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19 U.S.C. § 1673e — Assessment of duty
Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of antidumping duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), the administering authority shall publish an antidumping duty order which—
(1) directs customs officers to assess an antidumping duty equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than—
(A) 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, or
(B) in the case of merchandise not sold prior to its importation into the United States, 12 months after the end of the annual accounting period of the manufacturer or exporter within which it is sold in the United States to a person who is not the exporter of that merchandise,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated antidumping duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duty**
(1) **General rule** — If the Commission, in its final determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), finds material injury or threat of material injur
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Source file: Laws/federal/codes/united-states-code/title-19/section-1673e-assessment-of-duty--4329e945df.md
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Source location: Title 19, Chapter 4, § 1673e; chapter-004-tariff-act-of-1930.md
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**(a) Publication of antidumping duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), the administering authority shall publish an antidumping duty order which—
(1) directs customs officers to assess an antidumping duty equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than—
(A) 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, or
(B) in the case of merchandise not sold prior to its importation into the United States, 12 months after the end of the annual accounting period of the manufacturer or exporter within which it is sold in the United States to a person who is not the exporter of that merchandise,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated antidumping duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duty**
(1) **General rule** — If the Commission, in its final determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), finds material injury or threat of material injury which, but for the suspension of liquidation under [section 1673b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/d/2&num=0&edition=prelim) would have led to a finding of material injury, then entries of the subject merchandise, the liquidation of which has been suspended under [section 1673b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/d/2&num=0&edition=prelim), shall be subject to the imposition of antidumping duties under [section 1673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim).
(2) **Special rule** — If the Commission, in its final determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), finds threat of material injury, other than threat of material injury described in paragraph (1), or material retardation of the establishment of an industry in the United States, then subject merchandise which is entered, or withdrawn from warehouse, for consumption on or after the date of publication of notice of an affirmative determination of the Commission under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim) shall be subject to the assessment of antidumping duties under [section 1673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim), 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—
(A) the investigation has not been designated as extraordinarily complicated by reason of—
(i) the number and complexity of the transactions to be investigated or adjustments to be considered,
(ii) the novelty of the issues presented, or
(iii) the number of firms whose activities must be investigated,
(B) the final determination in the investigation has not been postponed under [section 1673d(a)(2)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/a/2/A&num=0&edition=prelim);
(C) on the basis of information presented to the administering authority by any manufacturer, producer, or exporter in such form and within such time as the administering authority may require, the administering authority is satisfied that a determination will be made, within 90 days after the date of publication of an order under subsection (a), of the normal value and the export price (or the constructed export price) for all merchandise of such manufacturer, producer, or exporter described in that order which was entered, or withdrawn from warehouse, for consumption on or after the date of publication of—
(i) an affirmative preliminary determination by the administering authority under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim), or
(ii) if its determination under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) was negative, an affirmative final determination by the administering authority under [section 1673d(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/a&num=0&edition=prelim),
and before the date of publication of the affirmative final determination by the Commission under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim);
(D) the party described in subparagraph (C) provides credible evidence that the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise is significantly less than the amount of such excess specified in the antidumping duty order published under subsection (a); and
(E) the data concerning the normal value and the export price (or the constructed export price) apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison.
(2) **Notice; hearing** — If the administering authority permits the posting of a bond or other security in lieu of the deposit of estimated antidumping duties under paragraph (1), it shall—
(A) publish notice of its action in the Federal Register, and
(B) upon the request of any interested party, hold a hearing in accordance with [section 1677c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677c&num=0&edition=prelim) before determining the normal value and the export price (or the constructed export price) of the merchandise.
(3) **Determinations to be basis of antidumping duty** — The administering authority shall publish notice in the Federal Register of the results of its determination of normal value and export price (or the constructed export price), and that determination shall be the basis for the assessment of antidumping duties on entries of merchandise to which the notice under this subsection applies and also shall be the basis for the deposit of estimated antidumping duties on future entries of merchandise of manufacturers, producers, or exporters described in paragraph (1) to which the order issued under subsection (a) applies.
(4) **Provision of business proprietary information; written comments** — Before determining whether to permit the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties, the administering authority shall—
(A) make all business proprietary information supplied to the administering authority under paragraph (1) available under a protective order in accordance with [section 1677f(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f/c&num=0&edition=prelim) to all interested parties described in subparagraph (C), (D), (E), (F), or (G) of [section 1677(9) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/9&num=0&edition=prelim), and
(B) afford all interested parties an opportunity to file written comments on whether the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties should be permitted.
**(d) Special rule for regional industries**
(1) **In general** — In an investigation in which the Commission makes a regional industry determination under [section 1677(4)(C) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/4/C&num=0&edition=prelim), the administering authority shall, to the maximum extent possible, direct that duties be assessed only on the subject merchandise of the specific exporters or producers that exported the subject merchandise for sale in the region concerned during the period of investigation.
(2) **Exception for new exporters and producers** — After publication of the antidumping duty order, if the administering authority finds that a new exporter or producer is exporting the subject merchandise for sale in the region concerned, the administering authority shall direct that duties be assessed on the subject merchandise of the new exporter or producer consistent with the provisions of [section 1675(a)(2)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/a/2/B&num=0&edition=prelim).
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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) Investigation hearings**
(1) **In general** — Except as provided in paragraph (2), the administering authority and the Commission shall each hold a hearing in the course of an investigation upon the request of any party to the investigation before making a final determination under section 1671d or 1673d of this title.
(2) **Exception** — If investigations are initiated under part I and part II of this subtitle regarding the same merchandise from the same country within 6 months of each other (but before a final determination is made in either investigation), the holding of a hearing by the Commission in the course of one of the investigations shall be treated as compliance with paragraph (1) for both investigations, unless the Commission considers that special circumstances require that a hearing be held in the course of each of the investigations. During any investigation regarding which the holding of a hearing is waived under this paragraph, the Commission shall allow any party to submit such additional written comment as it considers relevant.
**(b) Procedures** Any hearing required or permitted under this subtitle shall be conducted after notice published in the Federal Register, and a transcript of the hearing shall be prepared and made available to the public. The hearing shall not be subject to the provisions of subchapter II of chapter 5 of title 5, or to section 702 of such title.
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Federal law — U.S. Code and appendices · legal_authorities
If—
(1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and
(2) the Commission determines that—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation,
then there shall be imposed upon such merchandise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and [section 1673d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b/1&num=0&edition=prelim), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Requirements for qualification** A trust created or organized in the United States and forming part of a stock bonus, pension, or profit-sharing plan of an employer for the exclusive benefit of his employees or their beneficiaries shall constitute a qualified trust under this section—
(1) if contributions are made to the trust by such employer, or employees, or both, or by another employer who is entitled to deduct his contributions under section 404(a)(3)(B) (relating to deduction for contributions to profit-sharing and stock bonus plans), or by a charitable remainder trust pursuant to a qualified gratuitous transfer (as defined in section 664(g)(1)), for the purpose of distributing to such employees or their beneficiaries the corpus and income of the fund accumulated by the trust in accordance with such plan;
(2) if under the trust instrument it is impossible, at any time prior to the satisfaction of all liabilities with respect to employees and their beneficiaries under the trust, for any part of the corpus or income to be (within the taxable year or thereafter) used for, or diverted to, purposes other than for the exclusive benefit of his employees or their beneficiaries (but this paragraph shall not be construed, in the case of a multiemployer plan, to prohibit the return of a contribution within 6 months after the plan administrator determines that the contribution was made by a mistake of fact or law (other than a mistake relating to whether the plan is described in section 401(a) or the trust which is part of such plan is exempt from taxation under section 501(a), or the return of any withdrawal liability payment determined to be an overpayment within 6 months of such determination));
(3) if the plan of which such trust is a part satisfies the requireme
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section:
(1) **Administering authority** — The term “administering authority” has the meaning given that term in [section 1677(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/1&num=0&edition=prelim).
(2) **Commissioner** — The term “Commissioner” means the Commissioner of U.S. Customs and Border Protection.
(3) **Covered merchandise** — The term “covered merchandise” means merchandise that is subject to—
(A) an antidumping duty order issued under [section 1673e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim); or
(B) a countervailing duty order issued under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim).
(4) **Enter; entry** — The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise into the customs territory of the United States.
(5) **Evasion**
(A) *In general* — Except as provided in subparagraph (B), the term “evasion” refers to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.
(B) *Exception for clerical error*
(i) *In general* — Except as provided in clause (ii), the term “evasion” does not include entering covered merchandise into the customs territory of the United States by m
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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 1673a(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673a/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 an understanding or other kind of agreement to limit the volume of imports into the United States of the subject merchandise unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest.
(B) *Public interest factors* — In making a decision under subparagraph (A) regarding the public interest the administering authority shall take into account—
(i) whether, base
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Final determination by administering authority**
(1) **General rule** — Within 75 days after the date of its preliminary determination under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim), the administering authority shall make a final determination of whether the subject merchandise is being, or is likely to be, sold in the United States at less than its fair value.
(2) **Extension of period for determination** — The administering authority may postpone making the final determination under paragraph (1) until not later than the 135th day after the date on which it published notice of its preliminary determination under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) if a request in writing for such a postponement is made by—
(A) exporters who account for a significant proportion of exports of the merchandise which is the subject of the investigation, in a proceeding in which the preliminary determination by the administering authority under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) was affirmative, or
(B) the petitioner, in a proceeding in which the preliminary determination by the administering authority under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) 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 be
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Deposit of estimated antidumping duty under [section 1673b(d)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/d/1/B&num=0&edition=prelim)** If the amount of a cash deposit, or the amount of any bond or other security, required as security for an estimated antidumping duty under [section 1673b(d)(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/d/1/B&num=0&edition=prelim) is different from the amount of the antidumping duty determined under an antidumping duty order published under [section 1673e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim), then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption before notice of the affirmative determination of the Commission under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim) is published shall be—
(1) disregarded, to the extent that the cash deposit, bond, or other security is lower than the duty under the order, or
(2) refunded or released, to the extent that the cash deposit, bond, or other security is higher than the duty under the order.
**(b) Deposit of estimated antidumping duty under [section 1673e(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e/a/3&num=0&edition=prelim)** If the amount of an estimated antidumping duty deposited under [section 1673e(a)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e/a/3&num=0&edition=prelim) is different from the amount of the antidumping duty determined under an an
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of product categories**
(1) **Petitions**
(A) *In general* — An eligible domestic entity may file a petition with the Commission requesting that a product category be established with respect to short life cycle merchandise at any time after the merchandise becomes the subject of 2 or more affirmative dumping determinations.
(B) *Contents* — A petition filed under subparagraph (A) shall—
(i) identify the short life cycle merchandise that is the subject of the affirmative dumping determinations,
(ii) specify the short life cycle merchandise that the petitioner seeks to have included in the same product category as the merchandise that is subject to the affirmative dumping determinations,
(iii) specify any short life cycle merchandise the petitioner particularly seeks to have excluded from the product category,
(iv) provide reasons for the inclusions and exclusions specified under clauses (ii) and (iii), and
(v) identify such merchandise in terms of the designations used in the Harmonized Tariff Schedule of the United States.
(2) **Determinations on sufficiency of petition** — Upon receiving a petition under paragraph (1), the Commission shall—
(A) request the administering authority to confirm promptly the affirmative determinations on which the petition is based, and
(B) upon receipt of such confirmation, determine whether the merchandise covered by the confirmed affirmative determinations is short life cycle merchandise and whether the petitioner is an eligible domestic entity.
(3) **Notice; hearings** — If the determinations under paragraph (2)(B) are affirmative, the Commission shall—
(A) publish notice in the Federal Register that the petition has been received, and
(B) provide opportunity for the pre
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Merchandise completed or assembled in United States**
(1) **In general** — If—
(A) merchandise sold in the United States is of the same class or kind as any other merchandise that is the subject of—
(i) an antidumping duty order issued under [section 1673e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim),
(ii) a finding issued under the Antidumping Act, 1921, or
(iii) a countervailing duty order issued under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim) or section 1303 11 See References in Text note below. of this title,
(B) such merchandise sold in the United States is completed or assembled in the United States from parts or components produced in the foreign country with respect to which such order or finding applies,
(C) the process of assembly or completion in the United States is minor or insignificant, and
(D) the value of the parts or components referred to in subparagraph (B) is a significant portion of the total value of the merchandise,
the administering authority, after taking into account any advice provided by the Commission under subsection (e), may include within the scope of such order or finding the imported parts or components referred to in subparagraph (B) that are used in the completion or assembly of the merchandise in the United States at any time such order or finding is in effect.
(2) **Determination of whether process is minor or insignificant** — In determining whether the process of assembly or completion is minor or insignificant under paragraph (1)(C), the administering authority shall take into account—
(A) the level of investment in the United
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