19 U.S.C. § 1673b — Preliminary determinations

Page 353 TITLE 19—CUSTOMS DUTIES § 1673b Subsec. (c). Pub. L. 103–465, § 212(a)(2), amended head- ing and text of subsec. (c) generally. Prior to amend- ment, text read as follows: ‘‘Within 20 days after the date on which a petition is filed under subsection (b) of this section, the administering authority shall— ‘‘(1) determine whether the petition alleges the ele- ments necessary for the imposition of a duty under section 1673 of this title and contains information reasonably available to the petitioner supporting the allegations, ‘‘(2) if the determination is affirmative, commence an investigation to determine whether the class or kind of merchandise described in the petition is being, or is likely to be, sold in the United States at less than its fair value, and provide for the publica- tion of notice of the determination in the Federal Register, and ‘‘(3) if the determination is negative, dismiss the petition, terminate the proceeding, notify the peti- tioner in writing of the reasons for the determina- tion, and provide for the publication of notice of the determination in the Federal Register.’’ Subsec. (e). Pub. L. 103–465, § 233(a)(5)(R), in con- cluding provisions, substituted ‘‘subject merchandise’’ for ‘‘class or kind of merchandise that is the subject of the investigation’’ in two places. Subsec. (e)(1). Pub. L. 103–465, § 233(a)(5)(P), sub- stituted ‘‘the subject merchandise’’ for ‘‘class or kind of the merchandise which is the subject of the inves- tigation’’. Subsec. (e)(2). Pub. L. 103–465, § 233(a)(5)(Q), sub- stituted ‘‘subject merchandise’’ for ‘‘merchandise which is the subject of the investigation’’. 1988—Subsec. (b)(1). Pub. L. 100–418, § 1326(d)(1), sub- stituted ‘‘(F), or (G)’’ for ‘‘or (F)’’. Subsec. (e). Pub. L. 100–418, § 1324(b)(1), added subsec. (e). 1986—Subsec. (b)(1). Pub. L. 99–514 inserted reference to subpar. (F) of section 1677(9) of this title. 1984—Subsec. (a). Pub. L. 98–573 designated existing provisions as par. (1) and added par. (2). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Commissioner of U.S. Customs and Border Protec- tion’’ substituted for ‘‘Commissioner of Customs’’ in two places in subsec. (e) on authority of section 802(d)(2) of Pub. L. 114–125, set out as a note under sec- tion 211 of Title 6, Domestic Security. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 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 in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1324(b)(1) of Pub. L. 100–418 ap- plicable with respect to investigations initiated after Aug. 23, 1988, and amendment by section 1326(d)(1) of Pub. L. 100–418 applicable with respect to investigations initiated after Aug. 23, 1988, and to reviews initiated under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see section 1337(b), (c) of Pub. L. 100–418, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 applicable with respect to investigations initiated by petition or by the admin- istering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as a note under section 1671 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. 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. § 1673b. Preliminary determinations (a) Determination by Commission of reasonable indication of injury (1) General rule Except in the case of a petition dismissed by the administering authority under section 1673a(c)(3) of this title, the Commission, with- in the time specified in paragraph (2), shall de- termine, based on the information available to it at the time of the determination, whether there is a reasonable indication 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 the subject merchan- dise and that imports of the subject merchan- dise are not negligible. If the Commission finds that imports of the subject merchandise are negligible or otherwise makes a negative determination under this paragraph, the in- vestigation shall be terminated. (2) Time for Commission determination The Commission shall make the determina- tion described in paragraph (1)— (A) in the case of a petition filed under section 1673a(b) of this title— (i) within 45 days after the date on which the petition is filed, or (ii) if the time has been extended pursu- ant to section 1673a(c)(1)(B) of this title, within 25 days after the date on which the Commission receives notice from the ad- ministering authority of initiation of the investigation, and (B) in the case of an investigation initi- ated under section 1673a(a) of this title, within 45 days after the date on which the Commission receives notice from the admin- Page 354 TITLE 19—CUSTOMS DUTIES § 1673b istering authority that an investigation has been initiated under such section. (b) Preliminary determination by administering authority (1) Period of antidumping duty investigation (A) In general Except as provided in subparagraph (B), within 140 days after the date on which the administering authority initiates an inves- tigation under section 1673a(c) of this title, or an investigation is initiated under section 1673a(a) of this title, but not before an af- firmative determination by the Commission under subsection (a) of this section, the ad- ministering authority shall make a deter- mination, based upon the information avail- able to it at the time of the determination, of whether there is a reasonable basis to be- lieve or suspect that the merchandise is being sold, or is likely to be sold, at less than fair value. (B) If certain short life cycle merchandise in- volved If a petition filed under section 1673a(b) of this title, or an investigation initiated under section 1673a(a) of this title, concerns short life cycle merchandise that is included in a product category established under section 1673h(a) of this title, subparagraph (A) shall be applied— (i) by substituting ‘‘100 days’’ for ‘‘140 days’’ if manufacturers that are second of- fenders account for a significant propor- tion of the merchandise under investiga- tion, and (ii) by substituting ‘‘80 days’’ for ‘‘140 days’’ if manufacturers that are multiple offenders account for a significant propor- tion of the merchandise under investiga- tion. (C) Definitions of offenders For purposes of subparagraph (B)— (i) The term ‘‘second offender’’ means a manufacturer that is specified in 2 affirm- ative dumping determinations (within the meaning of section 1673h of this title) as the manufacturer of short life cycle mer- chandise that is— (I) specified in both such determina- tions, and (II) within the scope of the product category referred to in subparagraph (B). (ii) The term ‘‘multiple offender’’ means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of section 1673h of this title) as the manufacturer of short life cycle merchandise that is— (I) specified in each of such determina- tions, and (II) within the scope of the product category referred to in subparagraph (B). (2) Preliminary determination under waiver of verification Within 75 days after the initiation of an in- vestigation, the administering authority shall cause an official designated for such purpose to review the information concerning the case received during the first 60 days of the inves- tigation, and, if there appears to be sufficient information available upon which the prelimi- nary determination can reasonably be based, to disclose to the petitioner and any inter- ested party, then a party to the proceedings that requests such disclosure, all available nonconfidential information and all other in- formation which is disclosed pursuant to sec- tion 1677f of this title. Within 3 days (not counting Saturdays, Sundays, or legal public holidays) after such disclosure, the petitioner and each party which is an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of this title to whom such disclosure was made may furnish to the ad- ministering authority an irrevocable written waiver of verification of the information re- ceived by the authority, and an agreement that it is willing to have a preliminary deter- mination made on the basis of the record then available to the authority. If a timely waiver and agreement have been received from the pe- titioner and each party which is an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of this title to whom the disclosure was made, and the au- thority finds that sufficient information is then available upon which the preliminary de- termination can reasonably be based, a pre- liminary determination shall be made within 90 days after the initiation of the investiga- tion on the basis of the record established dur- ing the first 60 days after the investigation was initiated. (3) De minimis dumping margin In making a determination under this sub- section, the administering authority shall dis- regard any weighted average dumping margin that is de minimis. For purposes of the pre- ceding sentence, a weighted average dumping margin is de minimis if the administering au- thority determines that it is less than 2 per- cent ad valorem or the equivalent specific rate for the subject merchandise. (c) Extension of period in extraordinarily com- plicated 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 sub- section (b)(1), or (B) the administering authority concludes that the parties concerned are cooperating and determines that— (i) the case is extraordinarily com- plicated by reason of— (I) the number and complexity of the transactions to be investigated or ad- justments to be considered, (II) the novelty of the issues presented, or (III) the number of firms whose activi- ties must be investigated, and (ii) additional time is necessary to make the preliminary determination, then the administering authority may post- pone making the preliminary determination Page 355 TITLE 19—CUSTOMS DUTIES § 1673b under subsection (b)(1) until not later than the 190th day after the date on which the admin- istering authority initiates an investigation under section 1673a(c) of this title, or an inves- tigation is initiated under section 1673a(a) of this title. No extension of a determination date may be made under this paragraph for any investigation in which a determination date provided for in subsection (b)(1)(B) ap- plies unless the petitioner submits written no- tice to the administering authority of its con- sent to the extension. (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 post- pone making the preliminary determination under paragraph (1). The notification shall in- clude 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 ad- ministering authority under subsection (b) of this section is affirmative, the administering authority— (1)(A) shall— (i) determine an estimated weighted aver- age dumping margin for each exporter and producer individually investigated, and (ii) determine, in accordance with section 1673d(c)(5) of this title, an estimated all-oth- ers rate for all exporters and producers not individually investigated, and (B) 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 weighted average dumping margin or the estimated all-others rate, whichever is applicable, (2) shall order the suspension of liquidation of all entries of merchandise subject to the de- termination which are entered, or withdrawn from warehouse, for consumption on or after the later of— (A) the date on which notice of the deter- mination is published in the Federal Reg- ister, or (B) the date that is 60 days after the date on which notice of the determination to ini- tiate the investigation is published in the Federal Register, and (3) shall make available to the Commission all information upon which such determina- tion was based and which the Commission con- siders relevant to its injury determination, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the con- sent of the party providing it or under protec- tive order, of any information to which con- fidential treatment has been given by the ad- ministering authority. The instructions of the administering authority under paragraphs (1) and (2) may not remain in effect for more than 4 months, except that the administering authority may, at the request of exporters representing a significant proportion of exports of the subject merchandise, extend that 4-month period to not more than 6 months. (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 au- thority, then the administering authority shall promptly (at any time after the initi- ation of the investigation under this part) de- termine, on the basis of the information avail- able to it at that time, whether there is a rea- sonable basis to believe or suspect that— (A)(i) there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the sub- ject merchandise, or (ii) the person by whom, or for whose ac- count, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales, and (B) there have been massive imports of the subject merchandise over a relatively short period. The administering authority shall be treated as having made an affirmative determination under subparagraph (A) in any investigation to which subsection (b)(1)(B) is applied. (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)(2) shall apply, or, if no- tice of such suspension of liquidation is al- ready published, be amended to apply, to un- liquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of— (A) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or (B) the date on which notice of the deter- mination to initiate the investigation is published in the Federal Register. (f) Notice of determination Whenever the Commission or the admin- istering authority makes a determination under this section, the Commission or the admin- istering authority, as the case may be, shall no- tify the petitioner, and other parties to the in- vestigation, and the Commission or the admin- istering authority (whichever is appropriate) of its determination. The administering authority shall include with such notification the facts and conclusions on which its determination is based. Not later than 5 days after the date on which the determination is required to be made under subsection (a)(2), the Commission shall transmit to the administering authority the facts and conclusions on which its determina- tion is based. (June 17, 1930, ch. 497, title VII, § 733, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. Page 356 TITLE 19—CUSTOMS DUTIES § 1673b 163; amended Pub. L. 99–514, title XVIII, § 1886(a)(2), Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100–418, title I, §§ 1323(b), 1324(b)(2), 1326(d)(1), Aug. 23, 1988, 102 Stat. 1198, 1201, 1204; Pub. L. 103–465, title II, §§ 212(b)(2)(A), (C)–(E), 213(a), 214(b)(1), 215(b), 219(a), (c)(1), 233(a)(6)(A)(viii)–(x), (B), Dec. 8, 1994, 108 Stat. 4848–4852, 4855, 4857, 4901.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–465, § 212(b)(2)(A), amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: ‘‘Except in the case of a petition dismissed by the administering authority under section 1673a(c)(3) of this title, the Commission, within 45 days after the date on which a petition is filed under section 1673a(b) of this title or on which it receives notice from the administering author- ity of an investigation commenced under section 1673a(a) of this title, shall make a determination, based upon the best information available to it at the time of the determination, of whether there is a reasonable in- dication 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 au- thority. If that determination is negative, the inves- tigation shall be terminated.’’ Subsec. (b)(1)(A). Pub. L. 103–465, § 219(a)(2), struck out at end ‘‘If the determination of the administering authority under this subsection is affirmative, the de- termination shall include the estimated average amount by which the foreign market value exceeds the United States price.’’ Pub. L. 103–465, §§ 212(b)(2)(C)(i), 233(a)(6)(A)(viii), sub- stituted ‘‘140 days after the date on which the admin- istering authority initiates an investigation under sec- tion 1673a(c) of this title’’ for ‘‘160 days after the date on which a petition is filed under section 1673a(b) of this title’’, ‘‘initiated’’ for ‘‘commenced’’, and ‘‘infor- mation’’ for ‘‘best information’’. Subsec. (b)(1)(B). Pub. L. 103–465, §§ 212(b)(2)(C)(ii), 233(a)(6)(A)(viii), in introductory provisions, sub- stituted ‘‘initiated’’ for ‘‘commenced’’, in cl. (i), sub- stituted ‘‘100’’ for ‘‘120’’ and ‘‘140’’ for ‘‘160’’, and in cl. (ii), substituted ‘‘80’’ for ‘‘100’’ and ‘‘140’’ for ‘‘160’’. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(6)(A)(ix), (B), substituted ‘‘initiation’’ for ‘‘commencement’’ after ‘‘90 days after the’’ and ‘‘initiated’’ for ‘‘commenced’’. Subsec. (b)(3). Pub. L. 103–465, § 213(a), added par. (3). Subsec. (c)(1). Pub. L. 103–465, §§ 212(b)(2)(D), 233(a)(6)(A)(x), in concluding provisions, substituted ‘‘190th day after the date on which the administering authority initiates an investigation under section 1673a(c) of this title’’ for ‘‘210th day after the date on which a petition is filed under section 1673a(b) of this title’’ and ‘‘initiated’’ for ‘‘commenced’’. Subsec. (d). Pub. L. 103–465, § 215(b)(1)(B), inserted concluding provisions. Subsec. (d)(1). Pub. L. 103–465, § 219(a)(1)(D), added par. (1). Former par. (1) redesignated (2). Pub. L. 103–465, § 215(b)(1)(A), substituted ‘‘warehouse, for consumption on or after the later of—’’ and subpars. (A) and (B) for ‘‘warehouse, for consumption on or after the date of publication of the notice of the determina- tion in the Federal Register,’’. Subsec. (d)(2). Pub. L. 103–465, § 219(a)(1)(A)–(C), redes- ignated par. (1) as (2), inserted ‘‘and’’ at end, and struck out former par. (2) which read as follows: ‘‘shall order the posting of a cash deposit, bond, or other security, as it deems appropriate, for each entry of the merchan- dise concerned equal to the estimated average amount by which the foreign market value exceeds the United States price, and’’. Subsec. (e)(1). Pub. L. 103–465, § 214(b)(1), in introduc- tory provisions, substituted ‘‘information’’ for ‘‘best in- formation’’ and amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as fol- lows: ‘‘(A)(i) there is a history of dumping in the United States or elsewhere of the class or kind of the merchan- dise 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 inves- tigation over a relatively short period.’’ Subsec. (e)(2). Pub. L. 103–465, §§ 215(b)(2), 219(c)(1), substituted ‘‘subsection (d)(2)’’ for ‘‘subsection (d)(1)’’ and ‘‘warehouse, for consumption on or after the later of—’’ and subpars. (A) and (B) for ‘‘warehouse, for con- sumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered.’’ Subsec. (f). Pub. L. 103–465, § 212(b)(2)(E), amended heading and text of subsec. (f) generally. Prior to amendment, text read as follows: ‘‘Whenever the Com- mission or the administering authority makes a deter- mination under this section, it shall notify the peti- tioner, other parties to the investigation, and the other agency of its determination and of the facts and con- clusions of law upon which the determination is based, and it shall publish notice of its determination in the Federal Register.’’ 1988—Subsec. (b)(1). Pub. L. 100–418, § 1323(b)(1), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘Within 160 days after the date on which a petition is filed under section 1673a(b) of this title, or an investigation is commenced under section 1673a(a) of this title, but not before an affirmative de- termination by the Commission under subsection (a) of this section, the administering authority shall make a determination, based upon the best information avail- able 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 admin- istering 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.’’ Subsec. (b)(2). Pub. L. 100–418, § 1326(d)(1), substituted ‘‘(F), or (G)’’ for ‘‘or (F)’’ in two places. Subsec. (c)(1). Pub. L. 100–418, § 1323(b)(2), inserted sentence at end relating to notice for extensions under subsec. (b)(1)(B). Subsec. (e)(1). Pub. L. 100–418, § 1324(b)(2), inserted ‘‘(at any time after the initiation of the investigation under this part)’’ after ‘‘promptly’’ in introductory pro- visions. Pub. L. 100–418, § 1323(b)(3), inserted sentence at end relating to investigations in which subsec. (b)(1)(B) is applied. 1986—Subsec. (b)(2). Pub. L. 99–514 inserted reference to subpar. (F) of section 1677(9) of this title in two places. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 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 in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. Page 357 TITLE 19—CUSTOMS DUTIES § 1673c EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1323(b) of Pub. L. 100–418 effec- tive Aug. 23, 1988, amendment by section 1324(b)(2) of Pub. L. 100–418 applicable with respect to investigations initiated after Aug. 23, 1988, and amendment by section 1326(d)(1) of Pub. L. 100–418 applicable with respect to investigations initiated after Aug. 23, 1988, and to re- views initiated under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see section 1337(a) to (c) of Pub. L. 100–418, set out as a note under section 1671 of this title. 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. § 1673c. Termination or suspension of investiga- tion (a) Termination of investigation upon with- drawal 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 au- thority or the Commission, after notice to all parties to the investigation, upon with- drawal of the petition by the petitioner or by the administering authority if the inves- tigation was initiated under section 1673a(a) of this title. (B) Refiling of petition If, within 3 months after the withdrawal of a petition under subparagraph (A), a new pe- tition is filed seeking the imposition of du- ties on both the subject merchandise of the withdrawn petition and the subject mer- chandise from another country, the admin- istering 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 ap- plies only with respect to the first with- drawal 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 ac- cepting an understanding or other kind of agreement to limit the volume of imports into the United States of the subject mer- chandise 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 admin- istering authority shall take into account— (i) whether, based upon the relative im- pact on consumer prices and the avail- ability of supplies of the merchandise, the agreement would have a greater adverse impact on United States consumers than the imposition of antidumping duties; (ii) the relative impact on the inter- national economic interests of the United States; and (iii) the relative impact on the competi- tiveness of the domestic industry pro- ducing the like merchandise, including any such impact on employment and in- vestment in that industry. (C) Prior consultations Before making a decision under subpara- graph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with— (i) potentially affected consuming indus- tries; and (ii) potentially affected producers and workers in the domestic industry pro- ducing the like merchandise, including producers and workers not party to the in- vestigation. (3) Limitation on termination by Commission The Commission may not terminate an in- vestigation under paragraph (1) before a pre- liminary determination is made by the admin- istering authority under section 1673b(b) of this title. (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 subject mer- chandise 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 com- pletely any amount by which the normal value of the merchandise which is the subject of the agreement exceeds the export price (or the constructed export 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 subject merchan- dise who account for substantially all of the imports of that merchandise into the United States, if the agreement will eliminate com- pletely 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 normal value exceeds the export price (or the con- structed export price) will not exceed 15 per- cent of the weighted average amount by