U.S Code last checked for updates: May 07, 2024
§ 1673b.
Preliminary determinations
(a)
Determination by Commission of reasonable indication of injury
(1)
General rule
Except in the case of a petition dismissed by the administering authority under section 1673a(c)(3) of this title, the Commission, within the time specified in paragraph (2), shall determine, based on the information available to it at the time of the determination, whether there is a reasonable indication that—
(A)
an industry in the United States—
(i)
is materially injured, or
(ii)
is threatened with material injury, or
(B)
the establishment of an industry in the United States is materially retarded,
by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible. If the Commission finds that imports of the subject merchandise are negligible or otherwise makes a negative determination under this paragraph, the investigation shall be terminated.
(2)
Time for Commission determination
The Commission shall make the determination described in paragraph (1)—
(A)
in the case of a petition filed under section 1673a(b) of this title
(i)
within 45 days after the date on which the petition is filed, or
(ii)
if the time has been extended pursuant to section 1673a(c)(1)(B) of this title, within 25 days after the date on which the Commission receives notice from the administering authority of initiation of the investigation, and
(B)
in the case of an investigation initiated under section 1673a(a) of this title, within 45 days after the date on which the Commission receives notice from the administering authority that an investigation has been initiated under such section.
(b)
Preliminary determination by administering authority
(1)
Period of antidumping duty investigation
(A)
In general
(B)
If certain short life cycle merchandise involved
If a petition filed under section 1673a(b) of this title, or an investigation initiated under section 1673a(a) of this title, concerns short life cycle merchandise that is included in a product category established under section 1673h(a) of this title, subparagraph (A) shall be applied—
(i)
by substituting “100 days” for “140 days” if manufacturers that are second offenders account for a significant proportion of the merchandise under investigation, and
(ii)
by substituting “80 days” for “140 days” if manufacturers that are multiple offenders account for a significant proportion of the merchandise under investigation.
(C)
Definitions of offenders
For purposes of subparagraph (B)—
(i)
The term “second offender” means a manufacturer that is specified in 2 affirmative dumping determinations (within the meaning of section 1673h of this title) as the manufacturer of short life cycle merchandise that is—
(I)
specified in both such determinations, and
(II)
within the scope of the product category referred to in subparagraph (B).
(ii)
The term “multiple offender” means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of section 1673h of this title) as the manufacturer of short life cycle merchandise that is—
(I)
specified in each of such determinations, and
(II)
within the scope of the product category referred to in subparagraph (B).
(2)
Preliminary determination under waiver of verification
(3)
De minimis dumping margin
(c)
Extension of period in extraordinarily complicated cases
(1)
In general
If—
(A)
the petitioner makes a timely request for an extension of the period within which the determination must be made under subsection (b)(1), or
(B)
the administering authority concludes that the parties concerned are cooperating and determines that—
(i)
the case is extraordinarily complicated by reason of—
(I)
the number and complexity of the transactions to be investigated or adjustments to be considered,
(II)
the novelty of the issues presented, or
(III)
the number of firms whose activities must be investigated, and
(ii)
additional time is necessary to make the preliminary determination,
then the administering authority may postpone making the preliminary determination under subsection (b)(1) until not later than the 190th day after the date on which the administering authority initiates an investigation under section 1673a(c) of this title, or an investigation is initiated under section 1673a(a) of this title. No extension of a determination date may be made under this paragraph for any investigation in which a determination date provided for in subsection (b)(1)(B) applies unless the petitioner submits written notice to the administering authority of its consent to the extension.
(2)
Notice of postponement
(d)
Effect of determination by the administering authority
If the preliminary determination of the administering authority under subsection (b) of this section is affirmative, the administering authority—
(1)
(A)
shall—
(i)
determine an estimated weighted average dumping margin for each exporter and producer individually investigated, and
(ii)
determine, in accordance with section 1673d(c)(5) of this title, an estimated all-others rate for all exporters and producers not individually investigated, and
(B)
shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated weighted average dumping margin or the estimated all-others rate, whichever is applicable,
(2)
shall order the suspension of liquidation of all entries of merchandise subject to the determination which are entered, or withdrawn from warehouse, for consumption on or after the later of—
(A)
the date on which notice of the determination is published in the Federal Register, or
(B)
the date that is 60 days after the date on which notice of the determination to initiate the investigation is published in the Federal Register, and
(3)
shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its injury determination, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to which confidential treatment has been given by the administering authority.
The instructions of the administering authority under paragraphs (1) and (2) may not remain in effect for more than 4 months, except that the administering authority may, at the request of exporters representing a significant proportion of exports of the subject merchandise, extend that 4-month period to not more than 6 months.
(e)
Critical circumstances determinations
(1)
In general
If a petitioner alleges critical circumstances in its original petition, or by amendment at any time more than 20 days before the date of a final determination by the administering authority, then the administering authority shall promptly (at any time after the initiation of the investigation under this part) determine, on the basis of the information available to it at that time, whether there is a reasonable basis to believe or suspect that—
(A)
(i)
there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or
(ii)
the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales, and
(B)
there have been massive imports of the subject merchandise over a relatively short period.
The administering authority shall be treated as having made an affirmative determination under subparagraph (A) in any investigation to which subsection (b)(1)(B) is applied.
(2)
Suspension of liquidation
If the determination of the administering authority under paragraph (1) is affirmative, then any suspension of liquidation ordered under subsection (d)(2) shall apply, or, if notice of such suspension of liquidation is already published, be amended to apply, to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of—
(A)
the date which is 90 days before the date on which the suspension of liquidation was first ordered, or
(B)
the date on which notice of the determination to initiate the investigation is published in the Federal Register.
(f)
Notice of determination
(June 17, 1930, ch. 497, title VII, § 733, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 163; amended Pub. L. 99–514, title XVIII, § 1886(a)(2), Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100–418, title I, §§ 1323(b), 1324(b)(2), 1326(d)(1), Aug. 23, 1988, 102 Stat. 1198, 1201, 1204; Pub. L. 103–465, title II, §§ 212(b)(2)(A), (C)–(E), 213(a), 214(b)(1), 215(b), 219(a), (c)(1), 233(a)(6)(A)(viii)–(x), (B), Dec. 8, 1994, 108 Stat. 4848–4852, 4855, 4857, 4901.)
cite as: 19 USC 1673b