                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                Part II--Imposition of Antidumping Duties
 
Sec. 1673d. Final determinations


(a) Final determination by administering authority

                          (1) General rule

        Within 75 days after the date of its preliminary determination 
    under section 1673b(b) of this title, the administering authority 
    shall make a final determination of whether the subject merchandise 
    is being, or is likely to be, sold in the United States at less than 
    its fair value.

              (2) Extension of period for determination

        The administering authority may postpone making the final 
    determination under paragraph (1) until not later than the 135th day 
    after the date on which it published notice of its preliminary 
    determination under section 1673b(b) of this title if a request in 
    writing for such a postponement is made by--
            (A) exporters who account for a significant proportion of 
        exports of the merchandise which is the subject of the 
        investigation, in a proceeding in which the preliminary 
        determination by the administering authority under section 
        1673b(b) of this title was affirmative, or
            (B) the petitioner, in a proceeding in which the preliminary 
        determination by the administering authority under section 
        1673b(b) of this title was negative.

              (3) 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 1673b(e) of this title, shall also contain a finding of 
    whether--
            (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 would be material injury by reason of 
        such sales, 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 1673b(e)(1) of this title was negative.

                    (4) 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 as defined in section 1673b(b)(3) 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)(1) 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 1673b(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 1673b(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 1673b(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)(3) 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)(3) of this 
        section are likely to undermine seriously the remedial effect of 
        the antidumping duty order to be issued under section 1673e 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) a rapid increase in inventories of the imports, and
                (III) any other circumstances indicating that the 
            remedial effect of the antidumping 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 the 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 the 
    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 as to which 
        confidential treatment has been given by the administering 
        authority,
            (B)(i) the administering authority shall--
                (I) determine the estimated weighted average dumping 
            margin for each exporter and producer individually 
            investigated, and
                (II) determine, in accordance with paragraph (5), the 
            estimated all-others rate for all exporters and producers 
            not individually investigated, and

            (ii) the administering authority 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, and
            (C) in cases where the preliminary determination by the 
        administering authority under section 1673b(b) of this title was 
        negative, the administering authority shall order the suspension 
        of liquidation under section 1673b(d)(2) 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 an 
    antidumping duty order under section 1673e(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 
        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.

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

        If the determination of the administering authority or the 
    Commission under subsection (a)(3) or (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 1673b(e)(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 
        with respect to entries of the merchandise the liquidation of 
        which was suspended retroactively under section 1673b(e)(2) of 
        this title.

      (4) Effect of affirmative determination under subsection 
                           (a)(3) of this section

        If the determination of the administering authority under 
    subsection (a)(3) of this section is affirmative, then the 
    administering authority shall--
            (A) in cases where the preliminary determinations by the 
        administering authority under sections 1673b(b) and 1673b(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 
        1673b(e)(2) of this title;
            (B) in cases where the preliminary determination by the 
        administering authority under section 1673b(b) of this title was 
        affirmative, but the preliminary determination under section 
        1673b(e)(1) of this title was negative, shall modify any 
        suspension of liquidation and security requirement previously 
        ordered under section 1673b(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 1673b(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 estimated all-others rate

        (A) General rule

            For purposes of this subsection and section 1673b(d) of this 
        title, the estimated all-others rate shall be an amount equal to 
        the weighted average of the estimated weighted average dumping 
        margins established for exporters and producers individually 
        investigated, excluding any zero and de minimis margins, and any 
        margins determined entirely under section 1677e of this title.

        (B) Exception

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

(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. 735, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 169; amended Pub. L. 98-573, 
title VI, Secs. 602(c), 605(b), Oct. 30, 1984, 98 Stat. 3024, 3028; Pub. 
L. 100-418, title I, Secs. 1324(b)(3), 1333(a), Aug. 23, 1988, 102 Stat. 
1201, 1209; Pub. L. 103-465, title II, Secs. 212(b)(2)(B), 213(b), 
214(b)(2), 219(b), (c)(6)-(8), 233(a)(5)(V), Dec. 8, 1994, 108 Stat. 
4849-4851, 4856, 4857, 4900; Pub. L. 104-295, Sec. 20(b)(6), Oct. 11, 
1996, 110 Stat. 3527.)


                               Amendments

    1996--Subsec. (a)(3)(A)(i). Pub. L. 104-295 amended Pub. L. 103-465, 
Sec. 214(b)(2)(A)(i). See 1994 Amendment note below.
    1994--Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(5)(V), 
substituted ``subject merchandise'' for ``merchandise which was the 
subject of the investigation''.
    Subsec. (a)(3)(A)(i). Pub. L. 103-465, Sec. 214(b)(2)(A)(i), as 
amended by Pub. L. 104-295, inserted ``and material injury by reason of 
dumped imports'' after ``history of dumping'' and substituted ``subject 
merchandise'' for ``class or kind of merchandise which is the subject of 
the investigation''.
    Subsec. (a)(3)(A)(ii). Pub. L. 103-465, Sec. 214(b)(2)(A)(ii), 
substituted ``subject merchandise at less than its fair value and that 
there would be material injury by reason of such sales'' for 
``merchandise which is the subject of the investigation at less than its 
fair value''.
    Subsec. (a)(3)(B). Pub. L. 103-465, Sec. 214(b)(2)(A)(iii), 
substituted ``subject merchandise'' for ``merchandise which is the 
subject of the investigation''.
    Subsec. (a)(4). Pub. L. 103-465, Sec. 213(b), added par. (4).
    Subsec. (b)(1). Pub. L. 103-465, Sec. 212(b)(2)(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(b)(2)(B), amended 
subpar. (A) generally, substituting present provisions for provisions 
requiring, in the case of an affirmative critical circumstances 
determination, a further finding as to whether retroactive imposition of 
antidumping duties on the subject merchandise would be necessary to 
prevent recurrence of material injury caused by massive imports of the 
merchandise over a relatively short period of time.
    Subsec. (c)(1). Pub. L. 103-465, Sec. 219(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 
section 1673b(d)(2) of this title'' for ``under paragraphs (1) and (2) 
of section 1673b(d) of this title the suspension of liquidation and the 
posting of a cash deposit, bond, or other security''.
    Subsec. (c)(2)(A). Pub. L. 103-465, Sec. 219(c)(6), substituted 
``1673b(d)(2)'' for ``1671b(d)(1)''.
    Subsec. (c)(2)(B). Pub. L. 103-465, Sec. 219(c)(7), substituted 
``1673b(d)(1)(B)'' for ``1673b(d)(2)''.
    Subsec. (c)(3)(B). Pub. L. 103-465, Sec. 219(c)(8), substituted 
``1673b(d)(1)(B)'' for ``1673b(d)(2)''.
    Subsec. (c)(5). Pub. L. 103-465, Sec. 219(b)(2), added par. (5).
    1988--Subsec. (b)(4)(A). Pub. L. 100-418, Sec. 1324(b)(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 a finding as to whether the material injury is 
by reason of massive imports described in subsection (a)(3) of this 
section to an extent that, in order to prevent such material injury from 
recurring, it is necessary to impose the duty imposed by section 1673 of 
this title retroactively on those imports.''
    Subsec. (e). Pub. L. 100-418, Sec. 1333(a), added subsec. (e).
    1984--Subsec. (a)(3). Pub. L. 98-573, Sec. 605(b)(1), inserted 
provision that such findings may be affirmative even though the 
preliminary determination under section 1673b(e)(1) of this title was 
negative.
    Subsec. (b)(1). Pub. L. 98-573, Sec. 602(c), inserted ``, or sales 
(or the likelihood of sales) for importation,'' in provisions after 
subpar. (B).
    Subsec. (c)(3)(A). Pub. L. 98-573, Sec. 605(b)(3), inserted 
reference to par. (4).
    Subsec. (c)(4). Pub. L. 98-573, Sec. 605(b)(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(b)(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(c) 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 section 605(b) 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, 1673, 1673a, 1673b, 
1673c, 1673e, 1673f, 1673h, 1675, 1675a, 1677, 1677c, 1677f, 1677f-1, 
1677m, 1677n of this title.
