Page:United States Statutes at Large Volume 93.djvu/187

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 9 6 - 3 9 - J U L Y 26, 1979

93 STAT. 155

"(2) to cease exports of that merchandise to the United States within 6 months after the date on which the investigation is suspended. "(c) AGREEMENTS EUMINATING INJURIOUS EFFECT.— "(1) GENERAL RULE.—If the administering authority

determines that extraordinary circumstances are present in a case, it may suspend an investigation upon the acceptance of an agreement from a government described in subsection (b), or from exporters described in subsection (b), if the agreement will eliminate completely the injurious effect of exports to the United States of the merchandise which is the subject of the investigation. "(2) CERTAIN ADDITIONAL REQUIREMENTS.—Except in the case of an agreement by a foreign government to restrict the volume of imports of the merchandise which is the subject of the investigation into the United States, the administering authority may not accept an agreement under this subsection unless— "(A) the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented, and "(B) at least 85 percent of the net subsidy will be offset. "(3) QUANTITATIVE RESTRICTIONS AGREEMENTS.—The adminis-

tering authority may accept an agreement with a foreign government under this subsection to restrict the volume of imports of merchandise which is the subject of an investigation into the United States, but it may not accept such an agreement with exporters. "(4) DEFINITION OF EXTRAORDINARY CIRCUMSTANCES.— "(A) EXTRAORDINARY CIRCUMSTANCES.—For purposes of

this subsection, the term 'extraordinary circumstances' means circumstances in which— "(i) suspension of an investigation will be more beneficial to the domestic industry than continuation of the investigation, and "(ii) the investigation is complex. "(B) COMPLEX.—For purposes of this paragraph, the term 'complex' means— "(i) there are a large number of alleged subsidy practices and the practices are complicated, "(ii) the issues raised are novel, or "(iii) the number of exporters involved is large. "(d) ADDITIONAL RULES AND CONDITIONS.— "(1) PUBLIC INTEREST; MONITORING.—The

administering authority shall not accept an agreement under subsection (b) or (c) unless— "(A) it is satisfied that suspension of the investigation is in the public interest, and "(B) effective monitoring of the agreement by the United States is practicable. "(2) EXPORTS OF MERCHANDISE TO UNITED STATES NOT TO INCREASE DURING INTERIM PERIOD.—The administering authority

may not accept any agreement under subsection (b) unless that agreement provides a means of ensuring that the quantity of the merchandise covered by that agreement exported to the United States during the period provided for elimination or offset of the subsidy or cessation of exports does not exceed the quantity of such merchandise exported to the United States during the most

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