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

U.S Code last checked for updates: May 04, 2024

§ 1675b.

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

(a)

In general

(1)

Investigation by the commission upon request

In the case of a countervailing duty order described in paragraph (2), which—

(A)

applies to merchandise that is the product of a Subsidies Agreement country, and

(B)

(i)

is in effect on the date on which such country becomes a Subsidies Agreement country, or

(ii)

is issued on a date that is after the date described in clause (i) pursuant to a court order in an action brought under section 1516a of this title,

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

(2)

Description of countervailing duty orders

(3)

Requirements of request for investigation

A request for an investigation under this subsection shall be submitted—

(A)

in the case of an order described in paragraph (1)(B)(i), within 6 months after the date on which the country described in paragraph (1)(A) becomes a Subsidies Agreement country, or

(B)

in the case of an order described in paragraph (1)(B)(ii), within 6 months after the date the order is issued.

(4)

Suspension of liquidation

With respect to entries of subject merchandise made on or after—

(A)

in the case of an order described in paragraph (1)(B)(i), the date on which the country described in paragraph (1)(A) becomes a Subsidies Agreement country, or

(B)

in the case of an order described in paragraph (1)(B)(ii), the date on which the order is issued,

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

(b)

Investigation procedure and schedule

(1)

Commission procedure

(A)

In general

(B)

Time for Commission determination

(C)

Special rule to permit administrative flexibility

(2)

Net countervailable subsidy; nature of subsidy

(A)

Net countervailable subsidy

(B)

Nature of subsidy

(3)

Effect of Commission determination

(A)

Affirmative determination

Upon being notified by the Commission that it has made an affirmative determination under subsection (a)(1)—

(i)

the administering authority shall order the termination of the suspension of liquidation required pursuant to subsection (a)(4), and

(ii)

the countervailing duty order shall remain in effect until revoked, in whole or in part, under section 1675(d) of this title.

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

(B)

Negative determination

(i)

In general

(ii)

Limitation on negative determination

(4)

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

(c)

Pending and suspended countervailing duty investigations

If, on the date on which a country becomes a Subsidies Agreement country, there is a countervailing duty investigation in progress or suspended under section 1303 ¹ of this title or section 1671(c) of this title that applies to merchandise which is a product of that country and with respect to which the requirement of an affirmative determination of material injury was not applicable at the time the investigation was initiated, the Commission shall—

(1)

in the case of an investigation in progress, make a final determination under section 1671d(b) of this title within 75 days after the date of an affirmative final determination, if any, by the administering authority,

(2)

in the case of a suspended investigation to which section 1671c(i)(1)(B) of this title applies, make a final determination under section 1671d(b) of this title within 120 days after receiving notice from the administering authority of the resumption of the investigation pursuant to section 1671c(i) of this title, or within 45 days after the date of an affirmative final determination, if any, by the administering authority, whichever is later, or

(3)

in the case of a suspended investigation to which section 1671c(i)(1)(C) of this title applies, treat the countervailing duty order issued pursuant to such section as if it were—

(A)

an order issued under subsection (a)(1)(B)(ii) for purposes of subsection (a)(3); and

(B)

an order issued under subsection (a)(1)(B)(i) for purposes of subsection (a)(4).

(d)

Publication in Federal Register

(e)

Request for simultaneous expedited review under section 1675(c)

(1)

General rule

(A)

Requests for reviews

(B)

Exception

(2)

Cumulation

(3)

Time and procedure for Commission determination

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

cite as: 19 USC 1675b