                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                Part II--Imposition of Antidumping Duties
 
Sec. 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, 
    within the time specified in paragraph (2), shall determine, 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 merchandise and that imports of 
    the subject merchandise 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 
    investigation shall be terminated.

                (2) Time for Commission determination

        The Commission shall make the determination 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 pursuant to section 
            1673a(c)(1)(B) of this title, within 25 days after the date 
            on which the Commission receives notice from the 
            administering authority of initiation of the investigation, 
            and

            (B) in the case of an investigation initiated under section 
        1673a(a) of this title, within 45 days after the date on which 
        the Commission receives notice from the administering 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 
        investigation under section 1673a(c) of this title, or an 
        investigation is initiated under section 1673a(a) of this title, 
        but not before an affirmative determination by the Commission 
        under subsection (a) of this section, the administering 
        authority shall make a determination, based upon the information 
        available 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.

        (B) If certain short life cycle merchandise involved

            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 offenders account for a 
            significant proportion of the merchandise under 
            investigation, and
                (ii) by substituting ``80 days'' for ``140 days'' if 
            manufacturers that are multiple offenders account for a 
            significant proportion of the merchandise under 
            investigation.

        (C) Definitions of offenders

            For purposes of subparagraph (B)--
                (i) The term ``second offender'' means a manufacturer 
            that is specified in 2 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 both such determinations, 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 determinations, 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 investigation, 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 investigation, and, if there appears 
    to be sufficient information available upon which the preliminary 
    determination can reasonably be based, to disclose to the petitioner 
    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 pursuant to section 
    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 administering authority 
    an irrevocable written waiver of verification of the information 
    received by the authority, and an agreement that it is willing to 
    have a preliminary determination made on the basis of the record 
    then available to the authority. If a timely waiver and agreement 
    have been received 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 determination can reasonably be 
    based, a preliminary determination shall be made within 90 days 
    after the initiation of the investigation on the basis of the record 
    established during the first 60 days after the investigation was 
    initiated.

                    (3) De minimis dumping margin

        In making a determination under this subsection, the 
    administering authority shall disregard any weighted average dumping 
    margin that is de minimis. For purposes of the preceding sentence, a 
    weighted average dumping margin is de minimis if the administering 
    authority determines that it is less than 2 percent ad valorem or 
    the equivalent specific rate for the subject merchandise.

(c) Extension of period in extraordinarily complicated 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 
        subsection (b)(1) of this section, or
            (B) the administering authority concludes that the parties 
        concerned are cooperating and determines that--
                (i) the case is extraordinarily complicated by reason 
            of--
                    (I) the number and complexity of the transactions to 
                be investigated or adjustments to be considered,
                    (II) the novelty of the issues presented, or
                    (III) the number of firms whose activities must be 
                investigated, and

                (ii) additional time is necessary to make the 
            preliminary determination,

    then the administering authority may postpone making the preliminary 
    determination under subsection (b)(1) of this section until not 
    later than the 190th day after the date on which the administering 
    authority initiates an investigation under section 1673a(c) of this 
    title, or an investigation 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) of this section applies unless 
    the petitioner submits written notice to the administering authority 
    of its consent 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) of this section, if it intends to postpone making 
    the preliminary determination under paragraph (1). The notification 
    shall include 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 administering authority 
under subsection (b) of this section is affirmative, the administering 
authority--
        (1)(A) shall--
            (i) determine an estimated weighted average 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-others 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 determination which are entered, or 
    withdrawn from warehouse, for consumption on or after the later of--
            (A) the date on which notice of the determination is 
        published in the Federal Register, or
            (B) the date that is 60 days after the date on which notice 
        of the determination to initiate the investigation is published 
        in the Federal Register, and

        (3) shall make available to the Commission all information upon 
    which such determination was based and which the Commission 
    considers relevant to its injury 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.

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 authority, then 
    the administering authority shall promptly (at any time after the 
    initiation of the investigation under this part) determine, on the 
    basis of the information available to it at that time, whether there 
    is a reasonable 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 subject merchandise, 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 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) of this section 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) of this section shall apply, or, if 
    notice of such suspension of liquidation is already published, be 
    amended to apply, to unliquidated 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 determination to 
        initiate the investigation is published in the Federal Register.

(f) Notice of determination

    Whenever the Commission or the administering authority makes a 
determination under this section, the Commission or the administering 
authority, as the case may be, shall notify the petitioner, and other 
parties to the investigation, and the Commission or the administering 
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) of this section, the Commission shall transmit 
to the administering authority the facts and conclusions on which its 
determination is based.

(June 17, 1930, ch. 497, title VII, Sec. 733, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 163; amended Pub. L. 99-514, 
title XVIII, Sec. 1886(a)(2), Oct. 22, 1986, 100 Stat. 2921; Pub. L. 
100-418, title I, Secs. 1323(b), 1324(b)(2), 1326(d)(1), Aug. 23, 1988, 
102 Stat. 1198, 1201, 1204; Pub. L. 103-465, title II, 
Secs. 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.)


                               Amendments

    1994--Subsec. (a). Pub. L. 103-465, Sec. 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 authority 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 indication 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 authority. If that determination is 
negative, the investigation shall be terminated.''
    Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 219(a)(2), struck out at 
end ``If the determination of the administering 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.''
    Pub. L. 103-465, Secs. 212(b)(2)(C)(i), 233(a)(6)(A)(viii), 
substituted ``140 days after the date on which the administering 
authority initiates an investigation under section 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 
``information'' for ``best information''.
    Subsec. (b)(1)(B). Pub. L. 103-465, Secs. 212(b)(2)(C)(ii), 
233(a)(6)(A)(viii), in introductory provisions, substituted 
``initiated'' for ``commenced'', in cl. (i), substituted ``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, Sec. 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, Sec. 213(a), added par. (3).
    Subsec. (c)(1). Pub. L. 103-465, Secs. 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, Sec. 215(b)(1)(B), inserted concluding 
provisions.
    Subsec. (d)(1). Pub. L. 103-465, Sec. 219(a)(1)(D), added par. (1). 
Former par. (1) redesignated (2).
    Pub. L. 103-465, Sec. 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 determination in the Federal Register,''.
    Subsec. (d)(2). Pub. L. 103-465, Sec. 219(a)(1)(A)-(C), redesignated 
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 
merchandise 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, Sec. 214(b)(1), in introductory 
provisions, substituted ``information'' for ``best information'' and 
amended subpars. (A) and (B) generally. Prior to amendment, subpars. (A) 
and (B) read as follows:
    ``(A)(i) there is a history of dumping in the United States or 
elsewhere of the class or kind of the merchandise 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 investigation over a relatively 
short period.''
    Subsec. (e)(2). Pub. L. 103-465, Secs. 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 consumption 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, Sec. 212(b)(2)(E), amended heading and 
text of subsec. (f) generally. Prior to amendment, text read as follows: 
``Whenever the Commission or the administering authority 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.''
    1988--Subsec. (b)(1). Pub. L. 100-418, Sec. 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 determination by 
the Commission under subsection (a) of this section, the administering 
authority shall make a determination, based upon the best information 
available 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 administering 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, Sec. 1326(d)(1), substituted ``(F), 
or (G)'' for ``or (F)'' in two places.
    Subsec. (c)(1). Pub. L. 100-418, Sec. 1323(b)(2), inserted sentence 
at end relating to notice for extensions under subsec. (b)(1)(B).
    Subsec. (e)(1). Pub. L. 100-418, Sec. 1324(b)(2), inserted ``(at any 
time after the initiation of the investigation under this part)'' after 
``promptly'' in introductory provisions.
    Pub. L. 100-418, Sec. 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.


                    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 1323(b) of Pub. L. 100-418 effective 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 reviews 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 [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, 1673c, 1673d, 1673e, 
1673f, 1673h, 1677, 1677f, 1677f-1, 1677i, 1677m of this title.
