19 U.S.C. § 1671b — Preliminary determinations

Page 336 TITLE 19—CUSTOMS DUTIES § 1671b 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. § 1671b. 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 1671a(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 1671a(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 1671a(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 1671a(a) of this title, within 45 days after the date on which the Commission receives notice from the admin- istering authority that an investigation has been initiated under such section. (b) Preliminary determination by administering authority; expedited determinations; waiver of verification (1) Within 65 days after the date on which the administering authority initiates an investiga- tion under section 1671a(c) of this title, or an in- vestigation is initiated under section 1671a(a) of this title, but not before an affirmative deter- mination by the Commission under subsection (a) of this section, the administering authority shall make a determination, based upon the in- formation available to it at the time of the de- termination, of whether there is a reasonable basis to believe or suspect that a countervailable subsidy is being provided with respect to the subject merchandise. (2) Notwithstanding paragraph (1), when the petition is one subject to section 1671a(b)(3) of this title, the Administering Authority shall, taking into account the nature of the countervailable subsidy concerned, make the de- termination required by paragraph (1) on an ex- pedited basis and within 65 days after the date on which the administering authority initiates an investigation under section 1671a(c) of this title unless the provisions of subsection (c) of this section apply. (3) Within 55 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 re- ceived during the first 50 days of the investiga- tion, and, if there appears to be sufficient infor- mation available upon which the determination can reasonably be based, to disclose to the peti- tioner and any interested party, then a party to the proceedings that requests such disclosure, all available nonconfidential information and all other information which is disclosed pursu- ant to section 1677f of this title. Within 3 days (not counting Saturdays, Sundays, or legal pub- lic holidays) after such disclosure, the petitioner and each party which is an interested party de- scribed in subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of this title to whom such dis- closure was made may furnish to the admin- istering authority an irrevocable written waiver of verification of the information received by the authority, and an agreement that it is will- ing to have a determination made on the basis of the record then available to the authority. If a timely waiver and agreement have been re- ceived from 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 the disclosure was made, and the authority finds that sufficient information is then available upon which the preliminary de- termination can reasonably be based, a prelimi- nary determination shall be made on an expe- dited basis on the basis of the record established during the first 50 days after the investigation was initiated. (4) DE MINIMIS COUNTERVAILABLE SUBSIDY.— (A) GENERAL RULE.—In making a determina- tion under this subsection, the administering authority shall disregard any de minimis countervailable subsidy. For purposes of the preceding sentence, a countervailable subsidy is de minimis if the administering authority determines that the aggregate of the net Page 337 TITLE 19—CUSTOMS DUTIES § 1671b countervailable subsidies is less than 1 percent ad valorem or the equivalent specific rate for the subject merchandise. (B) EXCEPTION FOR DEVELOPING COUNTRIES.— In the case of subject merchandise imported from a Subsidies Agreement country (other than a country to which subparagraph (C) ap- plies) designated by the Trade Representative as a developing country in accordance with section 1677(36) of this title, a countervailable subsidy is de minimis if the administering au- thority determines that the aggregate of the net countervailable subsidies does not exceed 2 percent ad valorem or the equivalent specific rate for the subject merchandise. (C) CERTAIN OTHER DEVELOPING COUNTRIES.— In the case of subject merchandise imported from a Subsidies Agreement country that is— (i) a least developed country, as deter- mined by the Trade Representative in ac- cordance with section 1677(36) of this title, or (ii) a developing country with respect to which the Trade Representative has notified the administering authority that the coun- try has eliminated its export subsidies on an expedited basis within the meaning of Arti- cle 27.11 of the Subsidies Agreement, subparagraph (B) shall be applied by sub- stituting ‘‘3 percent’’ for ‘‘2 percent’’. (D) LIMITATIONS ON APPLICATION OF SUBPARA- GRAPH (C).— (i) IN GENERAL.—In the case of a country described in subparagraph (C)(i), the provi- sions of subparagraph (C) shall not apply after the date that is 8 years after the date the WTO Agreement enters into force. (ii) SPECIAL RULE FOR SUBPARAGRAPH (C)(ii) COUNTRIES.—In the case of a country de- scribed in subparagraph (C)(ii), the provi- sions of subparagraph (C) shall not apply after the earlier of— (I) the date that is 8 years after the date the WTO Agreement enters into force, or (II) the date on which the Trade Rep- resentative notifies the administering au- thority that such country is providing an export subsidy. (5) NOTIFICATION OF ARTICLE 8 VIOLATION.—If the only subsidy under investigation is a subsidy with respect to which the administering author- ity received notice from the Trade Representa- tive of a violation of Article 8 of the Subsidies Agreement, paragraph (1) shall be applied by substituting ‘‘60 days’’ for ‘‘65 days’’. (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), 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 alleged countervailable subsidy prac- tices; (II) the novelty of the issues presented; (III) the need to determine the extent to which particular countervailable sub- sidies are used by individual manufac- turers, producers, and exporters; or (IV) 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 under subsection (b) until not later than the 130th day after the date on which the admin- istering authority initiates an investigation under section 1671a(c) of this title, or an inves- tigation is initiated under section 1671a(a) of this title. (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), if it intends to postpone making the preliminary determination under paragraph (1). The notification shall include an explanation of the reasons for the post- ponement. 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) is af- firmative, the administering authority— (1)(A) shall— (i) determine an estimated individual countervailable subsidy rate for each ex- porter and producer individually inves- tigated, and, in accordance with section 1671d(c)(5) of this title, an estimated all-oth- ers rate for all exporters and producers not individually investigated and for new ex- porters and producers within the meaning of section 1675(a)(2)(B) of this title, or (ii) if section 1677f–1(e)(2)(B) of this title applies, determine a single estimated coun- try-wide subsidy rate, applicable to all ex- porters and producers, 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 individual countervailable subsidy rate, the estimated all-others rate, or the estimated country-wide subsidy 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 its determination Page 338 TITLE 19—CUSTOMS DUTIES § 1671b 1 So in original. The words ‘‘as appropriate,’’ probably should not appear. 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. (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) the alleged countervailable subsidy is inconsistent with the Subsidies Agreement, and (B) there have been massive imports of the subject merchandise over a relatively short period. (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. (g) Time period where upstream subsidization is involved (1) In general Whenever the administering authority con- cludes prior to a preliminary determination under subsection (b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed, the time period within which a preliminary determination must be made shall be extended to 250 days after the filing of a petition under section 1671a(b) of this title or initiation of an inves- tigation under section 1671a(a) of this title (310 days in cases declared extraordinarily com- plicated under subsection (c)), if the admin- istering authority concludes that such addi- tional time is necessary to make the required determination concerning upstream subsidiza- tion. (2) Exceptions Whenever the administering authority con- cludes, after a preliminary determination under subsection (b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed— (A) in cases in which the preliminary de- termination was negative, the time period within which a final determination must be made shall be extended to 165 or 225 days, as appropriate, under section 1671d(a)(1) of this title; or (B) in cases in which the preliminary de- termination is affirmative, the determina- tion concerning upstream subsidization— (i) need not be made until the conclusion of the first annual review under section 1675 of this title of any eventual Counter- vailing Duty Order, or, at the option of the petitioner, or (ii) will be made in the investigation and the time period within which a final deter- mination must be made shall be extended to 165 or 225 days, as appropriate, under section 1671d(a)(1) of this title, as appro- priate,1 except that the suspension of liq- uidation ordered in the preliminary deter- mination shall terminate at the end of 120 days from the date of publication of that determination and not be resumed unless and until the publication of a Counter- vailing Duty Order under section 1671e(a) of this title. There may be an extension of time for the making of a final determination under this subsection only if the administering authority determines that such additional time is nec- essary to make the required determination concerning upstream subsidization. (June 17, 1930, ch. 497, title VII, § 703, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 152; amended Pub. L. 98–181, title I [title VI, § 650(b)], Nov. 30, 1983, 97 Stat. 1266; Pub. L. 98–573, title VI, §§ 603, 613(c), Oct. 30, 1984, 98 Stat. 3024, 3036; Pub. L. 99–514, title XVIII, § 1886(a)(3), Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100–418, title I, §§ 1324(a)(2), 1326(d)(1), Aug. 23, 1988, 102 Stat. 1200, 1204; Pub. L. 103–465, title II, §§ 212(b)(1)(A), (C), (D), (F), 214(a)(1), 215(a), 233(a)(5)(C), (6)(A)(iii), (iv), (B), 263(a), 264(a), (c)(1), (2), 270(a)(1)(B)–(D), (b)(1)(B), 283(a), Dec. 8, 1994, 108 Stat. 4847, 4848, 4850, 4852, 4899, 4901, 4911, 4912, 4914, 4917, 4930; Pub. L. 104–295, § 20(b)(5), Oct. 11, 1996, 110 Stat. 3527.) Page 339 TITLE 19—CUSTOMS DUTIES § 1671b Editorial Notes AMENDMENTS 1996—Subsec. (b)(1). Pub. L. 104–295 amended Pub. L. 103–465, § 212(b)(1)(C)(i)(I). See 1994 Amendment note below. 1994—Subsec. (a). Pub. L. 103–465, § 212(b)(1)(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 1671a(c)(3) of this title, the Commission, within 45 days after the date on which a petition is filed under section 1671a(b) of this title or on which it receives notice from the administering author- ity of an investigation commenced under section 1671a(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). Pub. L. 103–465, § 270(a)(1)(B), sub- stituted ‘‘countervailable subsidy’’ for ‘‘subsidy’’. Pub. L. 103–465, § 233(a)(5)(B), (6)(A)(iii), substituted ‘‘initiated’’ for ‘‘commenced’’ and ‘‘subject merchan- dise’’ for ‘‘merchandise which is the subject of the in- vestigation’’. Pub. L. 103–465, § 212(b)(1)(C)(i)(II), (III), substituted ‘‘based upon the information’’ for ‘‘based upon the best information’’ and struck out at end ‘‘If the determina- tion of the administering authority under this sub- section is affirmative, the determination shall include an estimate of the net subsidy.’’ Pub. L. 103–465, § 212(b)(1)(C)(i)(I), as amended by Pub. L. 104–295, substituted ‘‘65 days after the date on which the administering authority initiates an investigation under section 1671a(c) of this title’’ for ‘‘85 days after the date on which a petition is filed under section 1671a(b) of this title’’. Subsec. (b)(2). Pub. L. 103–465, § 270(a)(1)(C), sub- stituted ‘‘countervailable subsidy’’ for ‘‘subsidy’’. Pub. L. 103–465, § 264(c)(1), substituted ‘‘paragraph (1)’’ for ‘‘subsection (b)(1) of this section’’ in two places and made technical amendments to references to section 1671a(b)(3) of this title and subsection (c) of this section to correct references to corresponding provisions of original act. Pub. L. 103–465, § 212(b)(1)(C)(ii), substituted ‘‘65 days after the date on which the administering authority initiates an investigation under section 1671a(c) of this title’’ for ‘‘85 days after the date on which the petition is filed under section 1671a(b) of this title’’. Subsec. (b)(4). Pub. L. 103–465, § 263(a), added par. (4). Subsec. (b)(5). Pub. L. 103–465, § 283(a), added par. (5). Subsec. (c)(1). Pub. L. 103–465, §§ 212(b)(1)(D), 233(a)(6)(A)(iv), in concluding provisions, substituted ‘‘130th day after the date on which the administering authority initiates an investigation under section 1671a(c) of this title’’ for ‘‘150th day after the date on which a petition is filed under section 1671a(b) of this title’’ and ‘‘initiated’’ for ‘‘commenced’’. Subsec. (c)(1)(B)(i). Pub. L. 103–465, § 270(a)(1)(D), (b)(1)(B), substituted ‘‘countervailable subsidy’’ for ‘‘subsidy’’ in subcl. (I) and ‘‘countervailable subsidies’’ for ‘‘subsidies’’ in subcl. (III). Subsec. (d). Pub. L. 103–465, § 215(a)(1)(B), inserted concluding provisions. Subsec. (d)(1). Pub. L. 103–465, § 264(a)(4), added par. (1). Former par. (1) redesignated (2). Pub. L. 103–465, § 215(a)(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 deter- mination in the Federal Register,’’. Subsec. (d)(2). Pub. L. 103–465, § 264(a)(1)–(3), redesig- nated 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 amount of the net subsidy, and’’. Subsec. (e)(1). Pub. L. 103–465, § 214(a)(1), in introduc- tory provisions, struck out ‘‘best’’ before ‘‘informa- tion’’ and amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B) read as follows: ‘‘(A) the alleged subsidy is inconsistent with the Agreement, 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(a)(2), 264(c)(2), 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)(1)(F), 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.’’ Subsec. (g)(1). Pub. L. 103–465, § 233(a)(6)(B), sub- stituted ‘‘initiation’’ for ‘‘commencement’’. 1988—Subsec. (b)(3). Pub. L. 100–418, § 1326(d)(1), sub- stituted ‘‘(F), or (G)’’ for ‘‘or (F)’’ in two places. Subsec. (e)(1). Pub. L. 100–418, § 1324(a)(2), inserted ‘‘(at any time after the initiation of the investigation under this part)’’ after ‘‘promptly’’ in introductory pro- visions. 1986—Subsecs. (g), (h). Pub. L. 99–514 redesignated subsec. (h) as (g) and substituted ‘‘or 225 days, as appro- priate, under section 1671d(a)(1) of this title’’ for ‘‘days under section 1671d(a)(1) of this title or 225 days under section 1671d(a)(2) of this title, as appropriate’’ in par. (2)(A), and ‘‘or 225 days, as appropriate, under section 1671d(a)(1) of this title’’ for ‘‘days under section 1671d(a)(2) of this title’’ in par. (2)(B)(ii). 1984—Subsec. (b)(3). Pub. L. 98–573, § 603, added par. (3). Subsec. (h). Pub. L. 98–573, § 613(c), added subsec. (h). 1983—Subsec. (b). Pub. L. 98–181 designated existing provisions as par. (1) and added par. (2). 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. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by section 1324(a)(2) 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 effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as a note under section 1671 of this title. Page 340 TITLE 19—CUSTOMS DUTIES § 1671c 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. 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. § 1671c. 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 1671a(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, with the government of the country in which the countervailable subsidy prac- tice is alleged to occur, an understanding or other kind of agreement to limit the volume of imports into the United States of the sub- ject 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 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 countervailing 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 1671b(b) of this title. (b) Agreements to eliminate or offset completely a countervailable subsidy or to cease exports of subject merchandise The administering authority may suspend an investigation if the government of the country in which the countervailable subsidy practice is alleged to occur agrees, or exporters who ac- count for substantially all of the imports of the subject merchandise agree— (1) to eliminate the countervailable subsidy completely or to offset completely the amount of the net countervailable subsidy, with re- spect to that merchandise exported directly or indirectly to the United States, within 6 months after the date on which the investiga- tion is suspended, or (2) to cease exports of that merchandise to the United States within 6 months after the date on which the investigation is suspended. (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 from a government described in subsection (b), or from exporters described in subsection (b), if the agreement will eliminate completely the injurious effect of exports to the United States of the subject merchandise. (2) Certain additional requirements Except in the case of an agreement by a for- eign government to restrict the volume of im- ports of the subject merchandise into the United States, the administering authority