Page:United States Statutes at Large Volume 102 Part 2.djvu/203

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PUBLIC LAW 100-000—MMMM. DD, 1988

PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1207

the volume and price effects of imports from two or more countries if such imports— "(I) compete with each other, and with like products of the domestic industry, in the United States market, and "(U) are subject to any investigation under section 303,701, or 731.". (b) TREATBCENT OF NEGUGIBLE IMPORTS.—Subparagraph (C) of section 771(7) (19 U.S.C. 1677(7)(0) is amended by adding at the end thereof the following new clause: "(v)





Commission is not required to apply clause (iv) or subparagraph (F)(iv) in any case in wluch the (Commission determines that imports of the merchandise subject to investigation are n^ligible and have no discemaUe adverse impact on the domestic industry. For purposes of making such determination, the Commission shall evaluate all relevant economic factors r^arding the imports, including, but not limited to, whether— "(I) the volume and market share of the imports are n^ligible, "(n) sales transactions involving the imports are isolated and sporadic, and "(OS) the domestic market for the like product is price sensitive by reason of the nature of the product, so that a small quantity of imports can result in price suppression or depression. For purposes of this clause, the (Dommission may treat as n^ligible and having no discemable adverse impact on the domestic industry imports that are the product of any country that is a party to a free trade area agreement with the United States which entered into force and effect before January 1, 1987, if the Commission determines that the domestic industry is not being materially injured by reason of such imports.". SEC. 1331. CERTIFICATION OF SUBMISSIONS. Section 776 (19 U.S.C. 1677e) is amended— (1) by redesignating subsections (a) and (b) as subsections (b) and (c), respectively, (2) by amending the heading to subsection (b) (as so redesignated) to read as follows: "(b) VERIFICATION.—", and (3) by inserting before such subsection (b) the following: "(a) CtaiTiFiCATiON OF SUBMISSIONS.—Any person providing factual information to the administering authority or the Commission in connection with a proceeding under this title on behalf of the petitioner or any other interested party shall certify that such information is accurate and complete to the best of tjiat perscm's knowledge.". SEC. 1332. ACCESS TO INFORMATION. Section 777 (19 U.S.C. 1677£) is amended— (1) by amending subsection (b)(l)(B)(ii) to read as follows: "(ii) a statement to the administering authority or ,t, the Commission that the business proprietary informa-