§ 1677f. Access to information

Footnotes

1. 1 So in original.

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.

1. 1930

   Trade Agreements Act of 1979

   Pub. L. 96–39 title I § 101 · 93 Stat. 144

   Enacted · 19 U.S.C. § 1677f

   June 17, 1930, ch. 497, title VII, § 777, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 187

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title VII, § 777, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 187

   Enacted 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.”.

2. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 § 619(1) · 98 Stat. 2948

   1. Amended · 19 U.S.C. § 1677f(a)(3)

      Pub. L. 98–573, § 619(1), amended par. (3) generally

   2. Substituted · 19 U.S.C. § 1677f(a)(3)

      Pub. L. 98–573, § 619(1), substituting in provisions preceding subpar. (A) “of any ex parte meeting” for “of ex parte meetings”

   3. Substituted · 19 U.S.C. § 1677f(a)(3)

      Pub. L. 98–573, § 619(1), substituting in provisions preceding subpar. (A) “a proceeding” for “an investigation”

   4. Substituted · 19 U.S.C. § 1677f(a)(3)

      Pub. L. 98–573, § 619(1), substituting in provisions preceding subpar. (A) “or any person” for “and any person”

   5. Substituted · 19 U.S.C. § 1677f(a)(3)

      Pub. L. 98–573, § 619(1), substituting in provisions preceding subpar. (A) “that proceeding,” for “that investigation,”

   6. Substituted · 19 U.S.C. § 1677f(a)(3)

      Pub. L. 98–573, § 619(1), substituting in provisions preceding subpar. (A) “if information relating to that proceeding was presented or discussed at such meeting. The record of such an” for “The record of the”

   Source evidence

   Code amendment note
   Subsec. (a)(3). Pub. L. 98–573, § 619(1), amended par. (3) generally, substituting in provisions preceding subpar. (A) “of any ex parte meeting” for “of ex parte meetings”, in subpar. (A) “a proceeding” for “an investigation”, in subpar. (B) “or any person” for “and any person” and “that proceeding,” for “that investigation,” and, in provisions following subpar. (B), “if information relating to that proceeding was presented or discussed at such meeting. The record of such an” for “The record of the”.

   Enacted provision · exact public law section
   (1) by amending paragraph (3) of subsection (a) to read as follows: “(3) Ex parte meetings.— The administering authority and the Commission shall maintain a record of any ex parte meeting between— “(A) interested parties or other persons providing factual information in connection with a proceeding, and “(B) the person charged with making the determination, or any person charged with making a final recommendation to that person, in connection with that proceeding, if information relating to that proceeding was presented or discussed at such meeting. The record of such an ex parte meeting shall include the identity of the persons present at the meeting, the date, time, and place of the meeting, and a summary of the matters discussed or submitted. The record of the ex parte meeting shall be included in the record of the proceeding.”;

3. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 § 619(2) · 98 Stat. 2948

   Inserted · 19 U.S.C. § 1677f(b)(1)

   Pub. L. 98–573, § 619(2), in first sentence, inserted provision referring to an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding fraud under this subtitle

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 98–573, § 619(2), in first sentence, inserted provision referring to an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding fraud under this subtitle.

   Enacted provision · exact public law section
   (2) by striking out “submitted)” in the first sentence of subsection (b) and inserting in lieu thereof “submitted, or an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding fraud under this title)”;

4. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 § 619(3) · 98 Stat. 2948

   1. Amended · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 98–573, § 619(3), as amended by Pub. L. 99–514, § 1889(8)

   2. Substituted · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 98–573, § 619(3), as amended second sentence generally, and thereby substituted “the Commission shall require” for “the Commission may require”

   3. Amended · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 98–573, § 619(3), as designated existing provisions as subpar. (A) and, in subpar. (A) as so designated

   4. Substituted · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 98–573, § 619(3), as substituted “either— (i) a nonconfidential summary” for “a non-confidential summary”

   5. Inserted · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 98–573, § 619(3), as inserted designation “(ii)”

   6. Substituted · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 98–573, § 619(3), as substituted “summary accompanied” for “summary, accompanied”

   7. Added · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 98–573, § 619(3), as added subpar. (B)

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 98–573, § 619(3), as amended by Pub. L. 99–514, § 1889(8), amended second sentence generally, and thereby substituted “the Commission shall require” for “the Commission may require”, designated existing provisions as subpar. (A) and, in subpar. (A) as so designated, substituted “either— (i) a nonconfidential summary” for “a non-confidential summary”, inserted designation “(ii)”, substituted “summary accompanied” for “summary, accompanied”, and added subpar. (B).

   Enacted provision · exact public law section
   (3) by striking out the second sentence of subsection (b) and inserting in lieu thereof the following new sentence: “The administering authority and the Commission shall require that information for which confidential treatment is requested be accompanied by— “(A) either— “(i) a nonconfidential summary in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence, or “(ii) a statement that the information is not susceptible to summary accompanied by a statement of the reasons in support of the contention, and “(B) either— “(i) a statement which permits the administering authority to release under administrative protective order, in accordance with subsection (c), the information submitted in confidence, or “(ii) a statement that the information should not be released under administrative protective order.”; and

5. 1984

   Trade and Tariff Act of 1984

   Pub. L. 98–573 § 619(4) · 98 Stat. 2948

   Inserted · 19 U.S.C. § 1677f(c)(1)(A)

   Pub. L. 98–573, § 619(4), inserted “(before or after receipt of the information requested)”

   Source evidence

   Code amendment note
   Subsec. (c)(1)(A). Pub. L. 98–573, § 619(4), inserted “(before or after receipt of the information requested)”.

   Enacted provision · exact public law section
   (4) by inserting “(before or after receipt of the information requested)” after “application,” in subsection (c)(1)(A).

6. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 1886(a)(13)(A) · 100 Stat. 2085

   1. Substituted · 19 U.S.C. § 1677f(a)(4)

      Pub. L. 99–514, § 1886(a)(13)(A), substituted “non-proprietary” for “nonconfidential” in two places in text

   2. Substituted · 19 U.S.C. § 1677f(a)(4)

      Pub. L. 99–514, § 1886(a)(13)(A), substituted “proprietary” for “confidential” in two places in text

   Source evidence

   Code amendment note
   Subsec. (a)(4). Pub. L. 99–514, § 1886(a)(13)(A), substituted “non-proprietary” for “nonconfidential” in heading, and “proprietary” for “confidential” in two places in text.

   Enacted provision · exact public law section
   (A) by striking out “confidential”, “nonconfidential”, and “confidentiality” each place they appear in the text and in the side headings and inserting in lieu thereof “proprietary”, “non-proprietary”, and “proprietary status”, respectively; and

7. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 1886(a)(13)(A) · 100 Stat. 2085

   Substituted · 19 U.S.C. § 1677f(b)

   Pub. L. 99–514, § 1886(a)(13)(A), substituted “Proprietary” for “Confidential” in heading

   Source evidence

   Code amendment note
   Subsec. (b). Pub. L. 99–514, § 1886(a)(13)(A), substituted “Proprietary” for “Confidential” in heading.

   Enacted provision · exact public law section
   (A) by striking out “confidential”, “nonconfidential”, and “confidentiality” each place they appear in the text and in the side headings and inserting in lieu thereof “proprietary”, “non-proprietary”, and “proprietary status”, respectively; and

8. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 1886(a)(13)(A) · 100 Stat. 2085

   1. Substituted · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 99–514, § 1886(a)(13)(A), substituted “Proprietary status” for “Confidentiality” in subpar. (A)(i)

   2. Substituted · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 99–514, § 1886(a)(13)(A), substituted “proprietary” for “confidential” in subpar. (A)(i)

   3. Substituted · 19 U.S.C. § 1677f(b)(1)

      Pub. L. 99–514, § 1886(a)(13)(A), substituted “non-proprietary” for “nonconfidential” in subpar. (A)(i)

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 99–514, § 1886(a)(13)(A), substituted “Proprietary status” for “Confidentiality” in heading, “proprietary” for “confidential” in two places in introductory provisions, and “non-proprietary” for “nonconfidential” in subpar. (A)(i).

   Enacted provision · exact public law section
   (A) by striking out “confidential”, “nonconfidential”, and “confidentiality” each place they appear in the text and in the side headings and inserting in lieu thereof “proprietary”, “non-proprietary”, and “proprietary status”, respectively; and

9. 1986

   Tax Reform Act of 1986

   Pub. L. 99–514 § 1889(8) · 100 Stat. 2085

   Changed · 19 U.S.C. § 1677f(b)(1)

   Pub. L. 99–514, § 1889(8), made technical correction to directory language of Pub. L. 98–573, § 619(3), requiring no change in text. See 1984 Amendment note below

   Target inherited from the preceding amendment note.

   Source evidence

   Code amendment note
   Pub. L. 99–514, § 1889(8), made technical correction to directory language of Pub. L. 98–573, § 619(3), requiring no change in text. See 1984 Amendment note below.

   Enacted provision · exact public law section
   (8) Paragraph (3) of section 619 is amended by striking out “subsection (b)” and inserting in lieu thereof “subsection (b)(1)”.

10. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1886(a)(13)(B) · 100 Stat. 2085

    Inserted · 19 U.S.C. § 1677f(b)(1)(B)(i)

    Pub. L. 99–514, § 1886(a)(13)(B), inserted “or the Commission” after “authority”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B)(i). Pub. L. 99–514, § 1886(a)(13)(B), inserted “or the Commission” after “authority”.

    Enacted provision · exact public law section
    (B) by inserting “or the Commission” after “administering authority” in subsection (b)(I)(B)(i).

11. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1886(a)(13)(A) · 100 Stat. 2085

    Substituted · 19 U.S.C. § 1677f(b)(2)

    Pub. L. 99–514, § 1886(a)(13)(A), substituted “proprietary” for “confidential”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 99–514, § 1886(a)(13)(A), substituted “proprietary” for “confidential”.

    Enacted provision · exact public law section
    (A) by striking out “confidential”, “nonconfidential”, and “confidentiality” each place they appear in the text and in the side headings and inserting in lieu thereof “proprietary”, “non-proprietary”, and “proprietary status”, respectively; and

12. 1986

    Tax Reform Act of 1986

    Pub. L. 99–514 § 1886(a)(13)(A) · 100 Stat. 2085

    Substituted · 19 U.S.C. § 1677f(c)

    Pub. L. 99–514, § 1886(a)(13)(A), substituted “proprietary” for “confidential” in heading and in pars. (1)(A) and (2)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 99–514, § 1886(a)(13)(A), substituted “proprietary” for “confidential” in heading and in pars. (1)(A) and (2).

    Enacted provision · exact public law section
    (A) by striking out “confidential”, “nonconfidential”, and “confidentiality” each place they appear in the text and in the side headings and inserting in lieu thereof “proprietary”, “non-proprietary”, and “proprietary status”, respectively; and

13. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1332(1) · 102 Stat. 1107

    Amended · 19 U.S.C. § 1677f(b)(1)(B)(ii)

    Pub. L. 100–418, § 1332(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “a statement that the information should not be released under administrative protective order.”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(B)(ii). Pub. L. 100–418, § 1332(1), amended cl. (ii) generally. Prior to amendment, cl. (ii) read as follows: “a statement that the information should not be released under administrative protective order.”

    Enacted provision · exact public law section
    (1) by amending subsection (b)(1)(B)(ii) to read as follows: “(ii) a statement to the administering authority or the Commission that the business proprietary informa-tion is of a type that should not be released under administrative protective order.”;

14. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1332(2)(A) · 102 Stat. 1107

    Amended · 19 U.S.C. § 1677f(c)(1)(A)

    Pub. L. 100–418, § 1332(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Upon receipt of an application, (before or after receipt of the information requested) which describes with particularity the information requested and sets forth the reasons for the request, the administering authority and the Commission may make proprietary information submitted by any other party to the investigation available under a protective order described in subparagraph (B).”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 100–418, § 1332(2)(A), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “Upon receipt of an application, (before or after receipt of the information requested) which describes with particularity the information requested and sets forth the reasons for the request, the administering authority and the Commission may make proprietary information submitted by any other party to the investigation available under a protective order described in subparagraph (B).”

    Enacted provision · exact public law section
    (A) by amending subparagraph (A) to read as follows: “(A) In general.— Upon receipt of an application (before or after receipt of the information requested) which describes in general terms the information requested and sets forth the reasons for the request, the administering authority or the Commission shall make all business proprietary information presented to, or obtained by it, during a proceeding (except privileged information, classified information, and specific information of a type for which there is a clear and compelling need to withhold from disclosure) available to interested parties who are parties to the proceeding under a protective order described in subparagraph (B), regardless of when the information is submitted during a proceeding.”; and

15. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1332(2)(B) · 102 Stat. 1107

    Added · 19 U.S.C. § 1677f(c)(1)(C)(E)

    Pub. L. 100–418, § 1332(2)(B), added subpars. (C) to (E)

    Source evidence

    Code amendment note
    Subsec. (c)(1)(C) to (E). Pub. L. 100–418, § 1332(2)(B), added subpars. (C) to (E).

    Enacted provision · exact public law section
    (B) by adding at the end thereof the following new subparagraphs: “(C) Time limitation on determinations.— The administering authority or the Commission, as the case may be, shall determine whether to make information available under this paragraph— “(i) not later than 14 days (7 days if the submission pertains to a proceeding under section 703(a) or 733(a)) after the date on which the information is submitted, or “(ii) if— “(I) the person that submitted the information raises objection to its release, or “(II) the information is unusually voluminous or complex, not later than 30 days (10 days if the submission pertains to a proceeding under section 703(a) or 733(a)) after the date on which the information is submitted. “(D) Availability after determination.— If the determination under subparagraph (C) is affirmative, then— “(i) the business proprietary information submitted to the administering authority or the Commission on or before the date of the determination shall be made available, subject to the terms and conditions of the protective order, on such date; and “(ii) the business proprietary information submitted to the administering authority or the Commission after the date of the determination shall be served as required by subsection (d). “(E) Failure to disclose.— If a person submitting information to the administering authority refuses to dis-close business proprietary information which the administering authority determines should be released under a protective order described in subparagraph (B), the administering authority shall return the information, and any nonconfidential summary thereof, to the person submitting the information and summary and shall not consider either.”;

16. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1332(3) · 102 Stat. 1107

    Struck · 19 U.S.C. § 1677f(c)(2)

    Pub. L. 100–418, § 1332(3), struck out “or the Commission denies a request for proprietary information submitted by the petitioner or an interested party in support of the petitioner concerning the domestic price or cost of production of the like product,” after “information under paragraph (1),”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 100–418, § 1332(3), struck out “or the Commission denies a request for proprietary information submitted by the petitioner or an interested party in support of the petitioner concerning the domestic price or cost of production of the like product,” after “information under paragraph (1),”.

    Enacted provision · exact public law section
    (3) by striking out “or the Commission denies a request for proprietary information submitted by the petitioner or an in-terested party in support of the petitioner concerning the domestic price or cost of production of the like product,” in subsection (c)(2); and

17. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1332(4) · 102 Stat. 1107

    Added · 19 U.S.C. § 1677f(d)

    Pub. L. 100–418, § 1332(4), added subsec. (d) relating to service

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 100–418, § 1332(4), added subsec. (d) relating to service.

    Enacted provision · exact public law section
    (4) by adding at the end thereof the following new subsections: “(d) Service.— Any party submitting written information, including business proprietary information, to the administering authority or the Commission during a proceeding shall, at the same time, serve the information upon all interested parties who are parties to the proceeding, if the information is covered by a protective order. The administering authority or the Commission shall not accept any such information that is not accompanied by a certificate of service and a copy of the protective order version of the document containing the information. Business proprietary information shall only be served upon interested parties who are parties to the proceeding that are subject to protective order; however, a nonconfidential summary thereof shall be served upon all other interested parties who are parties to the proceeding. “(e) Timely Submissions.— Information shall be submitted to the administering authority or the Commission during the course of a proceeding on a timely basis and shall be subject to comment by other parties within such reasonable time as the administering authority or the Commission shall provide. If information is submitted without an adequate opportunity for other parties to comment thereon, the administering authority or the Commission may return the information to the party submitting it and not consider it.”.

18. 1988

    Omnibus Trade and Competitiveness Act of 1988

    Pub. L. 100–418 § 1332(4) · 102 Stat. 1107

    Added · 19 U.S.C. § 1677f(e)

    Pub. L. 100–418, § 1332(4), added subsec. (e)

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 100–418, § 1332(4), added subsec. (e).

    Enacted provision · exact public law section
    (4) by adding at the end thereof the following new subsections: “(d) Service.— Any party submitting written information, including business proprietary information, to the administering authority or the Commission during a proceeding shall, at the same time, serve the information upon all interested parties who are parties to the proceeding, if the information is covered by a protective order. The administering authority or the Commission shall not accept any such information that is not accompanied by a certificate of service and a copy of the protective order version of the document containing the information. Business proprietary information shall only be served upon interested parties who are parties to the proceeding that are subject to protective order; however, a nonconfidential summary thereof shall be served upon all other interested parties who are parties to the proceeding. “(e) Timely Submissions.— Information shall be submitted to the administering authority or the Commission during the course of a proceeding on a timely basis and shall be subject to comment by other parties within such reasonable time as the administering authority or the Commission shall provide. If information is submitted without an adequate opportunity for other parties to comment thereon, the administering authority or the Commission may return the information to the party submitting it and not consider it.”.

19. 1988

    United States-Canada Free-Trade Agreement Implementation Act of 1988

    Pub. L. 100–449 title IV § 403(c) · 102 Stat. 1851

    Added · 19 U.S.C. § 1677f(d)

    Pub. L. 100–449 temporarily added subsec. (d) relating to disclosure of proprietary information, etc. See Effective and Termination Dates of 1988 Amendment note below

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 100–449 temporarily added subsec. (d) relating to disclosure of proprietary information, etc. See Effective and Termination Dates of 1988 Amendment note below.

    Enacted provision · exact public law section
    (c) Section 777 of the Tariff Act of 1930 (19 U.S.C. 16770 is amended by adding at the end thereof the following new subsection: “(d) Disclosure of Proprietary Information Under Protective Orders Issued Pursuant to the United States-Canada Agreement.— “(1) Issuance of protective orders.— “(A) In general.— If bi national panel review of a determination under this title is requested pursuant to article 1904 of the United States-Canada Agreement, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement, the administering authority or the Commission, as appropriate, may make available to authorized persons, under a protective order described in paragraph (2), a copy of all proprietary material (but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement) in the administrative record made during the proceeding in question. “(B) Authorized persons.— For purposes of this subsection, the term “authorized persons” means— “(i) the members of, and the appropriate staff of, the binational panel or the extraordinary challenge committee, as the case may be, and the Secretariat, “(ii) counsel for parties to such panel or committee proceeding, and employees of such counsel, and “(iii) any officer or employee of the United States Government designated by the administering authority or the Commission, as appropriate, to whom disclosure is necessary in order to implement the United States-Canada Agreement with respect to such proceeding. “(C) Review.— A decision concerning the disclosure or nondisclosure of material under protective order by the administering authority or the Commission shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such decision on any question of law or fact by an action in the nature of mandamus or otherwise. “(2) Contents of protective order.— Each protective order issued under this subsection shall be in such form and contain such requirements as the administering authority or the Commission may determine by regulation to be appropriate. The administering authority and the Commission shall ensure that regulations issued pursuant to this paragraph shall be designed to provide an opportunity for participation in the binational panel proceeding equivalent to that available for judicial review of determinations by the administering authority or the Commission that are not subject to review by a binational panel. “(3) Prohibited acts.— It is unlawful for any person to violate, or to induce the violation of, any provision of a protective order issued under this subsection or to violate, or to induce the violation of, any provision of an undertaking entered into with an authorized agency of Canada to protect proprietary material during binational panel review pursuant to article 1904 of the United States-Canada Agreement. “(4) Sanctions for violation of protective orders.— Any person who is found by the administering authority or the Commission, as appropriate, after notice and an opportunity for a hearing in accordance with section 554 of title 5, United States Code, to have committed an act prohibited by paragraph (3) shall be liable to the United States for a civil penalty and shall be subject to such other administrative sanctions, including, but not limited to, debarment from practice before the administering authority or the Commission, as the administering authority or the Commission determines to be appropriate. The amount of the civil penalty shall not exceed $100,000 for each violation. Each day of a continuing violation shall constitute a separate violation. The amount of such civil penalty and other sanctions shall be assessed by the administering authority or the Commission by written notice, except that assessment shall be made by the administering authority for violation, or inducement of a violation, of an undertaking entered into by any person with an authorized agency of Canada. “(5) Review of sanctions.— Any person against whom sanctions are imposed under paragraph (4) may obtain review of such sanctions by filing a notice of appeal in the United States Court of International Trade within 30 days from the date of the order imposing the sanction and by simultaneously sending a copy of such notice by certified mail to the administering Records. authority or the Commission, as appropriate. The administering authority or the Commission shall promptly file in such court a certified copy of the record upon which such violation was found or such sanction imposed, as provided in section 2112 of title 28, United States Code. The findings and order of the administering authority or the Commission shall be set aside by the court only if the court finds that such findings and order are not supported by substantial evidence, as provided in section 706(2) of title 5, United States Code. “(6) Enforcement of sanctions.— If any person fails to pay an assessment of a civil penalty or to comply with other administrative sanctions after the order imposing such sanctions becomes a final and unappealable order, or after the United States Court of International Trade has entered final judgment in favor of the administering authority or the Commission, an action may be filed in such court to enforce the sanctions. In such action, the validity and appropriateness of the final order imposing the sanctions shall not be subject to review. “(7) Testimony and production of papers.— “(A) Authority to obtain information.— For the purpose of conducting any hearing and carrying out other functions and duties under this subsection, the administering authority and the Commission, or their duly authorized agents— “(i) shall have access to and the right to copy any pertinent document, paper, or record in the possession of any individual, partnership, corporation, association, organization, or other entity, “(ii) may summon witnesses, take testimony, and administer oaths, “(iii) and may require any individual or entity to produce pertinent documents, books, or records. Any member of the Commission, and any person so designated by the administering authority, may sign subpoenas, and members and agents of the administering authority and the Commission, when authorized by the administering authority or the Commission, as appropriate, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence. “(B) Witnesses and evidence.— The attendance of witnesses who are authorized to be summoned, and the production of documentary evidence authorized to be ordered, under subparagraph (A) may be required from any place in the United States at any designated place of hearing. In the case of disobedience to a subpoena issued under subparagraph (A), an action may be filed in any district or territorial court of the United States to require the attendance and testimony of witnesses and the production of documentary evidence. Such court, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any individual, partnership, corporation, association, organization or other entity, issue any order requiring such individual or entity to appear before the administering authority or the Commission, or to produce documentary evidence if so ordered or to give evidence concerning the matter in question. Any failure to obey such order of the court may be punished by the court as a contempt thereof. “(C) Mandamus.— Any court referred to in subparagraph (B) shall have jurisdiction to issue writs of mandamus commanding compliance with the provisions of this subsection or any order of the administering authority or the Commission made in pursuance thereof. “(D) Depositions.— For purposes of carrying out any functions or duties under this subsection, the administering authority or the Commission may order testimony to be taken by deposition. Such deposition may be taken before any person designated by the administering authority or Commission and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under the direction of such person, and shall then be subscribed by the deponent. Any individual, partnership, corporation, association, organization or other entity may be compelled to appear and depose and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the administering authority or Commission, as provided in this paragraph. “(E) Fees and mileage of witnesses.— Witnesses summoned before the administering authority or the Commission shall be paid the same fees and mileage that are paid witnesses in the courts of the United States ”.

20. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 135(b)(1) · 104 Stat. 629

    Inserted · 19 U.S.C. § 1677f(c)(1)(A)

    Pub. L. 101–382, § 135(b)(1), inserted at end “Customer names obtained during any investigation which requires a determination under section 1671d(b) or 1673d(b) of this title may not be disclosed by the administering authority under protective order until either an order is published under section 1671e(a) or 1673e(a) of this title as a result of the investigation or the investigation is suspended or terminated. The Commission may delay disclosure of customer names under protective order during any such investigation until a reasonable time prior to any hearing provided under section 1677c of this title.”

    Source evidence

    Code amendment note
    Subsec. (c)(1)(A). Pub. L. 101–382, § 135(b)(1), inserted at end “Customer names obtained during any investigation which requires a determination under section 1671d(b) or 1673d(b) of this title may not be disclosed by the administering authority under protective order until either an order is published under section 1671e(a) or 1673e(a) of this title as a result of the investigation or the investigation is suspended or terminated. The Commission may delay disclosure of customer names under protective order during any such investigation until a reasonable time prior to any hearing provided under section 1677c of this title.”

    Enacted provision · exact public law section
    (1) by adding the following sentences at the end of subsection (c)(1)(A): “Customer names obtained during any investigation which requires a determination under section 705(b) or 735(b) may not be disclosed by the administering authority under protective order until either an order is published under section 706(a) or 736(a) as a result of the investigation or the investigation is suspended or terminated. The Commission may delay disclosure of customer names under protective order during any such investigation until a reasonable time prior to any hearing provided under section 774.”; and

21. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 134(a)(4) · 104 Stat. 629

    Redesignated · 19 U.S.C. § 1677f(d)

    Pub. L. 101–382, § 134(a)(4), redesignated subsec. (d), relating to disclosure of proprietary information, etc., as (f)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 101–382, § 134(a)(4), redesignated subsec. (d), relating to disclosure of proprietary information, etc., as (f).

    Enacted provision · exact public law section
    (4) Section 777(d) of the Tariff Act of 1930 (19 U.S.C. 1677f(d)), as added by section 403(c) of the United States-Canada Free- Trade Agreement Implementation Act of 1988, is redesignated as subsection (f) and is further amended— (A) in paragraph (1)(A)— (i) by striking “(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)”, and (ii) by adding at the end thereof the following new sentence: “If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”; (B) in paragraph (1)(B)— (i) by inserting “, and persons under the direction and control,” after “employees” in clause (ii), (ii) by striking “and” at the end of clause (ii), (iii) by striking all after “in order to” in clause (iii) and inserting “make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and”; and (iv) by adding at the end thereof the following new clause: “(iv) any officer or employee of the Government of Canada designated by an authorized agency of Canada to whom disclosure is necessary in order to make decisions regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement.”; (C) in paragraph (3)— (i) by striking “or” after “violate,” each place it appears, and (ii) by inserting “or knowingly to receive information the receipt of which constitutes a violation of,” after “violation of,” each place it appears; and (D) in paragraph (4), by striking out “or inducement of a violation,” and inserting “inducement of a violation or receipt of information with reason to know that such information was disclosed in violation,”.

22. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 134(a)(4) · 104 Stat. 629

    Redesignated · 19 U.S.C. § 1677f(f)

    Pub. L. 101–382, § 134(a)(4), redesignated subsec. (d), relating to disclosure of proprietary information, etc., as (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 101–382, § 134(a)(4), redesignated subsec. (d), relating to disclosure of proprietary information, etc., as (f).

    Enacted provision · exact public law section
    (4) Section 777(d) of the Tariff Act of 1930 (19 U.S.C. 1677f(d)), as added by section 403(c) of the United States-Canada Free- Trade Agreement Implementation Act of 1988, is redesignated as subsection (f) and is further amended— (A) in paragraph (1)(A)— (i) by striking “(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)”, and (ii) by adding at the end thereof the following new sentence: “If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”; (B) in paragraph (1)(B)— (i) by inserting “, and persons under the direction and control,” after “employees” in clause (ii), (ii) by striking “and” at the end of clause (ii), (iii) by striking all after “in order to” in clause (iii) and inserting “make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and”; and (iv) by adding at the end thereof the following new clause: “(iv) any officer or employee of the Government of Canada designated by an authorized agency of Canada to whom disclosure is necessary in order to make decisions regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement.”; (C) in paragraph (3)— (i) by striking “or” after “violate,” each place it appears, and (ii) by inserting “or knowingly to receive information the receipt of which constitutes a violation of,” after “violation of,” each place it appears; and (D) in paragraph (4), by striking out “or inducement of a violation,” and inserting “inducement of a violation or receipt of information with reason to know that such information was disclosed in violation,”.

23. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 134(a)(4)(A) · 104 Stat. 629

    Struck and inserted · 19 U.S.C. § 1677f(f)(1)(A)

    Pub. L. 101–382, § 134(a)(4)(A), struck out “(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)” after “all proprietary material” and inserted at end “If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A). Pub. L. 101–382, § 134(a)(4)(A), struck out “(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)” after “all proprietary material” and inserted at end “If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”

    Enacted provision · exact public law section
    (A) in paragraph (1)(A)— (i) by striking “(but not privileged material as defined by the rules of procedure referred to in article 1904(14) of the United States-Canada Agreement)”, and (ii) by adding at the end thereof the following new sentence: “If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”;

24. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 134(a)(4)(B) · 104 Stat. 629

    1. Inserted · 19 U.S.C. § 1677f(f)(1)(B)(ii)(iv)

       Pub. L. 101–382, § 134(a)(4)(B), inserted “, and persons under the direction and control,” after “employees” in cl. (ii)

    2. Substituted · 19 U.S.C. § 1677f(f)(1)(B)(ii)(iv)

       Pub. L. 101–382, § 134(a)(4)(B), substituted “make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and” for “implement the United States-Canada Agreement with respect to such proceeding.” in cl. (iii)

    3. Added · 19 U.S.C. § 1677f(f)(1)(B)(ii)(iv)

       Pub. L. 101–382, § 134(a)(4)(B), added cl. (iv)

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B)(ii) to (iv). Pub. L. 101–382, § 134(a)(4)(B), inserted “, and persons under the direction and control,” after “employees” in cl. (ii), substituted “make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and” for “implement the United States-Canada Agreement with respect to such proceeding.” in cl. (iii), and added cl. (iv).

    Enacted provision · exact public law section
    (B) in paragraph (1)(B)— (i) by inserting “, and persons under the direction and control,” after “employees” in clause (ii), (ii) by striking “and” at the end of clause (ii), (iii) by striking all after “in order to” in clause (iii) and inserting “make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement, and”; and (iv) by adding at the end thereof the following new clause: “(iv) any officer or employee of the Government of Canada designated by an authorized agency of Canada to whom disclosure is necessary in order to make decisions regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement.”;

25. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 134(a)(4)(C) · 104 Stat. 629

    Struck and inserted · 19 U.S.C. § 1677f(f)(3)

    Pub. L. 101–382, § 134(a)(4)(C), struck out “or” after “violate,” in two places and inserted “or knowingly to receive information the receipt of which constitutes a violation of,” after “the violation of,” in two places

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 101–382, § 134(a)(4)(C), struck out “or” after “violate,” in two places and inserted “or knowingly to receive information the receipt of which constitutes a violation of,” after “the violation of,” in two places.

    Enacted provision · exact public law section
    (C) in paragraph (3)— (i) by striking “or” after “violate,” each place it appears, and (ii) by inserting “or knowingly to receive information the receipt of which constitutes a violation of,” after “violation of,” each place it appears; and

26. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 134(a)(4)(D) · 104 Stat. 629

    Inserted · 19 U.S.C. § 1677f(f)(4)

    Pub. L. 101–382, § 134(a)(4)(D), inserted provisions relating to receipt of information with reason to know the information was disclosed in violation

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 101–382, § 134(a)(4)(D), inserted provisions relating to receipt of information with reason to know the information was disclosed in violation.

    Enacted provision · exact public law section
    (D) in paragraph (4), by striking out “or inducement of a violation,” and inserting “inducement of a violation or receipt of information with reason to know that such information was disclosed in violation,”.

27. 1990

    Customs and Trade Act of 1990

    Pub. L. 101–382 § 135(b)(2) · 104 Stat. 629

    Added · 19 U.S.C. § 1677f(g)

    Pub. L. 101–382, § 135(b)(2), added subsec. (g)

    Source evidence

    Code amendment note
    Subsec. (g). Pub. L. 101–382, § 135(b)(2), added subsec. (g).

    Enacted provision · exact public law section
    (2) by adding at the end thereof the following new subsection: “(g) Information Relating to Violations of Protective Orders and Sanctions.— The administering authority and the Commission may withhold from disclosure any correspondence, private letters of reprimand, settlement agreements, and documents and files com-piled in relation to investigations and actions involving a violation or possible violation of a protective order issued under subsection (c) or (d), and such information shall be treated as information described in section 552(b)(3) of title 5, United States Code.”.

28. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 412(c)(1) · 107 Stat. 2057

    Inserted · 19 U.S.C. § 1677f(f)

    Pub. L. 103–182, § 412(c)(1), inserted “the North American Free Trade Agreement or” in heading

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 103–182, § 412(c)(1), inserted “the North American Free Trade Agreement or” in heading.

    Enacted provision · exact public law section
    (1) by inserting “the North American Free Trade Agreement or” before “the United States-Canada Agreement” in the heading;

29. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 412(c)(2) · 107 Stat. 2057

    1. Inserted · 19 U.S.C. § 1677f(f)(1)(A)

       Pub. L. 103–182, § 412(c)(2), (3), inserted “the NAFTA or” before “the United States-Canada Agreement” in two places, in second sentence inserted “or extraordinary challenge committee” after “binational panel”

    2. Substituted · 19 U.S.C. § 1677f(f)(1)(A)

       Pub. L. 103–182, § 412(c)(2), (3), substituted “identified by the panel or committee” for “identified by the panel”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A). Pub. L. 103–182, § 412(c)(2), (3), inserted “the NAFTA or” before “the United States-Canada Agreement” in two places, in second sentence inserted “or extraordinary challenge committee” after “binational panel”, and substituted “identified by the panel or committee” for “identified by the panel”.

    Enacted provision · exact public law section
    (2) by inserting “the NAFTA or” before “the United States-Canada Agreement” each place it appears in paragraph (1)(A);

30. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 412(c)(4) · 107 Stat. 2057

    1. Inserted · 19 U.S.C. § 1677f(f)(1)(B)

       Pub. L. 103–182, § 412(c)(4), in cl. (iii), inserted “the NAFTA or” before “the Agreement” and in cl. (iv)

    2. Inserted · 19 U.S.C. § 1677f(f)(1)(B)

       Pub. L. 103–182, § 412(c)(4), in cl. (iii), inserted “the NAFTA or” before “the Agreement”

    3. Substituted · 19 U.S.C. § 1677f(f)(1)(B)

       Pub. L. 103–182, § 412(c)(4), in cl. (iii), substituted “Government of a free trade area country (as defined in section 1516a(f)(10) of this title) designated by an authorized agency of such country” for “Government of Canada designated by an authorized agency of Canada”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B). Pub. L. 103–182, § 412(c)(4), in cl. (iii), inserted “the NAFTA or” before “the Agreement” and in cl. (iv), inserted “the NAFTA or” before “the Agreement” and substituted “Government of a free trade area country (as defined in section 1516a(f)(10) of this title) designated by an authorized agency of such country” for “Government of Canada designated by an authorized agency of Canada”.

    Enacted provision · exact public law section
    (4) in paragraph (1)(B)— (A) by inserting “the NAFTA or” before “the Agreement” in clauses (iii) and (iv); and (B) by striking out “Government of Canada designated by an authorized agency of Canada” in clause (iv) and inserting “Government of a free trade area country (as defined m section 516A(f)(10)) designated by an authorized agency of such country”;

31. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 412(c)(5) · 107 Stat. 2057

    Inserted · 19 U.S.C. § 1677f(f)(2)

    Pub. L. 103–182, § 412(c)(5), inserted “, including any extraordinary challenge,” after “binational panel proceeding”

    Source evidence

    Code amendment note
    Subsec. (f)(2). Pub. L. 103–182, § 412(c)(5), inserted “, including any extraordinary challenge,” after “binational panel proceeding”.

    Enacted provision · exact public law section
    (5) in paragraph (2) by inserting “, including any extraordinary challenge,” after “binational panel proceeding”;

32. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 412(c)(6) · 107 Stat. 2057

    1. Substituted · 19 U.S.C. § 1677f(f)(3)

       Pub. L. 103–182, § 412(c)(6), (7), substituted “agency of a free trade area country (as defined in section 1516a(f)(10) of this title)” for “agency of Canada”

    2. Inserted · 19 U.S.C. § 1677f(f)(3)

       Pub. L. 103–182, § 412(c)(6), (7), inserted “or extraordinary challenge committee” after “binational panel” and “the NAFTA or” before “the United States-Canada Agreement”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 103–182, § 412(c)(6), (7), substituted “agency of a free trade area country (as defined in section 1516a(f)(10) of this title)” for “agency of Canada” and inserted “or extraordinary challenge committee” after “binational panel” and “the NAFTA or” before “the United States-Canada Agreement”.

    Enacted provision · exact public law section
    (6) in paragraph (3)— (A) by inserting “or extraordinary challenge committee” after “binational panel”, and (B) by inserting “the NAFTA or” before “the United States-Canada Agreement”;

33. 1993

    North American Free Trade Agreement Implementation Act

    Pub. L. 103–182 § 412(c)(7) · 107 Stat. 2057

    1. Inserted · 19 U.S.C. § 1677f(f)(4)

       Pub. L. 103–182, § 412(c)(7), (8), inserted “, except a judge appointed to a binational panel or an extraordinary challenge committee under section 3432(b) of this title,” after “Any person”

    2. Substituted · 19 U.S.C. § 1677f(f)(4)

       Pub. L. 103–182, § 412(c)(7), (8), substituted “agency of a free trade area country (as defined in section 1516a(f)(10) of this title)” for “agency of Canada”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 103–182, § 412(c)(7), (8), inserted “, except a judge appointed to a binational panel or an extraordinary challenge committee under section 3432(b) of this title,” after “Any person” and substituted “agency of a free trade area country (as defined in section 1516a(f)(10) of this title)” for “agency of Canada”.

    Enacted provision · exact public law section
    (7) by striking out “agency of Canada” in each of paragraphs (3) and (4) and inserting “agency of a free trade area country (as defined in section 516A(f)(10))”; and

34. 1994

    Pub. L. 103–465 § 231(b) · 108 Stat. 4809

    Substituted · 19 U.S.C. § 1677f(a)(4)

    Pub. L. 103–465, § 231(b), substituted “shall disclose” for “may disclose” in introductory provisions

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 103–465, § 231(b), substituted “shall disclose” for “may disclose” in introductory provisions.

    Enacted provision · exact public law section
    (b) Availability of Nonproprietary Information.— Section 777(a)(4) (19 U.S.C. 1677f(a)(4)) is amended by striking “may disclose” and inserting “shall disclose”.

35. 1994

    Pub. L. 103–465 § 226(a)(1) · 108 Stat. 4809

    1. Amended · 19 U.S.C. § 1677f(b)(1)

       Pub. L. 103–465, § 226(a)(1), amended par. (1) generally

    2. Amended · 19 U.S.C. § 1677f(b)(1)

       Pub. L. 103–465, § 226(a)(1), designating first sentence as subpar. (A), rearranging provisions for clarity

    3. Inserted · 19 U.S.C. § 1677f(b)(1)

       Pub. L. 103–465, § 226(a)(1), inserting provisions in cl. (i) relating to reviews under this subtitle covering same subject merchandise

    4. Redesignated · 19 U.S.C. § 1677f(b)(1)

       Pub. L. 103–465, § 226(a)(1), designating second sentence as subpar. (B) with corresponding redesignations of former subpars. as cls. and cls. as subcls

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–465, § 226(a)(1), amended par. (1) generally, designating first sentence as subpar. (A), rearranging provisions for clarity, and inserting provisions in cl. (i) relating to reviews under this subtitle covering same subject merchandise, and designating second sentence as subpar. (B) with corresponding redesignations of former subpars. as cls. and cls. as subcls.

    Enacted provision · exact public law section
    (1) In general.— Section 777(b)(l) (19 U.S.C. 1677f(b)(1)) is amended to read as follows: “(1) Proprietary status maintained.— “(A) In general.— Except as provided in subsection (a)(4)(A) and subsection (c), information submitted to the administering authority or the Commission which is designated as proprietary by the person submitting the information shall not be disclosed to any person without the consent of the person submitting the information, other than— “(i) to an officer or employee of the administering authority or the Commission who is directly concerned with carrying out the investigation in connection with which the information is submitted or any review under this title covering the same subject merchandise, or “(ii) to an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding fraud under this title. “(B) Additional requirements.— The administering authority and the Commission shall require that information for which proprietary treatment is requested be accompanied by— “(i) either— “(I) a non-proprietary summary in sufficient detail to permit a reasonable understanding of the substance of the information submitted in confidence, or “(II) a statement that the information is not susceptible to summary accompanied by a statement of the reasons in support of the contention, and “(ii) either— “(I) a statement which permits the administering authority or the Commission to release under administrative protective order, in accordance with subsection (c), the information submitted in confidence, or “(II) a statement to the administering authority or the Commission that the business proprietary information is of a type that should not be released under administrative protective order.”.

36. 1994

    Pub. L. 103–465 § 226(b) · 108 Stat. 4809

    Inserted · 19 U.S.C. § 1677f(b)(2)

    Pub. L. 103–465, § 226(b), inserted at end “In a case in which the administering authority or the Commission returns the information to the person submitting it, the person may thereafter submit other material concerning the subject matter of the returned information if the submission is made within the time otherwise provided for submitting such material.”

    Source evidence

    Code amendment note
    Subsec. (b)(2). Pub. L. 103–465, § 226(b), inserted at end “In a case in which the administering authority or the Commission returns the information to the person submitting it, the person may thereafter submit other material concerning the subject matter of the returned information if the submission is made within the time otherwise provided for submitting such material.”

    Enacted provision · exact public law section
    (b) Unwarranted Proprietary Designation.— Section 777(b)(2) (19 U.S.C. 1677f(b)(2)) is amended by adding at the end the following new sentence: “In a case in which the administering authority or the Commission returns the information to the person submitting it, the person may thereafter submit other material concerning the subject matter of the returned information if the submission is made within the time otherwise provided for submitting such material.”.

37. 1994

    Pub. L. 103–465 § 226(a)(2) · 108 Stat. 4809

    Added · 19 U.S.C. § 1677f(b)(3)

    Pub. L. 103–465, § 226(a)(2), added par. (3)

    Source evidence

    Code amendment note
    Subsec. (b)(3). Pub. L. 103–465, § 226(a)(2), added par. (3).

    Enacted provision · exact public law section
    (2) Section 751 reviews.— Section 777(b) (19 U.S.C. 1677f(b)) is amended by adding at the end the following: “(3) Section 751 reviews.— Notwithstanding the provisions of paragraph (1), information submitted to the administering authority or the Commission in connection with a review under section 751(b) or 751(c) which is designated as proprietary by the person submitting the information may, if the review results in the revocation of an order or finding (or termination of a suspended investigation) under section 751(d), be used by the agency to which the information was originally submitted in any investigation initiated within 2 years after the date of the revocation or termination pursuant to a petition covering the same subject merchandise.”.

38. 1994

    Pub. L. 103–465 § 231(d)(1) · 108 Stat. 4809

    Struck · 19 U.S.C. § 1677f(e)

    Pub. L. 103–465, § 231(d)(1), struck out heading and text of subsec. (e). Text read as follows: “Information shall be submitted to the administering authority or the Commission during the course of a proceeding on a timely basis and shall be subject to comment by other parties within such reasonable time as the administering authority or the Commission shall provide. If information is submitted without an adequate opportunity for other parties to comment thereon, the administering authority or the Commission may return the information to the party submitting it and not consider it.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 103–465, § 231(d)(1), struck out heading and text of subsec. (e). Text read as follows: “Information shall be submitted to the administering authority or the Commission during the course of a proceeding on a timely basis and shall be subject to comment by other parties within such reasonable time as the administering authority or the Commission shall provide. If information is submitted without an adequate opportunity for other parties to comment thereon, the administering authority or the Commission may return the information to the party submitting it and not consider it.”

    Enacted provision · exact public law section
    (1) Section 777(e) (19 U.S.C. 1677f(e)) is repealed.

39. 1994

    Pub. L. 103–465 title II · 108 Stat. 4809

    Added · 19 U.S.C. § 1677f(h); 19 U.S.C. § 1677f(i)

    Pub. L. 103–465, §§ 227, 228, added subsecs. (h) and (i)

    Source evidence

    Code amendment note
    Subsecs. (h), (i). Pub. L. 103–465, §§ 227, 228, added subsecs. (h) and (i).

    Enacted provision · exact public law
    (ii) the protection of the environment, or

40. 2016

    Enforce and Protect Act of 2015

    Pub. L. 114–125 title IV § 413(a) · 130 Stat. 122

    Inserted · 19 U.S.C. § 1677f(b)(1)(A)(ii)

    Pub. L. 114–125 inserted “negligence, gross negligence, or” after “regarding”

    Source evidence

    Code amendment note
    Subsec. (b)(1)(A)(ii). Pub. L. 114–125 inserted “negligence, gross negligence, or” after “regarding”.

    Enacted provision · exact public law section
    (a) In General.— Section 777(b)(1)(A)(ii) of the Tariff Act of 1930 (19 U.S.C. 1677f(b)(1)(A)(ii)) is amended by inserting “negligence, gross negligence, or” after “regarding”.

41. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 422(a)(1) · 134 Stat. 11

    Substituted · 19 U.S.C. § 1677f(f)

    Pub. L. 116–113, § 422(a)(1), substituted “the United States-Canada Agreement or the USMCA” for “North American Free Trade Agreement or the United States-Canada Agreement” in heading

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–113, § 422(a)(1), substituted “the United States-Canada Agreement or the USMCA” for “North American Free Trade Agreement or the United States-Canada Agreement” in heading.

    Enacted provision · exact public law section
    (1) in the subsection heading, by striking “North American Free Trade Agreement or the United States-Canada Agreement” and inserting “the United States-Canada Agreement or the USMCA”;

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

42. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 422(a)(2)(A) · 134 Stat. 11

    Substituted · 19 U.S.C. § 1677f(f)(1)(A)

    Pub. L. 116–113, § 422(a)(2)(A), substituted “article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority” for “article 1904 of the NAFTA or the United States-Canada Agreement, or an extraordinary challenge committee is convened under Annex 1904.13 of the NAFTA or the United States-Canada Agreement, the administering authority”

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 116–113, § 422(a)(2)(A), substituted “article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority” for “article 1904 of the NAFTA or the United States-Canada Agreement, or an extraordinary challenge committee is convened under Annex 1904.13 of the NAFTA or the United States-Canada Agreement, the administering authority”.

    Enacted provision · exact public law section
    (A) in subparagraph (A), by striking “article 1904 of the NAFTA” and all that follows through “, the administering authority” and inserting “article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority”; and

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

43. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 422(a)(2)(B) · 134 Stat. 11

    Substituted · 19 U.S.C. § 1677f(f)(1)(B)(iii)

    Pub. L. 116–113, § 422(a)(2)(B), substituted “chapter 19 of the Agreement or chapter 10 of the USMCA” for “chapter 19 of the NAFTA or the Agreement”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B)(iii). Pub. L. 116–113, § 422(a)(2)(B), substituted “chapter 19 of the Agreement or chapter 10 of the USMCA” for “chapter 19 of the NAFTA or the Agreement”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by striking “chapter 19 of the NAFTA or the Agreement” each place it appears and inserting “chapter 19 of the Agreement or chapter 10 of the USMCA”;

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

44. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 422(a)(2)(B) · 134 Stat. 11

    1. Substituted · 19 U.S.C. § 1677f(f)(1)(B)(iv)

       Pub. L. 116–113, § 422(a)(2)(B), (5), substituted “section 1516a(f)(9) of this title” for “section 1516a(f)(10) of this title”

    2. Substituted · 19 U.S.C. § 1677f(f)(1)(B)(iv)

       Pub. L. 116–113, § 422(a)(2)(B), (5), substituted “chapter 19 of the Agreement or chapter 10 of the USMCA” for “chapter 19 of the NAFTA or the Agreement”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(B)(iv). Pub. L. 116–113, § 422(a)(2)(B), (5), substituted “section 1516a(f)(9) of this title” for “section 1516a(f)(10) of this title” and “chapter 19 of the Agreement or chapter 10 of the USMCA” for “chapter 19 of the NAFTA or the Agreement”.

    Enacted provision · exact public law section
    (B) in subparagraph (B), by striking “chapter 19 of the NAFTA or the Agreement” each place it appears and inserting “chapter 19 of the Agreement or chapter 10 of the USMCA”;

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

45. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 422(a)(3) · 134 Stat. 11

    1. Substituted · 19 U.S.C. § 1677f(f)(3)

       Pub. L. 116–113, § 422(a)(3), (5), substituted “section 1516a(f)(9) of this title” for “section 1516a(f)(10) of this title”

    2. Substituted · 19 U.S.C. § 1677f(f)(3)

       Pub. L. 116–113, § 422(a)(3), (5), substituted “article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA” for “the NAFTA or the United States-Canada Agreement”

    Source evidence

    Code amendment note
    Subsec. (f)(3). Pub. L. 116–113, § 422(a)(3), (5), substituted “section 1516a(f)(9) of this title” for “section 1516a(f)(10) of this title” and “article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA” for “the NAFTA or the United States-Canada Agreement”.

    Enacted provision · exact public law section
    (3) in paragraph (3), by striking “the NAFTA or the United States-Canada Agreement” and inserting “article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA”;

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

46. 2020

    United States-Mexico-Canada Agreement Implementation Act

    Pub. L. 116–113 § 422(a)(4) · 134 Stat. 11

    1. Substituted · 19 U.S.C. § 1677f(f)(4)

       Pub. L. 116–113, § 422(a)(4), (5), substituted “section 4582(b) of this title” for “section 3432(b) of this title”

    2. Substituted · 19 U.S.C. § 1677f(f)(4)

       Pub. L. 116–113, § 422(a)(4), (5), substituted “section 1516a(f)(9) of this title” for “section 1516a(f)(10) of this title”

    Source evidence

    Code amendment note
    Subsec. (f)(4). Pub. L. 116–113, § 422(a)(4), (5), substituted “section 4582(b) of this title” for “section 3432(b) of this title” and “section 1516a(f)(9) of this title” for “section 1516a(f)(10) of this title”.

    Enacted provision · exact public law section
    (4) in paragraph (4), by striking “section 402(b) of the North American Free Trade Agreement Implementation Act” and inserting “section 412(b) of the United States-Mexico-Canada Agreement Implementation Act”; and

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

47. 2020

    Financial Services and General Government Appropriations Act, 2021

    Pub. L. 116–260 § 601(f)(1) · 134 Stat. 1182

    Substituted · 19 U.S.C. § 1677f(f)

    Pub. L. 116–260, § 601(f)(1), substituted “to the United” for “to the the United” in heading

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 116–260, § 601(f)(1), substituted “to the United” for “to the the United” in heading.

    Enacted provision · exact public law section
    Sec. 601. (including rescission of funds) None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

48. 2020

    Financial Services and General Government Appropriations Act, 2021

    Pub. L. 116–260 § 601(f)(2) · 134 Stat. 1182

    1. Added · 19 U.S.C. § 1677f(f)(1)(A)

       Pub. L. 116–260, § 601(f)(2), added subpar. (A)

    2. Struck · 19 U.S.C. § 1677f(f)(1)(A)

       Pub. L. 116–260, § 601(f)(2), struck out former subpar. (A) which read as follows: “If binational panel review of a determination under this subtitle is requested pursuant to article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority or the Commission, as appropriate, may make available to authorized persons, under a protective order described in paragraph (2), a copy of all proprietary material in the administrative record made during the proceeding in question. If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel or extraordinary challenge committee finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel or committee as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”

    Source evidence

    Code amendment note
    Subsec. (f)(1)(A). Pub. L. 116–260, § 601(f)(2), added subpar. (A) and struck out former subpar. (A) which read as follows: “If binational panel review of a determination under this subtitle is requested pursuant to article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority or the Commission, as appropriate, may make available to authorized persons, under a protective order described in paragraph (2), a copy of all proprietary material in the administrative record made during the proceeding in question. If the administering authority or the Commission claims a privilege as to a document or portion of a document in the administrative record of the proceeding in question and a binational panel or extraordinary challenge committee finds that in camera inspection or limited disclosure of that document or portion thereof is required by United States law, the administering authority or the Commission, as appropriate, may restrict access to such document or portion thereof to the authorized persons identified by the panel or committee as requiring access and may require such persons to obtain access under a protective order described in paragraph (2).”

    Enacted provision · exact public law section
    Sec. 601. (including rescission of funds) None of the funds in this Act shall be used for the planning or execution of any program to pay the expenses of, or otherwise compensate, non-Federal parties intervening in regulatory or adjudicatory proceedings funded in this Act.

    Effective date note
    Amendment by Pub. L. 116–260 effective July 1, 2020, see section 601(h) of div. O of Pub. L. 116–260, set out as a note under section 81c of this title. 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.

75 of 76 references resolved to an enrolled provision · 1 partial