                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                       Part IV--General Provisions
 
Sec. 1677. Definitions; special rules

    For purposes of this subtitle--

                     (1) Administering authority

        The term ``administering authority'' means the Secretary of 
    Commerce, or any other officer of the United States to whom the 
    responsibility for carrying out the duties of the administering 
    authority under this subtitle are transferred by law.

                           (2) Commission

        The term ``Commission'' means the United States International 
    Trade Commission.

                             (3) Country

        The term ``country'' means a foreign country, a political 
    subdivision, dependent territory, or possession of a foreign 
    country, and, except for the purpose of antidumping proceedings, may 
    include an association of 2 or more foreign countries, political 
    subdivisions, dependent territories, or possessions of countries 
    into a customs union outside the United States.

                            (4) Industry

        (A) In general

            The term ``industry'' means the producers as a whole of a 
        domestic like product, or those producers whose collective 
        output of a domestic like product constitutes a major proportion 
        of the total domestic production of the product.

        (B) Related parties

            (i) If a producer of a domestic like product and an exporter 
        or importer of the subject merchandise are related parties, or 
        if a producer of the domestic like product is also an importer 
        of the subject merchandise, the producer may, in appropriate 
        circumstances, be excluded from the industry.
            (ii) For purposes of clause (i), a producer and an exporter 
        or importer shall be considered to be related parties, if--
                (I) the producer directly or indirectly controls the 
            exporter or importer,
                (II) the exporter or importer directly or indirectly 
            controls the producer,
                (III) a third party directly or indirectly controls the 
            producer and the exporter or importer, or
                (IV) the producer and the exporter or importer directly 
            or indirectly control a third party and there is reason to 
            believe that the relationship causes the producer to act 
            differently than a nonrelated producer.

        For purposes of this subparagraph, a party shall be considered 
        to directly or indirectly control another party if the party is 
        legally or operationally in a position to exercise restraint or 
        direction over the other party.

        (C) Regional industries

            In appropriate circumstances, the United States, for a 
        particular product market, may be divided into 2 or more markets 
        and the producers within each market may be treated as if they 
        were a separate industry if--
                (i) the producers within such market sell all or almost 
            all of their production of the domestic like product in 
            question in that market, and
                (ii) the demand in that market is not supplied, to any 
            substantial degree, by producers of the product in question 
            located elsewhere in the United States.

        In such appropriate circumstances, material injury, the threat 
        of material injury, or material retardation of the establishment 
        of an industry may be found to exist with respect to an industry 
        even if the domestic industry as a whole, or those producers 
        whose collective output of a domestic like product constitutes a 
        major proportion of the total domestic production of that 
        product, is not injured, if there is a concentration of dumped 
        imports or imports of merchandise benefiting from a 
        countervailable subsidy into such an isolated market and if the 
        producers of all, or almost all, of the production within that 
        market are being materially injured or threatened by material 
        injury, or if the establishment of an industry is being 
        materially retarded, by reason of the dumped imports or imports 
        of merchandise benefiting from a countervailable subsidy. The 
        term ``regional industry'' means the domestic producers within a 
        region who are treated as a separate industry under this 
        subparagraph.

        (D) Product lines

            The effect of dumped imports or imports of merchandise 
        benefiting from a countervailable subsidy shall be assessed in 
        relation to the United States production of a domestic like 
        product if available data permit the separate identification of 
        production in terms of such criteria as the production process 
        or the producer's profits. If the domestic production of the 
        domestic like product has no separate identity in terms of such 
        criteria, then the effect of the dumped imports or imports of 
        merchandise benefiting from a countervailable subsidy shall be 
        assessed by the examination of the production of the narrowest 
        group or range of products, which includes a domestic like 
        product, for which the necessary information can be provided.

        (E) Industry producing processed agricultural products

            (i) In general

                Subject to clause (v), in an investigation involving a 
            processed agricultural product produced from any raw 
            agricultural product, the producers or growers of the raw 
            agricultural product may be considered part of the industry 
            producing the processed product if--
                    (I) the processed agricultural product is produced 
                from the raw agricultural product through a single 
                continuous line of production; and
                    (II) there is a substantial coincidence of economic 
                interest between the producers or growers of the raw 
                agricultural product and the processors of the processed 
                agricultural product based upon relevant economic 
                factors, which may, in the discretion of the Commission, 
                include price, added market value, or other economic 
                interrelationships (regardless of whether such 
                coincidence of economic interest is based upon any legal 
                relationship).
            (ii) Processing

                For purposes of this subparagraph, the processed 
            agricultural product shall be considered to be processed 
            from a raw agricultural product through a single continuous 
            line of production if--
                    (I) the raw agricultural product is substantially or 
                completely devoted to the production of the processed 
                agricultural product; and
                    (II) the processed agricultural product is produced 
                substantially or completely from the raw product.
            (iii) Relevant economic factors

                For purposes of clause (i)(II), in addition to such 
            other factors it considers relevant to the question of 
            coincidence of economic interest, the Commission shall--
                    (I) if price is taken into account, consider the 
                degree of correlation between the price of the raw 
                agricultural product and the price of the processed 
                agricultural product; and
                    (II) if added market value is taken into account, 
                consider whether the value of the raw agricultural 
                product constitutes a significant percentage of the 
                value of the processed agricultural product.
            (iv) Raw agricultural product

                For purposes of this subparagraph, the term ``raw 
            agricultural product'' means any farm or fishery product.
            (v) Termination of this subparagraph

                This subparagraph shall cease to have effect if the 
            United States Trade Representative notifies the 
            administering authority and the Commission that the 
            application of this subparagraph is inconsistent with the 
            international obligations of the United States.

                     (5) Countervailable subsidy

        (A) In general

            Except as provided in paragraph (5B), a countervailable 
        subsidy is a subsidy described in this paragraph which is 
        specific as described in paragraph (5A).

        (B) Subsidy described

            A subsidy is described in this paragraph in the case in 
        which an authority--
                (i) provides a financial contribution,
                (ii) provides any form of income or price support within 
            the meaning of Article XVI of the GATT 1994, or
                (iii) makes a payment to a funding mechanism to provide 
            a financial contribution, or entrusts or directs a private 
            entity to make a financial contribution, if providing the 
            contribution would normally be vested in the government and 
            the practice does not differ in substance from practices 
            normally followed by governments,

        to a person and a benefit is thereby conferred. For purposes of 
        this paragraph and paragraphs (5A) and (5B), the term 
        ``authority'' means a government of a country or any public 
        entity within the territory of the country.

        (C) Other factors

            The determination of whether a subsidy exists shall be made 
        without regard to whether the recipient of the subsidy is 
        publicly or privately owned and without regard to whether the 
        subsidy is provided directly or indirectly on the manufacture, 
        production, or export of merchandise. The administering 
        authority is not required to consider the effect of the subsidy 
        in determining whether a subsidy exists under this paragraph.

        (D) Financial contribution

            The term ``financial contribution'' means--
                (i) the direct transfer of funds, such as grants, loans, 
            and equity infusions, or the potential direct transfer of 
            funds or liabilities, such as loan guarantees,
                (ii) foregoing or not collecting revenue that is 
            otherwise due, such as granting tax credits or deductions 
            from taxable income,
                (iii) providing goods or services, other than general 
            infrastructure, or
                (iv) purchasing goods.

        (E) Benefit conferred

            A benefit shall normally be treated as conferred where there 
        is a benefit to the recipient, including--
                (i) in the case of an equity infusion, if the investment 
            decision is inconsistent with the usual investment practice 
            of private investors, including the practice regarding the 
            provision of risk capital, in the country in which the 
            equity infusion is made,
                (ii) in the case of a loan, if there is a difference 
            between the amount the recipient of the loan pays on the 
            loan and the amount the recipient would pay on a comparable 
            commercial loan that the recipient could actually obtain on 
            the market,
                (iii) in the case of a loan guarantee, if there is a 
            difference, after adjusting for any difference in guarantee 
            fees, between the amount the recipient of the guarantee pays 
            on the guaranteed loan and the amount the recipient would 
            pay for a comparable commercial loan if there were no 
            guarantee by the authority, and
                (iv) in the case where goods or services are provided, 
            if such goods or services are provided for less than 
            adequate remuneration, and in the case where goods are 
            purchased, if such goods are purchased for more than 
            adequate remuneration.

        For purposes of clause (iv), the adequacy of remuneration shall 
        be determined in relation to prevailing market conditions for 
        the good or service being provided or the goods being purchased 
        in the country which is subject to the investigation or review. 
        Prevailing market conditions include price, quality, 
        availability, marketability, transportation, and other 
        conditions of purchase or sale.

        (F) Change in ownership

            A change in ownership of all or part of a foreign enterprise 
        or the productive assets of a foreign enterprise does not by 
        itself require a determination by the administering authority 
        that a past countervailable subsidy received by the enterprise 
        no longer continues to be countervailable, even if the change in 
        ownership is accomplished through an arm's length transaction.

                          (5A) Specificity

        (A) In general

            A subsidy is specific if it is an export subsidy described 
        in subparagraph (B) or an import substitution subsidy described 
        in subparagraph (C), or if it is determined to be specific 
        pursuant to subparagraph (D).

        (B) Export subsidy

            An export subsidy is a subsidy that is, in law or in fact, 
        contingent upon export performance, alone or as 1 of 2 or more 
        conditions.

        (C) Import substitution subsidy

            An import substitution subsidy is a subsidy that is 
        contingent upon the use of domestic goods over imported goods, 
        alone or as 1 of 2 or more conditions.

        (D) Domestic subsidy

            In determining whether a subsidy (other than a subsidy 
        described in subparagraph (B) or (C)) is a specific subsidy, in 
        law or in fact, to an enterprise or industry within the 
        jurisdiction of the authority providing the subsidy, the 
        following guidelines shall apply:
                (i) Where the authority providing the subsidy, or the 
            legislation pursuant to which the authority operates, 
            expressly limits access to the subsidy to an enterprise or 
            industry, the subsidy is specific as a matter of law.
                (ii) Where the authority providing the subsidy, or the 
            legislation pursuant to which the authority operates, 
            establishes objective criteria or conditions governing the 
            eligibility for, and the amount of, a subsidy, the subsidy 
            is not specific as a matter of law, if--
                    (I) eligibility is automatic,
                    (II) the criteria or conditions for eligibility are 
                strictly followed, and
                    (III) the criteria or conditions are clearly set 
                forth in the relevant statute, regulation, or other 
                official document so as to be capable of verification.

          For purposes of this clause, the term ``objective criteria or 
            conditions'' means criteria or conditions that are neutral 
            and that do not favor one enterprise or industry over 
            another.
                (iii) Where there are reasons to believe that a subsidy 
            may be specific as a matter of fact, the subsidy is specific 
            if one or more of the following factors exist:
                    (I) The actual recipients of the subsidy, whether 
                considered on an enterprise or industry basis, are 
                limited in number.
                    (II) An enterprise or industry is a predominant user 
                of the subsidy.
                    (III) An enterprise or industry receives a 
                disproportionately large amount of the subsidy.
                    (IV) The manner in which the authority providing the 
                subsidy has exercised discretion in the decision to 
                grant the subsidy indicates that an enterprise or 
                industry is favored over others.

          In evaluating the factors set forth in subclauses (I), (II), 
            (III), and (IV), the administering authority shall take into 
            account the extent of diversification of economic activities 
            within the jurisdiction of the authority providing the 
            subsidy, and the length of time during which the subsidy 
            program has been in operation.
                (iv) Where a subsidy is limited to an enterprise or 
            industry located within a designated geographical region 
            within the jurisdiction of the authority providing the 
            subsidy, the subsidy is specific.

    For purposes of this paragraph and paragraph (5B), any reference to 
    an enterprise or industry is a reference to a foreign enterprise or 
    foreign industry and includes a group of such enterprises or 
    industries.

           (5B) Categories of noncountervailable subsidies

        (A) In general

            Notwithstanding the provisions of paragraphs (5) and (5A), 
        in the case of merchandise imported from a Subsidies Agreement 
        country, a subsidy shall be treated as noncountervailable if the 
        administering authority determines in an investigation under 
        part I of this subtitle or a review under part III of this 
        subtitle that the subsidy meets all of the criteria described in 
        subparagraph (B), (C), or (D), as the case may be, or the 
        provisions of subparagraph (E)(i) apply.

        (B) Research subsidy

            (i) In general

                Except for a subsidy provided on the manufacture, 
            production, or export of civil aircraft, a subsidy for 
            research activities conducted by a person, or by a higher 
            education or research establishment on a contract basis with 
            a person, shall be treated as noncountervailable, if the 
            subsidy covers not more than 75 percent of the costs of 
            industrial research or not more than 50 percent of the costs 
            of precompetitive development activity, and such subsidy is 
            limited exclusively to--
                    (I) the costs of researchers, technicians, and other 
                supporting staff employed exclusively in the research 
                activity,
                    (II) the costs of instruments, equipment, land, or 
                buildings that are used exclusively and permanently 
                (except when disposed of on a commercial basis) for the 
                research activity,
                    (III) the costs of consultancy and equivalent 
                services used exclusively for the research activity, 
                including costs for bought-in research, technical 
                knowledge, and patents,
                    (IV) additional overhead costs incurred directly as 
                a result of the research activity, and
                    (V) other operating costs (such as materials and 
                supplies) incurred directly as a result of the research 
                activity.
            (ii) Definitions

                For purposes of this subparagraph--
                (I) Industrial research

                    The term ``industrial research'' means planned 
                search or critical investigation aimed at the discovery 
                of new knowledge, with the objective that such knowledge 
                may be useful in developing new products, processes, or 
                services, or in bringing about a significant improvement 
                to existing products, processes, or services.
                (II) Precompetitive development activity

                    The term ``precompetitive development activity'' 
                means the translation of industrial research findings 
                into a plan, blueprint, or design for new, modified, or 
                improved products, processes, or services, whether 
                intended for sale or use, including the creation of a 
                first prototype that would not be capable of commercial 
                use. The term also may include the conceptual 
                formulation and design of products, processes, or 
                services alternatives and initial demonstration or pilot 
                projects, if these same projects cannot be converted or 
                used for industrial application or commercial 
                exploitation. The term does not include routine or 
                periodic alterations to existing products, production 
                lines, manufacturing processes, services, or other 
                ongoing operations even if those alterations may 
                represent improvements.
            (iii) Calculation rules

                (I) In general

                    In the case of a research activity that spans both 
                industrial research and precompetitive development 
                activity, the allowable level of the noncountervailable 
                subsidy shall not exceed 62.5 percent of the costs set 
                forth in subclauses (I), (II), (III), (IV), and (V) of 
                clause (i).
                (II) Total eligible costs

                    The allowable level of a noncountervailable subsidy 
                described in clause (i) shall be based on the total 
                eligible costs incurred over the duration of a 
                particular project.

        (C) Subsidy to disadvantaged regions

            (i) In general

                A subsidy provided, pursuant to a general framework of 
            regional development, to a person located in a disadvantaged 
            region within a country shall be treated as 
            noncountervailable, if it is not specific (within the 
            meaning of paragraph (5A)) within eligible regions and if 
            the following conditions are met:
                    (I) Each region identified as disadvantaged within 
                the territory of a country is a clearly designated, 
                contiguous geographical area with a definable economic 
                and administrative identity.
                    (II) Each region is considered a disadvantaged 
                region on the basis of neutral and objective criteria 
                indicating that the region is disadvantaged because of 
                more than temporary circumstances, and such criteria are 
                clearly stated in the relevant statute, regulation, or 
                other official document so as to be capable of 
                verification.
                    (III) The criteria described in subclause (II) 
                include a measurement of economic development.
                    (IV) Programs provided within a general framework of 
                regional development include ceilings on the amount of 
                assistance that can be granted to a subsidized project. 
                Such ceilings are differentiated according to the 
                different levels of development of assisted regions, and 
                are expressed in terms of investment costs or costs of 
                job creation. Within such ceilings, the distribution of 
                assistance is sufficiently broad and even to avoid the 
                predominant use of a subsidy by, or the provision of 
                disproportionately large amounts of a subsidy to, an 
                enterprise or industry as described in paragraph 
                (5A)(D).
            (ii) Measurement of economic development

                For purposes of clause (i), the measurement of economic 
            development shall be based on one or more of the following 
            factors:
                    (I) Per capita income, household per capita income, 
                or per capita gross domestic product that does not 
                exceed 85 percent of the average for the country subject 
                to investigation or review.
                    (II) An unemployment rate that is at least 110 
                percent of the average unemployment rate for the country 
                subject to investigation or review.

          The measurement of economic development shall cover a 3-year 
            period, but may be a composite measurement and may include 
            factors other than those set forth in this clause.
            (iii) Definitions

                For purposes of this subparagraph--
                (I) General framework of regional development

                    The term ``general framework of regional 
                development'' means that the regional subsidy programs 
                are part of an internally consistent and generally 
                applicable regional development policy, and that 
                regional development subsidies are not granted in 
                isolated geographical points having no, or virtually no, 
                influence on the development of a region.
                (II) Neutral and objective criteria

                    The term ``neutral and objective criteria'' means 
                criteria that do not favor certain regions beyond what 
                is appropriate for the elimination or reduction of 
                regional disparities within the framework of the 
                regional development policy.

        (D) Subsidy for adaptation of existing facilities to new 
                environmental requirements

            (i) In general

                A subsidy that is provided to promote the adaptation of 
            existing facilities to new environmental requirements that 
            are imposed by statute or by regulation, and that result in 
            greater constraints and financial burdens on the recipient 
            of the subsidy, shall be treated as noncountervailable, if 
            the subsidy--
                    (I) is a one-time nonrecurring measure,
                    (II) is limited to 20 percent of the cost of 
                adaptation,
                    (III) does not cover the cost of replacing and 
                operating the subsidized investment, a cost that must be 
                fully borne by the recipient,
                    (IV) is directly linked and proportionate to the 
                recipient's planned reduction of nuisances and 
                pollution, and does not cover any manufacturing cost 
                savings that may be achieved, and
                    (V) is available to all persons that can adopt the 
                new equipment or production processes.
            (ii) Existing facilities

                For purposes of this subparagraph, the term ``existing 
            facilities'' means facilities that have been in operation 
            for at least 2 years before the date on which the new 
            environmental requirements are imposed.

        (E) Notified subsidy program

            (i) General rule

                If a subsidy is provided pursuant to a program that has 
            been notified in accordance with Article 8.3 of the 
            Subsidies Agreement, the subsidy shall be treated as 
            noncountervailable and shall not be subject to investigation 
            or review under this subtitle.
            (ii) Exception

                Notwithstanding clause (i), a subsidy shall be treated 
            as countervailable if--
                    (I) the Trade Representative notifies the 
                administering authority that a determination has been 
                made pursuant to Article 8.4 or 8.5 of the Subsidies 
                Agreement that the subsidy, or the program pursuant to 
                which the subsidy was provided, does not satisfy the 
                conditions and criteria of Article 8.2 of the Subsidies 
                Agreement; and
                    (II) the subsidy is specific within the meaning of 
                paragraph (5A).

        (F) Certain subsidies on agricultural products

            Domestic support measures that are provided with respect to 
        products listed in Annex 1 to the Agreement on Agriculture, and 
        that the administering authority determines conform fully to the 
        provisions of Annex 2 to that Agreement, shall be treated as 
        noncountervailable. Upon request by the administering authority, 
        the Trade Representative shall provide advice regarding the 
        interpretation and application of Annex 2.

        (G) Provisional application

            (i) Subparagraphs (B), (C), (D), and (E) shall not apply on 
        or after the first day of the month that is 66 months after the 
        WTO Agreement enters into force, unless the provisions of such 
        subparagraphs are extended pursuant to section 3572(c) of this 
        title.
            (ii) Subparagraph (F) shall not apply to imports from a WTO 
        member country at the end of the 9-year period beginning on 
        January 1, 1995. The Trade Representative shall determine the 
        precise termination date for each WTO member country in 
        accordance with paragraph (i) of Article 1 of the Agreement on 
        Agriculture and such date shall be notified to the administering 
        authority.

                   (6) Net countervailable subsidy

        For the purpose of determining the net countervailable subsidy, 
    the administering authority may subtract from the gross 
    countervailable subsidy the amount of--
            (A) any application fee, deposit, or similar payment paid in 
        order to qualify for, or to receive, the benefit of the 
        countervailable subsidy,
            (B) any loss in the value of the countervailable subsidy 
        resulting from its deferred receipt, if the deferral is mandated 
        by Government order, and
            (C) export taxes, duties, or other charges levied on the 
        export of merchandise to the United States specifically intended 
        to offset the countervailable subsidy received.

                         (7) Material injury

        (A) In general

            The term ``material injury'' means harm which is not 
        inconsequential, immaterial, or unimportant.

        (B) Volume and consequent impact

            In making determinations under sections 1671b(a), 1671d(b), 
        1673b(a), and 1673d(b) of this title, the Commission, in each 
        case--
                (i) shall consider--
                    (I) the volume of imports of the subject 
                merchandise,
                    (II) the effect of imports of that merchandise on 
                prices in the United States for domestic like products, 
                and
                    (III) the impact of imports of such merchandise on 
                domestic producers of domestic like products, but only 
                in the context of production operations within the 
                United States; and

                (ii) may consider such other economic factors as are 
            relevant to the determination regarding whether there is 
            material injury by reason of imports.

        In the notification required under section 1671d(d) or 1673d(d) 
        of this title, as the case may be, the Commission shall explain 
        its analysis of each factor considered under clause (i), and 
        identify each factor considered under clause (ii) and explain in 
        full its relevance to the determination.

        (C) Evaluation of relevant factors

            For purposes of subparagraph (B)--
            (i) Volume

                In evaluating the volume of imports of merchandise, the 
            Commission shall consider whether the volume of imports of 
            the merchandise, or any increase in that volume, either in 
            absolute terms or relative to production or consumption in 
            the United States, is significant.
            (ii) Price

                In evaluating the effect of imports of such merchandise 
            on prices, the Commission shall consider whether--
                    (I) there has been significant price underselling by 
                the imported merchandise as compared with the price of 
                domestic like products of the United States, and
                    (II) the effect of imports of such merchandise 
                otherwise depresses prices to a significant degree or 
                prevents price increases, which otherwise would have 
                occurred, to a significant degree.
            (iii) Impact on affected domestic industry

                In examining the impact required to be considered under 
            subparagraph (B)(i)(III), the Commission shall evaluate all 
            relevant economic factors which have a bearing on the state 
            of the industry in the United States, including, but not 
            limited to--
                    (I) actual and potential decline in output, sales, 
                market share, profits, productivity, return on 
                investments, and utilization of capacity,
                    (II) factors affecting domestic prices,
                    (III) actual and potential negative effects on cash 
                flow, inventories, employment, wages, growth, ability to 
                raise capital, and investment,
                    (IV) actual and potential negative effects on the 
                existing development and production efforts of the 
                domestic industry, including efforts to develop a 
                derivative or more advanced version of the domestic like 
                product, and
                    (V) in a proceeding under part II of this subtitle, 
                the magnitude of the margin of dumping.

          The Commission shall evaluate all relevant economic factors 
            described in this clause within the context of the business 
            cycle and conditions of competition that are distinctive to 
            the affected industry.
            (iv) Captive production

                If domestic producers internally transfer significant 
            production of the domestic like product for the production 
            of a downstream article and sell significant production of 
            the domestic like product in the merchant market, and the 
            Commission finds that--
                    (I) the domestic like product produced that is 
                internally transferred for processing into that 
                downstream article does not enter the merchant market 
                for the domestic like product,
                    (II) the domestic like product is the predominant 
                material input in the production of that downstream 
                article, and
                    (III) the production of the domestic like product 
                sold in the merchant market is not generally used in the 
                production of that downstream article,

          then the Commission, in determining market share and the 
            factors affecting financial performance set forth in clause 
            (iii), shall focus primarily on the merchant market for the 
            domestic like product.

        (D) Special rules for agricultural products

            (i) The Commission shall not determine that there is no 
        material injury or threat of material injury to United States 
        producers of an agricultural commodity merely because the 
        prevailing market price is at or above the minimum support 
        price.
            (ii) In the case of agricultural products, the Commission 
        shall consider any increased burden on government income or 
        price support programs.

        (E) Special rules

            For purposes of this paragraph--
            (i) Nature of countervailable subsidy

                In determining whether there is a threat of material 
            injury, the Commission shall consider information provided 
            to it by the administering authority regarding the nature of 
            the countervailable subsidy granted by a foreign country 
            (particularly whether the countervailable subsidy is a 
            subsidy described in Article 3 or 6.1 of the Subsidies 
            Agreement) and the effects likely to be caused by the 
            countervailable subsidy.
            (ii) Standard for determination

                The presence or absence of any factor which the 
            Commission is required to evaluate under subparagraph (C) or 
            (D) shall not necessarily give decisive guidance with 
            respect to the determination by the Commission of material 
            injury.

        (F) Threat of material injury

            (i) In general

                In determining whether an industry in the United States 
            is threatened with material injury by reason of imports (or 
            sales for importation) of the subject merchandise, the 
            Commission shall consider, among other relevant economic 
            factors--
                    (I) if a countervailable subsidy is involved, such 
                information as may be presented to it by the 
                administering authority as to the nature of the subsidy 
                (particularly as to whether the countervailable subsidy 
                is a subsidy described in Article 3 or 6.1 of the 
                Subsidies Agreement), and whether imports of the subject 
                merchandise are likely to increase,
                    (II) any existing unused production capacity or 
                imminent, substantial increase in production capacity in 
                the exporting country indicating the likelihood of 
                substantially increased imports of the subject 
                merchandise into the United States, taking into account 
                the availability of other export markets to absorb any 
                additional exports,
                    (III) a significant rate of increase of the volume 
                or market penetration of imports of the subject 
                merchandise indicating the likelihood of substantially 
                increased imports,
                    (IV) whether imports of the subject merchandise are 
                entering at prices that are likely to have a significant 
                depressing or suppressing effect on domestic prices, and 
                are likely to increase demand for further imports,
                    (V) inventories of the subject merchandise,
                    (VI) 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,
                    (VII) in any investigation under this subtitle which 
                involves imports of both a raw agricultural product 
                (within the meaning of paragraph (4)(E)(iv)) and any 
                product processed from such raw agricultural product, 
                the likelihood that there will be increased imports, by 
                reason of product shifting, if there is an affirmative 
                determination by the Commission under section 
                1671d(b)(1) or 1673d(b)(1) of this title with respect to 
                either the raw agricultural product or the processed 
                agricultural product (but not both),
                    (VIII) the actual and potential negative effects on 
                the existing development and production efforts of the 
                domestic industry, including efforts to develop a 
                derivative or more advanced version of the domestic like 
                product, and
                    (IX) any other demonstrable adverse trends that 
                indicate the probability that there is likely to be 
                material injury by reason of imports (or sale for 
                importation) of the subject merchandise (whether or not 
                it is actually being imported at the time).
            (ii) Basis for determination

                The Commission shall consider the factors set forth in 
            clause (i) as a whole in making a determination of whether 
            further dumped or subsidized imports are imminent and 
            whether material injury by reason of imports would occur 
            unless an order is issued or a suspension agreement is 
            accepted under this subtitle. The presence or absence of any 
            factor which the Commission is required to consider under 
            clause (i) shall not necessarily give decisive guidance with 
            respect to the determination. Such a determination may not 
            be made on the basis of mere conjecture or supposition.
            (iii) Effect of dumping in third-country markets

                (I) In general

                    In investigations under part II of this subtitle, 
                the Commission shall consider whether dumping in the 
                markets of foreign countries (as evidenced by dumping 
                findings or antidumping remedies in other WTO member 
                markets against the same class or kind of merchandise 
                manufactured or exported by the same party as under 
                investigation) suggests a threat of material injury to 
                the domestic industry. In the course of its 
                investigation, the Commission shall request information 
                from the foreign manufacturer, exporter, or United 
                States importer concerning this issue.
                (II) WTO member market

                    For purposes of this clause, the term ``WTO member 
                market'' means the market of any country which is a WTO 
                member.
                (III) European Communities

                    For purposes of this clause, the European 
                Communities shall be treated as a foreign country.

        (G) Cumulation for determining material injury

            (i) In general

                For purposes of clauses (i) and (ii) of subparagraph 
            (C), and subject to clause (ii), the Commission shall 
            cumulatively assess the volume and effect of imports of the 
            subject merchandise from all countries with respect to 
            which--
                    (I) petitions were filed under section 1671a(b) or 
                1673a(b) of this title on the same day,
                    (II) investigations were initiated under section 
                1671a(a) or 1673a(a) of this title on the same day, or
                    (III) petitions were filed under section 1671a(b) or 
                1673a(b) of this title and investigations were initiated 
                under section 1671a(a) or 1673a(a) of this title on the 
                same day,

          if such imports compete with each other and with domestic like 
            products in the United States market.
            (ii) Exceptions

                The Commission shall not cumulatively assess the volume 
            and effect of imports under clause (i)--
                    (I) with respect to which the administering 
                authority has made a preliminary negative determination, 
                unless the administering authority subsequently made a 
                final affirmative determination with respect to those 
                imports before the Commission's final determination is 
                made;
                    (II) from any country with respect to which the 
                investigation has been terminated;
                    (III) from any country designated as a beneficiary 
                country under the Caribbean Basin Economic Recovery Act 
                (19 U.S.C. 2701 et seq.) for purposes of making a 
                determination with respect to that country, except that 
                the volume and effect of imports of the subject 
                merchandise from such country may be cumulatively 
                assessed with imports of the subject merchandise from 
                any other country designated as such a beneficiary 
                country to the extent permitted by clause (i); or
                    (IV) from any country that is a party to an 
                agreement with the United States establishing a free 
                trade area, which entered into force and effect before 
                January 1, 1987, unless the Commission determines that a 
                domestic industry is materially injured or threatened 
                with material injury by reason of imports from that 
                country.
            (iii) Records in final investigations

                In each final determination in which it cumulatively 
            assesses the volume and effect of imports under clause (i), 
            the Commission shall make its determinations based on the 
            record compiled in the first investigation in which it makes 
            a final determination, except that when the administering 
            authority issues its final determination in a subsequently 
            completed investigation, the Commission shall permit the 
            parties in the subsequent investigation to submit comments 
            concerning the significance of the administering authority's 
            final determination, and shall include such comments and the 
            administering authority's final determination in the record 
            for the subsequent investigation.
            (iv) Regional industry determinations

                In an investigation which involves a regional industry, 
            and in which the Commission decides that the volume and 
            effect of imports should be cumulatively assessed under this 
            subparagraph, such assessment shall be based upon the volume 
            and effect of imports into the region or regions determined 
            by the Commission. The provisions of clause (iii) shall 
            apply to such investigations.

        (H) Cumulation for determining threat of material injury

            To the extent practicable and subject to subparagraph 
        (G)(ii), for purposes of clause (i)(III) and (IV) of 
        subparagraph (F), the Commission may cumulatively assess the 
        volume and price effects of imports of the subject merchandise 
        from all countries with respect to which--
                (i) petitions were filed under section 1671a(b) or 
            1673a(b) of this title on the same day,
                (ii) investigations were initiated under section 
            1671a(a) or 1673a(a) of this title on the same day, or
                (iii) petitions were filed under section 1671a(b) or 
            1673a(b) of this title and investigations were initiated 
            under section 1671a(a) or 1673a(a) of this title on the same 
            day,

        if such imports compete with each other and with domestic like 
        products in the United States market.

        (I) Consideration of post-petition information

            The Commission shall consider whether any change in the 
        volume, price effects, or impact of imports of the subject 
        merchandise since the filing of the petition in an investigation 
        under part I or II of this subtitle is related to the pendency 
        of the investigation and, if so, the Commission may reduce the 
        weight accorded to the data for the period after the filing of 
        the petition in making its determination of material injury, 
        threat of material injury, or material retardation of the 
        establishment of an industry in the United States.

          (8) Subsidies Agreement; Agreement on Agriculture

        (A) Subsidies Agreement

            The term ``Subsidies Agreement'' means the Agreement on 
        Subsidies and Countervailing Measures referred to in section 
        3511(d)(12) of this title.

        (B) Agreement on Agriculture

            The term ``Agreement on Agriculture'' means the Agreement on 
        Agriculture referred to in section 3511(d)(2) of this title.

                        (9) Interested party

        The term ``interested party'' means--
            (A) a foreign manufacturer, producer, or exporter, or the 
        United States importer, of subject merchandise or a trade or 
        business association a majority of the members of which are 
        producers, exporters, or importers of such merchandise,
            (B) the government of a country in which such merchandise is 
        produced or manufactured or from which such merchandise is 
        exported,
            (C) a manufacturer, producer, or wholesaler in the United 
        States of a domestic like product,
            (D) a certified union or recognized union or group of 
        workers which is representative of an industry engaged in the 
        manufacture, production, or wholesale in the United States of a 
        domestic like product,
            (E) a trade or business association a majority of whose 
        members manufacture, produce, or wholesale a domestic like 
        product in the United States,
            (F) an association, a majority of whose members is composed 
        of interested parties described in subparagraph (C), (D), or (E) 
        with respect to a domestic like product, and
            (G) in any investigation under this subtitle involving an 
        industry engaged in producing a processed agricultural product, 
        as defined in paragraph (4)(E), a coalition or trade association 
        which is representative of either--
                (i) processors,
                (ii) processors and producers, or
                (iii) processors and growers,

        but this subparagraph shall cease to have effect if the United 
        States Trade Representative notifies the administering authority 
        and the Commission that the application of this subparagraph is 
        inconsistent with the international obligations of the United 
        States.

                     (10) Domestic like product

        The term ``domestic like product'' means a product which is 
    like, or in the absence of like, most similar in characteristics and 
    uses with, the article subject to an investigation under this 
    subtitle.

        (11) Affirmative determinations by divided Commission

        If the Commissioners voting on a determination by the 
    Commission, including a determination under section 1675 of this 
    title, are evenly divided as to whether the determination should be 
    affirmative or negative, the Commission shall be deemed to have made 
    an affirmative determination. For the purpose of applying this 
    paragraph when the issue before the Commission is to determine 
    whether there is--
            (A) material injury to an industry in the United States,
            (B) threat of material injury to such an industry, or
            (C) material retardation of the establishment of an industry 
        in the United States,

    by reason of imports of the merchandise, an affirmative vote on any 
    of the issues shall be treated as a vote that the determination 
    should be affirmative.

    (12) Attribution of merchandise to country of manufacture or 
                                 production

        For purposes of part I of this subtitle, merchandise shall be 
    treated as the product of the country in which it was manufactured 
    or produced without regard to whether it is imported directly from 
    that country and without regard to whether it is imported in the 
    same condition as when exported from that country or in a changed 
    condition by reason of remanufacture or otherwise.

     (13) Repealed. Pub. L. 103-465, title II, Sec. 222(i)(2), 
                        Dec. 8, 1994, 108 Stat. 4876

       (14) Sold or, in the absence of sales, offered for sale

        The term ``sold or, in the absence of sales, offered for sale'' 
    means sold or, in the absence of sales, offered--
            (A) to all purchasers in commercial quantities, or
            (B) in the ordinary course of trade to one or more selected 
        purchasers in commercial quantities at a price which fairly 
        reflects the market value of the merchandise,

    without regard to restrictions as to the disposition or use of the 
    merchandise by the purchaser except that, where such restrictions 
    are found to affect the market value of the merchandise, adjustment 
    shall be made therefor in calculating the price at which the 
    merchandise is sold or offered for sale.

                    (15) Ordinary course of trade

        The term ``ordinary course of trade'' means the conditions and 
    practices which, for a reasonable time prior to the exportation of 
    the subject merchandise, have been normal in the trade under 
    consideration with respect to merchandise of the same class or kind. 
    The administering authority shall consider the following sales and 
    transactions, among others, to be outside the ordinary course of 
    trade:
            (A) Sales disregarded under section 1677b(b)(1) of this 
        title.
            (B) Transactions disregarded under section 1677b(f)(2) of 
        this title.

                      (16) Foreign like product

        The term ``foreign like product'' means merchandise in the first 
    of the following categories in respect of which a determination for 
    the purposes of part II of this subtitle can be satisfactorily made:
            (A) The subject merchandise and other merchandise which is 
        identical in physical characteristics with, and was produced in 
        the same country by the same person as, that merchandise.
            (B) Merchandise--
                (i) produced in the same country and by the same person 
            as the subject merchandise,
                (ii) like that merchandise in component material or 
            materials and in the purposes for which used, and
                (iii) approximately equal in commercial value to that 
            merchandise.

            (C) Merchandise--
                (i) produced in the same country and by the same person 
            and of the same general class or kind as the subject 
            merchandise,
                (ii) like that merchandise in the purposes for which 
            used, and
                (iii) which the administering authority determines may 
            reasonably be compared with that merchandise.

                  (17) Usual commercial quantities

        The term ``usual commercial quantities'', in any case in which 
    the subject merchandise is sold in the market under consideration at 
    different prices for different quantities, means the quantities in 
    which such merchandise is there sold at the price or prices for one 
    quantity in an aggregate volume which is greater than the aggregate 
    volume sold at the price or prices for any other quantity.

                   (18) Nonmarket economy country

        (A) In general

            The term ``nonmarket economy country'' means any foreign 
        country that the administering authority determines does not 
        operate on market principles of cost or pricing structures, so 
        that sales of merchandise in such country do not reflect the 
        fair value of the merchandise.

        (B) Factors to be considered

            In making determinations under subparagraph (A) the 
        administering authority shall take into account--
                (i) the extent to which the currency of the foreign 
            country is convertible into the currency of other countries; 
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    \1\ So in original. The semicolon probably should be a comma.
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                (ii) the extent to which wage rates in the foreign 
            country are determined by free bargaining between labor and 
            management,
                (iii) the extent to which joint ventures or other 
            investments by firms of other foreign countries are 
            permitted in the foreign country,
                (iv) the extent of government ownership or control of 
            the means of production,
                (v) the extent of government control over the allocation 
            of resources and over the price and output decisions of 
            enterprises, and
                (vi) such other factors as the administering authority 
            considers appropriate.

        (C) Determination in effect

            (i) Any determination that a foreign country is a nonmarket 
        economy country shall remain in effect until revoked by the 
        administering authority.
            (ii) The administering authority may make a determination 
        under subparagraph (A) with respect to any foreign country at 
        any time.

        (D) Determinations not in issue

            Notwithstanding any other provision of law, any 
        determination made by the administering authority under 
        subparagraph (A) shall not be subject to judicial review in any 
        investigation conducted under part II of this subtitle.

        (E) Collection of information

            Upon request by the administering authority, the 
        Commissioner of Customs shall provide the administering 
        authority a copy of all public and proprietary information 
        submitted to, or obtained by, the Commissioner of Customs that 
        the administering authority considers relevant to proceedings 
        involving merchandise from nonmarket economy countries. The 
        administering authority shall protect proprietary information 
        obtained under this section from public disclosure in accordance 
        with section 1677f of this title.

                 (19) Equivalency of leases to sales

        In determining whether a lease is equivalent to a sale for 
    purposes of this subtitle, the administering authority shall 
    consider--
            (A) the terms of the lease,
            (B) commercial practice within the industry,
            (C) the circumstances of the transaction,
            (D) whether the product subject to the lease is integrated 
        into the operations of the lessee or importer,
            (E) whether in practice there is a likelihood that the lease 
        will be continued or renewed for a significant period of time, 
        and
            (F) other relevant factors, including whether the lease 
        transaction would permit avoidance of antidumping or 
        countervailing duties.

            (20) Application to governmental importations

        (A) In general

            Except as otherwise provided by this paragraph, merchandise 
        imported by, or for the use of, a department or agency of the 
        United States Government (including merchandise provided for 
        under chapter 98 of the Harmonized Tariff Schedule of the United 
        States) is subject to the imposition of countervailing duties or 
        antidumping duties under this subtitle or section 1303 of this 
        title.

        (B) Exceptions

            Merchandise imported by, or for the use of, the Department 
        of Defense shall not be subject to the imposition of 
        countervailing or antidumping duties under this subtitle if--
                (i) the merchandise is acquired by, or for use of, such 
            Department--
                    (I) from a country with which such Department had a 
                Memorandum of Understanding which was in effect on 
                January 1, 1988, and has continued to have a comparable 
                agreement (including renewals) or superceding 
                agreements, and
                    (II) in accordance with terms of the Memorandum of 
                Understanding in effect at the time of importation, or

                (ii) the merchandise has no substantial nonmilitary use.

                 (21) United States-Canada Agreement

        The term ``United States-Canada Agreement'' means the United 
    States-Canada Free-Trade Agreement.

                             (22) NAFTA

        The term ``NAFTA'' means the North American Free Trade 
    Agreement.

                             (23) Entry

        The term ``entry'' includes, in appropriate circumstances as 
    determined by the administering authority, a reconciliation entry 
    created under a reconciliation process, defined in section 1401(s) 
    of this title, that is initiated by an importer. The liability of an 
    importer under an antidumping or countervailing duty proceeding for 
    entries of merchandise subject to the proceeding will attach to the 
    corresponding reconciliation entry or entries. Suspension of 
    liquidation of the reconciliation entry or entries, for the purpose 
    of enforcing this subtitle, is equivalent to the suspension of 
    liquidation of the corresponding individual entries; but the 
    suspension of liquidation of the reconciliation entry or entries for 
    such purpose does not preclude liquidation for any other purpose.

                       (24) Negligible imports

        (A) In general

            (i) Less than 3 percent

                Except as provided in clauses (ii) and (iv), imports 
            from a country of merchandise corresponding to a domestic 
            like product identified by the Commission are ``negligible'' 
            if such imports account for less than 3 percent of the 
            volume of all such merchandise imported into the United 
            States in the most recent 12-month period for which data are 
            available that precedes--
                    (I) the filing of the petition under section 
                1671a(b) or 1673a(b) of this title, or
                    (II) the initiation of the investigation, if the 
                investigation was initiated under section 1671a(a) or 
                1673a(a) of this title.
            (ii) Exception

                Imports that would otherwise be negligible under clause 
            (i) shall not be negligible if the aggregate volume of 
            imports of the merchandise from all countries described in 
            clause (i) with respect to which investigations were 
            initiated on the same day exceeds 7 percent of the volume of 
            all such merchandise imported into the United States during 
            the applicable 12-month period.
            (iii) Determination of aggregate volume

                In determining aggregate volume under clause (ii) or 
            (iv), the Commission shall not consider imports from any 
            country specified in paragraph (7)(G)(ii).
            (iv) Negligibility in threat analysis

                Notwithstanding clauses (i) and (ii), the Commission 
            shall not treat imports as negligible if it determines that 
            there is a potential that imports from a country described 
            in clause (i) will imminently account for more than 3 
            percent of the volume of all such merchandise imported into 
            the United States, or that the aggregate volumes of imports 
            from all countries described in clause (ii) will imminently 
            exceed 7 percent of the volume of all such merchandise 
            imported into the United States. The Commission shall 
            consider such imports only for purposes of determining 
            threat of material injury.

        (B) Negligibility for certain countries in countervailing duty 
                investigations

            In the case of an investigation under section 1671 of this 
        title, subparagraph (A) shall be applied to imports of subject 
        merchandise from developing countries by substituting ``4 
        percent'' for ``3 percent'' in subparagraph (A)(i) and by 
        substituting ``9 percent'' for ``7 percent'' in subparagraph 
        (A)(ii).

        (C) Computation of import volumes

            In computing import volumes for purposes of subparagraphs 
        (A) and (B), the Commission may make reasonable estimates on the 
        basis of available statistics.

        (D) Regional industries

            In an investigation in which the Commission makes a regional 
        industry determination under paragraph (4)(C), the Commission's 
        examination under subparagraphs (A) and (B) shall be based upon 
        the volume of subject merchandise exported for sale in the 
        regional market in lieu of the volume of all subject merchandise 
        imported into the United States.

                      (25) Subject merchandise

        The term ``subject merchandise'' means the class or kind of 
    merchandise that is within the scope of an investigation, a review, 
    a suspension agreement, an order under this subtitle or section 1303 
    of this title, or a finding under the Antidumping Act, 1921.

                          (26) Section 1303

        The terms ``section 1303'' and ``1303'' mean section 1303 of 
    this title as in effect on the day before the effective date of 
    title II of the Uruguay Round Agreements Act.

                      (27) Suspension agreement

        The term ``suspension agreement'' means an agreement described 
    in section 1671c(b), 1671c(c), 1673c(b), 1673c(c), or 1673c(l) of 
    this title.

                      (28) Exporter or producer

        The term ``exporter or producer'' means the exporter of the 
    subject merchandise, the producer of the subject merchandise, or 
    both where appropriate. For purposes of section 1677b of this title, 
    the term ``exporter or producer'' includes both the exporter of the 
    subject merchandise and the producer of the same subject merchandise 
    to the extent necessary to accurately calculate the total amount 
    incurred and realized for costs, expenses, and profits in connection 
    with production and sale of that merchandise.

                         (29) WTO Agreement

        The term ``WTO Agreement'' means the Agreement defined in 
    section 3501(9) of this title.

               (30) WTO member and WTO member country

        The terms ``WTO member'' and ``WTO member country'' mean a 
    state, or separate customs territory (within the meaning of Article 
    XII of the WTO Agreement), with respect to which the United States 
    applies the WTO Agreement.

                           (31) GATT 1994

        The term ``GATT 1994'' means the General Agreement on Tariffs 
    and Trade annexed to the WTO Agreement.

                      (32) Trade representative

        The term ``Trade Representative'' means the United States Trade 
    Representative.

                       (33) Affiliated persons

        The following persons shall be considered to be ``affiliated'' 
    or ``affiliated persons'':
            (A) Members of a family, including brothers and sisters 
        (whether by the whole or half blood), spouse, ancestors, and 
        lineal descendants.
            (B) Any officer or director of an organization and such 
        organization.
            (C) Partners.
            (D) Employer and employee.
            (E) Any person directly or indirectly owning, controlling, 
        or holding with power to vote, 5 percent or more of the 
        outstanding voting stock or shares of any organization and such 
        organization.
            (F) Two or more persons directly or indirectly controlling, 
        controlled by, or under common control with, any person.
            (G) Any person who controls any other person and such other 
        person.

    For purposes of this paragraph, a person shall be considered to 
    control another person if the person is legally or operationally in 
    a position to exercise restraint or direction over the other person.

                        (34) Dumped; dumping

        The terms ``dumped'' and ``dumping'' refer to the sale or likely 
    sale of goods at less than fair value.

        (35) Dumping margin; weighted average dumping margin

        (A) Dumping margin

            The term ``dumping margin'' means the amount by which the 
        normal value exceeds the export price or constructed export 
        price of the subject merchandise.

        (B) Weighted average dumping margin

            The term ``weighted average dumping margin'' is the 
        percentage determined by dividing the aggregate dumping margins 
        determined for a specific exporter or producer by the aggregate 
        export prices and constructed export prices of such exporter or 
        producer.

        (C) Magnitude of the margin of dumping

            The magnitude of the margin of dumping used by the 
        Commission shall be--
                (i) in making a preliminary determination under section 
            1673b(a) of this title in an investigation (including any 
            investigation in which the Commission cumulatively assesses 
            the volume and effect of imports under paragraph (7)(G)(i)), 
            the dumping margin or margins published by the administering 
            authority in its notice of initiation of the investigation;
                (ii) in making a final determination under section 
            1673d(b) of this title, the dumping margin or margins most 
            recently published by the administering authority prior to 
            the closing of the Commission's administrative record;
                (iii) in a review under section 1675(b)(2) of this 
            title, the most recent dumping margin or margins determined 
            by the administering authority under section 1675a(c)(3) of 
            this title, if any, or under section 1673b(b) or 1673d(a) of 
            this title; and
                (iv) in a review under section 1675(c) of this title, 
            the dumping margin or margins determined by the 
            administering authority under section 1675a(c)(3) of this 
            title.

             (36) Developing and least developed country

        (A) Developing country

            The term ``developing country'' means a country designated 
        as a developing country by the Trade Representative.

        (B) Least developed country

            The term ``least developed country'' means a country which 
        the Trade Representative determines is--
                (i) a country referred to as a least developed country 
            within the meaning of paragraph (a) of Annex VII to the 
            Subsidies Agreement, or
                (ii) any other country listed in Annex VII to the 
            Subsidies Agreement, but only if the country has a per 
            capita gross national product of less than $1,000 per annum 
            as measured by the most recent data available from the World 
            Bank.

        (C) Publication of list

            The Trade Representative shall publish in the Federal 
        Register, and update as necessary, a list of--
                (i) developing countries that have eliminated their 
            export subsidies on an expedited basis within the meaning of 
            Article 27.11 of the Subsidies Agreement, and
                (ii) countries determined by the Trade Representative to 
            be least developed or developing countries.

        (D) Factors to consider

            In determining whether a country is a developing country 
        under subparagraph (A), the Trade Representative shall consider 
        such economic, trade, and other factors which the Trade 
        Representative considers appropriate, including the level of 
        economic development of such country (the assessment of which 
        shall include a review of the country's per capita gross 
        national product) and the country's share of world trade.

        (E) Limitation on designation

            A determination that a country is a developing or least 
        developed country pursuant to this paragraph shall be for 
        purposes of this subtitle only and shall not affect the 
        determination of a country's status as a developing or least 
        developed country with respect to any other law.

(June 17, 1930, ch. 497, title VII, Sec. 771, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 176; amended Pub. L. 98-573, 
title VI, Sec. 612(a), Oct. 30, 1984, 98 Stat. 3033; Pub. L. 99-514, 
title XVIII, Sec. 1886(a)(9), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 
100-418, title I, Secs. 1312, 1316(b), 1326(a)-(c), 1327-1330, 1335, 
Aug. 23, 1988, 102 Stat. 1184, 1187, 1203-1206, 1210; Pub. L. 100-449, 
title IV, Sec. 403(d), Sept. 28, 1988, 102 Stat. 1887; Pub. L. 100-647, 
title IX, Sec. 9001(a)(5), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 101-
382, title I, Sec. 139(a)(3), title II, Sec. 224(a), (b), Aug. 20, 1990, 
104 Stat. 653, 659, 660; Pub. L. 103-182, title IV, Sec. 412(b), title 
VI, Sec. 637(b), Dec. 8, 1993, 107 Stat. 2146, 2203; Pub. L. 103-465, 
title II, Secs. 221(b), 222, 229(b), 233(a)(3), (4), (5)(BB)-(FF), (b), 
251, 266, 267, 270(c)(2), (e), Dec. 8, 1994, 108 Stat. 4869, 4890, 4898-
4902, 4915, 4917, 4918; Pub. L. 104-295, Sec. 20(b)(7), (14), Oct. 11, 
1996, 110 Stat. 3527.)

                       References in Text

    The Caribbean Basin Economic Recovery Act, referred to in par. 
(7)(G)(ii)(III), is title II of Pub. L. 98-67, Aug. 5, 1983, 97 Stat. 
384, as amended, which is classified principally to chapter 15 
(Sec. 2701 et seq.) of this title. For complete classification of this 
Act to the Code, see Short Title note set out under section 2701 of this 
title and Tables.
    The Harmonized Tariff Schedule of the United States, referred to in 
par. (20)(A), is not set out in the Code. See Publication of Harmonized 
Tariff Schedule note set out under section 1202 of this title.
    Section 1303 of this title, referred to in pars. (20)(A), (25), and 
(26), was repealed, effective Jan. 1, 1995, by Pub. L. 103-465, title 
II, Sec. 261(a), Dec. 8, 1994, 108 Stat. 4908. For savings provisions 
and treatment of references to section 1303 in other laws, see section 
261(b), (d)(1)(C) of Pub. L. 103-465, set out as notes under section 
1303 of this title.
    The Antidumping Act, 1921, referred to in par. (25), is act May 27, 
1921, ch. 14, title II, 42 Stat. 11, as amended, which was classified 
generally to sections 160 to 171 of this title, and was repealed by Pub. 
L. 96-39, title I, Sec. 106(a), July 26, 1979, 93 Stat. 193.
    For the effective date of title II of the Uruguay Round Agreements 
Act, referred to in par. (26), as Jan. 1, 1995, see Effective Date of 
1994 Amendment note set out under section 1671 of this title.


                               Amendments

    1996--Par. (16)(C)(i). Pub. L. 104-295, Sec. 20(b)(7), which 
directed substitution of ``subject merchandise'' for ``merchandise which 
is the subject of the investigation'' in subpar. (B)(i), was executed by 
making the substitution in subpar. (C)(i) to reflect the probable intent 
of Congress.
    Par. (30). Pub. L. 104-295, Sec. 20(b)(14), substituted 
``Agreement'' for ``agreement'' after ``applies the WTO''.
    1994--Par. (1). Pub. L. 103-465, Sec. 233(b)(2), substituted 
``Secretary of Commerce'' for ``Secretary of the Treasury''.
    Par. (4)(A). Pub. L. 103-465, Sec. 222(a)(1), amended heading and 
text of subpar. (A) generally. Prior to amendment, text read as follows: 
``The term `industry' means the domestic producers as a whole of a like 
product, or those producers whose collective output of the like product 
constitutes a major proportion of the total domestic production of that 
product; except that in the case of wine and grape products subject to 
investigation under this subtitle, the term also means the domestic 
producers of the principal raw agricultural product (determined on 
either a volume or value basis) which is included in the like domestic 
product, if those producers allege material injury, or threat of 
material injury, as a result of imports of such wine and grape 
products.''
    Par. (4)(B). Pub. L. 103-465, Sec. 222(a)(1), amended heading and 
text of subpar. (B) generally. Prior to amendment, text read as follows: 
``When some producers are related to the exporters or importers, or are 
themselves importers of the allegedly subsidized or dumped merchandise, 
the term `industry' may be applied in appropriate circumstances by 
excluding such producers from those included in that industry.''
    Par. (4)(C). Pub. L. 103-465, Sec. 270(c)(2), in concluding 
provisions, substituted ``dumped imports or imports of merchandise 
benefiting from a countervailable subsidy'' for ``subsidized or dumped 
imports'' in two places.
    Pub. L. 103-465, Secs. 222(a)(2), 233(a)(3)(A)(i), substituted 
``domestic like product'' for ``like product'' in cl. (i) and concluding 
provisions, and inserted at end of concluding provisions ``The term 
`regional industry' means the domestic producers within a region who are 
treated as a separate industry under this subparagraph.''
    Par. (4)(D). Pub. L. 103-465, Secs. 233(a)(3)(A)(i), 270(c)(2), 
substituted ``domestic like product'' for ``like product'' wherever 
appearing and ``dumped imports or imports of merchandise benefiting from 
a countervailable subsidy'' for ``subsidized or dumped imports'' in two 
places.
    Pars. (5) to (5B). Pub. L. 103-465, Sec. 251(a), added pars. (5) to 
(5B), and struck out former par. (5) which defined ``subsidy''.
    Par. (6). Pub. L. 103-465, Sec. 251(b), inserted ``countervailable'' 
before ``subsidy'' wherever appearing in heading and text.
    Par. (7)(B)(i)(I). Pub. L. 103-465, Sec. 233(a)(5)(BB), substituted 
``subject merchandise'' for ``merchandise which is the subject of the 
investigation''.
    Par. (7)(B)(i)(II), (III), (C)(ii)(I). Pub. L. 103-465, 
Sec. 233(a)(3)(B), substituted ``domestic like products'' for ``like 
products''.
    Par. (7)(C)(iii). Pub. L. 103-465, Sec. 222(b)(3), substituted 
``subparagraph (B)(i)(III)'' for ``subparagraph (B)(iii)'' in 
introductory provisions.
    Par. (7)(C)(iii)(IV). Pub. L. 103-465, Sec. 233(a)(3)(A)(ii), 
substituted ``domestic like product'' for ``like product''.
    Par. (7)(C)(iii)(V). Pub. L. 103-465, Sec. 222(b)(1), added subcl. 
(V).
    Par. (7)(C)(iv). Pub. L. 103-465, Sec. 222(b)(2), added cl. (iv) and 
struck out former cl. (iv) which directed that Commission cumulatively 
assess volume and effect of imports from two or more countries of like 
products subject to investigation if such imports compete with each 
other and with like products of domestic industry in United States 
market, with an exception for imports which are products of country 
designated as beneficiary country under Caribbean Basin Economic 
Recovery Act.
    Par. (7)(C)(v). Pub. L. 103-465, Sec. 222(d)(1), struck out heading 
and text of cl. (v). Prior to amendment, text read as follows: ``The 
Commission is not required to apply clause (iv) or subparagraph (F)(iv) 
in any case in which the Commission determines that imports of the 
merchandise subject to investigation are negligible and have no 
discernable adverse impact on the domestic industry. For purposes of 
making such determination, the Commission shall evaluate all relevant 
economic factors regarding the imports, including, but not limited to, 
whether--
        ``(I) the volume and market share of the imports are negligible,
        ``(II) sales transactions involving the imports are isolated and 
    sporadic, and
        ``(III) the domestic market for the like product is price 
    sensitive by reason of the nature of the product, so that a small 
    quantity of imports can result in price suppression or depression.
For purposes of this clause, the Commission may treat as negligible and 
having no discernable adverse impact on the domestic industry imports 
that are the product of any country that is a party to a free trade area 
agreement with the United States which entered into force and effect 
before January 1, 1987, if the Commission determines that the domestic 
industry is not being materially injured by reason of such imports.''
    Par. (7)(E)(i). Pub. L. 103-465, Sec. 266, amended heading and text 
of cl. (i) generally. Prior to amendment, text read as follows: ``In 
determining whether there is a threat of material injury, the Commission 
shall consider such information as may be presented to it by the 
administering authority as to the nature of the subsidy (particularly as 
to whether the subsidy is an export subsidy inconsistent with the 
Agreement) provided by a foreign country and the effects likely to be 
caused by the subsidy.''
    Par. (7)(F)(i), (ii). Pub. L. 103-465, Sec. 222(c), amended cls. (i) 
and (ii) generally, substituting present provisions for provisions which 
listed factors in determining as well as basis for determining that an 
industry is threatened with material injury by reason of imports (or 
sales for importation) of the subject merchandise.
    Par. (7)(F)(iii)(I), (II). Pub. L. 103-465, Sec. 233(b)(1)(A), in 
subcl. (I), substituted ``WTO member'' for ``GATT member'', and in 
subcl. (II), substituted ``WTO member'' for ``GATT member'' in heading 
and text before ``market'', and ``WTO member.'' for ``signatory to The 
Agreement on Implementation of Article VI of the General Agreement on 
Tariffs and Trade (relating to antidumping measures).''
    Par. (7)(F)(iv). Pub. L. 103-465, Sec. 222(e)(1), struck out heading 
and text of cl. (iv). Prior to amendment, text read as follows: ``To the 
extent practicable and subject to subparagraph (C)(iv)(II) and (v), for 
purposes of clause (i)(III) and (IV) the Commission may cumulatively 
assess the volume and price effects of imports from two or more 
countries if such imports--
        ``(I) compete with each other, and with like products of the 
    domestic industry, in the United States market, and
        ``(II) are subject to any investigation under section 1303, 
    1671, or 1673 of this title.''
    Par. (7)(G), (H). Pub. L. 103-465, Sec. 222(e)(2), added subpars. 
(G) and (H).
    Par. (7)(I). Pub. L. 103-465, Sec. 222(f), added subpar. (I).
    Par. (8). Pub. L. 103-465, Sec. 270(e), amended heading and text of 
par. (8) generally. Prior to amendment, text read as follows: ``The 
terms `Agreement on Subsidies and Countervailing Measures' and 
`Agreement' mean the Agreement on Interpretation and Application of 
Articles VI, XVI, and XXIII of the General Agreement on Tariffs and 
Trade (relating to subsidies and countervailing measures) approved under 
section 2503(a) of this title.''
    Par. (9)(A). Pub. L. 103-465, Secs. 222(g)(1), 233(a)(5)(CC), 
substituted ``subject merchandise'' for ``merchandise which is the 
subject of an investigation under this subtitle'' and inserted 
``producers, exporters, or'' before ``importers''.
    Par. (9)(B). Pub. L. 103-465, Sec. 222(g)(2), inserted ``or from 
which such merchandise is exported'' after ``manufactured''.
    Par. (9)(C) to (F). Pub. L. 103-465, Sec. 233(a)(3)(A)(iii), 
substituted ``domestic like product'' for ``like product''.
    Par. (10). Pub. L. 103-465, Sec. 233(a)(3)(A)(iii), substituted 
``domestic like product'' for ``like product'' in heading and text.
    Par. (11). Pub. L. 103-465, Sec. 221(b), inserted ``, including a 
determination under section 1675 of this title,'' after ``determination 
by the Commission'' in introductory provisions.
    Par. (13). Pub. L. 103-465, Sec. 222(i)(2), struck out heading and 
text of par. (13). Text read as follows: ``For the purpose of 
determining United States price, the term `exporter' includes the person 
by whom or for whose account the merchandise is imported into the United 
States if--
        ``(A) such person is the agent or principal of the exporter, 
    manufacturer, or producer;
        ``(B) such person owns or controls, directly or indirectly, 
    through stock ownership or control or otherwise, any interest in the 
    business of the exporter, manufacturer, or producer;
        ``(C) the exporter, manufacturer, or producer owns or controls, 
    directly or indirectly, through stock ownership or control or 
    otherwise, any interest in any business conducted by such person; or
        ``(D) any person or persons, jointly or severally, directly or 
    indirectly, through stock ownership or control or otherwise, own or 
    control in the aggregate 20 percent or more of the voting power or 
    control in the business carried on by the person by whom or for 
    whose account the merchandise is imported into the United States, 
    and also 20 percent or more of such power or control in the business 
    of the exporter, manufacturer, or producer.''
    Par. (15). Pub. L. 103-465, Sec. 222(h), substituted ``subject 
merchandise'' for ``merchandise which is the subject of an 
investigation'' and inserted at end ``The administering authority shall 
consider the following sales and transactions, among others, to be 
outside the ordinary course of trade:
        ``(A) Sales disregarded under section 1677b(b)(1) of this title.
        ``(B) Transactions disregarded under section 1677b(f)(2) of this 
    title.''
    Par. (16). Pub. L. 103-465, Sec. 233(a)(4), substituted ``Foreign 
like product'' for ``Such or similar merchandise'' as heading and 
``foreign like product'' for ``such or similar merchandise'' in 
introductory provisions.
    Par. (16)(A). Pub. L. 103-465, Sec. 233(a)(5)(DD), substituted 
``subject merchandise'' for ``merchandise which is the subject of an 
investigation''.
    Par. (16)(B)(i). Pub. L. 103-465, Sec. 233(a)(5)(EE), which directed 
the substitution of ``subject merchandise'' for ``merchandise which is 
the subject of an investigation'', was executed by making the 
substitution for text which contained the words ``the investigation'' 
rather than ``an investigation'', to reflect the probable intent of 
Congress.
    Par. (17). Pub. L. 103-465, Sec. 233(a)(5)(FF), substituted 
``subject merchandise'' for ``merchandise which is the subject of the 
investigation''.
    Par. (24). Pub. L. 103-465, Sec. 222(d)(2), added par. (24).
    Pars. (25) to (34). Pub. L. 103-465, Sec. 222(i)(1), added pars. 
(25) to (34).
    Par. (35). Pub. L. 103-465, Sec. 229(b), added par. (35).
    Par. (36). Pub. L. 103-465, Sec. 267, added par. (36).
    1993--Pars. (18), (21). Pub. L. 103-182, Sec. 412(b)(1), 
redesignated par. (18), relating to United States-Canada Agreement, as 
(21).
    Par. (22). Pub. L. 103-182, Sec. 412(b)(2), added (22).
    Par. (23). Pub. L. 103-182, Sec. 637(b), added par. (23).
    1990--Par. (7)(C)(iv). Pub. L. 101-382, Sec. 224(a), amended cl. 
(iv) generally. Prior to amendment, cl. (iv) read as follows: ``For 
purposes of clauses (i) and (ii), the Commission shall cumulatively 
assess the volume and effect of imports from two or more countries of 
like products subject to investigation if such imports compete with each 
other and with like products of the domestic industry in the United 
States market.''
    Par. (7)(F)(iv). Pub. L. 101-382, Sec. 224(b), substituted 
``(C)(iv)(II) and (v)'' for ``(C)(v)''.
    Par. (20)(A). Pub. L. 101-382, Sec. 139(a)(3), substituted ``chapter 
98 of the Harmonized Tariff Schedule'' for ``schedule 8 of the Tariff 
Schedules''.
    1988--Par. (4)(E). Pub. L. 100-418, Sec. 1326(a), added subpar. (E).
    Par. (5). Pub. L. 100-418, Sec. 1312, amended par. (5) generally. 
Prior to amendment, par. (5) read as follows: ``The term `subsidy' has 
the same meaning as the term `bounty or grant' as that term is used in 
section 1303 of this title, and includes, but is not limited to, the 
following:
        ``(A) Any export subsidy described in Annex A to the Agreement 
    (relating to illustrative list of export subsidies).
        ``(B) The following domestic subsidies, if provided or required 
    by government action to a specific enterprise or industry, or group 
    of enterprises or industries, whether publicly or privately owned, 
    and whether paid or bestowed directly or indirectly on the 
    manufacture, production, or export of any class or kind of 
    merchandise:
            ``(i) The provision of capital, loans, or loan guarantees on 
        terms inconsistent with commercial considerations.
            ``(ii) The provision of goods or services at preferential 
        rates.
            ``(iii) The grant of funds or forgiveness of debt to cover 
        operating losses sustained by a specific industry.
            ``(iv) The assumption of any costs or expenses of 
        manufacture, production, or distribution.''
    Par. (7)(B). Pub. L. 100-418, Sec. 1328(1), amended subpar. (B) 
generally. Prior to amendment, subpar. (B) read as follows: ``In making 
its determinations under sections 1671b(a), 1671d(b), 1673b(a), and 
1673d(b) of this title, the Commission shall consider, among other 
factors--
        ``(i) the volume of imports of the merchandise which is the 
    subject of the investigation,
        ``(ii) the effect of imports of that merchandise on prices in 
    the United States for like products, and
        ``(iii) the impact of imports of such merchandise on domestic 
    producers of like products.''
    Par. (7)(C). Pub. L. 100-418, Sec. 1328(2), in heading substituted 
``relevant factors'' for ``volume and of price effects'', in cl. (ii)(I) 
substituted ``underselling'' for ``undercutting'', and in cl. (iii) 
inserted ``domestic'' in heading and amended text generally. Prior to 
amendment, text of cl. (iii) read as follows: ``In examining the impact 
on the affected industry, the Commission shall evaluate all relevant 
economic factors which have a bearing on the state of the industry, 
including, but not limited to--
        ``(I) actual and potential decline in output, sales, market 
    share, profits, productivity, return on investments, and utilization 
    of capacity,
        ``(II) factors affecting domestic prices, and
        ``(III) actual and potential negative effects on cash flow, 
    inventories, employment, wages, growth, ability to raise capital, 
    and investment.''
    Par. (7)(C)(v). Pub. L. 100-418, Sec. 1330(b), added cl. (v).
    Par. (7)(F)(i)(IX). Pub. L. 100-418, Sec. 1326(b), which directed 
that par. (7)(F) be amended by adding subcl. (IX), was executed by 
adding subcl. (IX) to par. (7)(F)(i) to reflect the probable intent of 
Congress.
    Par. (7)(F)(i)(X). Pub. L. 100-418, Sec. 1329(1)-(3), added subcl. 
(X).
    Par. (7)(F)(iii). Pub. L. 100-418, Sec. 1329(4), added cl. (iii).
    Par. (7)(F)(iv). Pub. L. 100-418, Sec. 1330(a), added cl. (iv).
    Par. (9)(G). Pub. L. 100-418, Sec. 1326(c), added subpar. (G).
    Par. (18). Pub. L. 100-449 added par. (18) relating to United 
States-Canada Agreement.
    Pub. L. 100-418, Sec. 1316(b), added par. (18) relating to nonmarket 
economy country.
    Par. (19). Pub. L. 100-647 redesignated par. (19), relating to 
application to governmental importations, as (20).
    Pub. L. 100-418, Sec. 1335, added par. (19) relating to application 
to governmental importations.
    Pub. L. 100-418, Sec. 1327, added par. (19) relating to equivalency 
of leases to sales.
    Par. (20). Pub. L. 100-647 redesignated par. (19), relating to 
application to governmental importations, as (20).
    1986--Par. (7)(F)(i). Pub. L. 99-514 substituted ``the merchandise'' 
for ``any merchandise'' in introductory provisions and ``final orders'' 
for ``find orders'' in subcl. (VIII).
    1984--Par. (4)(A). Pub. L. 98-573, Sec. 612(a)(1), inserted 
provision that in the case of wine and grape products subject to 
investigation under this subtitle, the term also means the domestic 
producers of the principal raw agricultural product (determined on 
either a volume or value basis) which is included in the like domestic 
product, if those producers allege material injury, or threat of 
material injury, as a result of imports of such wine and grape products.
    Par. (7)(C)(iv). Pub. L. 98-623, Sec. 612(a)(2)(A), added cl. (iv).
    Par. (7)(F). Pub. L. 98-573, Sec. 612(a)(2)(B), added subpar. (F).
    Par. (9)(F). Pub. L. 98-573, Sec. 612(a)(3), added subpar. (F).
    Par. (14)(A), (B). Pub. L. 98-573, Sec. 612(a)(4), substituted ``in 
commercial quantities'' for ``at wholesale''.
    Par. (17). Pub. L. 98-573, Sec. 612(a)(5), substituted ``commercial 
quantities'' for ``wholesale quantities''.


                    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 1993 Amendment

    Amendment by section 412(b) of Pub. L. 103-182 effective on the date 
the North American Free Trade Agreement enters into force with respect 
to the United States [Jan. 1, 1994], but not applicable to any final 
determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or 
(iii) of this title, notice of which is published in the Federal 
Register before such date, or to a determination described in section 
1516a(a)(2)(B)(vi) of this title, notice of which is received by the 
Government of Canada or Mexico before such date, or to any binational 
panel review under the United States-Canada Free-Trade Agreement, or to 
any extraordinary challenge arising out of any such review that was 
commenced before such date, see section 416 of Pub. L. 103-182, set out 
as an Effective Date note under section 3431 of this title.


                    Effective Date of 1990 Amendment

    Section 224(c) of Pub. L. 101-382 provided that: ``The amendments 
made by subsections (a) and (b) [amending this section] apply with 
respect to investigations (including investigations regarding products 
of Canadian origin) initiated under section 702 or 732 of the Tariff Act 
of 1930 [19 U.S.C. 1671a, 1673a] on or after the date of the enactment 
of this Act [Aug. 20, 1990].''


           Effective and Termination Dates of 1988 Amendments

    Amendment by Pub. L. 100-647 applicable as if such amendment took 
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out 
as a note under section 58c of this title.
    Amendment by Pub. L. 100-449 effective on date United States-Canada 
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to 
have effect on date Agreement ceases to be in force, see section 501(a), 
(c) of Pub. L. 100-449, set out in a note under section 2112 of this 
title.
    Amendment by sections 1312, 1316(b), 1326(a)-(c), and 1327-1329 of 
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 an Effective Date of 1988 Amendment note under 
section 1671 of this title.
    Amendment by section 1330 of Pub. L. 100-418 applicable with respect 
to investigations initiated after Aug. 23, 1988, see section 1337(c) of 
Pub. L. 100-418.
    Amendment by section 1335 of Pub. L. 100-418 applicable with respect 
to entries, and withdrawals from warehouse for consumption, that are 
liquidated on or after Aug. 23, 1988, see section 1337(e) of Pub. L. 
100-418.


            Effective and Termination Dates of 1984 Amendment

    Amendment by 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; but provisions of 
this subtitle not to be interpreted to prevent refiling of a petition 
under section 1671a or 1673a of this title that was filed before Oct. 
30, 1984, if the purpose of refiling was to avail petitioner of 
amendment of par. (4)(A) of this section by Pub. L. 98-573, and such 
amendment of par. (4)(A) inapplicable to petitions filed (or refiled) 
under section 1671a or 1673a of this title after Sept. 30, 1986, see 
section 626(b)(1), (c)(1), (2) of Pub. L. 98-573, as amended, set out as 
an Effective Date of 1984 Amendment note under section 1671 of this 
title.


                             Effective Date

    Part effective Jan. 1, 1980, see section 107 of Pub. L. 96-39, set 
out as a note under section 1671 of this title.

                          Transfer of Functions

    All functions of the Secretary of the Treasury under this subtitle 
were transferred to the Secretary of Commerce pursuant to Reorg. Plan 
No. 3 of 1979, Sec. 5(a)(1)(C), 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 
2, 1980, as provided by section 1-107(a) of Ex. Ord. No. 12188, Jan. 2, 
1980, 45 F.R. 993, set out as notes under section 2171 of this title, 
except that the Customs Service of the Department of the Treasury shall 
accept such deposits, bonds, or other security as deemed appropriate by 
the Secretary of Commerce, assess and collect such duties as directed by 
the Secretary of Commerce, and furnish such of its important records or 
copies thereof as requested by the Secretary incident to the functions 
transferred.


               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.


              Effect of Termination of NAFTA Country Status

    For provisions relating to effect of termination of NAFTA country 
status on the provisions of sections 401 to 416 of Pub. L. 103-182, see 
section 3451 of this title.


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to any plan, 
such plan amendment shall not be required to be made before the first 
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. 
L. 99-514, as amended, set out as a note under section 401 of Title 26, 
Internal Revenue Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 1337, 1516, 1516a, 1671a, 
1671b, 1671c, 1671e, 1673a, 1673b, 1673c, 1673e, 1675, 1675a, 1675b, 
1677-1, 1677a, 1677b, 1677d, 1677m, 3435, 3531, 3538, 3571, 3572 of this 
title; title 28 section 2631.
