                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                Part II--Imposition of Antidumping Duties
 
Sec. 1673a. Procedures for initiating an antidumping duty 
        investigation
        

(a) Initiation by administering authority

                           (1) In general

        An antidumping duty investigation shall be initiated whenever 
    the administering authority determines, from information available 
    to it, that a formal investigation is warranted into the question of 
    whether the elements necessary for the imposition of a duty under 
    section 1673 of this title exist.

               (2) Cases involving persistent dumping

        (A) Monitoring

            The administering authority may establish a monitoring 
        program with respect to imports of a class or kind of 
        merchandise from any additional supplier country for a period 
        not to exceed one year if--
                (i) more than one antidumping order is in effect with 
            respect to that class or kind of merchandise;
                (ii) in the judgment of the administering authority 
            there is reason to believe or suspect an extraordinary 
            pattern of persistent injurious dumping from one or more 
            additional supplier countries; and
                (iii) in the judgment of the administering authority 
            this extraordinary pattern is causing a serious commercial 
            problem for the domestic industry.

        (B) Initiation of investigation

            If during the period of monitoring referred to in 
        subparagraph (A), the administering authority determines that 
        there is sufficient information to initiate a formal 
        investigation under this subsection regarding an additional 
        supplier country, the administering authority shall immediately 
        initiate such an investigation.

        (C) Definition

            For purposes of this paragraph, the term ``additional 
        supplier country'' means a country regarding which no 
        antidumping investigation is currently pending, and no 
        antidumping duty order is currently in effect, with respect to 
        imports of the class or kind of merchandise covered by 
        subparagraph (A).

        (D) Expeditious action

            The administering authority and the Commission, to the 
        extent practicable, shall expedite proceedings under this part 
        undertaken as a result of a formal investigation initiated under 
        subparagraph (B).

(b) Initiation by petition

                      (1) Petition requirements

        An antidumping proceeding shall be initiated whenever an 
    interested party described in subparagraph (C), (D), (E), (F), or 
    (G) of section 1677(9) of this title files a petition with the 
    administering authority, on behalf of an industry, which alleges the 
    elements necessary for the imposition of the duty imposed by section 
    1673 of this title, and which is accompanied by information 
    reasonably available to the petitioner supporting those allegations. 
    The petition may be amended at such time, and upon such conditions, 
    as the administering authority and the Commission may permit.

               (2) Simultaneous filing with Commission

        The petitioner shall file a copy of the petition with the 
    Commission on the same day as it is filed with the administering 
    authority.

                (3) Action with respect to petitions

        (A) Notification of governments

            Upon receipt of a petition filed under paragraph (1), the 
        administering authority shall notify the government of any 
        exporting country named in the petition by delivering a public 
        version of the petition to an appropriate representative of such 
        country.

        (B) Acceptance of communications

            The administering authority shall not accept any unsolicited 
        oral or written communication from any person other than an 
        interested party described in section 1677(9)(C), (D), (E), (F), 
        or (G) of this title before the administering authority makes 
        its decision whether to initiate an investigation, except as 
        provided in subsection (c)(4)(D) of this section, and except for 
        inquiries regarding the status of the administering authority's 
        consideration of the petition.

        (C) Nondisclosure of certain information

            The administering authority and the Commission shall not 
        disclose information with regard to any draft petition submitted 
        for review and comment before it is filed under paragraph (1).

(c) Petition determination

                           (1) In general

        (A) Time for initial determination

            Except as provided in subparagraph (B), within 20 days after 
        the date on which a petition is filed under subsection (b) of 
        this section, the administering authority shall--
                (i) after examining, on the basis of sources readily 
            available to the administering authority, the accuracy and 
            adequacy of the evidence provided in the petition, determine 
            whether the petition alleges the elements necessary for the 
            imposition of a duty under section 1673 of this title and 
            contains information reasonably available to the petitioner 
            supporting the allegations, and
                (ii) determine if the petition has been filed by or on 
            behalf of the industry.

        (B) Extension of time

            In any case in which the administering authority is required 
        to poll or otherwise determine support for the petition by the 
        industry under paragraph (4)(D), the administering authority 
        may, in exceptional circumstances, apply subparagraph (A) by 
        substituting ``a maximum of 40 days'' for ``20 days''.

        (C) Time limits where petition involves same merchandise as an 
                order that has been revoked

            If a petition is filed under this section with respect to 
        merchandise that was the subject merchandise of--
                (i) an antidumping duty order or finding that was 
            revoked under section 1675(d) of this title in the 24 months 
            preceding the date the petition is filed, or
                (ii) a suspended investigation that was terminated under 
            section 1675(d) of this title in the 24 months preceding the 
            date the petition is filed,

        the administering authority and the Commission shall, to the 
        maximum extent practicable, expedite any investigation initiated 
        under this section with respect to the petition.

                   (2) Affirmative determinations

        If the determinations under clauses (i) and (ii) of paragraph 
    (1)(A) are affirmative, the administering authority shall initiate 
    an investigation to determine whether the subject merchandise is 
    being, or is likely to be, sold in the United States at less than 
    its fair value.

                     (3) Negative determinations

        If the determination under clause (i) or (ii) of paragraph 
    (1)(A) is negative, the administering authority shall dismiss the 
    petition, terminate the proceeding, and notify the petitioner in 
    writing of the reasons for the determination.

                (4) Determination of industry support

        (A) General rule

            For purposes of this subsection, the administering authority 
        shall determine that the petition has been filed by or on behalf 
        of the industry, if--
                (i) the domestic producers or workers who support the 
            petition account for at least 25 percent of the total 
            production of the domestic like product, and
                (ii) the domestic producers or workers who support the 
            petition account for more than 50 percent of the production 
            of the domestic like product produced by that portion of the 
            industry expressing support for or opposition to the 
            petition.

        (B) Certain positions disregarded

            (i) Producers related to foreign producers

                In determining industry support under subparagraph (A), 
            the administering authority shall disregard the position of 
            domestic producers who oppose the petition, if such 
            producers are related to foreign producers, as defined in 
            section 1677(4)(B)(ii) of this title, unless such domestic 
            producers demonstrate that their interests as domestic 
            producers would be adversely affected by the imposition of 
            an antidumping duty order.
            (ii) Producers who are importers

                The administering authority may disregard the position 
            of domestic producers of a domestic like product who are 
            importers of the subject merchandise.

        (C) Special rule for regional industries

            If the petition alleges the industry is a regional industry, 
        the administering authority shall determine whether the petition 
        has been filed by or on behalf of the industry by applying 
        subparagraph (A) on the basis of production in the region.

        (D) Polling the industry

            If the petition does not establish support of domestic 
        producers or workers accounting for more than 50 percent of the 
        total production of the domestic like product, the administering 
        authority shall--
                (i) poll the industry or rely on other information in 
            order to determine if there is support for the petition as 
            required by subparagraph (A), or
                (ii) if there is a large number of producers in the 
            industry, the administering authority may determine industry 
            support for the petition by using any statistically valid 
            sampling method to poll the industry.

        (E) Comments by interested parties

            Before the administering authority makes a determination 
        with respect to initiating an investigation, any person who 
        would qualify as an interested party under section 1677(9) of 
        this title if an investigation were initiated, may submit 
        comments or information on the issue of industry support. After 
        the administering authority makes a determination with respect 
        to initiating an investigation, the determination regarding 
        industry support shall not be reconsidered.

            (5) ``Domestic producers or workers'' defined

        For purposes of this subsection, the term ``domestic producers 
    or workers'' means those interested parties who are eligible to file 
    a petition under subsection (b)(1) of this section.

(d) Notification to Commission of determination

    The administering authority shall--
        (1) notify the Commission immediately of any determination it 
    makes under subsection (a) or (c) of this section, and
        (2) if the determination is affirmative, make available to the 
    Commission such information as it may have relating to the matter 
    under investigation, 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.

(e) Information regarding critical circumstances

    If, at any time after the initiation of an investigation under this 
part, the administering authority finds a reasonable basis to suspect 
that--
        (1) there is a history of dumping in the United States or 
    elsewhere of the subject merchandise, or
        (2) the person by whom, or for whose account, the merchandise 
    was imported knew, or should have known, that the exporter was 
    selling the subject merchandise at less than its fair value,

the administering authority may request the Commissioner of Customs to 
compile information on an expedited basis regarding entries of the 
subject merchandise. Upon receiving such request, the Commissioner of 
Customs shall collect information regarding the volume and value of 
entries of the subject merchandise and shall transmit such information 
to the administering authority at such times as the administering 
authority shall direct (at least once every 30 days), until a final 
determination is made under section 1673d(a) of this title, the 
investigation is terminated, or the administering authority withdraws 
the request.

(June 17, 1930, ch. 497, title VII, Sec. 732, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 162; amended Pub. L. 98-573, 
title VI, Sec. 609, Oct. 30, 1984, 98 Stat. 3030; Pub. L. 99-514, title 
XVIII, Sec. 1886(a)(2), Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100-418, 
title I, Secs. 1324(b)(1), 1326(d)(1), Aug. 23, 1988, 102 Stat. 1200, 
1204; Pub. L. 103-465, title II, Secs. 211(b), 212(a)(2), 233(a)(5)(P)-
(R), (6)(A)(v)-(vii), (C), Dec. 8, 1994, 108 Stat. 4843, 4845, 4900, 
4901; Pub. L. 104-295, Sec. 20(b)(4), (8), (9), Oct. 11, 1996, 110 Stat. 
3527.)


                               Amendments

    1996--Subsec. (a)(2)(B). Pub. L. 104-295, Sec. 20(b)(9), amended 
directory language of Pub. L. 103-465, Sec. 233(a)(6)(C). See 1994 
Amendment note below.
    Subsec. (c)(5). Pub. L. 104-295, Sec. 20(b)(4), substituted 
``(b)(1)'' for ``(b)(1)(A)''.
    Subsec. (e)(1). Pub. L. 104-295, Sec. 20(b)(8), substituted ``the'' 
for ``the the'' before ``subject merchandise''.
    1994--Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(6)(A)(v), 
substituted ``initiated'' for ``commenced''.
    Subsec. (a)(2)(B). Pub. L. 103-465, Sec. 233(a)(6)(C), as amended by 
Pub. L. 104-295, Sec. 20(b)(9), substituted ``initiate'' for 
``commerce'' in two places.
    Subsec. (a)(2)(D). Pub. L. 103-465, Sec. 233(a)(6)(A)(vi), 
substituted ``initiated'' for ``commenced''.
    Subsec. (b)(1). Pub. L. 103-465, Sec. 233(a)(6)(A)(vii), substituted 
``initiated'' for ``commenced''.
    Subsec. (b)(3). Pub. L. 103-465, Sec. 211(b), added par. (3).
    Subsec. (c). Pub. L. 103-465, Sec. 212(a)(2), amended heading and 
text of subsec. (c) generally. Prior to amendment, 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 elements 
    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 
    publication of notice of the determination in the Federal Register, 
    and
        ``(3) if the determination is negative, dismiss the petition, 
    terminate the proceeding, notify the petitioner in writing of the 
    reasons for the determination, and provide for the publication of 
    notice of the determination in the Federal Register.''
    Subsec. (e). Pub. L. 103-465, Sec. 233(a)(5)(R), in concluding 
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, Sec. 233(a)(5)(P), substituted 
``the subject merchandise'' for ``class or kind of the merchandise which 
is the subject of the investigation''.
    Subsec. (e)(2). Pub. L. 103-465, Sec. 233(a)(5)(Q), substituted 
``subject merchandise'' for ``merchandise which is the subject of the 
investigation''.
    1988--Subsec. (b)(1). Pub. L. 100-418, Sec. 1326(d)(1), substituted 
``(F), or (G)'' for ``or (F)''.
    Subsec. (e). Pub. L. 100-418, Sec. 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).


                    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 1324(b)(1) 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 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 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, see section 
626(b)(1) of Pub. L. 98-573, as amended, 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 [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1516a, 1673b, 1673c, 1677, 
1677b, 1677f, 1677i of this title.
