Collapse to view only § 1673. Antidumping duties imposed
- § 1673. Antidumping duties imposed
- § 1673a. Procedures for initiating an antidumping duty investigation
- § 1673b. Preliminary determinations
- § 1673c. Termination or suspension of investigation
- § 1673d. Final determinations
- § 1673e. Assessment of duty
- § 1673f. Treatment of difference between deposit of estimated antidumping duty and final assessed duty under antidumping duty order
- § 1673g. Conditional payment of antidumping duty
- § 1673h. Establishment of product categories for short life cycle merchandise
- § 1673i. Repealed.
§ 1673. Antidumping duties imposedIf—
(1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and
(2) the Commission determines that—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation,
then there shall be imposed upon such merchandise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and section 1673d(b)(1) of this title, a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.
(June 17, 1930, ch. 497, title VII, § 731, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 162; amended Pub. L. 98–573, title VI, § 602(b), Oct. 30, 1984, 98 Stat. 3024; Pub. L. 103–465, title II, § 233(a)(1)(A), (2)(A)(i), Dec. 8, 1994, 108 Stat. 4898.)
§ 1673a. Procedures for initiating an antidumping duty investigation
(a) Initiation by administering authority
(1) In general
(2) Cases involving persistent dumping
(A) Monitoring
The administering authority may establish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if—
(i) more than one antidumping order is in effect with respect to that class or kind of merchandise;
(ii) in the judgment of the administering authority there is reason to believe or suspect an extraordinary pattern of persistent injurious dumping from one or more additional supplier countries; and
(iii) in the judgment of the administering authority this extraordinary pattern is causing a serious commercial problem for the domestic industry.
(B) Initiation of investigation
(C) Definition
(D) Expeditious action
(b) Initiation by petition
(1) Petition requirements
(2) Simultaneous filing with Commission
(3) Action with respect to petitions
(A) Notification of governments
(B) Acceptance of communications
(C) Nondisclosure of certain information
(c) Petition determination
(1) In general
(A) Time for initial determination
Except as provided in subparagraph (B), within 20 days after the date on which a petition is filed under subsection (b), the administering authority shall—
(i) after examining, on the basis of sources readily available to the administering authority, the accuracy and adequacy of the evidence provided in the petition, determine whether the petition alleges the elements necessary for the imposition of a duty under section 1673 of this title and contains information reasonably available to the petitioner supporting the allegations, and
(ii) determine if the petition has been filed by or on behalf of the industry.
(B) Extension of time
(C) Time limits where petition involves same merchandise as an order that has been revoked
If a petition is filed under this section with respect to merchandise that was the subject merchandise of—
(i) an antidumping duty order or finding that was revoked under section 1675(d) of this title in the 24 months preceding the date the petition is filed, or
(ii) a suspended investigation that was terminated under section 1675(d) of this title in the 24 months preceding the date the petition is filed,
the administering authority and the Commission shall, to the maximum extent practicable, expedite any investigation initiated under this section with respect to the petition.
(2) Affirmative determinations
(3) Negative determinations
(4) Determination of industry support
(A) General rule
For purposes of this subsection, the administering authority shall determine that the petition has been filed by or on behalf of the industry, if—
(i) the domestic producers or workers who support the petition account for at least 25 percent of the total production of the domestic like product, and
(ii) the domestic producers or workers who support the petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for or opposition to the petition.
(B) Certain positions disregarded
(i) Producers related to foreign producers
(ii) Producers who are importers
(C) Special rule for regional industries
(D) Polling the industry
If the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the administering authority shall—
(i) poll the industry or rely on other information in order to determine if there is support for the petition as required by subparagraph (A), or
(ii) if there is a large number of producers in the industry, the administering authority may determine industry support for the petition by using any statistically valid sampling method to poll the industry.
(E) Comments by interested parties
(5) “Domestic producers or workers” defined
(d) Notification to Commission of determination
The administering authority shall—
(1) notify the Commission immediately of any determination it makes under subsection (a) or (c), and
(2) if the determination is affirmative, make available to the Commission such information as it may have relating to the matter under investigation, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to which confidential treatment has been given by the administering authority.
(e) Information regarding critical circumstances
If, at any time after the initiation of an investigation under this part, the administering authority finds a reasonable basis to suspect that—
(1) there is a history of dumping in the United States or elsewhere of the subject merchandise, or
(2) the person by whom, or for whose account, the merchandise was imported knew, or should have known, that the exporter was selling the subject merchandise at less than its fair value,
the administering authority may request the Commissioner of U.S. Customs and Border Protection to compile information on an expedited basis regarding entries of the subject merchandise. Upon receiving such request, the Commissioner of U.S. Customs and Border Protection shall collect information regarding the volume and value of entries of the subject merchandise and shall transmit such information to the administering authority at such times as the administering authority shall direct (at least once every 30 days), until a final determination is made under section 1673d(a) of this title, the investigation is terminated, or the administering authority withdraws the request.
(June 17, 1930, ch. 497, title VII, § 732, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 162; amended Pub. L. 98–573, title VI, § 609, Oct. 30, 1984, 98 Stat. 3030; Pub. L. 99–514, title XVIII, § 1886(a)(2), Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100–418, title I, §§ 1324(b)(1), 1326(d)(1), Aug. 23, 1988, 102 Stat. 1200, 1204; Pub. L. 103–465, title II, §§ 211(b), 212(a)(2), 233(a)(5)(P)–(R), (6)(A)(v)–(vii), (C), Dec. 8, 1994, 108 Stat. 4843, 4845, 4900, 4901; Pub. L. 104–295, § 20(b)(4), (8), (9), Oct. 11, 1996, 110 Stat. 3527; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
§ 1673b. Preliminary determinations
(a) Determination by Commission of reasonable indication of injury
(1) General ruleExcept in the case of a petition dismissed by the administering authority under section 1673a(c)(3) of this title, the Commission, within the time specified in paragraph (2), shall determine, based on the information available to it at the time of the determination, whether there is a reasonable indication that—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible. If the Commission finds that imports of the subject merchandise are negligible or otherwise makes a negative determination under this paragraph, the investigation shall be terminated.
(2) Time for Commission determinationThe Commission shall make the determination described in paragraph (1)—
(A) in the case of a petition filed under section 1673a(b) of this title—
(i) within 45 days after the date on which the petition is filed, or
(ii) if the time has been extended pursuant to section 1673a(c)(1)(B) of this title, within 25 days after the date on which the Commission receives notice from the administering authority of initiation of the investigation, and
(B) in the case of an investigation initiated under section 1673a(a) of this title, within 45 days after the date on which the Commission receives notice from the administering authority that an investigation has been initiated under such section.
(b) Preliminary determination by administering authority
(1) Period of antidumping duty investigation
(A) In general
(B) If certain short life cycle merchandise involvedIf a petition filed under section 1673a(b) of this title, or an investigation initiated under section 1673a(a) of this title, concerns short life cycle merchandise that is included in a product category established under section 1673h(a) of this title, subparagraph (A) shall be applied—
(i) by substituting “100 days” for “140 days” if manufacturers that are second offenders account for a significant proportion of the merchandise under investigation, and
(ii) by substituting “80 days” for “140 days” if manufacturers that are multiple offenders account for a significant proportion of the merchandise under investigation.
(C) Definitions of offendersFor purposes of subparagraph (B)—
(i) The term “second offender” means a manufacturer that is specified in 2 affirmative dumping determinations (within the meaning of section 1673h of this title) as the manufacturer of short life cycle merchandise that is—(I) specified in both such determinations, and(II) within the scope of the product category referred to in subparagraph (B).
(ii) The term “multiple offender” means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of section 1673h of this title) as the manufacturer of short life cycle merchandise that is—(I) specified in each of such determinations, and(II) within the scope of the product category referred to in subparagraph (B).
(2) Preliminary determination under waiver of verification
(3) De minimis dumping margin
(c) Extension of period in extraordinarily complicated cases
(1) In generalIf—
(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 190th day after the date on which the administering authority initiates an investigation under section 1673a(c) of this title, or an investigation is initiated under section 1673a(a) of this title. No extension of a determination date may be made under this paragraph for any investigation in which a determination date provided for in subsection (b)(1)(B) applies unless the petitioner submits written notice to the administering authority of its consent to the extension.
(2) Notice of postponement
(d) Effect of determination by the administering authorityIf the preliminary determination of the administering authority under subsection (b) of this section is affirmative, the administering authority—
(1)
(A) shall—
(i) determine an estimated weighted average dumping margin for each exporter and producer individually investigated, and
(ii) determine, in accordance with section 1673d(c)(5) of this title, an estimated all-others rate for all exporters and producers not individually investigated, and
(B) shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated weighted average dumping margin or the estimated all-others rate, whichever is applicable,
(2) shall order the suspension of liquidation of all entries of merchandise subject to the determination which are entered, or withdrawn from warehouse, for consumption on or after the later of—
(A) the date on which notice of the determination is published in the Federal Register, or
(B) the date that is 60 days after the date on which notice of the determination to initiate the investigation is published in the Federal Register, and
(3) shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its injury determination, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to which confidential treatment has been given by the administering authority.
The instructions of the administering authority under paragraphs (1) and (2) may not remain in effect for more than 4 months, except that the administering authority may, at the request of exporters representing a significant proportion of exports of the subject merchandise, extend that 4-month period to not more than 6 months.
(e) Critical circumstances determinations
(1) In generalIf a petitioner alleges critical circumstances in its original petition, or by amendment at any time more than 20 days before the date of a final determination by the administering authority, then the administering authority shall promptly (at any time after the initiation of the investigation under this part) determine, on the basis of the information available to it at that time, whether there is a reasonable basis to believe or suspect that—
(A)
(i) there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or
(ii) the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales, and
(B) there have been massive imports of the subject merchandise over a relatively short period.
The administering authority shall be treated as having made an affirmative determination under subparagraph (A) in any investigation to which subsection (b)(1)(B) is applied.
(2) Suspension of liquidationIf the determination of the administering authority under paragraph (1) is affirmative, then any suspension of liquidation ordered under subsection (d)(2) shall apply, or, if notice of such suspension of liquidation is already published, be amended to apply, to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of—
(A) the date which is 90 days before the date on which the suspension of liquidation was first ordered, or
(B) the date on which notice of the determination to initiate the investigation is published in the Federal Register.
(f) Notice of determination
(June 17, 1930, ch. 497, title VII, § 733, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 163; amended Pub. L. 99–514, title XVIII, § 1886(a)(2), Oct. 22, 1986, 100 Stat. 2921; Pub. L. 100–418, title I, §§ 1323(b), 1324(b)(2), 1326(d)(1), Aug. 23, 1988, 102 Stat. 1198, 1201, 1204; Pub. L. 103–465, title II, §§ 212(b)(2)(A), (C)–(E), 213(a), 214(b)(1), 215(b), 219(a), (c)(1), 233(a)(6)(A)(viii)–(x), (B), Dec. 8, 1994, 108 Stat. 4848–4852, 4855, 4857, 4901.)
§ 1673c. Termination or suspension of investigation
(a) Termination of investigation upon withdrawal of petition
(1) In general
(A) Withdrawal of petition
(B) Refiling of petition
(2) Special rules for quantitative restriction agreements
(A) In general
(B) Public interest factorsIn making a decision under subparagraph (A) regarding the public interest the administering authority shall take into account—
(i) whether, based upon the relative impact on consumer prices and the availability of supplies of the merchandise, the agreement would have a greater adverse impact on United States consumers than the imposition of antidumping duties;
(ii) the relative impact on the international economic interests of the United States; and
(iii) the relative impact on the competitiveness of the domestic industry producing the like merchandise, including any such impact on employment and investment in that industry.
(C) Prior consultationsBefore making a decision under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with—
(i) potentially affected consuming industries; and
(ii) potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not party to the investigation.
(3) Limitation on termination by Commission
(b) Agreements to eliminate completely sales at less than fair value or to cease exports of merchandiseThe administering authority may suspend an investigation if the exporters of the subject merchandise who account for substantially all of the imports of that merchandise agree—
(1) to cease exports of the merchandise to the United States within 6 months after the date on which the investigation is suspended, or
(2) to revise their prices to eliminate completely any amount by which the normal value of the merchandise which is the subject of the agreement exceeds the export price (or the constructed export price) of that merchandise.
(c) Agreements eliminating injurious effect
(1) General ruleIf the administering authority determines that extraordinary circumstances are present in a case, it may suspend an investigation upon the acceptance of an agreement to revise prices from exporters of the subject merchandise who account for substantially all of the imports of that merchandise into the United States, if the agreement will eliminate completely the injurious effect of exports to the United States of that merchandise and if—
(A) the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented, and
(B) for each entry of each exporter the amount by which the estimated normal value exceeds the export price (or the constructed export price) will not exceed 15 percent of the weighted average amount by which the estimated normal value exceeded the export price (or the constructed export price) for all less-than-fair-value entries of the exporter examined during the course of the investigation.
(2) “Extraordinary circumstances” defined
(A) Extraordinary circumstancesFor 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” definedFor purposes of this paragraph, the term “complex” means—
(i) there are a large number of transactions to be investigated or adjustments to be considered,
(ii) the issues raised are novel, or
(iii) the number of firms involved is large.
(d) Additional rules and conditionsThe administering authority may not accept an agreement under subsection (b) or (c) unless—
(1) it is satisfied that suspension of the investigation is in the public interest, and
(2) effective monitoring of the agreement by the United States is practicable.
Where practicable, the administering authority shall provide to the exporters who would have been subject to the agreement the reasons for not accepting the agreement and, to the extent possible, an opportunity to submit comments thereon.
(e) Suspension of investigation procedureBefore an investigation may be suspended under subsection (b) or (c) the administering authority shall—
(1) notify the petitioner of, and consult with the petitioner concerning, its intention to suspend the investigation, and notify other parties to the investigation and the Commission not less than 30 days before the date on which it suspends the investigation,
(2) provide a copy of the proposed agreement to the petitioner at the time of the notification, together with an explanation of how the agreement will be carried out and enforced, and of how the agreement will meet the requirements of subsections (b) and (d) or (c) and (d), and
(3) permit all interested parties described in section 1677(9) of this title to submit comments and information for the record before the date on which notice of suspension of the investigation is published under subsection (f)(1)(A).
(f) Effects of suspension of investigation
(1) In generalIf the administering authority determines to suspend an investigation upon acceptance of an agreement described in subsection (b) or (c), then—
(A) it shall suspend the investigation, publish notice of suspension of the investigation, and issue an affirmative preliminary determination under section 1673b(b) of this title with respect to the subject merchandise, unless it has previously issued such a determination in the same investigation,
(B) the Commission shall suspend any investigation it is conducting with respect to that merchandise, and
(C) the suspension of investigation shall take effect on the day on which such notice is published.
(2) Liquidation of entries
(A) Cessation of exports; complete elimination of dumping marginIf the agreement accepted by the administering authority is an agreement described in subsection (b), then—
(i) notwithstanding the affirmative preliminary determination required under paragraph (1)(A), the liquidation of entries of subject merchandise shall not be suspended under section 1673b(d)(2) of this title,
(ii) if the liquidation of entries of such merchandise was suspended pursuant to a previous affirmative preliminary determination in the same case with respect to such merchandise, that suspension of liquidation shall terminate, and
(iii) the administering authority shall refund any cash deposit and release any bond or other security deposited under section 1673b(d)(1)(B) of this title.
(B) Other agreements
(3) Where investigation is continuedIf, pursuant to subsection (g), the administering authority and the Commission continue an investigation in which an agreement has been accepted under subsection (b) or (c), then—
(A) if the final determination by the administering authority or the Commission under section 1673d of this title is negative, the agreement shall have no force or effect and the investigation shall be terminated, or
(B) if the final determinations by the administering authority and the Commission under such section are affirmative, the agreement shall remain in force, but the administering authority shall not issue an antidumping duty order in the case so long as—
(i) the agreement remains in force,
(ii) the agreement continues to meet the requirements of subsections (b) and (d), or (c) and (d), and
(iii) the parties to the agreement carry out their obligations under the agreement in accordance with its terms.
(g) Investigation to be continued upon requestIf the administering authority, within 20 days after the date of publication of the notice of suspension of an investigation, receives a request for the continuation of the investigation from—
(1) an exporter or exporters accounting for a significant proportion of exports to the United States of the subject merchandise, or
(2) an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of this title which is a party to the investigation,
then the administering authority and the Commission shall continue the investigation.
(h) Review of suspension
(1) In general
(2) Commission investigation
(3) Suspension of liquidation to continue during review periodThe suspension of liquidation of entries of the subject merchandise shall terminate at the close of the 20-day period beginning on the day after the date on which notice of suspension of the investigation is published in the Federal Register, or, if a review petition is filed under paragraph (1) with respect to the suspension of the investigation, in the case of an affirmative determination by the Commission under paragraph (2), the date on which notice of an affirmative determination by the Commission is published. If the determination of the Commission under paragraph (2) is affirmative, then the administering authority shall—
(A) terminate the suspension of liquidation under section 1673b(d)(2) of this title, and
(B) release any bond or other security, and refund any cash deposit, required under section 1673b(d)(1)(B) of this title.
(i) Violation of agreement
(1) In generalIf the administering authority determines that an agreement accepted under subsection (b) or (c) is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1), of elimination of injury) and subsection (d), then, on the date of publication of its determination, it shall—
(A) suspend liquidation under section 1673b(d)(2) of this title of unliquidated entries of the merchandise made on the later of—
(i) the date which is 90 days before the date of publication of the notice of suspension of liquidation, or
(ii) the date on which the merchandise, the sale or export to the United States of which was in violation of the agreement, or under an agreement which no longer meets the requirements of subsections (b) and (d), or (c) and (d), was first entered, or withdrawn from warehouse, for consumption,
(B) if the investigation was not completed, resume the investigation as if its affirmative preliminary determination were made on the date of its determination under this paragraph,
(C) if the investigation was completed under subsection (g), issue an antidumping duty order under section 1673e(a) of this title effective with respect to entries of merchandise liquidation of which was suspended,
(D) if it considers the violation to be intentional, notify the Commissioner of U.S. Customs and Border Protection who shall take appropriate action under paragraph (2), and
(E) notify the petitioner, interested parties who are or were parties to the investigation, and the Commission of its action under this paragraph.
(2) Intentional violation to be punished by civil penalty
(j) Determination not to take agreement into account
(k) Termination of investigation initiated by administering authority
(l) Special rule for nonmarket economy countries
(1) In general
(A) such agreement satisfies the requirements of subsection (d), and
(B) will prevent the suppression or undercutting of price levels of domestic products by imports of the merchandise under investigation.
(2) Failure of agreements
(m) Special rule for regional industry investigations
(1) Suspension agreements
(2) Requirements for suspension agreements
(3) Effect of suspension agreement on antidumping duty order
(June 17, 1930, ch. 497, title VII, § 734, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 165; amended Pub. L. 98–573, title VI, §§ 604(b), 612(b)(2), Oct. 30, 1984, 98 Stat. 3026, 3034; Pub. L. 100–418, title I, §§ 1316(c), 1326(d)(2), Aug. 23, 1988, 102 Stat. 1187, 1204; Pub. L. 103–465, title II, §§ 216(b), 217(b), 218(a)(2), 219(c)(2)–(5), 233(a)(1)(B), (2)(A)(ii), (5)(S)–(U), Dec. 8, 1994, 108 Stat. 4853, 4854, 4857, 4898, 4900; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
§ 1673d. Final determinations
(a) Final determination by administering authority
(1) General rule
(2) Extension of period for determinationThe administering authority may postpone making the final determination under paragraph (1) until not later than the 135th day after the date on which it published notice of its preliminary determination under section 1673b(b) of this title if a request in writing for such a postponement is made by—
(A) exporters who account for a significant proportion of exports of the merchandise which is the subject of the investigation, in a proceeding in which the preliminary determination by the administering authority under section 1673b(b) of this title was affirmative, or
(B) the petitioner, in a proceeding in which the preliminary determination by the administering authority under section 1673b(b) of this title was negative.
(3) Critical circumstances determinationsIf the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has been alleged under section 1673b(e) of this title, shall also contain a finding of whether—
(A)
(i) there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or
(ii) the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there would be material injury by reason of such sales, and
(B) there have been massive imports of the subject merchandise over a relatively short period.
Such findings may be affirmative even though the preliminary determination under section 1673b(e)(1) of this title was negative.
(4) De minimis dumping margin
(b) Final determination by Commission
(1) In generalThe Commission shall make a final determination of whether—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a)(1). If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated.
(2) Period for injury determination following affirmative preliminary determination by administering authorityIf the preliminary determination by the administering authority under section 1673b(b) of this title is affirmative, then the Commission shall make the determination required by paragraph (1) before the later of—
(A) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under section 1673b(b) of this title, or
(B) the 45th day after the day on which the administering authority makes its affirmative final determination under subsection (a).
(3) Period for injury determination following negative preliminary determination by administering authority
(4) Certain additional findings
(A)Commission standard for retroactive application.—
(i)In general.—If the finding of the administering authority under subsection (a)(3) is affirmative, then the final determination of the Commission shall include a finding as to whether the imports subject to the affirmative determination under subsection (a)(3) are likely to undermine seriously the remedial effect of the antidumping duty order to be issued under section 1673e of this title.
(ii)Factors to consider.—In making the evaluation under clause (i), the Commission shall consider, among other factors it considers relevant—(I) the timing and the volume of the imports,(II) a rapid increase in inventories of the imports, and(III) any other circumstances indicating that the remedial effect of the antidumping order will be seriously undermined.
(B) If the final determination of the Commission is that there is no material injury but that there is threat of material injury, then its determination shall also include a finding as to whether material injury by reason of the imports of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a) would have been found but for any suspension of liquidation of entries of the merchandise.
(c) Effect of final determinations
(1) Effect of affirmative determination by the administering authorityIf the determination of the administering authority under subsection (a) is affirmative, then—
(A) the administering authority shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its determination, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information as to which confidential treatment has been given by the administering authority,
(B)
(i) the administering authority shall—(I) determine the estimated weighted average dumping margin for each exporter and producer individually investigated, and(II) determine, in accordance with paragraph (5), the estimated all-others rate for all exporters and producers not individually investigated, and
(ii) the administering authority shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated weighted average dumping margin or the estimated all-others rate, whichever is applicable, and
(C) in cases where the preliminary determination by the administering authority under section 1673b(b) of this title was negative, the administering authority shall order the suspension of liquidation under section 1673b(d)(2) of this title.
Issuance of order; effect of negative determinationIf the determinations of the administering authority and the Commission under subsections (a)(1) and (b)(1) are affirmative, then the administering authority shall issue an antidumping duty order under section 1673e(a) of this title. If either of such determinations is negative, the investigation shall be terminated upon the publication of notice of that negative determination and the administering authority shall—
(A) terminate the suspension of liquidation under section 1673b(d)(2) of this title, and
(B) release any bond or other security, and refund any cash deposit, required under section 1673b(d)(1)(B) of this title.
(3) Effect of negative determinations under subsections (a)(3) and (b)(4)(A)If the determination of the administering authority or the Commission under subsection (a)(3) or (b)(4)(A), respectively, is negative, then the administering authority shall—
(A) terminate any retroactive suspension of liquidation required under paragraph (4) or section 1673b(e)(2) of this title, and
(B) release any bond or other security, and refund any cash deposit required, under section 1673b(d)(1)(B) of this title with respect to entries of the merchandise the liquidation of which was suspended retroactively under section 1673b(e)(2) of this title.
(4) Effect of affirmative determination under subsection (a)(3)If the determination of the administering authority under subsection (a)(3) is affirmative, then the administering authority shall—
(A) in cases where the preliminary determinations by the administering authority under sections 1673b(b) and 1673b(e)(1) of this title were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, bond, or other security previously ordered under section 1673b(e)(2) of this title;
(B) in cases where the preliminary determination by the administering authority under section 1673b(b) of this title was affirmative, but the preliminary determination under section 1673b(e)(1) of this title was negative, shall modify any suspension of liquidation and security requirement previously ordered under section 1673b(d) of this title to apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or
(C) in cases where the preliminary determination by the administering authority under section 1673b(b) of this title was negative, shall apply any suspension of liquidation and security requirement ordered under subsection (c)(1)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.
(5) Method for determining estimated all-others rate
(A) General rule
(B) Exception
(d) Publication of notice of determinations
(e) Correction of ministerial errors
(June 17, 1930, ch. 497, title VII, § 735, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 169; amended Pub. L. 98–573, title VI, §§ 602(c), 605(b), Oct. 30, 1984, 98 Stat. 3024, 3028; Pub. L. 100–418, title I, §§ 1324(b)(3), 1333(a), Aug. 23, 1988, 102 Stat. 1201, 1209; Pub. L. 103–465, title II, §§ 212(b)(2)(B), 213(b), 214(b)(2), 219(b), (c)(6)–(8), 233(a)(5)(V), Dec. 8, 1994, 108 Stat. 4849–4851, 4856, 4857, 4900; Pub. L. 104–295, § 20(b)(6), Oct. 11, 1996, 110 Stat. 3527.)
§ 1673e. Assessment of duty
(a) Publication of antidumping duty orderWithin 7 days after being notified by the Commission of an affirmative determination under section 1673d(b) of this title, the administering authority shall publish an antidumping duty order which—
(1) directs customs officers to assess an antidumping duty equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than—
(A) 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, or
(B) in the case of merchandise not sold prior to its importation into the United States, 12 months after the end of the annual accounting period of the manufacturer or exporter within which it is sold in the United States to a person who is not the exporter of that merchandise,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated antidumping duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
(b) Imposition of duty
(1) General rule
(2) Special rule
(c) Security in lieu of estimated duty pending early determination of duty
(1) Conditions for waiver of deposit of estimated dutiesThe administering authority may permit, for not more than 90 days after the date of publication of an order under subsection (a), the posting of a bond or other security in lieu of the deposit of estimated antidumping duties required under subsection (a)(3) if—
(A) the investigation has not been designated as 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,
(B) the final determination in the investigation has not been postponed under section 1673d(a)(2)(A) of this title;
(C) on the basis of information presented to the administering authority by any manufacturer, producer, or exporter in such form and within such time as the administering authority may require, the administering authority is satisfied that a determination will be made, within 90 days after the date of publication of an order under subsection (a), of the normal value and the export price (or the constructed export price) for all merchandise of such manufacturer, producer, or exporter described in that order which was entered, or withdrawn from warehouse, for consumption on or after the date of publication of—
(i) an affirmative preliminary determination by the administering authority under section 1673b(b) of this title, or
(ii) if its determination under section 1673b(b) of this title was negative, an affirmative final determination by the administering authority under section 1673d(a) of this title,
and before the date of publication of the affirmative final determination by the Commission under section 1673d(b) of this title;
(D) the party described in subparagraph (C) provides credible evidence that the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise is significantly less than the amount of such excess specified in the antidumping duty order published under subsection (a); and
(E) the data concerning the normal value and the export price (or the constructed export price) apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison.
(2) Notice; hearingIf the administering authority permits the posting of a bond or other security in lieu of the deposit of estimated antidumping duties under paragraph (1), it shall—
(A) publish notice of its action in the Federal Register, and
(B) upon the request of any interested party, hold a hearing in accordance with section 1677c of this title before determining the normal value and the export price (or the constructed export price) of the merchandise.
(3) Determinations to be basis of antidumping duty
(4) Provision of business proprietary information; written commentsBefore determining whether to permit the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties, the administering authority shall—
(A) make all business proprietary information supplied to the administering authority under paragraph (1) available under a protective order in accordance with section 1677f(c) of this title to all interested parties described in subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of this title, and
(B) afford all interested parties an opportunity to file written comments on whether the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties should be permitted.
(d) Special rule for regional industries
(1) In general
(2) Exception for new exporters and producers
(June 17, 1930, ch. 497, title VII, § 736, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 172; amended Pub. L. 99–514, title XVIII, § 1886(a)(7), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 100–418, title I, § 1325, Aug. 23, 1988, 102 Stat. 1201; Pub. L. 103–465, title II, §§ 218(b)(2), 219(c)(9), 233(a)(1)(C), (2)(A)(iii), (5)(W)–(Y), Dec. 8, 1994, 108 Stat. 4855, 4857, 4898, 4900.)
§ 1673f. Treatment of difference between deposit of estimated antidumping duty and final assessed duty under antidumping duty order
(a) Deposit of estimated antidumping duty under section 1673b(d)(1)(B) of this title
If the amount of a cash deposit, or the amount of any bond or other security, required as security for an estimated antidumping duty under section 1673b(d)(1)(B) of this title is different from the amount of the antidumping duty determined under an antidumping duty order published under section 1673e of this title, then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption before notice of the affirmative determination of the Commission under section 1673d(b) of this title is published shall be—
(1) disregarded, to the extent that the cash deposit, bond, or other security is lower than the duty under the order, or
(2) refunded or released, to the extent that the cash deposit, bond, or other security is higher than the duty under the order.
(b) Deposit of estimated antidumping duty under section 1673e(a)(3) of this title
If the amount of an estimated antidumping duty deposited under section 1673e(a)(3) of this title is different from the amount of the antidumping duty determined under an antidumping duty order published under section 1673e of this title, then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption after notice of the affirmative determination of the Commission under section 1673d(b) of this title is published shall be—
(1) collected, to the extent that the deposit under section 1673e(a)(3) of this title is lower than the duty determined under the order, or
(2) refunded, to the extent that the deposit under section 1673e(a)(3) of this title is higher than the duty determined under the order,
together with interest as provided by section 1677g of this title.
(June 17, 1930, ch. 497, title VII, § 737, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 173; amended Pub. L. 103–465, title II, § 219(c)(10), Dec. 8, 1994, 108 Stat. 4857; Pub. L. 104–295, § 40, Oct. 11, 1996, 110 Stat. 3541.)
§ 1673g. Conditional payment of antidumping duty
(a) General rule
(b) Importer requirements
In order to meet the requirements of this subsection, a person shall—
(1) furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for determining the export price (or the constructed export price) of the merchandise imported by or for the account of that person, and such other information as the administering authority deems necessary for ascertaining any antidumping duty to be imposed under this subtitle;
(2) maintain and furnish to the customs officer such records concerning the sale of the merchandise as the administering authority, by regulation, requires;
(3) state under oath before the customs officer that he is not an exporter, or if he is an exporter, declare under oath at the time of entry the constructed export price of the merchandise to the customs officer if it is then known, or, if not, so declare within 30 days after the merchandise has been sold, or has been made the subject of an agreement to be sold, in the United States; and
(4) pay, or agree to pay on demand, to the customs officer the amount of antidumping duty imposed under section 1673 of this title on that merchandise.
(June 17, 1930, ch. 497, title VII, § 738, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 174; amended Pub. L. 103–465, title II, § 233(a)(2)(A)(iv), (B), Dec. 8, 1994, 108 Stat. 4898.)
§ 1673h. Establishment of product categories for short life cycle merchandise
(a) Establishment of product categories
(1) Petitions
(A) In general
(B) ContentsA petition filed under subparagraph (A) shall—
(i) identify the short life cycle merchandise that is the subject of the affirmative dumping determinations,
(ii) specify the short life cycle merchandise that the petitioner seeks to have included in the same product category as the merchandise that is subject to the affirmative dumping determinations,
(iii) specify any short life cycle merchandise the petitioner particularly seeks to have excluded from the product category,
(iv) provide reasons for the inclusions and exclusions specified under clauses (ii) and (iii), and
(v) identify such merchandise in terms of the designations used in the Harmonized Tariff Schedule of the United States.
(2) Determinations on sufficiency of petitionUpon receiving a petition under paragraph (1), the Commission shall—
(A) request the administering authority to confirm promptly the affirmative determinations on which the petition is based, and
(B) upon receipt of such confirmation, determine whether the merchandise covered by the confirmed affirmative determinations is short life cycle merchandise and whether the petitioner is an eligible domestic entity.
(3) Notice; hearingsIf the determinations under paragraph (2)(B) are affirmative, the Commission shall—
(A) publish notice in the Federal Register that the petition has been received, and
(B) provide opportunity for the presentation of views regarding the establishment of the requested product category, including a public hearing if requested by any interested person.
(4) Determinations
(A) In general
(B) Modifications not requested by petition
(i) In general
(ii) Notice and hearingDeterminations may be made under clause (i) only after the Commission has—(I) published in the Federal Register notice of the proposed modification, and(II) provided interested parties an opportunity for a hearing, and a period for the submission of written comments, on the classification of merchandise into the product categories to be affected by such determination.
(C) Basis of determinations
(b) DefinitionsFor purposes of this section—
(1) Eligible domestic entityThe term “eligible domestic entity” means a manufacturer or producer in the United States, or a certified union or recognized union or group of workers which is representative of an industry in the United States, that manufactures or produces short life cycle merchandise that is—
(A) like or directly competitive with other merchandise that is the subject of 2 or more affirmative dumping determinations, or
(B) is similar enough to such other merchandise as to be considered for inclusion with such merchandise in a product monitoring category established under this section.
(2) Affirmative dumping determinationThe term “affirmative dumping determination” means—
(A) any affirmative final determination made by the administering authority under section 1673d(a) of this title during the 8-year period preceding the filing of the petition under this section that results in the issuance of an antidumping duty order under section 1673e of this title which requires the deposit of estimated antidumping duties at a rate of not less than 15 percent ad valorem, or
(B) any affirmative preliminary determination that—
(i) is made by the administering authority under section 1673b(b) of this title during the 8-year period preceding the filing of the petition under this section in the course of an investigation for which no final determination is made under section 1673d of this title by reason of a suspension of the investigation under section 1673c of this title, and
(ii) includes a determination that the estimated average amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise is not less than 15 percent ad valorem.
(3) Subject of affirmative dumping determination
(A) In generalShort life cycle merchandise of a manufacturer shall be treated as being the subject of an affirmative dumping determination only if the administering authority—
(i) makes a separate determination of the amount by which the normal value of such merchandise of the manufacturer exceeds the export price (or the constructed export price) of such merchandise of the manufacturer, and
(ii) specifically identifies the manufacturer by name with such amount in the affirmative dumping determination or in an antidumping duty order issued as a result of the affirmative dumping determination.
(B) ExclusionShort life cycle merchandise of a manufacturer shall not be treated as being the subject of an affirmative dumping determination if—
(i) such merchandise of the manufacturer is part of a group of merchandise to which the administering authority assigns (in lieu of making separate determinations described in subparagraph (A)(i)(I)) an amount determined to be the amount by which the normal value of the merchandise in such group exceeds the export price (or the constructed export price) of the merchandise in such group, and
(ii) the merchandise and the manufacturer are not specified by name in the affirmative dumping determination or in any antidumping duty order issued as a result of such affirmative dumping determination.
(4) Short life cycle merchandise
(c) Transitional rules
(1) For purposes of this section and section 1673b(b)(1)(B) and (C) of this title, all affirmative dumping determinations described in subsection (b)(2)(A) that were made after December 31, 1980, and before August 23, 1988, and all affirmative dumping determinations described in subsection (b)(2)(B) that were made after December 31, 1984, and before August 23, 1988, with respect to each category of short life cycle merchandise of the same manufacturer shall be treated as one affirmative dumping determination with respect to that category for that manufacturer which was made on the date on which the latest of such determinations was made.
(2) No affirmative dumping determination that—
(A) is described in subsection (b)(2)(A) and was made before January 1, 1981, or
(B) is described in subsection (b)(2)(B) and was made before January 1, 1985,
may be taken into account under this section or section 1673b(b)(1)(B) and (C) of this title.
(June 17, 1930, ch. 497, title VII, § 739, as added Pub. L. 100–418, title I, § 1323(a), Aug. 23, 1988, 102 Stat. 1195; amended Pub. L. 101–382, title I, § 139(a)(2), Aug. 20, 1990, 104 Stat. 653; Pub. L. 103–465, title II, § 233(a)(1)(D), (2)(A)(v), Dec. 8, 1994, 108 Stat. 4898.)
§ 1673i. Repealed. Pub. L. 98–573, title VI, § 622(a)(1), Oct. 30, 1984, 98 Stat. 3039