                        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. 1675b. Special rules for injury investigations for certain 
        section 1303 or section 1671(c) countervailing duty orders and 
        investigations
        

(a) In general

          (1) Investigation by the commission upon request

        In the case of a countervailing duty order described in 
    paragraph (2), which--
            (A) applies to merchandise that is the product of a 
        Subsidies Agreement country, and
            (B)(i) is in effect on the date on which such country 
        becomes a Subsidies Agreement country, or
            (ii) is issued on a date that is after the date described in 
        clause (i) pursuant to a court order in an action brought under 
        section 1516a of this title,

    the Commission, upon receipt of a request from an interested party 
    described in section 1677(9)(C), (D), (E), (F), or (G) of this title 
    for an injury investigation with respect to such order, shall 
    initiate an investigation and shall determine whether an industry in 
    the United States is likely to be materially injured by reason of 
    imports of the subject merchandise if the order is revoked.

            (2) Description of countervailing duty orders

        A countervailing duty order described in this paragraph is an 
    order issued under section 1303 \1\ of this title or section 1671(c) 
    of this title with respect to which the requirement of an 
    affirmative determination of material injury was not applicable at 
    the time such order was issued.
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            (3) Requirements of request for investigation

        A request for an investigation under this subsection shall be 
    submitted--
            (A) in the case of an order described in paragraph 
        (1)(B)(i), within 6 months after the date on which the country 
        described in paragraph (1)(A) becomes a Subsidies Agreement 
        country, or
            (B) in the case of an order described in paragraph 
        (1)(B)(ii), within 6 months after the date the order is issued.

                    (4) Suspension of liquidation

        With respect to entries of subject merchandise made on or 
    after--
            (A) in the case of an order described in paragraph 
        (1)(B)(i), the date on which the country described in paragraph 
        (1)(A) becomes a Subsidies Agreement country, or
            (B) in the case of an order described in paragraph 
        (1)(B)(ii), the date on which the order is issued,

    liquidation shall be suspended at the cash deposit rate in effect on 
    the date described in subparagraph (A) or (B) (whichever is 
    applicable).

(b) Investigation procedure and schedule

                      (1) Commission procedure

        (A) In general

            Except as otherwise provided in this section, the provisions 
        of this subtitle regarding evidence in and procedures for 
        investigations conducted under part I of this subtitle shall 
        apply to investigations conducted by the Commission under this 
        section.

        (B) Time for Commission determination

            Except as otherwise provided in subparagraph (C), the 
        Commission shall issue its determination under subsection (a)(1) 
        of this section, to the extent possible, not later than 1 year 
        after the date on which the investigation is initiated under 
        this section.

        (C) Special rule to permit administrative flexibility

            In the case of requests for investigations received under 
        this section within 1 year after the date on which the WTO 
        Agreement enters into force with respect to the United States, 
        the Commission may, after consulting with the administering 
        authority, initiate its investigations in a manner that results 
        in determinations being made in all such investigations during 
        the 4-year period beginning on such date.

         (2) Net countervailable subsidy; nature of subsidy

        (A) Net countervailable subsidy

            The administering authority shall provide to the Commission 
        the net countervailable subsidy that is likely to prevail if the 
        order which is the subject of the investigation is revoked. The 
        administering authority normally shall 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. If the Commission considers the magnitude of the net 
        countervailable subsidy in making its determination under this 
        section, the Commission shall use the net countervailable 
        subsidy provided by the administering authority.

        (B) Nature of subsidy

            The administering authority shall inform the Commission of, 
        and the Commission, in making its determination under this 
        section, shall consider, the nature of the countervailable 
        subsidy and whether the countervailable subsidy is a subsidy 
        described in Article 3 or Article 6.1 of the Subsidies 
        Agreement.

               (3) Effect of Commission determination

        (A) Affirmative determination

            Upon being notified by the Commission that it has made an 
        affirmative determination under subsection (a)(1) of this 
        section--
                (i) the administering authority shall order the 
            termination of the suspension of liquidation required 
            pursuant to subsection (a)(4) of this section, and
                (ii) the countervailing duty order shall remain in 
            effect until revoked, in whole or in part, under section 
            1675(d) of this title.

        For purposes of section 1675(c) of this title, a countervailing 
        duty order described in this section shall be treated as issued 
        on the date of publication of the Commission's determination 
        under this subsection.

        (B) Negative determination

            (i) In general

                Upon being notified by the Commission that it has made a 
            negative determination under subsection (a)(1) of this 
            section, the administering authority shall revoke the 
            countervailing duty order, and shall refund, with interest, 
            any estimated countervailing duties collected during the 
            period liquidation was suspended pursuant to subsection 
            (a)(4) of this section.
            (ii) Limitation on negative determination

                A determination by the Commission that revocation of the 
            order is not likely to result in material injury to an 
            industry by reason of imports of the subject merchandise 
            shall not be based, in whole or in part, on any export 
            taxes, duties, or other charges levied on the export of the 
            subject merchandise to the United States that were 
            specifically intended to offset the countervailable subsidy 
            received.

      (4) Countervailing duty orders with respect to which no 
                  request for injury investigation is made

        If, with respect to a countervailing duty order described in 
    subsection (a) of this section, a request for an investigation is 
    not made within the time required by subsection (a)(3) of this 
    section, the Commission shall notify the administering authority 
    that a negative determination has been made under subsection (a) of 
    this section and the provisions of paragraph (3)(B) shall apply with 
    respect to the order.

(c) Pending and suspended countervailing duty investigations

    If, on the date on which a country becomes a Subsidies Agreement 
country, there is a countervailing duty investigation in progress or 
suspended under section 1303 \2\ of this title or section 1671(c) of 
this title that applies to merchandise which is a product of that 
country and with respect to which the requirement of an affirmative 
determination of material injury was not applicable at the time the 
investigation was initiated, the Commission shall--
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        (1) in the case of an investigation in progress, make a final 
    determination under section 1671d(b) of this title within 75 days 
    after the date of an affirmative final determination, if any, by the 
    administering authority,
        (2) in the case of a suspended investigation to which section 
    1671c(i)(1)(B) of this title applies, make a final determination 
    under section 1671d(b) of this title within 120 days after receiving 
    notice from the administering authority of the resumption of the 
    investigation pursuant to section 1671c(i) of this title, or within 
    45 days after the date of an affirmative final determination, if 
    any, by the administering authority, whichever is later, or
        (3) in the case of a suspended investigation to which section 
    1671c(i)(1)(C) of this title applies, treat the countervailing duty 
    order issued pursuant to such section as if it were--
            (A) an order issued under subsection (a)(1)(B)(ii) of this 
        section for purposes of subsection (a)(3) of this section; and
            (B) an order issued under subsection (a)(1)(B)(i) of this 
        section for purposes of subsection (a)(4) of this section.

(d) Publication in Federal Register

    The administering authority or the Commission, as the case may be, 
shall publish in the Federal Register a notice of the initiation of any 
investigation, and a notice of any determination or revocation, made 
pursuant to this section.

(e) Request for simultaneous expedited review under section 1675(c)

                          (1) General rule

        (A) Requests for reviews

            Notwithstanding section 1675(c)(6)(A) of this title and 
        except as provided in subparagraph (B), an interested party may 
        request a review of an order under section 1675(c) of this title 
        at the same time the party requests an investigation under 
        subsection (a) of this section, if the order involves the same 
        or comparable subject merchandise. Upon receipt of such request, 
        the administering authority, after consulting with the 
        Commission, shall initiate a review of the order under section 
        1675(c) of this title. The Commission shall combine such review 
        with the investigation under this section.

        (B) Exception

            If the administering authority determines that the 
        interested party who requested an investigation under this 
        section is a related party or an importer within the meaning of 
        section 1677(4)(B) of this title, the administering authority 
        may decline a request by such party to initiate a review of an 
        order under section 1675(c) of this title which involves the 
        same or comparable subject merchandise.

                           (2) Cumulation

        If a review under section 1675(c) of this title is initiated 
    under paragraph (1), such review shall be treated as having been 
    initiated on the same day as the investigation under this section, 
    and the Commission may, in accordance with section 1677(7)(G) of 
    this title, cumulatively assess the volume and effect of imports of 
    the subject merchandise from all countries with respect to which 
    such investigations are treated as initiated on the same day.

         (3) Time and procedure for Commission determination

        The Commission shall render its determination in the 
    investigation conducted under this section at the same time as the 
    Commission's determination is made in the review under section 
    1675(c) of this title that is initiated pursuant to this subsection. 
    The Commission shall in all other respects apply the procedures and 
    standards set forth in section 1675(c) of this title to such section 
    1675(c) of this title reviews.

(June 17, 1930, ch. 497, title VII, Sec. 753, as added Pub. L. 103-465, 
title II, Sec. 271(a), Dec. 8, 1994, 108 Stat. 4918; amended Pub. L. 
104-295, Sec. 39, Oct. 11, 1996, 110 Stat. 3540.)

                       References in Text

    Section 1303 of this title, referred to in subsecs. (a)(2) and (c), 
is defined in section 1677(26) of this title to mean section 1330 as in 
effect on the day before Jan. 1, 1995.


                               Amendments

    1996--Pub. L. 104-295, Sec. 39(1), inserted ``or section 1671(c)'' 
after ``section 1303'' in section catchline.
    Subsecs. (a)(2), (c). Pub. L. 104-295 inserted ``or section 1671(c) 
of this title'' after ``section 1303 of this title'' and struck out 
``under section 1303(a)(2) of this title'' after ``material injury''.


                             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.


               Uruguay Round Agreements: Entry Into Force

    The Uruguay Round Agreements, including the World Trade Organization 
Agreement and agreements annexed to that Agreement, as referred to in 
section 3511(d) of this title, entered into force with respect to the 
United States on Jan. 1, 1995. See note set out under section 3511 of 
this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1516a, 1675, 1677e, 1677f, 
1677m of this title.
