PUBLIC LAW 100-418—AUG. 23, 1988
102 STAT. 1191
"(5) DETERMINATIONS NOT SUBJECT TO JUDICIAL REVIEW.—Not-
withstanding any other provision of law, any determination made by the administering authority under paragraph (2) shall not be subject to judicial review. "(b) MONITORING BY THE COMMISSION.—
"(1) IN GENERAL.—If the determination made under subsection (a)(2)(A) and a determination made under any clause of subsection (a)(2)(B) with respect to a petition are affirmative, the Commission shall immediately commence monitoring of trade in the downstream product that is the subject of the determination made under subsection (a)(2)(A). If the Commission finds that imports of a downstream product being monitored increased during any calendar quarter by 5 percent or more over the preceding quarter, the Commission shall analyze that increase in the context of overall economic conditions in the product sector. "(2) REPORTS.—The Commission shall make quarterly reports Public to the administering authority regarding the monitoring and information. analyses conducted under paragraph (1). The Commission shall make the reports available to the public. "(c) ACTION ON BASIS OF MONITORING REPORTS.—The administering authority shall review the information in the reports submitted by the C]k)mmission under subsection (b)(2) and shall— "(1) consider the information in determining whether to initiate an investigation under section 702(a), 732(a), or 303 regarding any downstream product, and
- (2) request the Commission to cease monitoring any downstream product if the information indicates that imports into
the United States are not increasing and there is no reasonable likelihood of diversion with respect to component parts. "(d) DEFINITIONS.—For purposes of this section— "(1) The term 'component part' means any imported article that— "(A) during the 5-year period ending on the date on which the petition is filed under subsection (a), has been subject to— "(i) a countervailing or antidumping duty order issued under this title or section 303 that requires the deposit of estimated countervailing or antidumping duties imposed at a rate of at least 15 percent ad valorem, or "(ii) an agreement entered into under section 704, 734, or 303 after a preliminary affirmative determination under section 703(b), 733(b)(l), or 303 was made by the administering authority which included a determination that the estimated net subsidy was at least 15 percent ad valorem or that the estimated average amount by which the foreign market value exceeded the United States price was at least 15 percent ad valorem, and "(B) because of its inherent characteristics, is routinely used as a major part, component, assembly, subassembly, or material in a downstream product. "(2) The term 'downstream product' means any manufactured article— "(A) which is imported into the United States, and "(B) into which is incorporated any component part.".
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