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19 U.S.C. § 1671d — Final determinations
Federal law — U.S. Code and appendices · legal_authorities
**(a) Final determination by administering authority**
(1) **In general** — Within 75 days after the date of the preliminary determination under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim), the administering authority shall make a final determination of whether or not a countervailable subsidy is being provided with respect to the subject merchandise; except that when an investigation under this part is initiated simultaneously with an investigation under part II of this subtitle, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under part II of this subtitle.
(2) **Critical circumstances determinations** — If the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has been alleged under [section 1671b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e&num=0&edition=prelim), shall also contain a finding as to whether—
(A) the countervailable subsidy is inconsistent with the Subsidies Agreement, and
(B) there have been massive imports of the subject merchandise over a relatively short period.
Such findings may be affirmative even though the preliminary determination under [section 1671b(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e/1&num=0&edition=prelim) was negative.
(3) **
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Source location: Title 19, Chapter 4, § 1671d; chapter-004-tariff-act-of-1930.md
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**(a) Final determination by administering authority**
(1) **In general** — Within 75 days after the date of the preliminary determination under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim), the administering authority shall make a final determination of whether or not a countervailable subsidy is being provided with respect to the subject merchandise; except that when an investigation under this part is initiated simultaneously with an investigation under part II of this subtitle, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under part II of this subtitle.
(2) **Critical circumstances determinations** — If the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has been alleged under [section 1671b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e&num=0&edition=prelim), shall also contain a finding as to whether—
(A) the countervailable subsidy is inconsistent with the Subsidies Agreement, and
(B) there have been massive imports of the subject merchandise over a relatively short period.
Such findings may be affirmative even though the preliminary determination under [section 1671b(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e/1&num=0&edition=prelim) was negative.
(3) **De minimis countervailable subsidy** — In making a determination under this subsection, the administering authority shall disregard any countervailable subsidy that is de minimis as defined in [section 1671b(b)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b/4&num=0&edition=prelim).
**(b) Final determination by Commission**
(1) **In general** — The Commission shall make a final determination of whether—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a). If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated.
(2) **Period for injury determination following affirmative preliminary determination by administering authority** — If the preliminary determination by the administering authority under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim) is affirmative, then the Commission shall make the determination required by paragraph (1) before the later of—
(A) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim), 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 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim) 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) *Commission standard for retroactive application.—*
(i) *In general.—* — 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 imports subject to the affirmative determination under subsection (a)(2) are likely to undermine seriously the remedial effect of the countervailing duty order to be issued under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim).
(ii) *Factors to consider.—* — In making the evaluation under clause (i), the Commission shall consider, among other factors it considers relevant—
(I) the timing and the volume of the imports,
(II) any rapid increase in inventories of the imports, and
(III) any other circumstances indicating that the remedial effect of the countervailing duty order will be seriously undermined.
(B) If the final determination of the Commission is that there is no material injury but that there is threat of material injury, then its determination shall also include a finding as to whether material injury by reason of imports of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a) 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,
(B)
(i) the administering authority shall—
(I) determine an estimated individual countervailable subsidy rate for each exporter and producer individually investigated, and, in accordance with paragraph (5), an estimated all-others rate for all exporters and producers not individually investigated and for new exporters and producers within the meaning of [section 1675(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/a/2/B&num=0&edition=prelim), or
(II) if [section 1677f–1(e)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f–1/e/2/B&num=0&edition=prelim) applies, determine a single estimated country-wide subsidy rate, applicable to all exporters and producers,
(ii) shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated individual countervailable subsidy rate, the estimated all-others rate, or the estimated country-wide subsidy rate, whichever is applicable, and
(C) in cases where the preliminary determination by the administering authority under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim) was negative, the administering authority shall order the suspension of liquidation under paragraph (2) of [section 1671b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d&num=0&edition=prelim).
(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 1671e(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e/a&num=0&edition=prelim). If either of such determinations is negative, the investigation shall be terminated upon the publication of notice of that negative determination and the administering authority shall—
(A) terminate the suspension of liquidation under [section 1671b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/2&num=0&edition=prelim), and
(B) release any bond or other security and refund any cash deposit required under [section 1671b(d)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/1/B&num=0&edition=prelim).
(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 paragraph (4) or [section 1671b(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e/2&num=0&edition=prelim), and
(B) release any bond or other security, and refund any cash deposit required, under [section 1671b(d)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/1/B&num=0&edition=prelim) with respect to entries of the merchandise the liquidation of which was suspended retroactively under [section 1671b(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e/2&num=0&edition=prelim).
(4) **Effect of affirmative determination under subsection (a)(2)** — If the determination of the administering authority under subsection (a)(2) is affirmative, then the administering authority shall—
(A) in cases where the preliminary determinations by the administering authority under sections 1671b(b) and 1671b(e)(1) of this title were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, bond, or other security previously ordered under [section 1671b(e)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e/2&num=0&edition=prelim);
(B) in cases where the preliminary determination by the administering authority under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim) was affirmative, but the preliminary determination under [section 1671b(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e/1&num=0&edition=prelim) was negative, shall modify any suspension of liquidation and security requirement previously ordered under [section 1671b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d&num=0&edition=prelim) to apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or
(C) in cases where the preliminary determination by the administering authority under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim) was negative, shall apply any suspension of liquidation and security requirement ordered under subsection (c)(1)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.
(5) **Method for determining the all-others rate and the country-wide subsidy rate**
(A) *All-others rate*
(i) *General rule* — For purposes of this subsection and [section 1671b(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d&num=0&edition=prelim), the all-others rate shall be an amount equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under [section 1677e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677e&num=0&edition=prelim).
(ii) *Exception* — If the countervailable subsidy rates established for all exporters and producers individually investigated are zero or de minimis rates, or are determined entirely under [section 1677e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677e&num=0&edition=prelim), the administering authority may use any reasonable method to establish an all-others rate for exporters and producers not individually investigated, including averaging the weighted average countervailable subsidy rates determined for the exporters and producers individually investigated.
(B) *Country-wide subsidy rate* — The administering authority may calculate a single country-wide subsidy rate, applicable to all exporters and producers, if the administering authority limits its examination pursuant to [section 1677f–1(e)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f–1/e/2/B&num=0&edition=prelim). The estimated country-wide rate determined under [section 1671b(d)(1)(A)(ii) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/1/A/ii&num=0&edition=prelim) or paragraph (1)(B)(i)(II) of this subsection shall be based on industry-wide data regarding the use of subsidies determined to be countervailable.
**(d) Publication of notice of determinations** Whenever the administering authority or the Commission makes a determination under this section, it shall notify the petitioner, other parties to the investigation, and the other agency of its determination and of the facts and conclusions of law upon which the determination is based, and it shall publish notice of its determination in the Federal Register.
**(e) Correction of ministerial errors** The administering authority shall establish procedures for the correction of ministerial errors in final determinations within a reasonable time after the determinations are issued under this section. Such procedures shall ensure opportunity for interested parties to present their views regarding any such errors. As used in this subsection, the term “ministerial error” includes errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** If—
(1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and
(2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation,
then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.
**(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means—
(1) a WTO member country,
(2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or
(3) a country with respect to which the President determines that—
(A) there is an agreement i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If—
(1) necessary information is not available on the record, or
(2) an interested party or any other person—
(A) withholds information that has been requested by the administering authority or the Commission under this subtitle,
(B) fails to provide such information by the deadlines for submission of the information or in the form and manner requested, subject to subsections (c)(1) and (e) of [section 1677m of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677m&num=0&edition=prelim),
(C) significantly impedes a proceeding under this subtitle, or
(D) provides such information but the information cannot be verified as provided in [section 1677m(i) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677m/i&num=0&edition=prelim),
the administering authority and the Commission shall, subject to [section 1677m(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677m/d&num=0&edition=prelim), use the facts otherwise available in reaching the applicable determination under this subtitle.
**(b) Adverse inferences**
(1) **In general** — If the administering authority or the Commission (as the case may be) finds that an interested party has failed to cooperate by not acting to the best of its ability to comply with a request for information from the administering authority or the Commission, the administering authority or the Commission (as the case may be), in reaching the applicable determination under this subtitle—
(A) may use an inference that is adverse to the interests of that party in selecting from among the facts otherwise available; and
(B) is not required to determine, or make any adjustments to, a counter
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of countervailing duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), the administering authority shall publish a countervailing duty order which—
(1) directs customs officers to assess a countervailing duty equal to the amount of the net countervailable subsidy determined or estimated to exist, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated countervailing duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duties**
(1) **General rule** — If the Commission, in its final determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), finds material injury or threat of material injury which, but for the suspension of liquidation under [section 1671b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/2&num=0&edition=prelim), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Periodic review of amount of duty**
(1) **In general** — At least once during each 12-month period beginning on the anniversary of the date of publication of a countervailing duty order under this subtitle or under section 1303 11 See References in Text note below. of this title, an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or a notice of the suspension of an investigation, the administering authority, if a request for such a review has been received and after publication of notice of such review in the Federal Register, shall—
(A) review and determine the amount of any net countervailable subsidy,
(B) review, and determine (in accordance with paragraph (2)), the amount of any antidumping duty, and
(C) review the current status of, and compliance with, any agreement by reason of which an investigation was suspended, and review the amount of any net countervailable subsidy or dumping margin involved in the agreement,
and shall publish in the Federal Register the results of such review, together with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed.
(2) **Determination of antidumping duties**
(A) *In general* — For the purpose of paragraph (1)(B), the administering authority shall determine—
(i) the normal value and export price (or constructed export price) of each entry of the subject merchandise, and
(ii) the dumping margin for each such entry.
(B) *Determination of antidumping or countervailing duties for new exporters and producers*
(i) *In general* — If the administering authority receives a request from an exporter or producer of the subject merchandise establishing that—
(I) such exporter or producer did not export the merc
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Termination of investigation upon withdrawal of petition**
(1) **In general**
(A) *Withdrawal of petition* — Except as provided in paragraphs (2) and (3), an investigation under this part may be terminated by either the administering authority or the Commission, after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner or by the administering authority if the investigation was initiated under [section 1671a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671a/a&num=0&edition=prelim).
(B) *Refiling of petition* — If, within 3 months after the withdrawal of a petition under subparagraph (A), a new petition is filed seeking the imposition of duties on both the subject merchandise of the withdrawn petition and the subject merchandise from another country, the administering authority and the Commission may use in the investigation initiated pursuant to the new petition any records compiled in an investigation conducted pursuant to the withdrawn petition. This subparagraph applies only with respect to the first withdrawal of a petition.
(2) **Special rules for quantitative restriction agreements**
(A) *In general* — Subject to subparagraphs (B) and (C), the administering authority may not terminate an investigation under paragraph (1) by accepting, with the government of the country in which the countervailable subsidy practice is alleged to occur, an understanding or other kind of agreement to limit the volume of imports into the United States of the subject merchandise unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest.
(B) *Public interest factors* — In making a decision under subparagraph (A) re
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Determination of likelihood of continuation or recurrence of material injury**
(1) **In general** — In a review conducted under section 1675(b) or (c) of this title, the Commission shall determine whether revocation of an order, or termination of a suspended investigation, would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission shall consider the likely volume, price effect, and impact of imports of the subject merchandise on the industry if the order is revoked or the suspended investigation is terminated. The Commission shall take into account—
(A) its prior injury determinations, including the volume, price effect, and impact of imports of the subject merchandise on the industry before the order was issued or the suspension agreement was accepted,
(B) whether any improvement in the state of the industry is related to the order or the suspension agreement,
(C) whether the industry is vulnerable to material injury if the order is revoked or the suspension agreement is terminated, and
(D) in an antidumping proceeding under [section 1675(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/c&num=0&edition=prelim), the findings of the administering authority regarding duty absorption under [section 1675(a)(4) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/a/4&num=0&edition=prelim).
(2) **Volume** — In evaluating the likely volume of imports of the subject merchandise if the order is revoked or the suspended investigation is terminated, the Commission shall consider whether the likely volume of imports of the subject merchandise would be significant if the order is revoked or the suspended i
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Investigation by the commission upon request** — In the case of a countervailing duty order described in paragraph (2), which—
(A) applies to merchandise that is the product of a Subsidies Agreement country, and
(B)
(i) is in effect on the date on which such country becomes a Subsidies Agreement country, or
(ii) is issued on a date that is after the date described in clause (i) pursuant to a court order in an action brought under [section 1516a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516a&num=0&edition=prelim),
the Commission, upon receipt of a request from an interested party described in section 1677(9)(C), (D), (E), (F), or (G) of this title for an injury investigation with respect to such order, shall initiate an investigation and shall determine whether an industry in the United States is likely to be materially injured by reason of imports of the subject merchandise if the order is revoked.
(2) **Description of countervailing duty orders** — A countervailing duty order described in this paragraph is an order issued under section 1303 11 See References in Text note below. of this title or [section 1671(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671/c&num=0&edition=prelim) with respect to which the requirement of an affirmative determination of material injury was not applicable at the time such order was issued.
(3) **Requirements of request for investigation** — A request for an investigation under this subsection shall be submitted—
(A) in the case of an order described in paragraph (1)(B)(i), within 6 months after the date on which the country described in paragraph (1)(A) becomes a Subsidies Agreement country,
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Before the expiration date, if any, of a quantitative restriction agreement accepted under section 1671c(a)(2) or 1671c(c)(3) of this title (if suspension of the related investigation is still in effect)—
(1) the administering authority shall, at the direction of the President, initiate a proceeding to determine whether any countervailable subsidy is being provided with respect to the subject merchandise and, if being so provided, the net countervailable subsidy; and
(2) if the administering authority initiates a proceeding under paragraph (1), the Commission shall determine whether imports of the merchandise of the kind subject to the agreement will, upon termination of the agreement, materially injure, or threaten with material injury, an industry in the United States or materially retard the establishment of such an industry.
**(b) Determinations** The determinations required to be made by the administering authority and the Commission under subsection (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regulation prescribe, and shall be treated as final determinations made under [section 1671d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d&num=0&edition=prelim) for purposes of judicial review under [section 1516a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516a&num=0&edition=prelim). If the determinations by each are affirmative, the administering authority shall—
(1) issue a countervailing duty order under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim) effective with respect to merchandise entered on
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Information generally made available**
(1) **Public information function** — There shall be established a library of information relating to foreign subsidy practices and countervailing measures. Copies of material in the library shall be made available to the public upon payment of the costs of preparing such copies.
(2) **Progress of investigation reports** — The administering authority and the Commission shall, from time to time upon request, inform the parties to an investigation of the progress of that investigation.
(3) **Ex parte meetings** — The administering authority and the Commission shall maintain a record of any ex parte meeting between—
(A) interested parties or other persons providing factual information in connection with a proceeding, and
(B) the person charged with making the determination, or any person charged with making a final recommendation to that person, in connection with that proceeding,
if information relating to that proceeding was presented or discussed at such meeting. The record of such an ex parte meeting shall include the identity of the persons present at the meeting, the date, time, and place of the meeting, and a summary of the matters discussed or submitted. The record of the ex parte meeting shall be included in the record of the proceeding.
(4) **Summaries; non-proprietary submissions** — The administering authority and the Commission shall disclose—
(A) any proprietary information received in the course of a proceeding if it is disclosed in a form which cannot be associated with, or otherwise be used to identify, operations of a particular person, and
(B) any information submitted in connection with a proceeding which is not designated as proprietary by the person submitting it.
**(b) Proprietary inform
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Page 344
TITLE 19—CUSTOMS DUTIES
§ 1671d
Subsec. (f)(1)(A). Pub. L. 103–465, § 233(a)(5)(J), sub-
stituted
‘‘subject
merchandise’’
for
‘‘merchandise
which is the subject of the investigation’’.
Subsec. (f)(2)(A). Pub. L. 103–465, § 270(a)(1)(E), sub-
stituted ‘‘countervailable subsidy’’ for ‘‘subsidy’’ in
heading.
Subsec. (f)(2)(A)(i), (iii). Pub. L. 103–465, §§ 233(a)(5)(K),
264(c)(3), in cl. (i), substituted ‘‘subject merchandise’’
for ‘‘merchandise which is the subject of the investiga-
tion’’ and ‘‘1671b(d)(2)’’ for ‘‘1671b(d)(1)’’, and in cl. (iii),
substituted ‘‘1671b(d)(1)(B)’’ for ‘‘1671b(d)(1)’’.
Subsec.
(f)(2)(B).
Pub.
L.
103–465,
§§ 233(a)(5)(K),
264(c)(4), substituted ‘‘subject merchandise’’ for ‘‘mer-
chandise which is the subject of the investigation’’,
‘‘1671b(d)(2)’’ for ‘‘1671b(d)(1)’’, and ‘‘1671b(d)(1)(B)’’ for
‘‘1671b(d)(2)’’.
Subsec. (g)(1). Pub. L. 103–465, § 270(a)(1)(E), sub-
stituted ‘‘countervailable subsidy’’ for ‘‘subsidy’’.
Subsec. (h)(2). Pub. L. 103–465, § 233(a)(5)(L), sub-
stituted
‘‘subject
merchandise’’
for
‘‘merchandise
which is the subject of the investigation’’.
Subsec. (h)(3). Pub. L. 103–465, §§ 233(a)(5)(L), 264(c)(5),
in introductory provisions, substituted ‘‘subject mer-
chandise’’ for ‘‘merchandise which is the subject of the
investigation’’, in subpar. (A), substituted ‘‘1671b(d)(2)’’
for ‘‘1671b(d)(1)’’, and in subpar. (B), substituted
‘‘1671b(d)(1)(B)’’ for ‘‘1671b(d)(2)’’.
Subsec. (i)(1)(A). Pub. L. 103–465, § 264(c)(6), sub-
stituted ‘‘1671b(d)(2)’’ for ‘‘1671b(d)(1)’’ in introductory
provisions.
Subsec. (j). Pub. L. 103–465, § 233(a)(5)(M), substituted
‘‘subject merchandise’’ for ‘‘merchandise which is the
subject of the investigation’’.
Subsec. (l). Pub. L. 103–465, § 218(a)(1), ad
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1671d
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