72
STAT.]
583
PUBLIC LAW 85-630-AUG. 14, 1968
Public Law 85-630 AN ACT To amend certain provisions of the Antidumping Act, 1921, to provide for greater certainty, speed, and efficiency in the enforcement thereof, and for other purposes.
Be it enacted by the SeTiate and House of Representatives of the United States of America in Congress assembled, That section 201 of the Antidumping Act, 1921 (19 U.S.C. 160), is amended as follows: (1) By inserting after the second sentence of subsection (a) thereof the following sentence: "For the purposes of this subsection, the said Commission shall be deemed to have made an affirmative determination if the Commissioners of the said Commission voting are evenly divided as to whether its determination should be in the affirmative or in the negative." (2) By striking out "he shall forthwith authorize" in subsection (b) and inserting in lieu thereof "he shall forthwith publish notice of that fact in the Federal Register and shall authorize". (3) By adding at the end of such section the following new subsection: "(c) The Secretary, upon determining whether foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and the United States Tariff Commission, upon making its determination under subsection (a) of this section, shall each publish such determination in the Federal Register, with a statement of the reasons therefor, whether such determination is in the affirmative or in the negative." SEC. 2. Subsections (b) and (c) of section 202 of the Antidumping Act, 1921 (19 U.S.C. 161 (b) and (c)), are amended to read as follows: " (b) I n determining the foreign market value for the purposes of subsection (a), if it is established to the satisfaction of the Secretary or his delegate that the amount of any difference between the purchase price and the foreign market value (or that the fact that the purchase price is the same as the foreign market value) is wholly or partly due to— " (1) the fact that the wholesale quantities, in which such or similar merchandise is sold or, in the absence of sales, offered for sale for exportation to the United States in the ordinary course of trade, are less or are greater than the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States), "(2) other differences in circumstances of sale, or "(3) the fact that merchandise described in subdivision (C), (D), (E), o r (F) o f section 212(3) is used in determining foreign market value, then due allowance shall be made therefor. "(c) I n determining the foreign market value for the purposes of subsection (a), if it is established to the satisfaction of the Secretary or his delegate that the amount of any difference between the exporter's sales price and the foreign market value (or that the fact that the exporter's sales price is the same as the foreign market value) is wholly or partly due to— "(1) the fact that the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for
August 14, 1958 [H. R. 6006]
Antidumping Act, 1921, amendments. 68 Stat. 1138. Dumping investigation.
Notice in F.R.
D e c i s i ons and reports in F.R.
Special dumping duty. Foreign market value. Determination.
Post,
p. 586.
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