                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                Part II--Imposition of Antidumping Duties
 
Sec. 1673h. Establishment of product categories for short life 
        cycle merchandise
        

(a) Establishment of product categories

                            (1) Petitions

        (A) In general

            An eligible domestic entity may file a petition with the 
        Commission requesting that a product category be established 
        with respect to short life cycle merchandise at any time after 
        the merchandise becomes the subject of 2 or more affirmative 
        dumping determinations.

        (B) Contents

            A petition filed under subparagraph (A) shall--
                (i) identify the short life cycle merchandise that is 
            the subject of the affirmative dumping determinations,
                (ii) specify the short life cycle merchandise that the 
            petitioner seeks to have included in the same product 
            category as the merchandise that is subject to the 
            affirmative dumping determinations,
                (iii) specify any short life cycle merchandise the 
            petitioner particularly seeks to have excluded from the 
            product category,
                (iv) provide reasons for the inclusions and exclusions 
            specified under clauses (ii) and (iii), and
                (v) identify such merchandise in terms of the 
            designations used in the Harmonized Tariff Schedule of the 
            United States.

            (2) Determinations on sufficiency of petition

        Upon receiving a petition under paragraph (1), the Commission 
    shall--
            (A) request the administering authority to confirm promptly 
        the affirmative determinations on which the petition is based, 
        and
            (B) upon receipt of such confirmation, determine whether the 
        merchandise covered by the confirmed affirmative determinations 
        is short life cycle merchandise and whether the petitioner is an 
        eligible domestic entity.

                        (3) Notice; hearings

        If the determinations under paragraph (2)(B) are affirmative, 
    the Commission shall--
            (A) publish notice in the Federal Register that the petition 
        has been received, and
            (B) provide opportunity for the presentation of views 
        regarding the establishment of the requested product category, 
        including a public hearing if requested by any interested 
        person.

                         (4) Determinations

        (A) In general

            By no later than the date that is 90 days after the date on 
        which a petition is filed under paragraph (1), the Commission 
        shall determine the scope of the product category into which the 
        short life cycle merchandise that is the subject of the 
        affirmative dumping determinations identified in such petition 
        shall be classified for purposes of this section.

        (B) Modifications not requested by petition

            (i) In general

                The Commission may, on its own initiative, make a 
            determination modifying the scope of any product category 
            established under subparagraph (A) at any time.
            (ii) Notice and hearing

                Determinations may be made under clause (i) only after 
            the Commission has--
                    (I) published in the Federal Register notice of the 
                proposed modification, and
                    (II) provided interested parties an opportunity for 
                a hearing, and a period for the submission of written 
                comments, on the classification of merchandise into the 
                product categories to be affected by such determination.

        (C) Basis of determinations

            In making determinations under subparagraph (A) or (B), the 
        Commission shall ensure that each product category consists of 
        similar short life cycle merchandise which is produced by 
        similar processes under similar circumstances and has similar 
        uses.

(b) Definitions

    For purposes of this section--

                    (1) Eligible domestic entity

        The term ``eligible domestic entity'' means a manufacturer or 
    producer in the United States, or a certified union or recognized 
    union or group of workers which is representative of an industry in 
    the United States, that manufactures or produces short life cycle 
    merchandise that is--
            (A) like or directly competitive with other merchandise that 
        is the subject of 2 or more affirmative dumping determinations, 
        or
            (B) is similar enough to such other merchandise as to be 
        considered for inclusion with such merchandise in a product 
        monitoring category established under this section.

                (2) Affirmative dumping determination

        The term ``affirmative dumping determination'' means--
            (A) any affirmative final determination made by the 
        administering authority under section 1673d(a) of this title 
        during the 8-year period preceding the filing of the petition 
        under this section that results in the issuance of an 
        antidumping duty order under section 1673e of this title which 
        requires the deposit of estimated antidumping duties at a rate 
        of not less than 15 percent ad valorem, or
            (B) any affirmative preliminary determination that--
                (i) is made by the administering authority under section 
            1673b(b) of this title during the 8-year period preceding 
            the filing of the petition under this section in the course 
            of an investigation for which no final determination is made 
            under section 1673d of this title by reason of a suspension 
            of the investigation under section 1673c of this title, and
                (ii) includes a determination that the estimated average 
            amount by which the normal value of the merchandise exceeds 
            the export price (or the constructed export price) of the 
            merchandise is not less than 15 percent ad valorem.

          (3) Subject of affirmative dumping determination

        (A) In general

            Short life cycle merchandise of a manufacturer shall be 
        treated as being the subject of an affirmative dumping 
        determination only if the administering authority--
                (i) makes a separate determination of the amount by 
            which the normal value of such merchandise of the 
            manufacturer exceeds the export price (or the constructed 
            export price) of such merchandise of the manufacturer, and
                (ii) specifically identifies the manufacturer by name 
            with such amount in the affirmative dumping determination or 
            in an antidumping duty order issued as a result of the 
            affirmative dumping determination.

        (B) Exclusion

            Short life cycle merchandise of a manufacturer shall not be 
        treated as being the subject of an affirmative dumping 
        determination if--
                (i) such merchandise of the manufacturer is part of a 
            group of merchandise to which the administering authority 
            assigns (in lieu of making separate determinations described 
            in subparagraph (A)(i)(I)) an amount determined to be the 
            amount by which the normal value of the merchandise in such 
            group exceeds the export price (or the constructed export 
            price) of the merchandise in such group, and
                (ii) the merchandise and the manufacturer are not 
            specified by name in the affirmative dumping determination 
            or in any antidumping duty order issued as a result of such 
            affirmative dumping determination.

                  (4) Short life cycle merchandise

        The term ``short life cycle merchandise'' means any product that 
    the Commission determines is likely to become outmoded within 4 
    years, by reason of technological advances, after the product is 
    commercially available. For purposes of this paragraph, the term 
    ``outmoded'' refers to a kind of style that is no longer state-of-
    the-art.

(c) Transitional rules

    (1) For purposes of this section and section 1673b(b)(1)(B) and (C) 
of this title, all affirmative dumping determinations described in 
subsection (b)(2)(A) of this section that were made after December 31, 
1980, and before August 23, 1988, and all affirmative dumping 
determinations described in subsection (b)(2)(B) of this section that 
were made after December 31, 1984, and before August 23, 1988, with 
respect to each category of short life cycle merchandise of the same 
manufacturer shall be treated as one affirmative dumping determination 
with respect to that category for that manufacturer which was made on 
the date on which the latest of such determinations was made.
    (2) No affirmative dumping determination that--
        (A) is described in subsection (b)(2)(A) of this section and was 
    made before January 1, 1981, or
        (B) is described in subsection (b)(2)(B) of this section and was 
    made before January 1, 1985,

may be taken into account under this section or section 1673b(b)(1)(B) 
and (C) of this title.

(June 17, 1930, ch. 497, title VII, Sec. 739, as added Pub. L. 100-418, 
title I, Sec. 1323(a), Aug. 23, 1988, 102 Stat. 1195; amended Pub. L. 
101-382, title I, Sec. 139(a)(2), Aug. 20, 1990, 104 Stat. 653; Pub. L. 
103-465, title II, Sec. 233(a)(1)(D), (2)(A)(v), Dec. 8, 1994, 108 Stat. 
4898.)

                       References in Text

    The Harmonized Tariff Schedule of the United States, referred to in 
subsec. (a)(1)(B)(v), is not set out in the Code. See Publication of 
Harmonized Tariff Schedule note set out under section 1202 of this 
title.


                            Prior Provisions

    A prior section, act June 17, 1930, ch. 497, title VII, Sec. 739, as 
added July 26, 1979, Pub. L. 96-39, title I, Sec. 101, 93 Stat. 174, 
related to duties of customs officers, prior to repeal by Pub. L. 98-
573, title VI, Sec. 610(a), Oct. 30, 1984, 98 Stat. 3031.


                               Amendments

    1994--Subsec. (b)(2)(B)(ii), (3)(A)(i), (B)(i). Pub. L. 103-465 
substituted ``normal value'' for ``foreign market value'' and ``export 
price (or the constructed export price)'' for ``United States price''.
    1990--Subsec. (a)(1)(B)(v). Pub. L. 101-382 substituted ``Harmonized 
Tariff Schedule'' for ``Tariff Schedules''.


                    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.

                  Section Referred to in Other Sections

    This section is referred to in section 1673b of this title.
