Page:United States Statutes at Large Volume 102 Part 2.djvu/196

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PUBLIC LAW 100-000—MMMM. DD, 1988

102 STAT. 1200

Records.

PUBLIC LAW 100-418—AUG. 23, 1988

the administering authority finds a reasonable basis to suspect that the alleged subsidy is inconsistent with the Agreement, the administering authority may request the Commissioner of Customs to compile information on an expedited basis regarding entries of the class or kind of merchandise that is the subject of the investigation. Upon receiving such request, the Commissioner of Customs shall collect information regarding the volume and value of entries of the class or kind of merchandise that is the subject of the investigation and shall transmit such information to the administering authority at such times as the administering authority shall direct (at least once every 30 days), until a final determination is made under section 705(a), the investigation is terminated, or the administering authority withdraws the request.". (2) Paragraph (1) of section 703(e) (19 U.S.C. 1671b(e)(l)) is amended by inserting "(at any time after the initiation of the investigation under this subtitle)" after "promptly". (3) Subparagraph (A) of section 705(b)(4) (19 U.S.C. 1671d(b)(4)(A)) is amended to read as follows: "(A) RETROACTIVE APPLICATION.—

"(i) IN GENERAL.—If the finding of the administering authority under subsection (a)(2) is affirmative, then the final determination of the Commission shall include a finding as to whether retroactive imposition of a countervailing duty on the merchandise appears necessary to prevent recurrence of material injury that was caused by massive imports of the merchandise over a relatively short period of time and will be difficult to repair. (ii) PREVENTION OF RECURRENCE.—For purposes of

making its finding under clause (i), the Commission shall make an evaluation as to whether the effectiveness of the countervailing duty order would be materially impaired if such imposition did not occur. "(iii) EVALUATION OF EFFECTIVENESS.—In making the

evaluation under clause (ii), the Commission shall consider, among other factors it considers relevant— "(I) the condition of the domestic industry, "(II) whether massive imports of the merchandise over a relatively short period of time can be accounted for by efforts to avoid the potential imposition of countervailing duties, (III) whether foreign economic conditions led to the massive imports of the merchandise, and "(IV) whether the impact of the massive imports of the merchandise is likely to continue for some period after issuance of the countervailing duty order under this subtitle.", (b) ANTIDUMPING DUTY INVESTIGATIONS.—

(1) Section 732 (19 U.S.C. 1673a) is amended by adding at the end thereof the following new subsection: Records.

"(e) INFORMATION REGARDING CRITICAL CIRCUMSTANCES.—If, a t

any time after the initiation of an investigation under this subtitle, the administering authority finds a reasonable basis to suspect that— "(1) there is a history of dumping in the United States or elsewhere of the class or kind of the merchandise which is the subject of the investigation, or