                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
               Part I--Imposition of Countervailing Duties
 
Sec. 1671d. Final determinations


(a) Final determination by administering authority

                           (1) In general

        Within 75 days after the date of the preliminary determination 
    under section 1671b(b) of this title, the administering authority 
    shall make a final determination of whether or not a countervailable 
    subsidy is being provided with respect to the subject merchandise; 
    except that when an investigation under this part is initiated 
    simultaneously with an investigation under part II of this subtitle, 
    which involves imports of the same class or kind of merchandise from 
    the same or other countries, the administering authority, if 
    requested by the petitioner, shall extend the date of the final 
    determination under this paragraph to the date of the final 
    determination of the administering authority in such investigation 
    initiated under part II of this subtitle.

              (2) 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 been alleged under 
    section 1671b(e) of this title, shall also contain a finding as to 
    whether--
            (A) the countervailable subsidy is inconsistent with the 
        Subsidies Agreement, and
            (B) there have been massive imports of the subject 
        merchandise over a relatively short period.

    Such findings may be affirmative even though the preliminary 
    determination under section 1671b(e)(1) of this title was negative.

               (3) De minimis countervailable subsidy

        In making a determination under this subsection, the 
    administering authority shall disregard any countervailable subsidy 
    that is de minimis as defined in section 1671b(b)(4) of this title.

(b) Final determination by Commission

                           (1) In general

        The Commission shall make a final determination of whether--
            (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, or sales (or the likelihood of sales) for 
    importation, of the merchandise with respect to which the 
    administering authority has made an affirmative determination under 
    subsection (a) of this section. If the Commission determines that 
    imports of the subject merchandise are negligible, the investigation 
    shall be terminated.

     (2) Period for injury determination following affirmative 
            preliminary determination by administering authority

        If the preliminary determination by the administering authority 
    under section 1671b(b) of this title is affirmative, then the 
    Commission shall make the determination required by paragraph (1) 
    before the later of--
            (A) the 120th day after the day on which the administering 
        authority makes its affirmative preliminary determination under 
        section 1671b(b) of this title, or
            (B) the 45th day after the day on which the administering 
        authority makes its affirmative final determination under 
        subsection (a) of this section.

       (3) Period for injury determination following negative 
            preliminary determination by administering authority

        If the preliminary determination by the administering authority 
    under section 1671b(b) of this title is negative, and its final 
    determination under subsection (a) of this section is affirmative, 
    then the final determination by the Commission under this subsection 
    shall be made within 75 days after the date of that affirmative 
    final determination.

                   (4) Certain additional findings

        (A) Commission standard for retroactive application.--
            (i) In general.--If the finding of the administering 
        authority under subsection (a)(2) of this section is 
        affirmative, then the final determination of the Commission 
        shall include a finding as to whether the imports subject to the 
        affirmative determination under subsection (a)(2) of this 
        section are likely to undermine seriously the remedial effect of 
        the countervailing duty order to be issued under section 1671e 
        of this title.
            (ii) Factors to consider.--In making the evaluation under 
        clause (i), the Commission shall consider, among other factors 
        it considers relevant--
                (I) the timing and the volume of the imports,
                (II) any rapid increase in inventories of the imports, 
            and
                (III) any other circumstances indicating that the 
            remedial effect of the countervailing duty order will be 
            seriously undermined.

        (B) If the final determination of the Commission is that there 
    is no material injury but that there is threat of material injury, 
    then its determination shall also include a finding as to whether 
    material injury by reason of imports of the merchandise with respect 
    to which the administering authority has made an affirmative 
    determination under subsection (a) of this section would have been 
    found but for any suspension of liquidation of entries of that 
    merchandise.

(c) Effect of final determinations

    (1) Effect of affirmative determination by the administering 
                                  authority

        If the determination of the administering authority under 
    subsection (a) of this section is affirmative, then--
            (A) the administering authority shall make available to the 
        Commission all information upon which such determination was 
        based and which the Commission considers relevant to its 
        determination, under such procedures as the administering 
        authority and the Commission may establish to prevent 
        disclosure, other than with the consent of the party providing 
        it or under protective order, of any information to which 
        confidential treatment has been given by the administering 
        authority,
            (B)(i) the administering authority shall--
                (I) determine an estimated individual countervailable 
            subsidy rate for each exporter and producer individually 
            investigated, and, in accordance with paragraph (5), an 
            estimated all-others rate for all exporters and producers 
            not individually investigated and for new exporters 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 country-wide subsidy rate, 
            applicable to all exporters and producers,

            (ii) 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, and
            (C) in cases where the preliminary determination by the 
        administering authority under section 1671b(b) of this title was 
        negative, the administering authority shall order the suspension 
        of liquidation under paragraph (2) of section 1671b(d) of this 
        title.

       (2) Issuance of order; effect of negative determination

        If the determinations of the administering authority and the 
    Commission under subsections (a)(1) and (b)(1) of this section are 
    affirmative, then the administering authority shall issue a 
    countervailing duty order under section 1671e(a) of this title. If 
    either of such determinations is negative, the investigation shall 
    be terminated upon the publication of notice of that negative 
    determination and the administering authority shall--
            (A) terminate the suspension of liquidation under section 
        1671b(d)(2) of this title, and
            (B) release any bond or other security and refund any cash 
        deposit required under section 1671b(d)(1)(B) of this title.

      (3) Effect of negative determinations under subsections 
                    (a)(2) and (b)(4)(A) of this section

        If the determination of the administering authority or the 
    Commission under subsection (a)(2) and (b)(4)(A) of this section, 
    respectively, is negative, then the administering authority shall--
            (A) terminate any retroactive suspension of liquidation 
        required under paragraph (4) or section 1671b(e)(2) of this 
        title, and
            (B) release any bond or other security, and refund any cash 
        deposit required, under section 1671b(d)(1)(B) of this title 
        with respect to entries of the merchandise the liquidation of 
        which was suspended retroactively under section 1671b(e)(2) of 
        this title.

      (4) Effect of affirmative determination under subsection 
                           (a)(2) of this section

        If the determination of the administering authority under 
    subsection (a)(2) of this section is affirmative, then the 
    administering authority shall--
            (A) in cases where the preliminary determinations by the 
        administering authority under sections 1671b(b) and 1671b(e)(1) 
        of this title were both affirmative, continue the retroactive 
        suspension of liquidation and the posting of a cash deposit, 
        bond, or other security previously ordered under section 
        1671b(e)(2) of this title;
            (B) in cases where the preliminary determination by the 
        administering authority under section 1671b(b) of this title was 
        affirmative, but the preliminary determination under section 
        1671b(e)(1) of this title was negative, shall modify any 
        suspension of liquidation and security requirement previously 
        ordered under section 1671b(d) of this title to apply to 
        unliquidated entries of merchandise entered, or withdrawn from 
        warehouse, for consumption on or after the date which is 90 days 
        before the date on which suspension of liquidation was first 
        ordered; or
            (C) in cases where the preliminary determination by the 
        administering authority under section 1671b(b) of this title was 
        negative, shall apply any suspension of liquidation and security 
        requirement ordered under subsection (c)(1)(B) of this section 
        to unliquidated entries of merchandise entered, or withdrawn 
        from warehouse, for consumption on or after the date which is 90 
        days before the date on which suspension of liquidation is first 
        ordered.

       (5) Method for determining the all-others rate and the 
                          country-wide subsidy rate

        (A) All-others rate

            (i) General rule

                For purposes of this subsection and section 1671b(d) of 
            this title, the all-others rate shall be an amount equal to 
            the weighted average countervailable subsidy rates 
            established for exporters and producers individually 
            investigated, excluding any zero and de minimis 
            countervailable subsidy rates, and any rates determined 
            entirely under section 1677e of this title.
            (ii) Exception

                If the countervailable subsidy rates established for all 
            exporters and producers individually investigated are zero 
            or de minimis rates, or are determined entirely under 
            section 1677e of this title, the administering authority may 
            use any reasonable method to establish an all-others rate 
            for exporters and producers not individually investigated, 
            including averaging the weighted average countervailable 
            subsidy rates determined for the exporters and producers 
            individually investigated.

        (B) Country-wide subsidy rate

            The administering authority may calculate a single country-
        wide subsidy rate, applicable to all exporters and producers, if 
        the administering authority limits its examination pursuant to 
        section 1677f-1(e)(2)(B) of this title. The estimated country-
        wide rate determined under section 1671b(d)(1)(A)(ii) of this 
        title or paragraph (1)(B)(i)(II) of this subsection shall be 
        based on industry-wide data regarding the use of subsidies 
        determined to be countervailable.

(d) Publication of notice of determinations

    Whenever the administering authority or the Commission makes a 
determination under this section, it shall notify the petitioner, other 
parties to the investigation, and the other agency of its determination 
and of the facts and conclusions of law upon which the determination is 
based, and it shall publish notice of its determination in the Federal 
Register.

(e) Correction of ministerial errors

    The administering authority shall establish procedures for the 
correction of ministerial errors in final determinations within a 
reasonable time after the determinations are issued under this section. 
Such procedures shall ensure opportunity for interested parties to 
present their views regarding any such errors. As used in this 
subsection, the term ``ministerial error'' includes errors in addition, 
subtraction, or other arithmetic function, clerical errors resulting 
from inaccurate copying, duplication, or the like, and any other type of 
unintentional error which the administering authority considers 
ministerial.

(June 17, 1930, ch. 497, title VII, Sec. 705, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 159; amended Pub. L. 98-573, 
title VI, Secs. 602(a)(2), 605(a), 606, Oct. 30, 1984, 98 Stat. 3024, 
3028, 3029; Pub. L. 100-418, title I, Secs. 1324(a)(3), 1333(a), Aug. 
23, 1988, 102 Stat. 1200, 1209; Pub. L. 103-465, title II, 
Secs. 212(b)(1)(B), 214(a)(2), 233(a)(5)(N), 263(b), 264(b), (c)(7), 
(8), 270(a)(1)(F), (G), Dec. 8, 1994, 108 Stat. 4848, 4850, 4899, 4912-
4914, 4917; Pub. L. 104-295, Sec. 20(b)(15), Oct. 11, 1996, 110 Stat. 
3527.)


                               Amendments

    1996--Subsec. (c)(1)(B)(i)(II). Pub. L. 104-295 inserted ``section'' 
after ``if''.
    1994--Subsec. (a)(1). Pub. L. 103-465, Secs. 233(a)(5)(N), 
270(a)(1)(F), substituted ``countervailable subsidy'' for ``subsidy'' 
and ``the subject merchandise'' for ``the merchandise''.
    Subsec. (a)(2)(A). Pub. L. 103-465, Secs. 214(a)(2)(A)(i), 
270(a)(1)(G), substituted ``countervailable subsidy'' for ``subsidy'' 
and ``Subsidies Agreement'' for ``Agreement''.
    Subsec. (a)(2)(B). Pub. L. 103-465, Sec. 214(a)(2)(A)(ii), 
substituted ``subject merchandise'' for ``class or kind of merchandise 
involved''.
    Subsec. (a)(3). Pub. L. 103-465, Sec. 263(b), added par. (3).
    Subsec. (b)(1). Pub. L. 103-465, Sec. 212(b)(1)(B), inserted at end 
of concluding provisions ``If the Commission determines that imports of 
the subject merchandise are negligible, the investigation shall be 
terminated.''
    Subsec. (b)(4)(A). Pub. L. 103-465, Sec. 214(a)(2)(B), amended 
subpar. (A) generally, substituting present provisions for provisions 
requiring, in the case of an affirmative critical circumstances 
determination, an additional finding as to whether retroactive 
imposition of a countervailing duty would be necessary to prevent 
recurrence of material injury caused by massive imports of subject 
merchandise over a relatively short period of time.
    Subsec. (c)(1). Pub. L. 103-465, Sec. 264(b)(1), struck out ``and'' 
at end of subpar. (A), added subpar. (B), and redesignated former 
subpar. (B) as (C) and substituted ``the suspension of liquidation under 
paragraph (2) of section 1671b(d) of this title'' for ``under paragraphs 
(1) and (2) of section 1671b(d) of this title the suspension of 
liquidation and the posting of a cash deposit, bond, or other 
security''.
    Subsec. (c)(2). Pub. L. 103-465, Sec. 264(c)(7), in subpar. (A), 
substituted ``1671b(d)(2)'' for ``1671b(d)(1)'' and in subpar. (B), 
substituted ``1671b(d)(1)(B)'' for ``1671b(d)(2)''.
    Subsec. (c)(3)(B). Pub. L. 103-465, Sec. 264(c)(8), substituted 
``1671b(d)(1)(B)'' for ``1671b(d)(2)''.
    Subsec. (c)(5). Pub. L. 103-465, Sec. 264(b)(2), added par. (5).
    1988--Subsec. (b)(4)(A). Pub. L. 100-418, Sec. 1324(a)(3), amended 
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: 
``If the finding of the administering authority under subsection (a)(2) 
of this section is affirmative, then the final determination of the 
Commission shall include findings as to whether--
        ``(i) there is material injury which will be difficult to 
    repair, and
        ``(ii) the material injury was by reason of such massive imports 
    of the subsidized merchandise over a relatively short period.''
    Subsec. (e). Pub. L. 100-418, Sec. 1333(a), added subsec. (e).
    1984--Subsec. (a)(1). Pub. L. 98-573, Sec. 606, inserted provision 
that when an investigation under this part is initiated simultaneously 
with an investigation under part II of this subtitle, which involves 
imports of the same class or kind of merchandise from the same or other 
countries, the administering authority, if requested by the petitioner, 
shall extend the date of the final determination under this paragraph to 
the date of the final determination of the administering authority in 
such investigation initiated under part II of this subtitle.
    Subsec. (a)(2). Pub. L. 98-573, Sec. 605(a)(1), inserted provision 
after subpar. (B) that such findings may be affirmative even though the 
preliminary determination under section 1671b(e)(1) of this title was 
negative.
    Subsec. (b)(1). Pub. L. 98-573, Sec. 602(a)(2), inserted ``, or 
sales (or the likelihood of sales for importation,'' in provision after 
subpar. (B).
    Subsec. (c)(3)(A). Pub. L. 98-573, Sec. 605(a)(3), inserted 
reference to par. (4).
    Subsec. (c)(4). Pub. L. 98-573, Sec. 605(a)(2), added par. (4).


                    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 investigations, reviews, and inquiries initiated and petitions 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 1333(a) of Pub. L. 100-418 effective Aug. 23, 
1988, and amendment by section 1324(a)(3) of Pub. L. 100-418 applicable 
with respect to investigations initiated after Aug. 23, 1988, see 
section 1337(a), (c) of Pub. L. 100-418, set out as a note under section 
1671 of this title.


                    Effective Date of 1984 Amendment

    Amendment by section 602(a)(2) of Pub. L. 98-573 applicable with 
respect to investigations initiated by petition or by the administering 
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, and 
amendment by sections 605(a) and 606 of Pub. L. 98-573 effective Oct. 
30, 1984, see section 626(a), (b)(1) of Pub. L. 98-573, as amended, set 
out as a note under section 1671 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1516a, 1671, 1671a, 1671b, 
1671c, 1671e, 1671f, 1675, 1675a, 1675b, 1676a, 1677, 1677c, 1677f, 
1677f-1, 1677m of this title.
