19 U.S.C. § 1675a — Special rules for section 1675(b) and

Page 375 TITLE 19—CUSTOMS DUTIES § 1675a 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. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. § 1675a. Special rules for section 1675(b) and 1675(c) reviews (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 deter- mine whether revocation of an order, or termi- nation of a suspended investigation, would be likely to lead to continuation or recurrence of material injury within a reasonably foresee- able time. The Commission shall consider the likely volume, price effect, and impact of im- ports of the subject merchandise on the indus- try if the order is revoked or the suspended in- vestigation is terminated. The Commission shall take into account— (A) its prior injury determinations, includ- ing 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, the findings of the administering authority regarding duty absorption under section 1675(a)(4) of this title. (2) Volume In evaluating the likely volume of imports of the subject merchandise if the order is re- voked or the suspended investigation is termi- nated, 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 investigation is terminated, either in absolute terms or rel- ative to production or consumption in the United States. In so doing, the Commission shall consider all relevant economic factors, including— (A) any likely increase in production ca- pacity or existing unused production capac- ity in the exporting country, (B) existing inventories of the subject mer- chandise, or likely increases in inventories, (C) the existence of barriers to the impor- tation of such merchandise into countries other than the United States, and (D) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products. (3) Price In evaluating the likely price effects of im- ports of the subject merchandise if the order is revoked or the suspended investigation is ter- minated, the Commission shall consider whether— (A) there is likely to be significant price underselling by imports of the subject mer- chandise as compared to domestic like prod- ucts, and (B) imports of the subject merchandise are likely to enter the United States at prices that otherwise would have a significant de- pressing or suppressing effect on the price of domestic like products. (4) Impact on the industry In evaluating the likely impact of imports of the subject merchandise on the industry if the order is revoked or the suspended investiga- tion is terminated, the Commission shall con- sider all relevant economic factors which are likely to have a bearing on the state of the in- dustry in the United States, including, but not limited to— (A) likely declines in output, sales, market share, profits, productivity, return on in- vestments, and utilization of capacity, (B) likely negative effects on cash flow, in- ventories, employment, wages, growth, abil- ity to raise capital, and investment, and (C) likely negative effects on the existing development and production efforts of the industry, including efforts to develop a de- rivative or more advanced version of the do- mestic like product. The Commission shall evaluate all relevant economic factors described in this paragraph within the context of the business cycle and the conditions of competition that are distinc- tive to the affected industry. (5) Basis for determination The presence or absence of any factor which the Commission is required to consider under this subsection shall not necessarily give deci- sive guidance with respect to the Commis- sion’s determination of whether material in- jury is likely to continue or recur within a reasonably foreseeable time if the order is re- voked or the suspended investigation is termi- nated. In making that determination, the Commission shall consider that the effects of revocation or termination may not be immi- nent, but may manifest themselves only over a longer period of time. (6) Magnitude of margin of dumping and net countervailable subsidy; nature of countervailable subsidy In making a determination under section 1675(b) or (c) of this title, the Commission may consider the magnitude of the margin of dumping or the magnitude of the net countervailable subsidy. If a countervailable subsidy is involved the Commission shall con- Page 376 TITLE 19—CUSTOMS DUTIES § 1675a sider information regarding the nature of the countervailable subsidy and whether the sub- sidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agreement. (7) Cumulation For purposes of this subsection, the Commis- sion may cumulatively assess the volume and effect of imports of the subject merchandise from all countries with respect to which re- views under section 1675(b) or (c) of this title were initiated on the same day, if such im- ports would be likely to compete with each other and with domestic like products in the United States market. The Commission shall not cumulatively assess the volume and ef- fects of imports of the subject merchandise in a case in which it determines that such im- ports are likely to have no discernible adverse impact on the domestic industry. (8) Special rule for regional industries In a review under section 1675(b) or (c) of this title involving a regional industry, the Commission may base its determination on the regional industry defined in the original investigation under this subtitle, another re- gion that satisfies the criteria established in section 1677(4)(C) of this title, or the United States as a whole. In determining if a regional industry analysis is appropriate for the deter- mination in the review, the Commission shall consider whether the criteria established in section 1677(4)(C) of this title are likely to be satisfied if the order is revoked or the sus- pended investigation is terminated. (b) Determination of likelihood of continuation or recurrence of a countervailable subsidy (1) In general In a review conducted under section 1675(c) of this title, the administering authority shall determine whether revocation of a counter- vailing duty order or termination of a sus- pended investigation under section 1671c of this title would be likely to lead to continu- ation or recurrence of a countervailable sub- sidy. The administering authority shall con- sider— (A) the net countervailable subsidy deter- mined in the investigation and subsequent reviews, and (B) whether any change in the program which gave rise to the net countervailable subsidy described in subparagraph (A) has occurred that is likely to affect that net countervailable subsidy. (2) Consideration of other factors If good cause is shown, the administering au- thority shall also consider— (A) programs determined to provide countervailable subsidies in other investiga- tions or reviews under this subtitle, but only to the extent that such programs— (i) can potentially be used by the export- ers or producers subject to the review under section 1675(c) of this title, and (ii) did not exist at the time that the countervailing duty order was issued or the suspension agreement was accepted, and (B) programs newly alleged to provide countervailable subsidies but only to the ex- tent that the administering authority makes an affirmative countervailing duty deter- mination with respect to such programs and with respect to the exporters or producers subject to the review. (3) Net countervailable subsidy The administering authority shall provide to the Commission the net countervailable sub- sidy that is likely to prevail if the order is re- voked or the suspended investigation is termi- nated. The administering authority shall nor- mally choose a net countervailable subsidy that was determined under section 1671d of this title or subsection (a) or (b)(1) of section 1675 of this title. (4) Special rule (A) Treatment of zero and de minimis rates A net countervailable subsidy described in paragraph (1)(A) that is zero or de minimis shall not by itself require the administering authority to determine that revocation of a countervailing duty order or termination of a suspended investigation would not be like- ly to lead to continuation or recurrence of a countervailable subsidy. (B) Application of de minimis standards For purposes of this paragraph, the admin- istering authority shall apply the de mini- mis standards applicable to reviews con- ducted under subsections (a) and (b)(1) of section 1675 of this title. (c) Determination of likelihood of continuation or recurrence of dumping (1) In general In a review conducted under section 1675(c) of this title, the administering authority shall determine whether revocation of an anti- dumping duty order or termination of a sus- pended investigation under section 1673c of this title would be likely to lead to continu- ation or recurrence of sales of the subject mer- chandise at less than fair value. The admin- istering authority shall consider— (A) the weighted average dumping margins determined in the investigation and subse- quent reviews, and (B) the volume of imports of the subject merchandise for the period before and the period after the issuance of the antidumping duty order or acceptance of the suspension agreement. (2) Consideration of other factors If good cause is shown, the administering au- thority shall also consider such other price, cost, market, or economic factors as it deems relevant. (3) Magnitude of the margin of dumping The administering authority shall provide to the Commission the magnitude of the margin of dumping that is likely to prevail if the order is revoked or the suspended investiga- tion is terminated. The administering author- ity shall normally choose a margin that was determined under section 1673d of this title or Page 377 TITLE 19—CUSTOMS DUTIES § 1675b 1 See References in Text note below. under subsection (a) or (b)(1) of section 1675 of this title. (4) Special rule (A) Treatment of zero or de minimis margins A dumping margin described in paragraph (1)(A) that is zero or de minimis shall not by itself require the administering authority to determine that revocation of an anti- dumping duty order or termination of a sus- pended investigation would not be likely to lead to continuation or recurrence of sales at less than fair value. (B) Application of de minimis standards For purposes of this paragraph, the admin- istering authority shall apply the de mini- mis standards applicable to reviews con- ducted under subsections (a) and (b) of sec- tion 1675 of this title. (June 17, 1930, ch. 497, title VII, § 752, as added Pub. L. 103–465, title II, § 221(a), Dec. 8, 1994, 108 Stat. 4865.) 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. § 1675b. Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investiga- tions (a) In general (1) Investigation by the commission upon re- quest 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 sec- tion 1516a of this title, 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 1 of this title or section 1671(c) of this title 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 Agree- ment country, or (B) in the case of an order described in paragraph (1)(B)(ii), within 6 months after the date the order is issued. (4) Suspension of liquidation With respect to entries of subject merchan- dise made on or after— (A) in the case of an order described in paragraph (1)(B)(i), the date on which the country described in paragraph (1)(A) be- comes a Subsidies Agreement country, or (B) in the case of an order described in paragraph (1)(B)(ii), the date on which the order is issued, liquidation shall be suspended at the cash de- posit rate in effect on the date described in subparagraph (A) or (B) (whichever is applica- ble). (b) Investigation procedure and schedule (1) Commission procedure (A) In general Except as otherwise provided in this sec- tion, the provisions of this subtitle regard- ing evidence in and procedures for investiga- tions conducted under part I of this subtitle shall apply to investigations conducted by the Commission under this section. (B) Time for Commission determination Except as otherwise provided in subpara- graph (C), the Commission shall issue its de- termination under subsection (a)(1), to the extent possible, not later than 1 year after the date on which the investigation is initi- ated under this section. (C) Special rule to permit administrative flexibility In the case of requests for investigations received under this section within 1 year after the date on which the WTO Agreement enters into force with respect to the United States, the Commission may, after con- sulting with the administering authority, initiate its investigations in a manner that results in determinations being made in all such investigations during the 4-year period beginning on such date. (2) Net countervailable subsidy; nature of sub- sidy (A) Net countervailable subsidy The administering authority shall provide to the Commission the net countervailable subsidy that is likely to prevail if the order which is the subject of the investigation is revoked. The administering authority nor- mally shall choose a net countervailable