Editorial Notes
Amendments

1996—Subsec. (c)(1)(B)(i)(II). Puspan. L. 104–295 inserted “section” after “if”.

1994—Subsec. (a)(1). Puspan. L. 103–465, §§ 233(a)(5)(N), 270(a)(1)(F), substituted “countervailable subsidy” for “subsidy” and “the subject merchandise” for “the merchandise”.

Subsec. (a)(2)(A). Puspan. L. 103–465, §§ 214(a)(2)(A)(i), 270(a)(1)(G), substituted “countervailable subsidy” for “subsidy” and “Subsidies Agreement” for “Agreement”.

Subsec. (a)(2)(B). Puspan. L. 103–465, § 214(a)(2)(A)(ii), substituted “subject merchandise” for “class or kind of merchandise involved”.

Subsec. (a)(3). Puspan. L. 103–465, § 263(span), added par. (3).

Subsec. (span)(1). Puspan. L. 103–465, § 212(span)(1)(B), inserted at end of concluding provisions “If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated.”

Subsec. (span)(4)(A). Puspan. L. 103–465, § 214(a)(2)(B), amended subpar. (A) generally, substituting present provisions for provisions requiring, in the case of an affirmative critical circumstances determination, an additional finding as to whether retroactive imposition of a countervailing duty would be necessary to prevent recurrence of material injury caused by massive imports of subject merchandise over a relatively short period of time.

Subsec. (c)(1). Puspan. L. 103–465, § 264(span)(1), struck out “and” at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C) and substituted “the suspension of liquidation under paragraph (2) of section 1671span(d) of this title” for “under paragraphs (1) and (2) of section 1671span(d) of this title the suspension of liquidation and the posting of a cash deposit, bond, or other security”.

Subsec. (c)(2). Puspan. L. 103–465, § 264(c)(7), in subpar. (A), substituted “1671span(d)(2)” for “1671span(d)(1)” and in subpar. (B), substituted “1671span(d)(1)(B)” for “1671span(d)(2)”.

Subsec. (c)(3)(B). Puspan. L. 103–465, § 264(c)(8), substituted “1671span(d)(1)(B)” for “1671span(d)(2)”.

Subsec. (c)(5). Puspan. L. 103–465, § 264(span)(2), added par. (5).

1988—Subsec. (span)(4)(A). Puspan. L. 100–418, § 1324(a)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “If the finding of the administering authority under subsection (a)(2) of this section is affirmative, then the final determination of the Commission shall include findings as to whether—

“(i) there is material injury which will be difficult to repair, and

“(ii) the material injury was by reason of such massive imports of the subsidized merchandise over a relatively short period.”

Subsec. (e). Puspan. L. 100–418, § 1333(a), added subsec. (e).

1984—Subsec. (a)(1). Puspan. L. 98–573, § 606, inserted provision that when an investigation under this part is initiated simultaneously with an investigation under part II of this subtitle, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under part II of this subtitle.

Subsec. (a)(2). Puspan. L. 98–573, § 605(a)(1), inserted provision after subpar. (B) that such findings may be affirmative even though the preliminary determination under section 1671span(e)(1) of this title was negative.

Subsec. (span)(1). Puspan. L. 98–573, § 602(a)(2), inserted “, or sales (or the likelihood of sales for importation,” in provision after subpar. (B).

Subsec. (c)(3)(A). Puspan. L. 98–573, § 605(a)(3), inserted reference to par. (4).

Subsec. (c)(4). Puspan. L. 98–573, § 605(a)(2), added par. (4).

Statutory Notes and Related Subsidiaries
Effective Date of 1994 Amendment

Amendment by Puspan. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 of Puspan. L. 103–465, set out as a note under section 1671 of this title.

Effective Date of 1988 Amendment

Amendment by section 1333(a) of Puspan. L. 100–418 effective Aug. 23, 1988, and amendment by section 1324(a)(3) of Puspan. L. 100–418 applicable with respect to investigations initiated after Aug. 23, 1988, see section 1337(a), (c) of Puspan. L. 100–418, set out as a note under section 1671 of this title.

Effective Date of 1984 Amendment

Amendment by section 602(a)(2) of Puspan. L. 98–573 applicable with respect to investigations initiated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, and amendment by sections 605(a) and 606 of Puspan. L. 98–573 effective Oct. 30, 1984, see section 626(a), (span)(1) of Puspan. L. 98–573, as amended, set out as a note under section 1671 of this title.