Page:United States Statutes at Large Volume 108 Part 6.djvu/329

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4897 "(3) any previous review under section 751 or determination under section 753, or "(4) any other information placed on the record. " (c) CORROBORATION OF SECONDARY INFORMATION. —When the administering authority or the Commission reUes on secondary information rather than on information obtained in the course of an investigation or review, the administering authority or the Commission, as the case may be, shall, to the extent practicable, corroborate that information from independent sources that are reasonably at their disposal.". (d) CONFORMING AMENDMENTS. — (1) Section 777(e) (19 U.S.C. 1677fle)) is repealed. (2) The table of contents for title VII is amended— (A) by amending the item relating to section 776 to read as follows: "Sec. 776. Determinations on the basis of the facts available."; and (B) by inserting after the item relating to section 781 the following new item: "Sec. 782. Conduct of investigations and administrative reviews.". \ SEC. 232. ANTIDUMPING PETITIONS BY TEDBD COUNTRIES. (a) IN GENERAL.— Subtitie D of title VII (19 U.S.C. 1677 et seq.), as amended by section 231(a), is amended by adding at the end the following new section: "SEC. 783. ANTIDUMPING PETITIONS BY TEIIRD COUNTRIES. 19 USC 1677n. "(a) FILING OF PETITION. —The government of a WTO member may file with the Trade Representative a petition requesting that an investigation be conducted to determine if—- "(1) imports fix)m another country are being sold in the United States at less than fair vahie, and "(2) an industry in the petitioning country is materially injured by reason of tiiose imports. "(b) INITIATION.—The Trade Representative, after consultation with the administering authority and the Commission and obtaining the approval of the WTO Council for Trade in (joods, shall determine whether to initiatci an investigation described in subsection (a). "(c) DETERMINATIONS.—Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to substantive and procedural requirements specified by the Trade Representative, notwitiistanding any other provision of this title: "(1) The aaministering authority shall determine whether imports into the United States of the subject merchandise are being sold at less than fair value. (2) The Commission shall determine whether an industry in the petitioning country is materially injured by reason of imports of the subject merchandise into the United States. "(d) PUBLIC COMMENT.— An opportunity for public conunent shall be provided, as appropriate— (1) by the Trade Representative, in making the determination required by subsection (b), and "(2) by the administering authority and the Commission, in making the determination required by subsection (c).