Page:United States Statutes at Large Volume 102 Part 2.djvu/188

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1192

PUBLIC LAW 100-418—AUG. 23, 1988

(b) CONFORMING AMENDMENT.—The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 779 the following: "Sec. 780. Downstream product monitoring.". SEC. 1321. PREVENTION OF CIRCUMVENTION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS.

(a) IN GENERAL.—Subtitle D (19 U.S.C. 1677 et seq.) (as amended by section 1320) is further amended by adding at the end thereof the following: 19 USC 1677J.

"SEC. 781. PREVENTION OF CIRCUMVENTION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS. "(a) MERCHANDISE COMPLETED OR ASSEMBLED IN THE UNITED STATES.— "(1) IN GENERAL.—If—

"(A) merchandise sold in the United States is of the same class or kind as any other merchandise that is the subject of— "(i) an antidumping duty order issued under section 736, "(ii) a finding issued under the Antidumping Act, 1921, or "(iii) a countervailing duty order issued under section 706 or section 303, "(B) such merchandise sold in the United States is completed or assembled in the United States from parts or components produced in the foreign country with respect to which such order or finding applies, and "(C) the difference between the value of such merchandise sold in the United States and the value of the imported parts and components referred to in subparagraph (B) is small, the administering authority, after taking into account any advice provided by the Commission under subsection (e), may include within the scope of such order or finding the imported parts or components referred to in subparagraph (B) that are used in the completion or assembly of the merchandise in the United States at any time such order or finding is in effect. "(2) FACTORS TO CONSIDER.—In determining whether to include parts or components in a countervailing or antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— "(A) the pattern of trade, "(B) whether the manufacturer or exporter of the parts or components is related to the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order or finding described in paragraph (1) applies, and "(C) whether imports into the United States of the parts or components produced in such foreign country have increased after the issuance of such order or finding. "Ob) MERCHANDISE COMPLETED OR ASSEMBLED IN OTHER FOREIGN COUNTRIES.— "(1) IN GENERAL.—If—