19 U.S.C. § 1677c — Hearings

Page 405 TITLE 19—CUSTOMS DUTIES § 1677d PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. § 1677b–1. Currency conversion (a) In general In an antidumping proceeding under this sub- title, the administering authority shall convert foreign currencies into United States dollars using the exchange rate in effect on the date of sale of the subject merchandise, except that, if it is established that a currency transaction on forward markets is directly linked to an export sale under consideration, the exchange rate specified with respect to such currency in the forward sale agreement shall be used to convert the foreign currency. Fluctuations in exchange rates shall be ignored. (b) Sustained movement in foreign currency value In an investigation under part II of this sub- title, if there is a sustained movement in the value of the foreign currency relative to the United States dollar, the administering author- ity shall allow exporters at least 60 days to ad- just their export prices to reflect such sustained movement. (June 17, 1930, ch. 497, title VII, § 773A, as added Pub. L. 103–465, title II, § 225(a), Dec. 8, 1994, 108 Stat. 4886.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under speci- fied provisions of this chapter after such date, see sec- tion 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title. § 1677c. Hearings (a) Investigation hearings (1) In general Except as provided in paragraph (2), the ad- ministering 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 deter- mination 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 deter- mination 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 addi- tional written comment as it considers rel- evant. (b) Procedures Any hearing required or permitted under this subtitle shall be conducted after notice pub- lished in the Federal Register, and a transcript of the hearing shall be prepared and made avail- able to the public. The hearing shall not be sub- ject to the provisions of subchapter II of chapter 5 of title 5, or to section 702 of such title. (June 17, 1930, ch. 497, title VII, § 774, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 186; amended Pub. L. 98–573, title VI, § 616, Oct. 30, 1984, 98 Stat. 3037.) Editorial Notes AMENDMENTS 1984—Subsec. (a). Pub. L. 98–573 designated existing provisions as par. (1), inserted ‘‘Except as provided in paragraph (2),’’, and added par. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as a note under section 1671 of this title. § 1677d. Countervailable subsidy practices dis- covered during a proceeding If, in the course of a proceeding under this subtitle, the administering authority discovers a practice which appears to be a countervailable subsidy, but was not included in the matters al- leged in a countervailing duty petition, or if the administering authority receives notice from the Trade Representative that a subsidy or sub- sidy program is in violation of Article 8 of the Subsidies Agreement, then the administering authority— (1) shall include the practice, subsidy, or subsidy program in the proceeding if the prac- tice, subsidy, or subsidy program appears to be a countervailable subsidy with respect to the merchandise which is the subject of the pro- ceeding, or (2) shall transfer the information (other than confidential information) concerning the prac- tice, subsidy, or subsidy program to the li- brary maintained under section 1677f(a)(1) of this title, if the practice, subsidy, or subsidy program appears to be a countervailable sub- sidy with respect to any other merchandise. (June 17, 1930, ch. 497, title VII, § 775, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 186; amended Pub. L. 98–573, title VI, § 617, Oct. 30, 1984, 98 Stat. 3037; Pub. L. 99–514, title XVIII, § 1886(a)(12), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 103–465, title II, § 283(b), Dec. 8, 1994, 108 Stat. 4930.)