Page:United States Statutes at Large Volume 93.djvu/196

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 164

Post, p. 187.

PUBLIC LAW 96-39—JULY 26, 1979 received during the first 60 days of the investigation, and, if there appears to be sufficient information available upon which the preliminary determination can reasonably be based, to disclose to the petitioner and any interested party, then a party to the proceedings that requests such disclosure, all available nonconfidential information and all other information which is disclosed pursuant to section 777. Within 3 days (not counting Saturdays, Sundays, or legal public holidays) after such disclosure, the petitioner and each party which is an interested party described in subparagraph (C), (D), or (E) of section 771(9) to whom such disclosure was made may furnish to the administering authority an irrevocable written waiver of verification of the information received by the authority, and an agreement that it is willing to have a preliminary determination made on the basis of the record then available to the authority. If a timely waiver and agreement have been received from the petitioner and each party which is an interested party described in subparagraph (C), (D), or (E) of section 771(9) to whom the disclosure was made, and the authority finds that sufficient information is then available upon which the preliminary determination can reasonably be based, a preliminary determination shall be made within 90 days after the commencement of the investigation on the basis of the record established during the first 60 days after the investigation was commenced. "(c) EXTENSION OF PERIOD IN EXTRAORDINARILY COMPLICATED CASES.— "(1) IN GENERAL.—If—

"(A) the petitioner makes a timely request for an extension of the period within which the determination must be made under subsection (b)(1), or "(B) the administering authority concludes that the parties concerned are cooperating and determines that— "(i) the case is extraordinarily complicated by reason of— "(I) the number and complexity of the transactions to be investigated or adjustments to be considered, "(II) the novelty of the issues presented, or "(III) the number of firms whose activities must be investigated, and "(ii) additional time is necessary to make the preliminary determination, then the administering authority may postpone making the preliminary determination under subsection (b)(1) until not later than the 210th day after the date on which a petition is filed under section 7320b), or an investigation is commenced under section 732(a). "(2) NOTICE OF POSTPONEMENT.—The administering authority

Publication in ^^'^?'?^ Kegister.

shall notify the parties to the investigation, not later than 20 days before the date on which the preliminary determination would otherwise be required under subsection (b)(1), if it intends to postpone making the preliminary determination under paragraph (1). The notification shall include an explanation of the reasons for the postponement, and notice of the postponement ^j^^jj ^^ published in the Federal Register. "(d) EFFECT OF DETERMINATION BY THE ADMINISTERING AUTHOR-

ITY.—If the preliminary determination of the administering authority under subsection (b) is affirmative, the administering authority—