for “GATT member”
Substituted · 19 U.S.C. § 1677(7)(F)(iii)(I); 19 U.S.C. § 1677(7)(F)(iii)(II)
Pub. L. 103–465, § 233(b)(1)(A), in subcl. (I), substituted “WTO member.” for “signatory to The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (relating to antidumping measures).”
Source evidence
Code amendment note
Par. (7)(F)(iii)(I), (II). Pub. L. 103–465, § 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).”Enacted provision · exact public law section
(A) in subclause (I), by striking “GATT member” and inserting “WTO member”; andPub. L. 103–465 § 222(e)(1) · 108 Stat. 4809
Struck · 19 U.S.C. § 1677(7)(F)(iv)
Pub. L. 103–465, § 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—
Source evidence
Code amendment note
Par. (7)(F)(iv). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(1) in subparagraph (F) by striking clause (iv), andPub. L. 103–465 § 222(e)(2) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(7)(G); 19 U.S.C. § 1677(7)(H)
Pub. L. 103–465, § 222(e)(2), added subpars. (G) and (H)
Source evidence
Code amendment note
Par. (7)(G), (H). Pub. L. 103–465, § 222(e)(2), added subpars. (G) and (H).Enacted provision · exact public law section
(2) by adding at the end the following: “(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 702(b) or 732(b) on the same day, “(II) investigations were initiated under section 702(a) or 732(a) on the same day, or “(III) petitions were filed under section 702(b) or 732(b) and investigations were initiated under section 702(a) or 732(a) 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 702(b) or 732(b) on the same day, “(ii) investigations were initiated under section 702(a) or 732(a) on the same day, or “(iii) petitions were filed under section 702(b) or 732(b) and investigations were initiated under section 702(a) or 732(a) on the same day, if such imports compete with each other and with domestic like products in the United States market”.Pub. L. 103–465 § 222(f) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(7)(I)
Pub. L. 103–465, § 222(f), added subpar. (I)
Source evidence
Code amendment note
Par. (7)(I). Pub. L. 103–465, § 222(f), added subpar. (I).Enacted provision · exact public law section
(f) Consideration of Post-Petition Information.— Section 771(7) (19 U.S.C. 1677(7)), is amended by adding at the end the following: “(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 subtitle A or B 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.”.Pub. L. 103–465 § 270(e) · 108 Stat. 4809
Amended · 19 U.S.C. § 1677(8)
Pub. L. 103–465, § 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.”
Source evidence
Code amendment note
Par. (8). Pub. L. 103–465, § 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.”Enacted provision · exact public law section
(e) Subsidies Agreement and Agreement on Agriculture.— Section 771(8) (19 U.S.C. 1677(8)) is amended to read as follows: “(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 101(d)(12) of the Uruguay Round Agreements Act. “(B) Agreement on agriculture.— The term ‘Agreement on Agriculture’ means the Agreement on Agriculture referred to in section 101(d)(2) of the Uruguay Round Agreements Act.”.Pub. L. 103–465 title II · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(9)(A)
Pub. L. 103–465, §§ 222(g)(1), 233(a)(5)(CC), substituted “subject merchandise” for “merchandise which is the subject of an investigation under this subtitle”
Inserted · 19 U.S.C. § 1677(9)(A)
Pub. L. 103–465, §§ 222(g)(1), 233(a)(5)(CC), inserted “producers, exporters, or” before “importers”
Source evidence
Code amendment note
Par. (9)(A). Pub. L. 103–465, §§ 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”.Enacted provision · exact public law
(ii) the protection of the environment, orPub. L. 103–465 § 222(g)(2) · 108 Stat. 4809
Inserted · 19 U.S.C. § 1677(9)(B)
Pub. L. 103–465, § 222(g)(2), inserted “or from which such merchandise is exported” after “manufactured”
Source evidence
Code amendment note
Par. (9)(B). Pub. L. 103–465, § 222(g)(2), inserted “or from which such merchandise is exported” after “manufactured”.Enacted provision · exact public law section
(2) in subparagraph (B), inserting “or from which such merchandise is exported” after “manufactured”.Pub. L. 103–465 § 233(a)(3)(A)(iii) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(9)(C)(F)
Pub. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product”
Source evidence
Code amendment note
Par. (9)(C) to (F). Pub. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product”.Enacted provision · exact public law section
(iii) Section 771(9) (19 U.S.C. 1677(9)).Pub. L. 103–465 § 233(a)(3)(A)(iii) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(10)
Pub. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product” in heading and text
Source evidence
Code amendment note
Par. (10). Pub. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product” in heading and text.Enacted provision · exact public law section
(iii) Section 771(9) (19 U.S.C. 1677(9)).Pub. L. 103–465 § 221(b) · 108 Stat. 4809
Inserted · 19 U.S.C. § 1677(11)
Pub. L. 103–465, § 221(b), inserted “, including a determination under section 1675 of this title,” after “determination by the Commission” in introductory provisions
Source evidence
Code amendment note
Par. (11). Pub. L. 103–465, § 221(b), inserted “, including a determination under section 1675 of this title,” after “determination by the Commission” in introductory provisions.Enacted provision · exact public law section
(b) Affirmative Determinations by Divided Commission.— Section 771(11) (19 U.S.C. 1677(11)) is amended by inserting “, including a determination under section 751,” after “determination by the Commission”.Pub. L. 103–465 § 222(i)(2) · 108 Stat. 4809
Struck · 19 U.S.C. § 1677(13)
Pub. L. 103–465, § 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—
Source evidence
Code amendment note
Par. (13). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(2) Exporter.— Paragraph (13) of section 771 (19 U.S.C. 1677(13)) is repealed.Pub. L. 103–465 § 222(h) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(15)
Pub. L. 103–465, § 222(h), substituted “subject merchandise” for “merchandise which is the subject of an investigation”
Inserted · 19 U.S.C. § 1677(15)
Pub. L. 103–465, § 222(h), inserted at end “The administering authority shall consider the following sales and transactions, among others, to be outside the ordinary course of trade:
Source evidence
Code amendment note
Par. (15). Pub. L. 103–465, § 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.”
Enacted provision · exact public law section
(h) Ordinary Course of Trade.— Section 771(15) (19 U.S.C. 1677(15)) is amended— (1) by striking “merchandise which is the subject of an investigation” and inserting “subject merchandise”; and (2) by adding at the end the following: “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 773(b)(l). “(B) Transactions disregarded under section 773(f)(2).”.Pub. L. 103–465 § 233(a)(4) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(16)
Pub. L. 103–465, § 233(a)(4), substituted “Foreign like product” for “Such or similar merchandise” in introductory provisions
Substituted · 19 U.S.C. § 1677(16)
Pub. L. 103–465, § 233(a)(4), substituted “foreign like product” for “such or similar merchandise” in introductory provisions
Source evidence
Code amendment note
Par. (16). Pub. L. 103–465, § 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.Enacted provision · exact public law section
(4) Foreign like product.— Section 771(16) (19 U.S.C. 1677(16)) is amended— (A) by striking “such or similar merchandise” in the text and inserting “foreign like product”, and (B) by amending the heading to read as follows: “Foreign like product.”.Pub. L. 103–465 § 233(a)(5)(DD) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(16)(A)
Pub. L. 103–465, § 233(a)(5)(DD), substituted “subject merchandise” for “merchandise which is the subject of an investigation”
Source evidence
Code amendment note
Par. (16)(A). Pub. L. 103–465, § 233(a)(5)(DD), substituted “subject merchandise” for “merchandise which is the subject of an investigation”.Enacted provision · exact public law section
(DD) Section 771(16)(A) (19 U.S.C. 1677(16)(A)) is amended by striking “merchandise which is the subject of an investigation” and inserting “subject merchandise”.Pub. L. 103–465 § 233(a)(5)(EE) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(16)(B)(i)
Pub. L. 103–465, § 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
Source evidence
Code amendment note
Par. (16)(B)(i). Pub. L. 103–465, § 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.Enacted provision · exact public law section
(EE) Section 771(16)(B)(i) (19 U.S.C. 1677(16)(B)(i)) is amended by striking “merchandise which is the subject of an investigation” and inserting “subject merchandise”.Pub. L. 103–465 § 233(a)(5)(FF) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1677(17)
Pub. L. 103–465, § 233(a)(5)(FF), substituted “subject merchandise” for “merchandise which is the subject of the investigation”
Source evidence
Code amendment note
Par. (17). Pub. L. 103–465, § 233(a)(5)(FF), substituted “subject merchandise” for “merchandise which is the subject of the investigation”.Enacted provision · exact public law section
(FF) Section 771(17) (19 U.S.C. 1677(17)) is amended by striking “merchandise which is the subject of the investigation” and inserting “subject merchandise”.Pub. L. 103–465 § 222(d)(2) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(24)
Pub. L. 103–465, § 222(d)(2), added par. (24)
Source evidence
Code amendment note
Par. (24). Pub. L. 103–465, § 222(d)(2), added par. (24).Enacted provision · exact public law section
(2) by adding at the end the following: “(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 702(b) or 732(b), or “(II) the initiation of the investigation, if the investigation was initiated under section 702(a) or 732(a). “(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 snail 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 701, 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.”.Pub. L. 103–465 § 222(i)(1) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(25)(34)
Pub. L. 103–465, § 222(i)(1), added pars. (25) to (34)
Source evidence
Code amendment note
Pars. (25) to (34). Pub. L. 103–465, § 222(i)(1), added pars. (25) to (34).Enacted provision · exact public law section
(1) In general.— Section 771 (19 U.S.C. 1677), as amended by subsection (d), is amended by adding at the end the following: “(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 title or section 303, or a finding under the Antidumping Act, 1921. “(26) Section 303.— The terms ‘section 303’ and ‘303’ mean section 303 of this Act 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 704(b), 704(c), 734(b), 734(c), or 734(1). “(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 773, 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 2(9) of the Uruguay Round Agreements Act. “(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.”.Pub. L. 103–465 § 229(b) · 108 Stat. 4809
Added · 19 U.S.C. § 1677(35)
Pub. L. 103–465, § 229(b), added par. (35)
Source evidence
Code amendment note
Par. (35). Pub. L. 103–465, § 229(b), added par. (35).Enacted provision · exact public law section
(b) Dumping Margin; Weighted Average Dumping Margin.— Section 771 (19 U.S.C. 1677), as amended by section 222(i), is amended by adding at the end the following new paragraph: “(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 deter-mined 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 733(a) 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 735(b), 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 751(b)(2), the most recent dumping margin or margins determined by the administering authority under section 752(c)(3), if any, or under section 733(b) or 735(a); and “(iv) in a review under section 751(c), the dumping margin or margins determined by the administering authority under section 752(c)(3).”.Pub. L. 103–465 § 267 · 108 Stat. 4809
Added · 19 U.S.C. § 1677(36)
Pub. L. 103–465, § 267, added par. (36)
Source evidence
Code amendment note
Par. (36). Pub. L. 103–465, § 267, added par. (36).Enacted provision · exact public law section
SEC. 267. DEFINITION OF DEVELOPING AND LEAST-DEVELOPED COUNTRY. Section 771 (19 U.S.C. 1677), as amended, is amended by adding at the end the following new paragraph: “(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 Federal Register, publication. 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 snail be for purposes of this title only and shall not affect the determination of a country’s status as a developing er least developed country with respect to any other law.”.Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(b)(7) · 110 Stat. 3514
Substituted · 19 U.S.C. § 1677(16)(C)(i)
Pub. L. 104–295, § 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
Source evidence
Code amendment note
Par. (16)(C)(i). Pub. L. 104–295, § 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.Enacted provision · exact public law section
(7) Section 771(16)(B)(i) of the Tariff Act of 1930 (19 U.S.C. 1677(16)(B)(i)) is amended by striking “merchandise which is the subject of the investigation” and inserting “subject merchandise”.Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(b)(14) · 110 Stat. 3514
Substituted · 19 U.S.C. § 1677(30)
Pub. L. 104–295, § 20(b)(14), substituted “Agreement” for “agreement” after “applies the WTO”
Source evidence
Code amendment note
Par. (30). Pub. L. 104–295, § 20(b)(14), substituted “Agreement” for “agreement” after “applies the WTO”.Enacted provision · exact public law section
(14) Section 771(30) of the Tariff Act of 1930 (19 U.S.C. 1677(30)) is amended by striking “agreement” and inserting “Agreement”.American Trade Enforcement Effectiveness Act
Pub. L. 114–27 § 503(b) · 129 Stat. 362
Amended · 19 U.S.C. § 1677(7)(C)(iii)(I)
Pub. L. 114–27, § 503(b), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity,”
Source evidence
Code amendment note
Par. (7)(C)(iii)(I). Pub. L. 114–27, § 503(b), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity,”.Enacted provision · exact public law section
(b) Evaluation of Impact on Domestic Industry in Determination of Material Injury.— Subclause (I) of section 771(7)(C)(iii) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iii)) is amended to read as follows: “(I) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity,” .American Trade Enforcement Effectiveness Act
Pub. L. 114–27 § 503(c) · 129 Stat. 362
Inserted · 19 U.S.C. § 1677(7)(C)(iv)(I)(III)
Pub. L. 114–27, § 503(c), inserted “and” at end of subcl. (I)
Struck · 19 U.S.C. § 1677(7)(C)(iv)(I)(III)
Pub. L. 114–27, § 503(c), struck out “and” after comma at end of subcl. (II)
Struck · 19 U.S.C. § 1677(7)(C)(iv)(I)(III)
Pub. L. 114–27, § 503(c), struck out subcl. (III) which read as follows: “the production of the domestic like product sold in the merchant market is not generally used in the production of that downstream article,”
Source evidence
Code amendment note
Par. (7)(C)(iv)(I) to (III). Pub. L. 114–27, § 503(c), inserted “and” at end of subcl. (I), struck out “and” after comma at end of subcl. (II), and struck out subcl. (III) which read as follows: “the production of the domestic like product sold in the merchant market is not generally used in the production of that downstream article,”.Enacted provision · exact public law section
(c) Captive Production.— Section 771(7)(C)(iv) of the Tariff Act of 1930 (19 U.S.C. 1677(7)(C)(iv)) is amended— (1) in subclause (I), by striking the comma and inserting “, and”; (2) in subclause (II), by striking “, and” and inserting a comma; and (3) by striking subclause (III).American Trade Enforcement Effectiveness Act
Pub. L. 114–27 § 503(a) · 129 Stat. 362
Added · 19 U.S.C. § 1677(7)(J)
Pub. L. 114–27, § 503(a), added subpar. (J)
Source evidence
Code amendment note
Par. (7)(J). Pub. L. 114–27, § 503(a), added subpar. (J).Enacted provision · exact public law section
(a) Effect of Profitability of Domestic Industries.— Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended by adding at the end the following: “(J) Effect of profitability.— The Commission may not determine that there is no material injury or threat of material injury to an industry in the United States merely because that industry is profitable or because the performance of that industry has recently improved.” .American Trade Enforcement Effectiveness Act
Pub. L. 114–27 § 504(a) · 129 Stat. 362
Added · 19 U.S.C. § 1677(15)(C)
Pub. L. 114–27, § 504(a), added subpar. (C)
Source evidence
Code amendment note
Par. (15)(C). Pub. L. 114–27, § 504(a), added subpar. (C).Enacted provision · exact public law section
(a) Definition of Ordinary Course of Trade.— Section 771(15) of the Tariff Act of 1930 (19 U.S.C. 1677(15)) is amended by adding at the end the following: “(C) Situations in which the administering authority determines that the particular market situation prevents a proper comparison with the export price or constructed export price.” .United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 title IV § 422(b) · 134 Stat. 11
Added · 19 U.S.C. § 1677(22)
Pub. L. 116–113 added par. (22)
Struck · 19 U.S.C. § 1677(22)
Pub. L. 116–113 struck out former par. (22) which defined “NAFTA” as the North American Free Trade Agreement
Source evidence
Code amendment note
Par. (22). Pub. L. 116–113 added par. (22) and struck out former par. (22) which defined “NAFTA” as the North American Free Trade Agreement.Enacted provision · exact public law section
(b) Definition.— Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by striking paragraph (22) and inserting the following: “(22) USMCA.— The term ‘USMCA’ has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act.” .Effective date note
Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of this title.
83 of 90 references resolved to an enrolled provision · 7 partial
Notes
Amendment of Section
For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
Editorial Notes
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, , 97 Stat. 384, which is classified principally to chapter 15 (§ 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 , by Pub. L. 103–465, title II, § 261(a), , 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, which was classified generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), , 93 Stat. 193.
For the effective date of title II of the Uruguay Round Agreements Act, referred to in par. (26), as , see Effective Date of 1994 Amendment note set out under section 1671 of this title.
Amendments1984–2020 · 9 rounds
2020
Par. (22). Pub. L. 116–113 added par. (22) and struck out former par. (22) which defined “NAFTA” as the North American Free Trade Agreement.
2015
Par. (7)(C)(iii)(I). Pub. L. 114–27, § 503(b), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity,”.
Par. (7)(C)(iv)(I) to (III). Pub. L. 114–27, § 503(c), inserted “and” at end of subcl. (I), struck out “and” after comma at end of subcl. (II), and struck out subcl. (III) which read as follows: “the production of the domestic like product sold in the merchant market is not generally used in the production of that downstream article,”.
Par. (7)(J). Pub. L. 114–27, § 503(a), added subpar. (J).
Par. (15)(C). Pub. L. 114–27, § 504(a), added subpar. (C).
1996
Par. (16)(C)(i). Pub. L. 104–295, § 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, § 20(b)(14), substituted “Agreement” for “agreement” after “applies the WTO”.
1994
Par. (1). Pub. L. 103–465, § 233(b)(2), substituted “Secretary of Commerce” for “Secretary of the Treasury”.
Par. (4)(A). Pub. L. 103–465, § 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, § 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, § 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, §§ 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, §§ 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, § 251(a), added pars. (5) to (5B), and struck out former par. (5) which defined “subsidy”.
Par. (6). Pub. L. 103–465, § 251(b), inserted “countervailable” before “subsidy” wherever appearing in heading and text.
Par. (7)(B)(i)(I). Pub. L. 103–465, § 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, § 233(a)(3)(B), substituted “domestic like products” for “like products”.
Par. (7)(C)(iii). Pub. L. 103–465, § 222(b)(3), substituted “subparagraph (B)(i)(III)” for “subparagraph (B)(iii)” in introductory provisions.
Par. (7)(C)(iii)(IV). Pub. L. 103–465, § 233(a)(3)(A)(ii), substituted “domestic like product” for “like product”.
Par. (7)(C)(iii)(V). Pub. L. 103–465, § 222(b)(1), added subcl. (V).
Par. (7)(C)(iv). Pub. L. 103–465, § 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, § 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 , 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, § 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, § 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, § 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, § 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, § 222(e)(2), added subpars. (G) and (H).
Par. (7)(I). Pub. L. 103–465, § 222(f), added subpar. (I).
Par. (8). Pub. L. 103–465, § 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, §§ 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, § 222(g)(2), inserted “or from which such merchandise is exported” after “manufactured”.
Par. (9)(C) to (F). Pub. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product”.
Par. (10). Pub. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product” in heading and text.
Par. (11). Pub. L. 103–465, § 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, § 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, § 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, § 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, § 233(a)(5)(DD), substituted “subject merchandise” for “merchandise which is the subject of an investigation”.
Par. (16)(B)(i). Pub. L. 103–465, § 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, § 233(a)(5)(FF), substituted “subject merchandise” for “merchandise which is the subject of the investigation”.
Par. (24). Pub. L. 103–465, § 222(d)(2), added par. (24).
Pars. (25) to (34). Pub. L. 103–465, § 222(i)(1), added pars. (25) to (34).
Par. (35). Pub. L. 103–465, § 229(b), added par. (35).
Par. (36). Pub. L. 103–465, § 267, added par. (36).
1993
Pars. (18), (21). Pub. L. 103–182, § 412(b)(1), redesignated par. (18), relating to United States-Canada Agreement, as (21).
Par. (22). Pub. L. 103–182, § 412(b)(2), added (22).
Par. (23). Pub. L. 103–182, § 637(b), added par. (23).
1990
Par. (7)(C)(iv). Pub. L. 101–382, § 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, § 224(b), substituted “(C)(iv)(II) and (v)” for “(C)(v)”.
Par. (20)(A). Pub. L. 101–382, § 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, § 1326(a), added subpar. (E).
Par. (5). Pub. L. 100–418, § 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, § 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, § 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, § 1330(b), added cl. (v).
Par. (7)(F)(i)(IX). Pub. L. 100–418, § 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, § 1329(1)–(3), added subcl. (X).
Par. (7)(F)(iii). Pub. L. 100–418, § 1329(4), added cl. (iii).
Par. (7)(F)(iv). Pub. L. 100–418, § 1330(a), added cl. (iv).
Par. (9)(G). Pub. L. 100–418, § 1326(c), added subpar. (G).
Par. (18). Pub. L. 100–449 temporarily added par. (18) relating to United States-Canada Agreement. See Effective and Termination Dates of 1988 Amendment note below.
Pub. L. 100–418, § 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, § 1335, added par. (19) relating to application to governmental importations.
Pub. L. 100–418, § 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, § 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, § 612(a)(2)(A), added cl. (iv).
Par. (7)(F). Pub. L. 98–573, § 612(a)(2)(B), added subpar. (F).
Par. (9)(F). Pub. L. 98–573, § 612(a)(3), added subpar. (F).
Par. (14)(A), (B). Pub. L. 98–573, § 612(a)(4), substituted “in commercial quantities” for “at wholesale”.
Par. (17). Pub. L. 98–573, § 612(a)(5), substituted “commercial quantities” for “wholesale quantities”.
Statutory Notes and Related Subsidiaries
Change of Name
“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in two places in par. (18)(E) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.
Effective Date of 2020 Amendment
Amendment by Pub. L. 116–113 effective on the date on which the USMCA enters into force (), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Pub. L. 116–113, set out as a note under section 1516a of this title.
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 (), 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 [], 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, formerly set out as an Effective Date note under former section 3431 of this title.
Effective Date of 1990 Amendment
Pub. L. 101–382, title II, § 224(c), , 104 Stat. 660, 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 [].”
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100–647 applicable as if such amendment took effect on , 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 (), 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 , and to reviews initiated under section 1673e(c) or 1675 of this title after , 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 , 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 , 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 ; 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 , 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 , 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 , see section 107 of Pub. L. 96–39, set out as a note under section 1671 of this title.
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 , as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of , see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.
Effect of Termination of USMCA Country Status
For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 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 [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 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 , see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
Executive Documents
Transfer of Functions
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, § 5(a)(1)(C), 44 F.R. 69275, 93 Stat. 1381, eff. , as provided by section 1–107(a) of Ex. Ord. No. 12188, , 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.
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 . See note set out under section 3511 of this title.
Credits
1930–2020 · 13 acts
- 1930June 17, 1930, ch. 497, title VII, § 771, as added Pub. L. 96–39, title I, § 101, , 93 Stat. 176
- 1984amended Pub. L. 98–573, title VI, § 612(a), , 98 Stat. 3033
- 1986Pub. L. 99–514, title XVIII, § 1886(a)(9), , 100 Stat. 2922
- 1988Pub. L. 100–418, title I, §§ 1312, 1316(b), 1326(a)–(c), 1327–1330, 1335, , 102 Stat. 1184, 1187, 1203–1206, 1210
- 1988Pub. L. 100–449, title IV, § 403(d), , 102 Stat. 1887
- 1988Pub. L. 100–647, title IX, § 9001(a)(5), , 102 Stat. 3807
- 1990Pub. L. 101–382, title I, § 139(a)(3), title II, § 224(a), (b), , 104 Stat. 653, 659, 660
- 1993Pub. L. 103–182, title IV, § 412(b), title VI, § 637(b), , 107 Stat. 2146, 2203
- 1994Pub. L. 103–465, title II, §§ 221(b), 222, 229(b), 233(a)(3), (4), (5)(BB)–(FF), (b), 251, 266, 267, 270(c)(2), (e), , 108 Stat. 4869, 4890, 4898–4902, 4915, 4917, 4918
- 1996Pub. L. 104–295, § 20(b)(7), (14), , 110 Stat. 3527
- 2015Pub. L. 114–27, title V, §§ 503, 504(a), , 129 Stat. 384, 385
- 2016Pub. L. 114–125, title VIII, § 802(d)(2), , 130 Stat. 210
- 2020Pub. L. 116–113, title IV, § 422(b), , 134 Stat. 65.
Show as published
(June 17, 1930, ch. 497, title VII, § 771, as added Pub. L. 96–39, title I, § 101, , 93 Stat. 176; amended Pub. L. 98–573, title VI, § 612(a), , 98 Stat. 3033; Pub. L. 99–514, title XVIII, § 1886(a)(9), , 100 Stat. 2922; Pub. L. 100–418, title I, §§ 1312, 1316(b), 1326(a)–(c), 1327–1330, 1335, , 102 Stat. 1184, 1187, 1203–1206, 1210; Pub. L. 100–449, title IV, § 403(d), , 102 Stat. 1887; Pub. L. 100–647, title IX, § 9001(a)(5), , 102 Stat. 3807; Pub. L. 101–382, title I, § 139(a)(3), title II, § 224(a), (b), , 104 Stat. 653, 659, 660; Pub. L. 103–182, title IV, § 412(b), title VI, § 637(b), , 107 Stat. 2146, 2203; Pub. L. 103–465, title II, §§ 221(b), 222, 229(b), 233(a)(3), (4), (5)(BB)–(FF), (b), 251, 266, 267, 270(c)(2), (e), , 108 Stat. 4869, 4890, 4898–4902, 4915, 4917, 4918; Pub. L. 104–295, § 20(b)(7), (14), , 110 Stat. 3527; Pub. L. 114–27, title V, §§ 503, 504(a), , 129 Stat. 384, 385; Pub. L. 114–125, title VIII, § 802(d)(2), , 130 Stat. 210; Pub. L. 116–113, title IV, § 422(b), , 134 Stat. 65.)