Page:United States Statutes at Large Volume 93.djvu/222

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PUBLIC LAW 96-000—MMMM. DD, 1979

93 STAT. 190

Ante, p. 150. Infra. Ante, p. 159. ___.^-Ante, p. 169.

PUBLIC LAW 96-39—JULY 26, 1979 industry in the United States is being, or is likely to be injured, or is prevented from being established, it shall terminate any such investigation and initiate an investigation, under subtitle A or B of title VII oiF the Tariff Act of 1930, wWch shall be completed within 75 days, and— (1) treat any final determination of the Secretary of the Treasury under section 303 as a final determination under section 705(a) of the Tariff Act of 1930 and consider the net amount of the bounty or grant estimated or determined under section 303 as the net subsidy amount under subtitle A of that title; and (2) treat any final determination of the Secretary of the Treasury under the Antidumping Act, 1921, as a final determination under section 735(a) of the Tariff Act of 1930. SEC. 103. AMENDMENT OF SECTION 303 OF THE TARIFF ACT OF 1930.

(a) APPLICATION OF SECTION 303.—Paragraph (1) of section 303(a) of the Tariff Act of 1930 (19 U.S.C. 1303(a)) is amended by striking out "Whenever" and inserting in lieu thereof the following: "Except in the case of an article or merchandise which is the product of a country under the Agreement (within the meaning of section 701(b) of this Act), whenever". (b) CERTAIN PROVISIONS OF N E W LAW TO APPLY.—Section 303 of

Ante, pp. 152, 154,159.

such Act (19 U.S.C. 1303) is amended— (1) by striking out paragraphs (3) through (6) of subsection (a), (2) by striking out subsections (b) and (c) and inserting in lieu thereof the following new subsection: "(b) The duty imposed under subsection (a) shall be imposed, under regulations prescribed by the administering authority (as defined in section 771(1)), in accordance with title VII of this Act (relating to the imposition of countervailing duties) except that, in the case of any imported article or merchandise which is not free of duty— "(1) no determination by the United States International Trade Commission under section 703(a), 704, or 705(b) shall be required, "(2) an investigation may not be suspended under section 704(c), "(3) no determination as to the presence of critical circumstances shall be made under section 703(e) or 705 (a)(2) or (b)(4)(A),and "(4) any reference to determinations by the Commission, or to the suspension of an investigation under section 704(c) which are not permitted or required by this subsection shall be disregarded.", and (3) by adding at the end thereof the following new subsection: "(f) CROSS REFERENCE.— "For provisions of law applicable in the case of articles and merchandise which are the product of countries under the Agreement within the meaning of section 701(b) of this Act, see title YII of this Act". (c) CONFORMING AMENDMENT.—Paragraph 2 of section 303(a) of

such Act (19 U.S.C. 1303(a)) is amended— (1) by striking out "is an affirmative determination" and inserting in lieu thereof "are affirmative determinations", and (2) by striking out "subsection (b)(D" and inserting in lieu thereof "title VII". SEC. 104. TRANSITION RULES FOR COUNTERVAILING DUTY ORDERS. 19 USC 1671 note.

(a) WAIVED COUNTERVAILING DUTY ORDERS.—