                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                Part II--Imposition of Antidumping Duties
 
Sec. 1673c. Termination or suspension of investigation


(a) Termination of investigation upon withdrawal 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 authority or the Commission, after notice to all 
        parties to the investigation, upon withdrawal of the petition by 
        the petitioner or by the administering authority if the 
        investigation was initiated under section 1673a(a) of this 
        title.

        (B) Refiling of petition

            If, within 3 months after the withdrawal of a petition under 
        subparagraph (A), a new petition is filed seeking the imposition 
        of duties on both the subject merchandise of the withdrawn 
        petition and the subject merchandise from another country, the 
        administering 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        compiled in an investigation conducted pursuant to the withdrawn 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 applies only with respect to the 
        first withdrawal 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 accepting an understanding or other kind of agreement to 
        limit the volume of imports into the United States of the 
        subject 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 administering authority shall take into 
        account--
                (i) whether, based upon the relative impact on consumer 
            prices and the availability of supplies of the merchandise, 
            the agreement would have a greater adverse impact on United 
            States consumers than the imposition of antidumping duties;
                (ii) the relative impact on the international economic 
            interests of the United States; and
                (iii) the relative impact on the competitiveness of the 
            domestic industry producing the like merchandise, including 
            any such impact on employment and investment in that 
            industry.

        (C) Prior consultations

            Before making a decision under subparagraph (A) regarding 
        the public interest, the administering authority shall, to the 
        extent practicable, consult with--
                (i) potentially affected consuming industries; and
                (ii) potentially affected producers and workers in the 
            domestic industry producing the like merchandise, including 
            producers and workers not party to the investigation.

             (3) Limitation on termination by Commission

        The Commission may not terminate an investigation under 
    paragraph (1) before a preliminary determination is made by the 
    administering authority under section 1673b(b) of this title.

(b) Agreements to eliminate completely sales at less than fair value or 
        to cease exports of merchandise

    The administering authority may suspend an investigation if the 
exporters of the subject merchandise who account for substantially all 
of the imports of that merchandise agree--
        (1) to cease exports of the merchandise to the United States 
    within 6 months after the date on which the investigation is 
    suspended, or
        (2) to revise their prices to eliminate completely any amount by 
    which the normal value of the merchandise which is the subject of 
    the agreement exceeds the export price (or the constructed export 
    price) of that merchandise.

(c) Agreements eliminating injurious effect

                          (1) General rule

        If the administering authority determines that extraordinary 
    circumstances are present in a case, it may suspend an investigation 
    upon the acceptance of an agreement to revise prices from exporters 
    of the subject merchandise who account for substantially all of the 
    imports of that merchandise into the United States, if the agreement 
    will eliminate completely the injurious effect of exports to the 
    United States of that merchandise and if--
            (A) the suppression or undercutting of price levels of 
        domestic products by imports of that merchandise will be 
        prevented, and
            (B) for each entry of each exporter the amount by which the 
        estimated normal value exceeds the export price (or the 
        constructed export price) will not exceed 15 percent of the 
        weighted average amount by which the estimated normal value 
        exceeded the export price (or the constructed export price) for 
        all less-than-fair-value entries of the exporter examined during 
        the course of the investigation.

             (2) ``Extraordinary circumstances'' defined

        (A) Extraordinary circumstances

            For purposes of this subsection, the term ``extraordinary 
        circumstances'' means circumstances in which--
                (i) suspension of an investigation will be more 
            beneficial to the domestic industry than continuation of the 
            investigation, and
                (ii) the investigation is complex.

        (B) ``Complex'' defined

            For purposes of this paragraph, the term ``complex'' means--
                (i) there are a large number of transactions to be 
            investigated or adjustments to be considered,
                (ii) the issues raised are novel, or
                (iii) the number of firms involved is large.

(d) Additional rules and conditions

    The administering authority may not accept an agreement under 
subsection (b) or (c) of this section unless--
        (1) it is satisfied that suspension of the investigation is in 
    the public interest, and
        (2) effective monitoring of the agreement by the United States 
    is practicable.

Where practicable, the administering authority shall provide to the 
exporters who would have been subject to the agreement the reasons for 
not accepting the agreement and, to the extent possible, an opportunity 
to submit comments thereon.

(e) Suspension of investigation procedure

    Before an investigation may be suspended under subsection (b) or (c) 
of this section the administering authority shall--
        (1) notify the petitioner of, and consult with the petitioner 
    concerning, its intention to suspend the investigation, and notify 
    other parties to the investigation and the Commission not less than 
    30 days before the date on which it suspends the investigation,
        (2) provide a copy of the proposed agreement to the petitioner 
    at the time of the notification, together with an explanation of how 
    the agreement will be carried out and enforced, and of how the 
    agreement will meet the requirements of subsections (b) and (d) or 
    (c) and (d) of this section, and
        (3) permit all interested parties described in section 1677(9) 
    of this title to submit comments and information for the record 
    before the date on which notice of suspension of the investigation 
    is published under subsection (f)(1)(A) of this section.

(f) Effects of suspension of investigation

                           (1) In general

        If the administering authority determines to suspend an 
    investigation upon acceptance of an agreement described in 
    subsection (b) or (c) of this section, then--
            (A) it shall suspend the investigation, publish notice of 
        suspension of the investigation, and issue an affirmative 
        preliminary determination under section 1673b(b) of this title 
        with respect to the subject merchandise, unless it has 
        previously issued such a determination in the same 
        investigation,
            (B) the Commission shall suspend any investigation it is 
        conducting with respect to that merchandise, and
            (C) the suspension of investigation shall take effect on the 
        day on which such notice is published.

                     (2) Liquidation of entries

        (A) Cessation of exports; complete elimination of dumping margin

            If the agreement accepted by the administering authority is 
        an agreement described in subsection (b) of this section, then--
                (i) notwithstanding the affirmative preliminary 
            determination required under paragraph (1)(A), the 
            liquidation of entries of subject merchandise shall not be 
            suspended under section 1673b(d)(2) of this title,
                (ii) if the liquidation of entries of such merchandise 
            was suspended pursuant to a previous affirmative preliminary 
            determination in the same case with respect to such 
            merchandise, that suspension of liquidation shall terminate, 
            and
                (iii) the administering authority shall refund any cash 
            deposit and release any bond or other security deposited 
            under section 1673b(d)(1)(B) of this title.

        (B) Other agreements

            If the agreement accepted by the administering authority is 
        an agreement described in subsection (c) of this section, the 
        liquidation of entries of the subject merchandise shall be 
        suspended under section 1673b(d)(2) of this title, or, if the 
        liquidation of entries of such merchandise was suspended 
        pursuant to a previous affirmative preliminary determination in 
        the same case, that suspension of liquidation shall continue in 
        effect, subject to subsection (h)(3) of this section, but the 
        security required under section 1673b(d)(1)(B) of this title may 
        be adjusted to reflect the effect of the agreement.

                (3) Where investigation is continued

        If, pursuant to subsection (g) of this section, the 
    administering authority and the Commission continue an investigation 
    in which an agreement has been accepted under subsection (b) or (c) 
    of this section, then--
            (A) if the final determination by the administering 
        authority or the Commission under section 1673d of this title is 
        negative, the agreement shall have no force or effect and the 
        investigation shall be terminated, or
            (B) if the final determinations by the administering 
        authority and the Commission under such section are affirmative, 
        the agreement shall remain in force, but the administering 
        authority shall not issue an antidumping duty order in the case 
        so long as--
                (i) the agreement remains in force,
                (ii) the agreement continues to meet the requirements of 
            subsections (b) and (d), or (c) and (d) of this section, and
                (iii) the parties to the agreement carry out their 
            obligations under the agreement in accordance with its 
            terms.

(g) Investigation to be continued upon request

    If the administering authority, within 20 days after the date of 
publication of the notice of suspension of an investigation, receives a 
request for the continuation of the investigation from--
        (1) an exporter or exporters accounting for a significant 
    proportion of exports to the United States of the subject 
    merchandise, or
        (2) an interested party described in subparagraph (C), (D), (E), 
    (F), or (G) of section 1677(9) of this title which is a party to the 
    investigation,

then the administering authority and the Commission shall continue the 
investigation.

(h) Review of suspension

                           (1) In general

        Within 20 days after the suspension of an investigation under 
    subsection (c) of this section, an interested party which is a party 
    to the investigation and which is described in subparagraph (C), 
    (D), (E), (F), or (G) of section 1677(9) of this title may, by 
    petition filed with the Commission and with notice to the 
    administering authority, ask for a review of the suspension.

                    (2) Commission investigation

        Upon receipt of a review petition under paragraph (1), the 
    Commission shall, within 75 days after the date on which the 
    petition is filed with it, determine whether the injurious effect of 
    imports of the subject merchandise is eliminated completely by the 
    agreement. If the Commission's determination under this subsection 
    is negative, the investigation shall be resumed on the date of 
    publication of notice of such determination as if the affirmative 
    preliminary determination under section 1673b(b) of this title had 
    been made on that date.

      (3) Suspension of liquidation to continue during review 
                                   period

        The suspension of liquidation of entries of the subject 
    merchandise shall terminate at the close of the 20-day period 
    beginning on the day after the date on which notice of suspension of 
    the investigation is published in the Federal Register, or, if a 
    review petition is filed under paragraph (1) with respect to the 
    suspension of the investigation, in the case of an affirmative 
    determination by the Commission under paragraph (2), the date on 
    which notice of an affirmative determination by the Commission is 
    published. If the determination of the Commission under paragraph 
    (2) is affirmative, then the administering authority shall--
            (A) terminate the suspension of liquidation under section 
        1673b(d)(2) of this title, and
            (B) release any bond or other security, and refund any cash 
        deposit, required under section 1673b(d)(1)(B) of this title.

(i) Violation of agreement

                           (1) In general

        If the administering authority determines that an agreement 
    accepted under subsection (b) or (c) of this section is being, or 
    has been, violated, or no longer meets the requirements of such 
    subsection (other than the requirement, under subsection (c)(1) of 
    this section, of elimination of injury) and subsection (d) of this 
    section, then, on the date of publication of its determination, it 
    shall--
            (A) suspend liquidation under section 1673b(d)(2) of this 
        title of unliquidated entries of the merchandise made on the 
        later of--
                (i) the date which is 90 days before the date of 
            publication of the notice of suspension of liquidation, or
                (ii) the date on which the merchandise, the sale or 
            export to the United States of which was in violation of the 
            agreement, or under an agreement which no longer meets the 
            requirements of subsections (b) and (d), or (c) and (d) of 
            this section, was first entered, or withdrawn from 
            warehouse, for consumption,

            (B) if the investigation was not completed, resume the 
        investigation as if its affirmative preliminary determination 
        were made on the date of its determination under this paragraph,
            (C) if the investigation was completed under subsection (g) 
        of this section, issue an antidumping duty order under section 
        1673e(a) of this title effective with respect to entries of 
        merchandise liquidation of which was suspended,
            (D) if it considers the violation to be intentional, notify 
        the Commissioner of Customs who shall take appropriate action 
        under paragraph (2), and
            (E) notify the petitioner, interested parties who are or 
        were parties to the investigation, and the Commission of its 
        action under this paragraph.

      (2) Intentional violation to be punished by civil penalty

        Any person who intentionally violates an agreement accepted by 
    the administering authority under subsection (b) or (c) of this 
    section shall be subject to a civil penalty assessed in the same 
    amount, in the same manner, and under the same procedures, as the 
    penalty imposed for a fraudulent violation of section 1592(a) of 
    this title.

(j) Determination not to take agreement into account

    In making a final determination under section 1673d of this title, 
or in conducting a review under section 1675 of this title, in a case in 
which the administering authority has terminated a suspension of 
investigation under subsection (i)(1) of this section, or continued an 
investigation under subsection (g) of this section, the Commission and 
the administering authority shall consider all of the subject 
merchandise without regard to the effect of any agreement under 
subsection (b) or (c) of this section.

(k) Termination of investigation initiated by administering authority

    The administering authority may terminate any investigation 
initiated by the administering authority under section 1673a(a) of this 
title after providing notice of such termination to all parties to the 
investigation.

(l) Special rule for nonmarket economy countries

                           (1) In general

        The administering authority may suspend an investigation under 
    this part upon acceptance of an agreement with a nonmarket economy 
    country to restrict the volume of imports into the United States of 
    the merchandise under investigation only if the administering 
    authority determines that--
            (A) such agreement satisfies the requirements of subsection 
        (d) of this section, and
            (B) will prevent the suppression or undercutting of price 
        levels of domestic products by imports of the merchandise under 
        investigation.

                      (2) Failure of agreements

        If the administering authority determines that an agreement 
    accepted under this subsection no longer prevents the suppression or 
    undercutting of domestic prices of merchandise manufactured in the 
    United States, the provisions of subsection (i) of this section 
    shall apply.

(m) Special rule for regional industry investigations

                      (1) Suspension agreements

        If the Commission makes a regional industry determination under 
    section 1677(4)(C) of this title, the administering authority shall 
    offer exporters of the subject merchandise who account for 
    substantially all exports of that merchandise for sale in the region 
    concerned the opportunity to enter into an agreement described in 
    subsection (b), (c), or (l) of this section.

             (2) Requirements for suspension agreements

        Any agreement described in paragraph (1) shall be subject to all 
    the requirements imposed under this section for other agreements 
    under subsection (b), (c), or (l) of this section, except that if 
    the Commission makes a regional industry determination described in 
    paragraph (1) in the final affirmative determination under section 
    1673d(b) of this title but not in the preliminary affirmative 
    determination under section 1673b(a) of this title, any agreement 
    described in paragraph (1) may be accepted within 60 days after the 
    antidumping order is published under section 1673e of this title.

    (3) Effect of suspension agreement on antidumping duty order

        If an agreement described in paragraph (1) is accepted after the 
    antidumping duty order is published, the administering authority 
    shall rescind the order, refund any cash deposit and release any 
    bond or other security deposited under section 1673b(d)(1)(B) of 
    this title, and instruct the Customs Service that entries of the 
    subject merchandise that were made during the period that the order 
    was in effect shall be liquidated without regard to antidumping 
    duties.

(June 17, 1930, ch. 497, title VII, Sec. 734, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 165; amended Pub. L. 98-573, 
title VI, Secs. 604(b), 612(b)(2), Oct. 30, 1984, 98 Stat. 3026, 3034; 
Pub. L. 100-418, title I, Secs. 1316(c), 1326(d)(2), Aug. 23, 1988, 102 
Stat. 1187, 1204; Pub. L. 103-465, title II, Secs. 216(b), 217(b), 
218(a)(2), 219(c)(2)-(5), 233(a)(1)(B), (2)(A)(ii), (5)(S)-(U), Dec. 8, 
1994, 108 Stat. 4853, 4854, 4857, 4898, 4900.)


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-465, Sec. 217(b), designated 
existing provisions as subpar. (A), inserted heading and realigned 
margin, and added subpar. (B).
    Subsec. (a)(2)(A). Pub. L. 103-465, Sec. 233(a)(5)(S), substituted 
``subject merchandise'' for ``merchandise that is subject to the 
investigation''.
    Subsec. (b). Pub. L. 103-465, Sec. 233(a)(5)(T), substituted 
``subject merchandise'' for ``merchandise which is the subject of the 
investigation'' in introductory provisions.
    Subsec. (b)(2). Pub. L. 103-465, Sec. 233(a)(1)(B), (2)(A)(ii), 
substituted ``normal value'' for ``foreign market value'' and ``export 
price (or the constructed export price)'' for ``United States price''.
    Subsec. (c)(1). Pub. L. 103-465, Sec. 233(a)(5)(T), substituted 
``subject merchandise'' for ``merchandise which is the subject of the 
investigation'' in introductory provisions.
    Subsec. (c)(1)(B). Pub. L. 103-465, Sec. 233(a)(1)(B), (2)(A)(ii), 
substituted ``normal value'' for ``foreign market value'' in two places 
and ``export price (or the constructed export price)'' for ``United 
States price'' in two places.
    Subsec. (d). Pub. L. 103-465, Sec. 216(b), inserted concluding 
provisions.
    Subsec. (f)(1)(A). Pub. L. 103-465, Sec. 233(a)(5)(T), substituted 
``subject merchandise'' for ``merchandise which is the subject of the 
investigation''.
    Subsec. (f)(2)(A)(i). Pub. L. 103-465, Secs. 219(c)(2)(A), 
233(a)(5)(T), substituted ``subject merchandise'' for ``merchandise 
which is the subject of the investigation'' and ``1673b(d)(2)'' for 
``1673b(d)(1)''.
    Subsec. (f)(2)(A)(iii). Pub. L. 103-465, Sec. 219(c)(2)(B), 
substituted ``1673b(d)(1)(B)'' for ``1673b(d)(2)''.
    Subsec. (f)(2)(B). Pub. L. 103-465, Secs. 219(c)(3), 233(a)(5)(U), 
substituted ``subject merchandise'' for ``merchandise subject to the 
investigation'', ``1673b(d)(2)'' for ``1673b(d)(1)'', and 
``1673b(d)(1)(B)'' for ``1673b(d)(2)''.
    Subsecs. (g)(1), (h)(2). Pub. L. 103-465, Sec. 233(a)(5)(T), 
substituted ``subject merchandise'' for ``merchandise which is the 
subject of the investigation''.
    Subsec. (h)(3). Pub. L. 103-465, Secs. 219(c)(4), 233(a)(5)(T), in 
introductory provisions, substituted ``subject merchandise'' for 
``merchandise which is the subject of the investigation'', in subpar. 
(A), substituted ``1673b(d)(2)'' for ``1673b(d)(1)'', and in subpar. 
(B), substituted ``1673b(d)(1)(B)'' for ``1673b(d)(2)''.
    Subsec. (i)(1)(A). Pub. L. 103-465, Sec. 219(c)(5), substituted 
``1673b(d)(2)'' for ``1673b(d)(1)'' in introductory provisions.
    Subsec. (j). Pub. L. 103-465, Sec. 233(a)(5)(T), substituted 
``subject merchandise'' for ``merchandise which is the subject of the 
investigation''.
    Subsec. (m). Pub. L. 103-465, Sec. 218(a)(2), added subsec. (m).
    1988--Subsecs. (g)(2), (h)(1). Pub. L. 100-418, Sec. 1326(d)(2), 
substituted ``(F), or (G)'' for ``and (F)''.
    Subsec. (l). Pub. L. 100-418, Sec. 1316(c), added subsec. (l).
    1984--Subsec. (a). Pub. L. 98-573, Sec. 604(b)(1), amended subsec. 
(a) generally, which prior to amendment read as follows: ``An 
investigation under this part may be terminated by either the 
administering authority or the Commission after notice to all parties to 
the investigation, upon withdrawal of the petition by the petitioner. 
The Commission may not terminate an investigation under the preceding 
sentence before a preliminary determination is made by the administering 
authority under section 1673b(b) of this title.''
    Subsec. (d). Pub. L. 98-573, Sec. 604(b)(2), struck out designation 
``(1)'' preceding first sentence, substituted ``may not accept'' for 
``shall not accept'', redesignated former subpars. (A) and (B) as pars. 
(1) and (2), respectively, and struck out former par. (2), which had 
provided that exports of merchandise to the United States were not to 
increase during the interim period.
    Subsec. (e)(3). Pub. L. 98-573, Sec. 604(b)(3), substituted ``all 
interested parties described in section 1677(9) of this title'' for 
``all parties to the investigation''.
    Subsecs. (g)(2), (h)(1). Pub. L. 98-573, Sec. 612(b)(2), substituted 
reference to subpar. ``(C), (D), (E), and (F)'' for ``(C), (D), or (E)'' 
of section 1677(9) of this title.
    Subsec. (i)(1)(D), (E). Pub. L. 98-573, Sec. 604(b)(4), added 
subpar. (D) and redesignated former subpar. (D) as (E).
    Subsec. (k). Pub. L. 98-573, Sec. 604(b)(5), added subsec. (k).


                    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 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) of Pub. L. 100-418, set out as a note under section 1671 
of this title.


                    Effective Date of 1984 Amendment

    Amendment by section 604(b) of Pub. L. 98-573 effective Oct. 30, 
1984, and amendment by section 612(b)(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, 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, 1673h, 1675, 1675a, 
1677, 1677i, 1677m of this title; title 28 section 1582.
