                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
          Part III--Reviews; Other Actions Regarding Agreements
 
     subpart a--review of amount of duty and agreements other than 
                   quantitative restriction agreements
 
Sec. 1675a. Special rules for section 1675(b) and 1675(c) 
        reviews
        

(a) Determination of likelihood of continuation or recurrence of 
        material injury

                           (1) In general

        In a review conducted under section 1675(b) or (c) of this 
    title, the Commission shall determine whether revocation of an 
    order, or termination of a suspended investigation, would be likely 
    to lead to continuation or recurrence of material injury within a 
    reasonably foreseeable time. The Commission shall consider the 
    likely volume, price effect, and impact of imports of the subject 
    merchandise on the industry if the order is revoked or the suspended 
    investigation is terminated. The Commission shall take into 
    account--
            (A) its prior injury determinations, including the volume, 
        price effect, and impact of imports of the subject merchandise 
        on the industry before the order was issued or the suspension 
        agreement was accepted,
            (B) whether any improvement in the state of the industry is 
        related to the order or the suspension agreement,
            (C) whether the industry is vulnerable to material injury if 
        the order is revoked or the suspension agreement is terminated, 
        and
            (D) in an antidumping proceeding under section 1675(c) of 
        this title, the findings of the administering authority 
        regarding duty absorption under section 1675(a)(4) of this 
        title.

                             (2) Volume

        In evaluating the likely volume of imports of the subject 
    merchandise if the order is revoked or the suspended investigation 
    is terminated, the Commission shall consider whether the likely 
    volume of imports of the subject merchandise would be significant if 
    the order is revoked or the suspended investigation is terminated, 
    either in absolute terms or relative to production or consumption in 
    the United States. In so doing, the Commission shall consider all 
    relevant economic factors, including--
            (A) any likely increase in production capacity or existing 
        unused production capacity in the exporting country,
            (B) existing inventories of the subject merchandise, or 
        likely increases in inventories,
            (C) the existence of barriers to the importation of such 
        merchandise into countries other than the United States, and
            (D) the potential for product-shifting if production 
        facilities in the foreign country, which can be used to produce 
        the subject merchandise, are currently being used to produce 
        other products.

                              (3) Price

        In evaluating the likely price effects of imports of the subject 
    merchandise if the order is revoked or the suspended investigation 
    is terminated, the Commission shall consider whether--
            (A) there is likely to be significant price underselling by 
        imports of the subject merchandise as compared to domestic like 
        products, and
            (B) imports of the subject merchandise are likely to enter 
        the United States at prices that otherwise would have a 
        significant depressing or suppressing effect on the price of 
        domestic like products.

                     (4) Impact on the industry

        In evaluating the likely impact of imports of the subject 
    merchandise on the industry if the order is revoked or the suspended 
    investigation is terminated, the Commission shall consider all 
    relevant economic factors which are likely to have a bearing on the 
    state of the industry in the United States, including, but not 
    limited to--
            (A) likely declines in output, sales, market share, profits, 
        productivity, return on investments, and utilization of 
        capacity,
            (B) likely negative effects on cash flow, inventories, 
        employment, wages, growth, ability to raise capital, and 
        investment, and
            (C) likely negative effects on the existing development and 
        production efforts of the industry, including efforts to develop 
        a derivative or more advanced version of the domestic like 
        product.

    The Commission shall evaluate all relevant economic factors 
    described in this paragraph within the context of the business cycle 
    and the conditions of competition that are distinctive to the 
    affected industry.

                     (5) Basis for determination

        The presence or absence of any factor which the Commission is 
    required to consider under this subsection shall not necessarily 
    give decisive guidance with respect to the Commission's 
    determination of whether material injury is likely to continue or 
    recur within a reasonably foreseeable time if the order is revoked 
    or the suspended investigation is terminated. In making that 
    determination, the Commission shall consider that the effects of 
    revocation or termination may not be imminent, but may manifest 
    themselves only over a longer period of time.

     (6) Magnitude of margin of dumping and net countervailable 
                 subsidy; nature of countervailable subsidy

        In making a determination under section 1675(b) or (c) of this 
    title, the Commission may consider the magnitude of the margin of 
    dumping or the magnitude of the net countervailable subsidy. If a 
    countervailable subsidy is involved the Commission shall consider 
    information regarding the nature of the countervailable subsidy and 
    whether the subsidy is a subsidy described in Article 3 or 6.1 of 
    the Subsidies Agreement.

                           (7) Cumulation

        For purposes of this subsection, the Commission may cumulatively 
    assess the volume and effect of imports of the subject merchandise 
    from all countries with respect to which reviews under section 
    1675(b) or (c) of this title were initiated on the same day, if such 
    imports would be likely to compete with each other and with domestic 
    like products in the United States market. The Commission shall not 
    cumulatively assess the volume and effects of imports of the subject 
    merchandise in a case in which it determines that such imports are 
    likely to have no discernible adverse impact on the domestic 
    industry.

              (8) Special rule for regional industries

        In a review under section 1675(b) or (c) of this title involving 
    a regional industry, the Commission may base its determination on 
    the regional industry defined in the original investigation under 
    this subtitle, another region that satisfies the criteria 
    established in section 1677(4)(C) of this title, or the United 
    States as a whole. In determining if a regional industry analysis is 
    appropriate for the determination in the review, the Commission 
    shall consider whether the criteria established in section 
    1677(4)(C) of this title are likely to be satisfied if the order is 
    revoked or the suspended investigation is terminated.

(b) Determination of likelihood of continuation or recurrence of a 
        countervailable subsidy

                           (1) In general

        In a review conducted under section 1675(c) of this title, the 
    administering authority shall determine whether revocation of a 
    countervailing duty order or termination of a suspended 
    investigation under section 1671c of this title would be likely to 
    lead to continuation or recurrence of a countervailable subsidy. The 
    administering authority shall consider--
            (A) the net countervailable subsidy determined in the 
        investigation and subsequent reviews, and
            (B) whether any change in the program which gave rise to the 
        net countervailable subsidy described in subparagraph (A) has 
        occurred that is likely to affect that net countervailable 
        subsidy.

                 (2) Consideration of other factors

        If good cause is shown, the administering authority shall also 
    consider--
            (A) programs determined to provide countervailable subsidies 
        in other investigations or reviews under this subtitle, but only 
        to the extent that such programs--
                (i) can potentially be used by the exporters or 
            producers subject to the review under section 1675(c) of 
            this title, and
                (ii) did not exist at the time that the countervailing 
            duty order was issued or the suspension agreement was 
            accepted, and

            (B) programs newly alleged to provide countervailable 
        subsidies but only to the extent that the administering 
        authority makes an affirmative countervailing duty determination 
        with respect to such programs and with respect to the exporters 
        or producers subject to the review.

                   (3) Net countervailable subsidy

        The administering authority shall provide to the Commission the 
    net countervailable subsidy that is likely to prevail if the order 
    is revoked or the suspended investigation is terminated. The 
    administering authority shall normally choose a net countervailable 
    subsidy that was determined under section 1671d of this title or 
    subsection (a) or (b)(1) of section 1675 of this title.

                          (4) Special rule

        (A) Treatment of zero and de minimis rates

            A net countervailable subsidy described in paragraph (1)(A) 
        that is zero or de minimis shall not by itself require the 
        administering authority to determine that revocation of a 
        countervailing duty order or termination of a suspended 
        investigation would not be likely to lead to continuation or 
        recurrence of a countervailable subsidy.

        (B) Application of de minimis standards

            For purposes of this paragraph, the administering authority 
        shall apply the de minimis standards applicable to reviews 
        conducted under subsections (a) and (b)(1) of section 1675 of 
        this title.

(c) Determination of likelihood of continuation or recurrence of dumping

                           (1) In general

        In a review conducted under section 1675(c) of this title, the 
    administering authority shall determine whether revocation of an 
    antidumping duty order or termination of a suspended investigation 
    under section 1673c of this title would be likely to lead to 
    continuation or recurrence of sales of the subject merchandise at 
    less than fair value. The administering authority shall consider--
            (A) the weighted average dumping margins determined in the 
        investigation and subsequent reviews, and
            (B) the volume of imports of the subject merchandise for the 
        period before and the period after the issuance of the 
        antidumping duty order or acceptance of the suspension 
        agreement.

                 (2) Consideration of other factors

        If good cause is shown, the administering authority shall also 
    consider such other price, cost, market, or economic factors as it 
    deems relevant.

               (3) Magnitude of the margin of dumping

        The administering authority shall provide to the Commission the 
    magnitude of the margin of dumping that is likely to prevail if the 
    order is revoked or the suspended investigation is terminated. The 
    administering authority shall normally choose a margin that was 
    determined under section 1673d of this title or under subsection (a) 
    or (b)(1) of section 1675 of this title.

                          (4) Special rule

        (A) Treatment of zero or de minimis margins

            A dumping margin described in paragraph (1)(A) that is zero 
        or de minimis shall not by itself require the administering 
        authority to determine that revocation of an antidumping duty 
        order or termination of a suspended investigation would not be 
        likely to lead to continuation or recurrence of sales at less 
        than fair value.

        (B) Application of de minimis standards

            For purposes of this paragraph, the administering authority 
        shall apply the de minimis standards applicable to reviews 
        conducted under subsections (a) and (b) of section 1675 of this 
        title.

(June 17, 1930, ch. 497, title VII, Sec. 752, as added Pub. L. 103-465, 
title II, Sec. 221(a), Dec. 8, 1994, 108 Stat. 4865.)


                             Effective Date

    Section 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 an Effective Date of 1994 Amendment note under 
section 1671 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1675, 1677 of this title.
