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motion announces to the House his or her intention
to do so.
(3) CONSIDERATION OF SECOND RESOLUTION
NOT IN ORDER.—It shall not be in order in either
the House of Representatives or the Senate to con-
sider a joint resolution (other than a joint resolution
received from the other House), if that House has
previously adopted a joint resolution under this sec-
tion.
(d) RULES OF HOUSE OF REPRESENTATIVES AND
SENATE.—This section is enacted by the Congress—
(1) as an exercise of the rulemaking power of
the House of Representatives and the Senate, re-
spectively, and as such is deemed a part of the rules
of each House, respectively, and such procedures su-
persede other rules only to the extent that they are
inconsistent with such other rules; and
(2) with the full recognition of the constitu-
tional right of either House to change the rules (so
far as relating to the procedures of that House) at
any time, in the same manner, and to the same ex-
tent as any other rule of that House.
SEC. 126. INCREASED TRANSPARENCY.
The Trade Representative shall seek the adoption by
the Ministerial Conference and General Council of proce-
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dures that will ensure broader application of the principle
of transparency and clarification of the costs and benefits
of trade policy actions, through the observance of open
and equitable procedures in trade matters by the Ministe-
rial Conference and the General Council, and by the dis-
pute settlement panels and the Appellate Body under the
Dispute Settlement Understanding.
SEC. 127. ACCESS TO THE WTO DISPUTE SETTLEMENT
PROCESS.
(a) IN GENERAL.—Whenever the United States is a
party before a dispute settlement panel established pursu-
ant to Article 6 of the Dispute Settlement Understanding,
the Trade Representative shall, at each stage of the pro-
ceeding before the panel or the Appellate Body, consult
with the appropriate congressional committees, the peti-
tioner (if any) under section 302(a) of the Trade Act of
1974 (19 U.S.C. 2412) with respect to the matter that
is the subject of the proceeding, and relevant private sec-
tor advisory committees established under section 135 of
the Trade Act of 1974 (19 U.S.C. 2155), and shall con-
sider the views of representatives of appropriate interested
private sector and nongovernmental organizations con-
cerning the matter.
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(b) NOTICE AND PUBLIC COMMENT.—In any pro-
ceeding described in subsection (a), the Trade Representa-
tive shall—
(1) promptly after requesting the establishment
of a panel, or receiving a request from another WTO
member country for the establishment of a panel,
publish a notice in the Federal Register—
(A) identifying the initial parties to the
dispute,
(B) setting forth the major issues raised
by the country requesting the establishment of
a panel and the legal basis of the complaint,
(C) identifying the specific measures, in-
cluding any State or Federal law cited in the
request for establishment of the panel, and
(D) seeking written comments from the
public concerning the issues raised in the dis-
pute; and
(2) take into account any advice received from
appropriate congressional committees and relevant
private sector advisory committees referred to in
subsection (a), and written comments received pur-
suant to paragraph (1)(D), in preparing United
States submissions to the panel or the Appellate
Body.
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(c) ACCESS TO DOCUMENTS.—In each proceeding de-
scribed in subsection (a), the Trade Representative shall—
(1) make written submissions by the United
States referred to in subsection (b) available to the
public promptly after they are submitted to the
panel or Appellate Body, except that the Trade Rep-
resentative is authorized to withhold from disclosure
any information contained in such submissions iden-
tified by the provider of the information as propri-
etary information or information treated as con-
fidential by a foreign government;
(2) request each other party to the dispute to
permit the Trade Representative to make that par-
ty’s written submissions to the panel or the Appel-
late Body available to the public; and
(3) make each report of the panel or the Appel-
late Body available to the public promptly after it is
circulated to WTO members, and inform the public
of such availability.
(d) 
REQUESTS
FOR
NONCONFIDENTIAL
SUM-
MARIES.—In any dispute settlement proceeding conducted
pursuant to the Dispute Settlement Understanding, the
Trade Representative shall request each party to the dis-
pute to provide nonconfidential summaries of its written
submissions, if that party has not made its written sub-
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missions public, and shall make those summaries available
to the public promptly after receiving them.
(e) PUBLIC FILE.—The Trade Representative shall
maintain a file accessible to the public on each dispute
settlement proceeding to which the United States is a
party that is conducted pursuant to the Dispute Settle-
ment Understanding. The file shall include all United
States submissions in the proceeding and a listing of any
submissions to the Trade Representative from the public
with respect to the proceeding, as well as the report of
the dispute settlement panel and the report of the Appel-
late Body.
(f) 
CONFORMING
AMENDMENT.—Section
135(a)(1)(B) of the Trade Act of 1974 (19 U.S.C.
2155(a)(1)(B)) is amended to read as follows:
‘‘(B) the operation of any trade agreement
once entered into, including preparation for dis-
pute settlement panel proceedings to which the
United States is a party; and’’.
SEC. 128. ADVISORY COMMITTEE PARTICIPATION.
Section 135(b)(1) of the Trade Act of 1974 (19
U.S.C. 2155(b)(1)) is amended by inserting ‘‘nongovern-
mental environmental and conservation organizations,’’
after ‘‘retailers,’’.
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SEC. 129. ADMINISTRATIVE ACTION FOLLOWING WTO
PANEL REPORTS.
(a) ACTION
BY UNITED STATES INTERNATIONAL
TRADE COMMISSION.—
(1) ADVISORY REPORT.—If a dispute settlement
panel finds in an interim report under Article 15 of
the Dispute Settlement Understanding, or the Ap-
pellate Body finds in a report under Article 17 of
that Understanding, that an action by the Inter-
national Trade Commission in connection with a
particular proceeding is not in conformity with the
obligations of the United States under the Anti-
dumping Agreement, the Safeguards Agreement, or
the Agreement on Subsidies and Countervailing
Measures, the Trade Representative may request the
Commission to issue an advisory report on whether
title VII of the Tariff Act of 1930 or title II of the
Trade Act of 1974, as the case may be, permits the
Commission to take steps in connection with the
particular proceeding that would render its action
not inconsistent with the findings of the panel or the
Appellate Body concerning those obligations. The
Trade Representative shall notify the congressional
committees of such request.
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(2) TIME LIMITS FOR REPORT.—The Commis-
sion shall transmit its report under paragraph (1) to
the Trade Representative—
(A) in the case of an interim report de-
scribed in paragraph (1), within 30 calendar
days after the Trade Representative requests
the report; and
(B) in the case of a report of the Appellate
Body, within 21 calendar days after the Trade
Representative requests the report.
(3) CONSULTATIONS ON REQUEST FOR COMMIS-
SION DETERMINATION.—If a majority of the Com-
missioners issues an affirmative report under para-
graph (1), the Trade Representative shall consult
with the congressional committees concerning the
matter.
(4) COMMISSION
DETERMINATION.—Notwith-
standing any provision of the Tariff Act of 1930 or
title II of the Trade Act of 1974, if a majority of
the Commissioners issues an affirmative report
under paragraph (1), the Commission, upon the
written request of the Trade Representative, shall
issue a determination in connection with the particu-
lar proceeding that would render the Commission’s
action described in paragraph (1) not inconsistent
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with the findings of the panel or Appellate Body.
The Commission shall issue its determination not
later than 120 days after the request from the
Trade Representative is made.
(5) CONSULTATIONS ON IMPLEMENTATION OF
COMMISSION
DETERMINATION.—The Trade Rep-
resentative shall consult with the congressional com-
mittees before the Commission’s determination
under paragraph (4) is implemented.
(6) REVOCATION OF ORDER.—If, by virtue of
the Commission’s determination under paragraph
(4), an antidumping or countervailing duty order
with respect to some or all of the imports that are
subject to the action of the Commission described in
paragraph (1) is no longer supported by an affirma-
tive Commission determination under title VII of the
Tariff Act of 1930 or this subsection, the Trade
Representative may, after consulting with the con-
gressional committees under paragraph (5), direct
the administering authority to revoke the antidump-
ing or countervailing duty order in whole or in part.
(7) MODIFICATION OF ACTION UNDER TITLE II
OF
TRADE
ACT
OF
1974.—Section 204(b) of the
Trade Act of 1974 (19 U.S.C. 2254(b)) is amended
by adding at the end the following new paragraph:
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‘‘(3) Notwithstanding paragraph (1), the Presi-
dent may, after receipt of a Commission determina-
tion under section 129(a)(4) of the Uruguay Round
Agreements Act and consulting with the Committee
on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate, re-
duce, modify, or terminate action taken under sec-
tion 203.’’.
(b) ACTION BY ADMINISTERING AUTHORITY.—
(1) CONSULTATIONS WITH ADMINISTERING AU-
THORITY
AND
CONGRESSIONAL
COMMITTEES.—
Promptly after a report by a dispute settlement
panel or the Appellate body is issued that contains
findings that an action by the administering author-
ity in a proceeding under title VII of the Tariff Act
of 1930 is not in conformity with the obligations of
the United States under the Antidumping Agree-
ment or the Agreement on Subsidies and Counter-
vailing Measures, the Trade Representative shall
consult with the administering authority and the
congressional committees on the matter.
(2) DETERMINATION
BY
ADMINISTERING
AU-
THORITY.—Notwithstanding any provision of the
Tariff Act of 1930, the administering authority
shall, within 180 days after receipt of a written re-
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quest from the Trade Representative, issue a deter-
mination in connection with the particular proceed-
ing that would render the administering authority’s
action described in paragraph (1) not inconsistent
with the findings of the panel or the Appellate Body.
(3) CONSULTATIONS
BEFORE
IMPLEMENTA-
TION.—Before the administering authority imple-
ments any determination under paragraph (2), the
Trade Representative shall consult with the admin-
istering authority and the congressional committees
with respect to such determination.
(4) IMPLEMENTATION
OF
DETERMINATION.—
The Trade Representative may, after consulting with
the administering authority and the congressional
committees under paragraph (3), direct the admin-
istering authority to implement, in whole or in part,
the determination made under paragraph (2).
(c) EFFECTS OF DETERMINATIONS; NOTICE OF IM-
PLEMENTATION.—
(1) EFFECTS
OF
DETERMINATIONS.—Deter-
minations concerning title VII of the Tariff Act of
1930 that are implemented under this section shall
apply with respect to unliquidated entries of the sub-
ject merchandise (as defined in section 771 of that
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Act) that are entered, or withdrawn from warehouse,
for consumption on or after—
(A) in the case of a determination by the
Commission under subsection (a)(4), the date
on which the Trade Representative directs the
administering authority under subsection (a)(6)
to revoke an order pursuant to that determina-
tion, and
(B) in the case of a determination by the
administering 
authority 
under 
subsection
(b)(2), the date on which the Trade Represent-
ative directs the administering authority under
subsection (b)(4) to implement that determina-
tion.
(2) NOTICE OF IMPLEMENTATION.—
(A) The administering authority shall pub-
lish in the Federal Register notice of the imple-
mentation of any determination made under
this section with respect to title VII of the Tar-
iff Act of 1930.
(B) The Trade Representative shall pub-
lish in the Federal Register notice of the imple-
mentation of any determination made under
this section with respect to title II of the Trade
Act of 1974.
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(d) OPPORTUNITY FOR COMMENT BY INTERESTED
PARTIES.—Prior to issuing a determination under this
section, the administering authority or the Commission,
as the case may be, shall provide interested parties with
an opportunity to submit written comments and, in appro-
priate cases, may hold a hearing, with respect to the deter-
mination.
(e) JUDICIAL OR BINATIONAL PANEL REVIEW.—
(1) 
REVIEW
OF
DETERMINATIONS
ON
RECORD.—Section 516A(a)(2) of the Tariff Act of
1930 (19 U.S.C. 1516a(a)(2)) is amended—
(A) in subparagraph (A)(i)—
(i) in subclause (I) by striking ‘‘(B),
or’’ and inserting ‘‘(B)’’, and
(ii) by adding after subclause (II) the
following:
‘‘(III) notice of the implementa-
tion of any determination described in
clause (vii) of subparagraph (B), or’’;
and
(B) in subparagraph (B), by adding at the
end the following new clause:
‘‘(vii) A determination by the admin-
istering authority or the Commission under
section 129 of the Uruguay Round Agree-
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ments Act concerning a determination
under title VII of the Tariff Act of 1930.’’.
(2) TIME LIMITS FOR CASES INVOLVING FREE
TRADE
AREA
COUNTRIES.—Section 516A(a)(5) of
the Tariff Act of 1930 (19 U.S.C. 1516a(a)(5)) is
amended by adding at the end the following new
subparagraph:
‘‘(E) For a determination described in
clause (vii) of paragraph (2)(B), the 31st day
after the date on which notice of the implemen-
tation of the determination is published in the
Federal Register.’’.
(3) REVIEW OF CASES INVOLVING FREE TRADE
AREA
COUNTRY
MERCHANDISE.—Section
516A(g)(8)(A)(i) of the Tariff Act of 1930 (19
U.S.C. 1516a(g)(8)(A)(i)) is amended by striking
‘‘subparagraph (A) or (B)’’ and inserting ‘‘subpara-
graph (A), (B), or (E)’’.
SEC. 130. EFFECTIVE DATE.
This subtitle and the amendments made by this sub-
title take effect on the date on which the WTO Agreement
enters into force with respect to the United States.
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(c) REPORT TO CONGRESS.—The President shall re-
port to the Congress, not later than 1 year after the date
of the enactment of this Act, on the progress made in es-
tablishing the working party under this section, and on
United States objectives with respect to the working par-
ty’s work program.
SEC. 132. IMPLEMENTATION OF RULES OF ORIGIN WORK
PROGRAM.
If the President enters into an agreement developed
under the work program described in Article 9 of the
Agreement on Rules of Origin referred to in section
101(d)(10), the President may implement United States
obligations under such an agreement under United States
law only pursuant to authority granted to the President
for that purpose by law enacted after the effective date
of this title.
SEC. 133. MEMBERSHIP IN WTO OF BOYCOTTING COUN-
TRIES.
It is the sense of the Congress that the Trade Rep-
resentative should vigorously oppose the admission into
the World Trade Organization of any country which,
through its laws, regulations, official policies, or govern-
mental practices, fosters, imposes, complies with, furthers,
or supports any boycott described in section 8(a) of the
Export Administration Act of 1979 (50 U.S.C. App.
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2407(a)) (as in effect on August 20, 1994), including re-
quiring or encouraging entities within that country to
refuse to do business with persons who do not comply with
requests to take any action prohibited under that section.
SEC. 134. AFRICA TRADE AND DEVELOPMENT POLICY.
(a) DEVELOPMENT
OF
POLICY.—The President
should develop and implement a comprehensive trade and
development policy for the countries of Africa.
(b) REPORTS TO CONGRESS.—The President shall,
not later than 12 months after the date of the enactment
of this Act and annually thereafter for a period of 4 years,
submit to the Committee on Ways and Means and the
Committee on Foreign Affairs of the House of Representa-
tives, the Committee on Finance and the Committee on
Foreign Relations of the Senate, and other appropriate
committees of the Congress, a report on the steps taken
to carry out subsection (a).
SEC. 135. OBJECTIVES FOR EXTENDED NEGOTIATIONS.
(a) TRADE IN FINANCIAL SERVICES.—The principal
negotiating objective of the United States in the extended
negotiations on financial services to be conducted under
the auspices of the WTO is to seek to secure commit-
ments, from a wide range of commercially important de-
veloped and developing countries, to reduce or eliminate
barriers to the supply of financial services, including bar-
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riers that deny national treatment or market access by re-
stricting the establishment or operation of financial serv-
ices providers, as the condition for the United States—
(1) offering commitments to provide national
treatment and market access in each of the financial
services subsectors, and
(2) making such commitments on a most-fa-
vored-nation basis.
(b) TRADE IN BASIC TELECOMMUNICATIONS SERV-
ICES.—The principal negotiating objective of the United
States in the extended negotiations on basic telecommuni-
cations services to be conducted under the auspices of the
WTO is to obtain the opening on nondiscriminatory terms
and conditions of foreign markets for basic telecommuni-
cations services through facilities-based competition or
through the resale of services on existing networks.
(c) TRADE IN CIVIL AIRCRAFT.—
(1) NEGOTIATIONS.—The principal negotiating
objectives of the United States in the extended nego-
tiations on trade in civil aircraft to be conducted
under the auspices of the WTO are—
(A) to obtain competitive opportunities for
United States exports in foreign markets sub-
stantially equivalent to those afforded to foreign
products in the United States,
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(B) to obtain the reduction or elimination
of specific tariff and nontariff barriers, includ-
ing through expanded membership in the
Agreement on Trade in Civil Aircraft and in the
US–EC bilateral agreement for large civil air-
craft,
(C) to maintain vigorous and effective dis-
ciplines on subsidies practices with respect to
civil aircraft products under the Agreement on
Subsidies and Countervailing Measures referred
to in section 101(d)(12),
(D) to maintain the scope and coverage on
indirect support as specified in the US–EC bi-
lateral agreement on large civil aircraft, and
(E) to obtain increased transparency with
respect to foreign subsidy programs in the civil
aircraft sector, both through greater govern-
ment disclosure with respect to the use of tax-
payer moneys and higher financial disclosure
standards for companies receiving government
supports (including disclosure comparable to
that required under United States securities
laws).
(2) DEFINITIONS.—For purposes of paragraph
(1)—
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(A) the term ‘‘civil aircraft’’ means those
products to which the Agreement on Trade in
Civil Aircraft applies,
(B) the term ‘‘large civil aircraft’’ has the
meaning given that term in Annex II to the
US–EC bilateral agreement,
(C) the term ‘‘indirect support’’ means in-
direct government support as defined in Annex
II to the US–EC bilateral agreement,
(D) the term ‘‘Agreement on Trade in
Civil Aircraft’’ means the Agreement on Trade
in Civil Aircraft approved by the Congress
under section 2 of the Trade Agreements Act of
1979, and
(E) the term ‘‘US–EC bilateral agree-
ment’’ means the Agreement Concerning the
Application of the GATT Agreement on Trade
in Civil Aircraft Between the European Eco-
nomic Community and the Government of the
United States of America on trade in large civil
aircraft, entered into on July 17, 1992.
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SEC. 136. REPEAL OF TAX ON IMPORTED PERFUMES; DRAW-
BACK OF TAX ON DISTILLED SPIRITS USED IN
PERFUME MANUFACTURE.
(a) REPEAL OF TAX ON IMPORTED PERFUMES.—
Subsection (a) of section 5001 of the Internal Revenue
Code of 1986 is amended by striking paragraph (3) and
redesignating the following paragraphs accordingly.
(b) DRAWBACK
OF TAX
ON DISTILLED SPIRITS
USED IN PERFUME MANUFACTURE.—Sections 5131(a),
5132, 5134(c)(1), and 7652(g) of such Code are each
amended by striking ‘‘or flavoring extracts’’ and inserting
‘‘flavoring extracts, or perfume’’.
(c) CONFORMING AMENDMENTS.—
(1) Subsection (b) of section 5002 of such Code
is amended by striking paragraph (1) and redesig-
nating the following paragraphs accordingly.
(2) Subsection (f) of section 5005 of such Code
is amended—
(A) by striking ‘‘section 5001(a)(6) and
(7)’’ in paragraph (3) and inserting ‘‘section
5001(a)(5) and (6)’’, and
(B) by striking ‘‘section 5001(a)(5)’’ in
paragraph 
(4) 
and 
inserting 
‘‘section
5001(a)(4)’’.
(3) Subsection (b) of section 5007 of such Code
is amended to read as follows:
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‘‘(b) COLLECTION OF TAX ON IMPORTED DISTILLED
SPIRITS.—The internal revenue tax imposed by section
5001(a)(1) and (2) upon imported distilled spirits shall
be collected by the Secretary and deposited as internal rev-
enue collections, under such regulations as the Secretary
may prescribe. Section 5688 shall be applicable to the dis-
position of imported spirits.’’.
(4) Paragraph (3) of section 5007(c) of such
Code is amended by striking ‘‘section 5001(a)(5),
(6), and (7)’’ and inserting ‘‘section 5001(a)(4), (5),
and (6)’’.
(5) Paragraph (1) of section 5061(b) of such
Code is amended to read as follows:
‘‘(1) section 5001(a)(4), (5), or (6),’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall take effect on January 1, 1995.
SEC. 137. CERTAIN NONRUBBER FOOTWEAR.
In the case of nonrubber footwear imported from
Brazil—
(1) which is subject to Treasury Decision 74-
233, dated September 9, 1974,
(2) which was entered, or withdrawn from
warehouse for consumption, on or before October 28,
1981, and
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(3) with respect to which entries are unliqui-
dated on the date of the enactment of this Act,
countervailing duties shall be assessed at rates equal to
the amount of the cash deposit of the estimated counter-
vailing duties required on such footwear at the time of
entry or withdrawal from warehouse for consumption. In-
terest on underpayments of amounts required to be depos-
ited as countervailing duties shall be paid in accordance
with section 778 of the Tariff Act of 1930 (19 U.S.C.
1677g).
SEC. 138. EFFECTIVE DATE.
(a) IN GENERAL.—Except as provided in section
136(d) and subsection (b) of this section, this subtitle and
the amendments made by this subtitle take effect on the
date of the enactment of this Act.
(b) SECTIONS 132 AND 135.—Sections 132 and 135
take effect on the date on which the WTO Agreement en-
ters into force with respect to the United States.
TITLE 
II—ANTIDUMPING 
AND
COUNTERVAILING DUTY PRO-
VISIONS
SEC. 201. REFERENCE.
Except as otherwise expressly provided, whenever in
this title an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
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sion, the reference shall be considered to be made to a
section or other provision of the Tariff Act of 1930.
Subtitle A—General Provisions
SEC. 211. ACTION WITH RESPECT TO PETITIONS.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—Sec-
tion 702(b) (19 U.S.C. 1671a(b)) is amended—
(1) in paragraph (3) by striking ‘‘subsection
702(b)(1)’’ and inserting ‘‘paragraph (1)’’, and
(2) by adding at the end the following:
‘‘(4) ACTION WITH RESPECT TO PETITIONS.—
‘‘(A) NOTIFICATION OF GOVERNMENTS.—
Upon receipt of a petition filed under para-
graph (1), the administering authority shall—
‘‘(i) notify the government of any ex-
porting country named in the petition by
delivering a public version of the petition
to an appropriate representative of such
country; and
‘‘(ii) provide the government of any
exporting country named in the petition
that is a Subsidies Agreement country an
opportunity for consultations with respect
to the petition.
‘‘(B) 
ACCEPTANCE
OF
COMMUNICA-
TIONS.—The administering authority shall not
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accept any unsolicited oral or written commu-
nication from any person other than an inter-
ested party described in section 771(9) (C),
(D), (E), (F), or (G) before the administering
authority makes its decision whether to initiate
an investigation, except as provided in subpara-
graph (A)(ii) and subsection (c)(4)(D), and ex-
cept for inquiries regarding the status of the
administering authority’s consideration of the
petition.
‘‘(C) NONDISCLOSURE OF CERTAIN INFOR-
MATION.—The administering authority and the
Commission shall not disclose information with
regard to any draft petition submitted for re-
view and comment before it is filed under para-
graph (1).’’.
(b) ANTIDUMPING INVESTIGATIONS.—Section 732(b)
(19 U.S.C. 1673a(b)) is amended by adding at the end
the following:
‘‘(3) ACTION WITH RESPECT TO PETITIONS.—
‘‘(A) NOTIFICATION OF GOVERNMENTS.—
Upon receipt of a petition filed under para-
graph (1), the administering authority shall no-
tify the government of any exporting country
named in the petition by delivering a public ver-
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sion of the petition to an appropriate represent-
ative of such country.
‘‘(B) 
ACCEPTANCE
OF
COMMUNICA-
TIONS.—The administering authority shall not
accept any unsolicited oral or written commu-
nication from any person other than an inter-
ested party described in section 771(9) (C),
(D), (E), (F), or (G) before the administering
authority makes its decision whether to initiate
an investigation, except as provided in sub-
section (c)(4)(D), and except for inquiries re-
garding 
the 
status 
of 
the 
administering
authority’s consideration of the petition.
‘‘(C) NONDISCLOSURE OF CERTAIN INFOR-
MATION.—The administering authority and the
Commission shall not disclose information with
regard to any draft petition submitted for re-
view and comment before it is filed under para-
graph (1).’’.
SEC. 212. PETITION AND PRELIMINARY DETERMINATION.
(a) GENERAL REQUIREMENTS.—
(1) COUNTERVAILING DUTY PETITION.—Section
702(c) (19 U.S.C. 1671a(c)) is amended to read as
follows:
‘‘(c) PETITION DETERMINATION.—
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‘‘(1) IN GENERAL.—
‘‘(A) TIME
FOR
INITIAL
DETERMINA-
TION.—Except as provided in subparagraph
(B), within 20 days after the date on which a
petition is filed under subsection (b), the ad-
ministering authority shall—
‘‘(i) after examining, on the basis of
sources readily available to the administer-
ing authority, the accuracy and adequacy
of the evidence provided in the petition, de-
termine whether the petition alleges the
elements necessary for the imposition of a
duty under section 701(a) and contains in-
formation reasonably available to the peti-
tioner supporting the allegations, and
‘‘(ii) determine if the petition has
been filed by or on behalf of the industry.
‘‘(B) EXTENSION OF TIME.—In any case
in which the administering authority is required
to poll or otherwise determine support for the
petition by the industry under paragraph
(4)(D), the administering authority may, in ex-
ceptional circumstances, apply subparagraph
(A) by substituting ‘a maximum of 40 days’ for
‘20 days’.
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‘‘(C) TIME LIMITS WHERE PETITION IN-
VOLVES
SAME
MERCHANDISE
AS
AN
ORDER
THAT
HAS
BEEN
REVOKED.—If a petition is
filed under this section with respect to mer-
chandise that was the subject merchandise of—
‘‘(i) a countervailing duty order that
was revoked under section 751(d) in the
24 months preceding the date the petition
is filed, or
‘‘(ii) a suspended investigation that
was terminated under section 751(d) in the
24 months preceding the date the petition
is filed,
the administering authority and the Commis-
sion shall, to the maximum extent practicable,
expedite any investigation initiated under this
section with respect to the petition.
‘‘(2) AFFIRMATIVE
DETERMINATIONS.—If the
determinations under clauses (i) and (ii) of para-
graph (1)(A) are affirmative, the administering au-
thority shall initiate an investigation to determine
whether a countervailable subsidy is being provided
with respect to the subject merchandise.
‘‘(3) NEGATIVE DETERMINATIONS.—If the de-
termination under clause (i) or (ii) of paragraph
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(1)(A) is negative, the administering authority shall
dismiss the petition, terminate the proceeding, and
notify the petitioner in writing of the reasons for the
determination.
‘‘(4) DETERMINATION
OF
INDUSTRY
SUP-
PORT.—
‘‘(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 work-
ers 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 work-
ers 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
DIS-
REGARDED.—
‘‘(i) PRODUCERS
RELATED
TO
FOR-
EIGN PRODUCERS.—In determining indus-
try support under subparagraph (A), the
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administering authority shall disregard the
position of domestic producers who oppose
the petition, if such producers are related
to foreign producers, as defined in section
771(4)(B)(ii), unless such domestic pro-
ducers demonstrate that their interests as
domestic producers would be adversely af-
fected by the imposition of a countervailing
duty order.
‘‘(ii) PRODUCERS WHO ARE IMPORT-
ERS.—The administering authority may
disregard the position of domestic produc-
ers of a domestic like product who are im-
porters of the subject merchandise.
‘‘(C) SPECIAL RULE FOR REGIONAL INDUS-
TRIES.—If the petition alleges that the industry
is a regional industry, the administering author-
ity shall determine whether the petition has
been filed by or on behalf of the industry by ap-
plying subparagraph (A) on the basis of produc-
tion in the region.
‘‘(D) POLLING THE INDUSTRY.—If the pe-
tition does not establish support of domestic
producers or workers accounting for more than
50 percent of the total production of the domes-
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tic 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 pro-
ducers 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
PAR-
TIES.—Before 
the 
administering 
authority
makes a determination with respect to initiating
an investigation, any person who would qualify
as an interested party under section 771(9) if
an investigation were initiated, may submit
comments or information on the issue of indus-
try support. After the administering authority
makes a determination with respect to initiating
an investigation, the determination regarding
industry support shall not be reconsidered.
‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR
WORKERS.—For purposes of this subsection, the
term ‘domestic producers or workers’ means those
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interested parties who are eligible to file a petition
under subsection (b)(1)(A).’’.
(2) ANTIDUMPING
DUTY
PETITION.—Section
732(c) (19 U.S.C. 1673a(c)) is amended to read as
follows:
‘‘(c) PETITION DETERMINATION.—
‘‘(1) IN GENERAL.—
‘‘(A) TIME
FOR
INITIAL
DETERMINA-
TION.—Except as provided in subparagraph
(B), within 20 days after the date on which a
petition is filed under subsection (b), the ad-
ministering authority shall—
‘‘(i) after examining, on the basis of
sources readily available to the administer-
ing authority, the accuracy and adequacy
of the evidence provided in the petition, de-
termine whether the petition alleges the
elements necessary for the imposition of a
duty under section 731 and contains infor-
mation reasonably available to the peti-
tioner supporting the allegations, and
‘‘(ii) determine if the petition has
been filed by or on behalf of the industry.
‘‘(B) EXTENSION OF TIME.—In any case
in which the administering authority is required
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to poll or otherwise determine support for the
petition by the industry under paragraph
(4)(D), the administering authority may, in ex-
ceptional circumstances, apply subparagraph
(A) by substituting ‘a maximum of 40 days’ for
‘20 days’.
‘‘(C) TIME LIMITS WHERE PETITION IN-
VOLVES
SAME
MERCHANDISE
AS
AN
ORDER
THAT
HAS
BEEN
REVOKED.—If a petition is
filed under this section with respect to mer-
chandise that was the subject merchandise of—
‘‘(i) an antidumping duty order or
finding that was revoked under section
751(d) in the 24 months preceding the
date the petition is filed, or
‘‘(ii) a suspended investigation that
was terminated under section 751(d) in the
24 months preceding the date the petition
is filed,
the administering authority and the Commis-
sion shall, to the maximum extent practicable,
expedite any investigation initiated under this
section with respect to the petition.
‘‘(2) AFFIRMATIVE
DETERMINATIONS.—If the
determinations under clauses (i) and (ii) of para-
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graph (1)(A) are affirmative, the administering au-
thority shall initiate an investigation to determine
whether the subject merchandise is being, or is likely
to be, sold in the United States at less than its fair
value.
‘‘(3) NEGATIVE DETERMINATIONS.—If the de-
termination under clause (i) or (ii) of paragraph
(1)(A) is negative, the administering authority shall
dismiss the petition, terminate the proceeding, and
notify the petitioner in writing of the reasons for the
determination.
‘‘(4) DETERMINATION
OF
INDUSTRY
SUP-
PORT.—
‘‘(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 work-
ers 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 work-
ers who support the petition account for
more than 50 percent of the production of
the domestic like product produced by that
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portion of the industry expressing support
for or opposition to the petition.
‘‘(B) 
CERTAIN
POSITIONS
DIS-
REGARDED.—
‘‘(i) PRODUCERS
RELATED
TO
FOR-
EIGN PRODUCERS.—In determining indus-
try support under subparagraph (A), the
administering authority shall disregard the
position of domestic producers who oppose
the petition, if such producers are related
to foreign producers, as defined in section
771(4)(B)(ii), unless such domestic pro-
ducers demonstrate that their interests as
domestic producers would be adversely af-
fected by the imposition of an antidumping
duty order.
‘‘(ii) PRODUCERS WHO ARE IMPORT-
ERS.—The administering authority may
disregard the position of domestic produc-
ers of a domestic like product who are im-
porters of the subject merchandise.
‘‘(C) SPECIAL RULE FOR REGIONAL INDUS-
TRIES.—If the petition alleges the industry is a
regional industry, the administering authority
shall determine whether the petition has been
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filed by or on behalf of the industry by applying
subparagraph (A) on the basis of production in
the region.
‘‘(D) POLLING THE INDUSTRY.—If the pe-
tition does not establish support of domestic
producers or workers accounting for more than
50 percent of the total production of the domes-
tic 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 pro-
ducers 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
PAR-
TIES.—Before 
the 
administering 
authority
makes a determination with respect to initiating
an investigation, any person who would qualify
as an interested party under section 771(9) if
an investigation were initiated, may submit
comments or information on the issue of indus-
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try support. After the administering authority
makes a determination with respect to initiating
an investigation, the determination regarding
industry support shall not be reconsidered.
‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR
WORKERS.—For purposes of this subsection, the
term ‘domestic producers or workers’ means those
interested parties who are eligible to file a petition
under subsection (b)(1)(A).’’.
(b) DETERMINATION BY THE COMMISSION OF REA-
SONABLE INDICATION OF INJURY; PRELIMINARY DETER-
MINATION BY THE ADMINISTERING AUTHORITY.—
(1) COUNTERVAILING DUTY INVESTIGATIONS.—
(A) Section 703(a) (19 U.S.C. 1671b(a))
is amended to read as follows:
‘‘(a) DETERMINATION BY COMMISSION OF REASON-
ABLE INDICATION OF INJURY.—
‘‘(1) GENERAL RULE.—Except in the case of a
petition dismissed by the administering authority
under section 702(c)(3), 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—
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‘‘(i) is materially injured, or
‘‘(ii) is threatened with material in-
jury, 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 neg-
ligible. If the Commission finds that imports of the
subject merchandise are negligible or otherwise
makes a negative determination under this para-
graph, the investigation shall be terminated.
‘‘(2) TIME
FOR
COMMISSION
DETERMINA-
TION.—The Commission shall make the determina-
tion described in paragraph (1)—
‘‘(A) in the case of a petition filed under
section 702(b)—
‘‘(i) within 45 days after the date on
which the petition is filed, or
‘‘(ii) if the time has been extended
pursuant to section 702(c)(1)(B), within
25 days after the date on which the Com-
mission receives notice from the admin-
istering authority of initiation of the inves-
tigation, and
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‘‘(B) in the case of an investigation initi-
ated under section 702(a), within 45 days after
the date on which the Commission receives no-
tice from the administering authority that an
investigation has been initiated under such sec-
tion.’’.
(B) 
Section 
705(b)(1) 
(19 
U.S.C.
1671d(b)(1)) is amended by adding at the end
the following: ‘‘If the Commission determines
that imports of the subject merchandise are
negligible, the investigation shall be termi-
nated.’’.
(C) Section 703(b) (19 U.S.C. 1671b(b))
is amended—
(i) in paragraph (1)—
(I) by striking ‘‘85 days after the
date on which the petition is filed
under section 702(b)’’ and inserting
‘‘65 days after the date on which the
administering authority initiates an
investigation under section 702(c)’’;
(II) by striking ‘‘best informa-
tion’’ and inserting ‘‘information’’;
and
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(III) by striking the last sen-
tence; and
(ii) in paragraph (2), by striking ‘‘85
days after the date on which the petition
is filed under section 702(b)’’ and inserting
‘‘65 days after the date on which the ad-
ministering authority initiates an investiga-
tion under section 702(c)’’.
(D) 
Section 
703(c)(1) 
(19 
U.S.C.
1671b(c)) is amended by striking ‘‘150th day
after the date on which a petition is filed under
section 702(b)’’ and inserting ‘‘130th day after
the date on which the administering authority
initiates an investigation under section 702(c)’’.
(E) 
Section 
702(b)(3) 
(19 
U.S.C.
1671a(b)(3)) is amended by striking ‘‘twenty
days’’ and inserting ‘‘5 days after the date on
which the administering authority initiates an
investigation under subsection (c),’’.
(F) Section 703(f) (19 U.S.C. 1671b(f)) is
amended to read as follows:
‘‘(f) NOTICE
OF DETERMINATION.—Whenever the
Commission or the administering authority makes a deter-
mination under this section, the Commission or the admin-
istering authority, as the case may be, shall notify the pe-
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titioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is
appropriate) of its determination. The administering au-
thority shall include with such notification the facts and
conclusions on which its determination is based. Not later
than 5 days after the date on which the determination is
required to be made under subsection (a)(2), the Commis-
sion shall transmit to the administering authority the facts
and conclusions on which its determination is based.’’.
(2) ANTIDUMPING DUTY INVESTIGATIONS.—
(A) Section 733(a) (19 U.S.C. 1673b(a))
is amended to read as follows:
‘‘(a) DETERMINATION BY COMMISSION OF REASON-
ABLE INDICATION OF INJURY.—
‘‘(1) GENERAL RULE.—Except in the case of a
petition dismissed by the administering authority
under section 732(c)(3), 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 in-
jury, or
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‘‘(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 neg-
ligible. If the Commission finds that imports of the
subject merchandise are negligible or otherwise
makes a negative determination under this para-
graph, the investigation shall be terminated.
‘‘(2) TIME
FOR
COMMISSION
DETERMINA-
TION.—The Commission shall make the determina-
tion described in paragraph (1)—
‘‘(A) in the case of a petition filed under
section 732(b)—
‘‘(i) within 45 days after the date on
which the petition is filed, or
‘‘(ii) if the time has been extended
pursuant to section 732(c)(1)(B), within
25 days after the date on which the Com-
mission receives notice from the admin-
istering authority of initiation of the inves-
tigation, and
‘‘(B) in the case of an investigation initi-
ated under section 732(a), within 45 days after
the date on which the Commission receives no-
tice from the administering authority that an
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investigation has been initiated under such sec-
tion.’’.
(B) 
Section 
735(b)(1) 
(19 
U.S.C.
1673d(b)(1)) is amended by adding at the end
the following: ‘‘If the Commission determines
that imports of the subject merchandise are
negligible, the investigation shall be termi-
nated.’’.
(C) 
Section 
733(b)(1) 
(19 
U.S.C.
1673b(b)(1)) is amended—
(i) in subparagraph (A)—
(I) by striking ‘‘160 days after
the date on which a petition is filed
under section 732(b)’’ and inserting
‘‘140 days after the date on which the
administering authority initiates an
investigation under section 732(c)’’;
and
(II) by striking ‘‘best informa-
tion’’ and inserting ‘‘information’’;
and
(ii) in subparagraph (B)—
(I) by striking ‘‘120’’ and insert-
ing ‘‘100’’;
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(II) by striking ‘‘160’’ and in-
serting ‘‘140’’;
(III) by striking ‘‘100’’ and in-
serting ‘‘80’’; and
(IV) by striking ‘‘160’’ and in-
serting ‘‘140’’.
(D) 
Section 
733(c)(1) 
(19 
U.S.C.
1673b(c)(1)) is amended by striking ‘‘210th
day after the date on which a petition is filed
under section 732(b)’’ and inserting ‘‘190th day
after the date on which the administering au-
thority initiates an investigation under section
732(c)’’.
(E) Section 733(f) (19 U.S.C. 1673b(f)) is
amended to read as follows:
‘‘(f) NOTICE
OF DETERMINATION.—Whenever the
Commission or the administering authority makes a deter-
mination under this section, the Commission or the admin-
istering authority, as the case may be, shall notify the pe-
titioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is
appropriate) of its determination. The administering au-
thority shall include with such notification the facts and
conclusions on which its determination is based. Not later
than 5 days after the date on which the determination is
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required to be made under subsection (a)(2), the Commis-
sion shall transmit to the administering authority the facts
and conclusions on which its determination is based.’’.
SEC. 213. DE MINIMIS DUMPING MARGIN.
(a) 
PRELIMINARY
DETERMINATIONS.—Section
733(b) (19 U.S.C. 1673b(b)) is amended by adding at the
end the following new paragraph:
‘‘(3) DE MINIMIS DUMPING MARGIN.—In mak-
ing a determination under this subsection, the ad-
ministering authority shall disregard any weighted
average dumping margin that is de minimis. For
purposes of the preceding sentence, a weighted aver-
age dumping margin is de minimis if the administer-
ing authority determines that it is less than 2 per-
cent ad valorem or the equivalent specific rate for
the subject merchandise.’’.
(b) FINAL DETERMINATIONS.—Section 735(a) (19
U.S.C. 1673d(a)) is amended by adding at the end the
following new paragraph:
‘‘(4) DE MINIMIS DUMPING MARGIN.—In mak-
ing a determination under this subsection, the ad-
ministering authority shall disregard any weighted
average dumping margin that is de minimis as de-
fined in section 733(b)(3).’’.
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SEC. 214. CRITICAL CIRCUMSTANCES.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—
(1) PRELIMINARY
DETERMINATIONS.—Section
703(e)(1) (19 U.S.C. 1671b(e)(1)) is amended—
(A) in the matter preceding subparagraph
(A) by striking ‘‘best information’’ and insert-
ing ‘‘information’’; and
(B) by amending subparagraphs (A) and
(B) to read as follows:
‘‘(A) the alleged countervailable subsidy is
inconsistent with the Subsidies Agreement, and
‘‘(B) there have been massive imports of
the subject merchandise over a relatively short
period.’’.
(2) FINAL
DETERMINATIONS.—(A) Section
705(a)(2) (19 U.S.C. 1671d(a)(2)) is amended—
(i) in subparagraph (A) by inserting ‘‘Sub-
sidies’’ before ‘‘Agreement’’; and
(ii) in subparagraph (B) by striking ‘‘class
or kind of merchandise involved’’ and inserting
‘‘subject merchandise’’.
(B) 
Section 
705(b)(4)(A) 
(19 
U.S.C.
1671d(b)(4)) is amended to read as follows:
‘‘(A) COMMISSION STANDARD FOR RETRO-
ACTIVE APPLICATION.—
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‘‘(i) IN GENERAL.—If the finding of
the administering authority under sub-
section (a)(2) is affirmative, then the final
determination of the Commission shall in-
clude a finding as to whether the imports
subject to the affirmative determination
under subsection (a)(2) are likely to under-
mine seriously the remedial effect of the
countervailing duty order to be issued
under section 706.
‘‘(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) any rapid increase in inven-
tories of the imports, and
‘‘(III) any other circumstances
indicating that the remedial effect of
the countervailing duty order will be
seriously undermined.’’.
(b) ANTIDUMPING INVESTIGATIONS.—
(1) PRELIMINARY
DETERMINATIONS.—Section
733(e)(1) (19 U.S.C. 1673b(e)(1)) is amended—
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(A) in the matter preceding subparagraph
(A) by striking ‘‘best information’’ and insert-
ing ‘‘information’’; and
(B) by amending subparagraphs (A) and
(B) to read as follows:
‘‘(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 ac-
count, 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.’’.
(2) FINAL
DETERMINATIONS.—(A) Section
735(a)(3) (19 U.S.C. 1673d(a)(3)) is amended—
(i) in clause (i) of subparagraph (A)—
(I) by inserting ‘‘and material injury
by reason of dumped imports’’ after ‘‘his-
tory of dumping’’; and
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(II) by striking ‘‘class or kind of the
merchandise which is the subject of the in-
vestigation’’ and inserting ‘‘subject mer-
chandise’’;
(ii) in clause (ii) of subparagraph (A) by
striking ‘‘merchandise which is the subject of
the investigation at less than its fair value’’ and
inserting ‘‘subject merchandise at less than its
fair value and that there would be material in-
jury by reason of such sales’’; and
(iii) in subparagraph (B) by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(B) 
Section 
735(b)(4)(A) 
(19 
U.S.C.
1673d(b)(4)(A)) is amended to read as follows:
‘‘(A) COMMISSION STANDARD FOR RETRO-
ACTIVE APPLICATION.—
‘‘(i) IN GENERAL.—If the finding of
the administering authority under sub-
section (a)(3) is affirmative, then the final
determination of the Commission shall in-
clude a finding as to whether the imports
subject to the affirmative determination
under subsection (a)(3) are likely to under-
mine seriously the remedial effect of the
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antidumping duty order to be issued under
section 736.
‘‘(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 inven-
tories of the imports, and
‘‘(III) any other circumstances
indicating that the remedial effect of
the antidumping order will be seri-
ously undermined.’’.
SEC. 215. PROVISIONAL MEASURES.
(a) COUNTERVAILING DUTIES.—
(1) SUSPENSION
OF
LIQUIDATION.—Section
703(d) (19 U.S.C. 1671b(d)) is amended—
(A) in paragraph (1), by striking ‘‘ware-
house’’ and all that follows through ‘‘Register,’’
and inserting ‘‘warehouse, for consumption on
or after the later of—
‘‘(A) the date on which notice of the deter-
mination is published in the Federal Register,
or
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‘‘(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
(B) by adding at the end the following:
‘‘The instructions of the administering authority under
paragraphs (1) and (2) may not remain in effect for more
than 4 months.’’.
(2) CRITICAL CIRCUMSTANCES CASES.—Section
703(e)(2) (19 U.S.C. 1671b(e)(2)) is amended by
striking ‘‘warehouse, for consumption on or after the
date which is 90 days before the date on which sus-
pension of liquidation was first ordered.’’ and insert-
ing ‘‘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 deter-
mination to initiate the investigation is pub-
lished in the Federal Register.’’.
(b) ANTIDUMPING DUTIES.—
(1) SUSPENSION
OF
LIQUIDATION.—Section
733(d) (19 U.S.C. 1673b(d)) is amended—
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(A) in paragraph (1), by striking ‘‘ware-
house’’ and all that follows through ‘‘Register,’’
and inserting ‘‘warehouse, for consumption on
or after the later of—
‘‘(A) the date on which notice of the deter-
mination 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
(B) by adding at the end the following:
‘‘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.’’.
(2) CRITICAL CIRCUMSTANCES CASES.—Section
733(e)(2) (19 U.S.C. 1673b(e)(2)) is amended by
striking ‘‘warehouse, for consumption on or after the
date which is 90 days before the date on which sus-
pension of liquidation was first ordered.’’ and insert-
ing ‘‘warehouse, for consumption on or after the
later of—
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‘‘(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 deter-
mination to initiate the investigation is pub-
lished in the Federal Register.’’.
SEC. 216. CONDITIONS ON ACCEPTANCE OF SUSPENSION
AGREEMENTS.
(a) COUNTERVAILING DUTIES.—Section 704(d)(1)
(19 U.S.C. 1671c(d)(1)) is amended by striking ‘‘In apply-
ing’’ and inserting the following:
‘‘Where practicable, the administering authority
shall provide to the exporters who would have been
subject to the agreement the reasons for not accept-
ing the agreement and, to the extent possible, an op-
portunity to submit comments thereon. In applying’’.
(b) ANTIDUMPING
DUTIES.—Section 734(d) (19
U.S.C. 1673c(d)) is amended by adding at the end the
following flush sentence:
‘‘Where practicable, the administering authority shall pro-
vide 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 com-
ments thereon.’’.
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SEC. 217. TERMINATION OF INVESTIGATION.
(a) COUNTERVAILING DUTY INVESTIGATIONS.—Sec-
tion 704(a)(1) (19 U.S.C. 1671c(a)(1)) is amended—
(1) by striking ‘‘Except’’ and inserting ‘‘(A)
WITHDRAWAL OF PETITION.—Except’’;
(2) by indenting the text so as to align it with
subparagraph (B) (as added by paragraph (3) of
this subsection); and
(3) by adding at the end the following:
‘‘(B) REFILING OF PETITION.—If, within 3
months after the withdrawal of a petition under
subparagraph (A), a new petition is filed seek-
ing the imposition of duties on both the subject
merchandise of the withdrawn petition and the
subject merchandise from another country, the
administering authority and the Commission
may use in the investigation initiated pursuant
to the new petition any records compiled in an
investigation conducted pursuant to the with-
drawn petition. This subparagraph applies only
with respect to the first withdrawal of a peti-
tion.’’.
(b) ANTIDUMPING DUTY INVESTIGATIONS.—Section
734(a)(1) (19 U.S.C. 1673c(a)(1)) is amended—
(1) by striking ‘‘Except’’ and inserting ‘‘(A)
WITHDRAWAL OF PETITION.—Except’’;
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(2) by indenting the text so as to align it with
subparagraph (B) (as added by paragraph (3) of
this subsection); and
(3) by adding at the end the following:
‘‘(B) REFILING OF PETITION.—If, within 3
months after the withdrawal of a petition under
subparagraph (A), a new petition is filed seek-
ing the imposition of duties on both the subject
merchandise of the withdrawn petition and the
subject merchandise from another country, the
administering authority and the Commission
may use in the investigation initiated pursuant
to the new petition any records compiled in an
investigation conducted pursuant to the with-
drawn petition. This subparagraph applies only
with respect to the first withdrawal of a peti-
tion.’’.
SEC. 218. SPECIAL RULES FOR REGIONAL INDUSTRIES.
(a) SUSPENSION AGREEMENTS.—
(1) COUNTERVAILING DUTY INVESTIGATIONS.—
Section 704 (19 U.S.C. 1671c) is amended by add-
ing at the end the following new subsection:
‘‘(l) SPECIAL RULE FOR REGIONAL INDUSTRY IN-
VESTIGATIONS.—
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‘‘(1) SUSPENSION AGREEMENTS.—If the Com-
mission makes a regional industry determination
under section 771(4)(C), the administering authority
shall offer exporters of the subject merchandise who
account for substantially all exports of that mer-
chandise for sale in the region concerned the oppor-
tunity to enter into an agreement described in sub-
section (b) or (c).
‘‘(2) REQUIREMENTS FOR SUSPENSION AGREE-
MENTS.—Any agreement described in paragraph (1)
shall be subject to all the requirements imposed
under this section for other agreements under sub-
section (b) or (c), except that if the Commission
makes a regional industry determination described
in paragraph (1) in the final affirmative determina-
tion under section 705(b) but not in the preliminary
affirmative determination under section 703(a), any
agreement described in paragraph (1) may be ac-
cepted within 60 days after the countervailing duty
order is published under section 706.
‘‘(3) EFFECT OF SUSPENSION AGREEMENT ON
COUNTERVAILING
DUTY
ORDER.—If an agreement
described in paragraph (1) is accepted after the
countervailing duty order is published, the admin-
istering authority shall rescind the order, refund any
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cash deposit and release any bond or other security
deposited under section 703(d)(1)(B), and instruct
the Customs Service that entries of the subject mer-
chandise that were made during the period that the
order was in effect shall be liquidated without regard
to countervailing duties.’’.
(2) ANTIDUMPING
INVESTIGATIONS.—Section
734 (19 U.S.C. 1673c) is amended by adding at the
end the following new subsection:
‘‘(m) SPECIAL RULE FOR REGIONAL INDUSTRY IN-
VESTIGATIONS.—
‘‘(1) SUSPENSION AGREEMENTS.—If the Com-
mission makes a regional industry determination
under section 771(4)(C), the administering authority
shall offer exporters of the subject merchandise who
account for substantially all exports of that mer-
chandise for sale in the region concerned the oppor-
tunity to enter into an agreement described in sub-
section (b), (c), or (l).
‘‘(2) REQUIREMENTS FOR SUSPENSION AGREE-
MENTS.—Any agreement described in paragraph (1)
shall be subject to all the requirements imposed
under this section for other agreements under sub-
section (b), (c), or (l), except that if the Commission
makes a regional industry determination described
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in paragraph (1) in the final affirmative determina-
tion under section 735(b) but not in the preliminary
affirmative determination under section 733(a), any
agreement described in paragraph (1) may be ac-
cepted within 60 days after the antidumping order
is published under section 736.
‘‘(3) EFFECT OF SUSPENSION AGREEMENT ON
ANTIDUMPING DUTY ORDER.—If an agreement de-
scribed in paragraph (1) is accepted after the anti-
dumping duty order is published, the administering
authority shall rescind the order, refund any cash
deposit and release any bond or other security de-
posited under section 733(d)(1)(B), and instruct the
Customs Service that entries of the subject merchan-
dise that were made during the period that the order
was in effect shall be liquidated without regard to
antidumping duties.’’.
(b) APPLICABILITY
OF ORDERS
TO NEW SHIP-
PERS.—
(1) COUNTERVAILING
DUTY
CASES.—Section
706 (19 U.S.C. 1671e) is amended by adding at the
end the following new subsection:
‘‘(c) SPECIAL RULE FOR REGIONAL INDUSTRIES.—
‘‘(1) IN GENERAL.—In an investigation under
this subtitle in which the Commission makes a re-
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gional 
industry 
determination 
under 
section
771(4)(C), the administering authority shall, to the
maximum extent possible, direct that duties be as-
sessed only on the subject merchandise of the spe-
cific exporters or producers that exported the subject
merchandise for sale in the region concerned during
the period of investigation.
‘‘(2) EXCEPTION
FOR
NEW
EXPORTERS
AND
PRODUCERS.—After publication of the countervailing
duty order, if the administering authority finds that
a new exporter or producer is exporting the subject
merchandise for sale in the region concerned, the ad-
ministering authority shall direct that duties be as-
sessed on the subject merchandise of the new ex-
porter or producer consistent with the provisions of
section 751(a)(2)(B).’’.
(2) ANTIDUMPING DUTY CASES.—Section 736
(19 U.S.C. 1673e) is amended by adding at the end
the following new subsection:
‘‘(d) SPECIAL RULE FOR REGIONAL INDUSTRIES.—
‘‘(1) IN
GENERAL.—In an investigation in
which the Commission makes a regional industry de-
termination under section 771(4)(C), the administer-
ing authority shall, to the maximum extent possible,
direct that duties be assessed only on the subject
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merchandise of the specific exporters or producers
that exported the subject merchandise for sale in the
region concerned during the period of investigation.
‘‘(2) EXCEPTION
FOR
NEW
EXPORTERS
AND
PRODUCERS.—After publication of the antidumping
duty order, if the administering authority finds that
a new exporter or producer is exporting the subject
merchandise for sale in the region concerned, the ad-
ministering authority shall direct that duties be as-
sessed on the subject merchandise of the new ex-
porter or producer consistent with the provisions of
section 751(a)(2)(B).’’.
SEC. 219. DETERMINATION OF WEIGHTED AVERAGE DUMP-
ING MARGIN.
(a) PRELIMINARY DETERMINATION.—
(1) IN GENERAL.—Section 733(d) (19 U.S.C.
1673b(d)) is amended—
(A) by striking paragraph (2);
(B) by redesignating paragraph (1), as
amended by section 215(b)(1)(A), as paragraph
(2);
(C) by inserting ‘‘and’’ at the end of para-
graph (2), as so redesignated; and
(D) by inserting before such paragraph (2)
the following new paragraph:
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‘‘(1)(A) shall—
‘‘(i) determine an estimated weighted aver-
age dumping margin for each exporter and pro-
ducer individually investigated, and
‘‘(ii) determine, in accordance with section
735(c)(5), an estimated all-others rate for all
exporters and producers not individually inves-
tigated, and
‘‘(B) shall order the posting of a cash deposit,
bond, or other security, as the administering author-
ity 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) 
CONFORMING
AMENDMENTS.—Section
733(b)(1)(A) (19 U.S.C. 1673b(b)(1)(A)) is amend-
ed by striking the last sentence.
(b) FINAL DETERMINATION.—
(1) 
IN
GENERAL.—Section 
735(c)(1) 
(19
U.S.C. 1673d(c)(1)) is amended—
(A) in subparagraph (B)—
(i) by redesignating such subpara-
graph as subparagraph (C); and
(ii) by striking ‘‘under paragraphs (1)
and (2)’’ and all that follows through ‘‘se-
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curity’’ and inserting ‘‘the suspension of
liquidation under section 733(d)(2)’’;
(B) by striking ‘‘and’’ at the end of sub-
paragraph (A); and
(C) by inserting after subparagraph (A)
the following new subparagraph:
‘‘(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 in-
dividually 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 esti-
mated weighted average dumping margin or the
estimated all-others rate, whichever is applica-
ble, and’’.
(2) METHOD FOR DETERMINING WEIGHTED AV-
ERAGE
DUMPING
MARGIN.—Section 735(c) (19
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U.S.C. 1673d(c)) is amended by adding at the end
the following new paragraph:
‘‘(5) METHOD FOR DETERMINING ESTIMATED
ALL-OTHERS RATE.—
‘‘(A) GENERAL
RULE.—For purposes of
this subsection and section 733(d), the esti-
mated all-others rate shall be an amount equal
to the weighted average of the estimated
weighted average dumping margins established
for exporters and producers individually inves-
tigated, excluding any zero and de minimis
margins, and any margins determined entirely
under section 776.
‘‘(B) 
EXCEPTION.—If 
the 
estimated
weighted average dumping margins established
for all exporters and producers individually in-
vestigated are zero or de minimis margins, or
are determined entirely under section 776, the
administering authority may use any reasonable
method to establish the estimated all-others
rate for exporters and producers not individ-
ually investigated, including averaging the esti-
mated weighted average dumping margins de-
termined for the exporters and producers indi-
vidually investigated.’’.
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(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 733(e)(2) is amended by striking
‘‘subsection 
(d)(1)’’ 
and 
inserting 
‘‘subsection
(d)(2)’’.
(2) Section 734(f)(2)(A) is amended—
(A) in clause (i), by striking ‘‘section
733(d)(1)’’ and inserting ‘‘section 733(d)(2)’’;
and
(B) in clause (iii), by striking ‘‘section
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
(3) Section 734(f)(2)(B) is amended—
(A) by striking ‘‘section 733(d)(1)’’ and in-
serting ‘‘section 733(d)(2)’’; and
(B) by striking ‘‘section 733(d)(2)’’ and
inserting ‘‘section 733(d)(1)(B)’’.
(4) Section 734(h)(3) is amended—
(A) in subparagraph (A), by striking ‘‘sec-
tion 
733(d)(1)’’ 
and 
inserting 
‘‘section
733(d)(2)’’; and
(B) in subparagraph (B), by striking ‘‘sec-
tion 
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
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(5) Section 734(i)(1)(A) is amended by striking
‘‘section 
733(d)(1)’’ 
and 
inserting 
‘‘section
733(d)(2)’’.
(6) Section 735(c)(2)(A) is amended by striking
‘‘section 
703(d)(1)’’ 
and 
inserting 
‘‘section
733(d)(2)’’.
(7) Section 735(c)(2)(B) is amended by striking
‘‘section 
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
(8) Section 735(c)(3)(B) is amended by striking
‘‘section 
733(d)(2)’’ 
and 
inserting 
‘‘section
733(d)(1)(B)’’.
(9) Section 736(b)(1) is amended by striking
‘‘section 733(d)(1)’’ each place it appears and in-
serting ‘‘section 733(d)(2)’’.
(10) Section 737(a) is amended by striking
‘‘section 733(d)(2)’’ each place it appears in the
heading and in the text and inserting ‘‘section
733(d)(1)(B)’’.
SEC. 220. REVIEW OF DETERMINATIONS.
(a) IN GENERAL.—Section 751 (19 U.S.C. 1675) is
amended to read as follows:
‘‘SEC. 751. ADMINISTRATIVE REVIEW OF DETERMINATIONS.
‘‘(a) PERIODIC REVIEW OF AMOUNT OF DUTY.—
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‘‘(2) DETERMINATION
OF
ANTIDUMPING
DU-
TIES.—
‘‘(A) IN
GENERAL.—For the purpose of
paragraph (1)(B), the administering authority
shall determine—
‘‘(i) the normal value and export price
(or constructed export price) of each entry
of the subject merchandise, and
‘‘(ii) the dumping margin for each
such entry.
‘‘(B) DETERMINATION
OF
ANTIDUMPING
OR
COUNTERVAILING
DUTIES
FOR
NEW
EX-
PORTERS AND PRODUCERS.—
‘‘(i) IN GENERAL.—If the administer-
ing authority receives a request from an
exporter or producer of the subject mer-
chandise establishing that—
‘‘(I) such exporter or producer
did not export the merchandise that
was the subject of an antidumping
duty or countervailing duty order to
the United States (or, in the case of
a regional industry, did not export the
subject merchandise for sale in the re-
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gion concerned) during the period of
investigation, and
‘‘(II) such exporter or producer
is not affiliated (within the meaning
of section 771(33)) with any exporter
or producer who exported the subject
merchandise to the United States (or
in the case of a regional industry, who
exported the subject merchandise for
sale in the region concerned) during
that period,
the administering authority shall conduct a
review under this subsection to establish
an individual weighted average dumping
margin or an individual countervailing
duty rate (as the case may be) for such ex-
porter or producer.
‘‘(ii) 
TIME
FOR
REVIEW
UNDER
CLAUSE (i).—The administering authority
shall commence a review under clause (i)
in the calendar month beginning after—
‘‘(I) the end of the 6-month pe-
riod beginning on the date of the
countervailing duty or antidumping
duty order under review, or
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‘‘(II) the end of any 6-month pe-
riod occurring thereafter,
if the request for the review is made dur-
ing that 6-month period.
‘‘(iii) POSTING BOND OR SECURITY.—
The administering authority shall, at the
time a review under this subparagraph is
initiated, direct the Customs Service to
allow, at the option of the importer, the
posting, until the completion of the review,
of a bond or security in lieu of a cash de-
posit for each entry of the subject mer-
chandise.
‘‘(iv) TIME LIMITS.—The administer-
ing authority shall make a preliminary de-
termination in a review conducted under
this subparagraph within 180 days after
the date on which the review is initiated,
and a final determination within 90 days
after the date the preliminary determina-
tion is issued, except that if the admin-
istering authority concludes that the case
is extraordinarily complicated, it may ex-
tend the 180-day period to 300 days and
may extend the 90-day period to 150 days.
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‘‘(C) RESULTS OF DETERMINATIONS.—The
determination under this paragraph shall be the
basis for the assessment of countervailing or
antidumping duties on entries of merchandise
covered by the determination and for deposits
of estimated duties.
‘‘(3) TIME LIMITS.—
‘‘(A) PRELIMINARY
AND
FINAL
DETER-
MINATIONS.—The administering authority shall
make a preliminary determination under sub-
paragraph (A), (B), or (C) of paragraph (1)
within 245 days after the last day of the month
in which occurs the anniversary of the date of
publication of the order, finding, or suspension
agreement for which the review under para-
graph (1) is requested, and a final determina-
tion under paragraph (1) within 120 days after
the date on which the preliminary determina-
tion is published. If it is not practicable to com-
plete the review within the foregoing time, the
administering authority may extend that 245-
day period to 365 days and may extend that
120-day period to 180 days. The administering
authority may extend the time for making a
final determination without extending the time
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for making a preliminary determination, if such
final determination is made not later than 300
days after the date on which the preliminary
determination is published.
‘‘(B) LIQUIDATION
OF
ENTRIES.—If the
administering authority orders any liquidation
of entries pursuant to a review under paragraph
(1), such liquidation shall be made promptly
and, to the greatest extent practicable, within
90 days after the instructions to Customs are
issued. In any case in which liquidation has not
occurred within that 90-day period, the Sec-
retary of the Treasury shall, upon the request
of the affected party, provide an explanation
thereof.
‘‘(C) EFFECT OF PENDING REVIEW UNDER
SECTION 516A.—In a case in which a final de-
termination under paragraph (1) is under re-
view under section 516A and a liquidation of
entries covered by the determination is enjoined
under section 516A(c)(2) or suspended under
section 516A(g)(5)(C), the administering au-
thority shall, within 10 days after the final dis-
position of the review under section 516A,
transmit to the Federal Register for publication
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the final disposition and issue instructions to
the Customs Service with respect to the liquida-
tion of entries pursuant to the review. In such
a case, the 90-day period referred to in sub-
paragraph (B) shall begin on the day on which
the administering authority issues such instruc-
tions.
‘‘(4) ABSORPTION OF ANTIDUMPING DUTIES.—
During any review under this subsection initiated 2
years or 4 years after the publication of an anti-
dumping duty order under section 736(a), the ad-
ministering authority, if requested, shall determine
whether antidumping duties have been absorbed by
a foreign producer or exporter subject to the order
if the subject merchandise is sold in the United
States through an importer who is affiliated with
such foreign producer or exporter. The administer-
ing authority shall notify the Commission of its find-
ings regarding such duty absorption for the Commis-
sion to consider in conducting a review under sub-
section (c).
‘‘(b) 
REVIEWS
BASED
ON
CHANGED
CIR-
CUMSTANCES.—
‘‘(1) IN GENERAL.—Whenever the administer-
ing authority or the Commission receives informa-
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tion concerning, or a request from an interested
party for a review of—
‘‘(A) a final affirmative determination that
resulted in an antidumping duty order under
this title or a finding under the Antidumping
Act, 1921, or in a countervailing duty order
under this title or section 303,
‘‘(B) a suspension agreement accepted
under section 704 or 734, or
‘‘(C) a final affirmative determination re-
sulting from an investigation continued pursu-
ant to section 704(g) or 734(g),
which shows changed circumstances sufficient to
warrant a review of such determination or agree-
ment, the administering authority or the Commis-
sion (as the case may be) shall conduct a review of
the determination or agreement after publishing no-
tice of the review in the Federal Register.
‘‘(2) COMMISSION
REVIEW.—In conducting a
review under this subsection, the Commission
shall—
‘‘(A) in the case of a countervailing duty
order or antidumping duty order or finding, de-
termine whether revocation of the order or find-
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ing is likely to lead to continuation or recur-
rence of material injury,
‘‘(B) in the case of a determination made
pursuant to section 704(h)(2) or 734(h)(2), de-
termine whether the suspension agreement con-
tinues to eliminate completely the injurious ef-
fects of imports of the subject merchandise, and
‘‘(C) in the case of an affirmative deter-
mination resulting from an investigation contin-
ued under section 704(g) or 734(g), determine
whether termination of the suspended investiga-
tion is likely to lead to continuation or recur-
rence of material injury.
‘‘(3) BURDEN OF PERSUASION.—During a re-
view conducted by the Commission under this sub-
section—
‘‘(A) the party seeking revocation of an
order or finding described in paragraph (1)(A)
shall have the burden of persuasion with respect
to whether there are changed circumstances
sufficient to warrant such revocation, and
‘‘(B) the party seeking termination of a
suspended investigation or a suspension agree-
ment shall have the burden of persuasion with
respect to whether there are changed cir-
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cumstances sufficient to warrant such termi-
nation.
‘‘(4) LIMITATION ON PERIOD FOR REVIEW.—In
the absence of good cause shown—
‘‘(A) the Commission may not review a de-
termination made under section 705(b) or
735(b), or an investigation suspended under
section 704 or 734, and
‘‘(B) the administering authority may not
review a determination made under section
705(a) or 735(a), or an investigation suspended
under section 704 or 734,
less than 24 months after the date of publication of
notice of that determination or suspension.
‘‘(c) FIVE-YEAR REVIEW.—
‘‘(1) IN GENERAL.—Notwithstanding subsection
(b) and except in the case of a transition order de-
fined in paragraph (6), 5 years after the date of
publication of—
‘‘(A) a countervailing duty order (other
than a countervailing duty order to which sub-
paragraph (B) applies or which was issued
without an affirmative determination of injury
by the Commission under section 303), an anti-
dumping duty order, or a notice of suspension
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of an investigation, described in subsection
(a)(1),
‘‘(B) a notice of injury determination
under section 753 with respect to a countervail-
ing duty order, or
‘‘(C) a determination under this section to
continue an order or suspension agreement,
the administering authority and the Commission
shall conduct a review to determine, in accordance
with section 752, whether revocation of the counter-
vailing or antidumping duty order or termination of
the investigation suspended under section 704 or
734 would be likely to lead to continuation or recur-
rence of dumping or a countervailable subsidy (as
the case may be) and of material injury.
‘‘(2) NOTICE OF INITIATION OF REVIEW.—Not
later than 30 days before the fifth anniversary of the
date described in paragraph (1), the administering
authority shall publish in the Federal Register a no-
tice of initiation of a review under this subsection
and request that interested parties submit—
‘‘(A) a statement expressing their willing-
ness to participate in the review by providing
information requested by the administering au-
thority and the Commission,
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‘‘(B) a statement regarding the likely ef-
fects of revocation of the order or termination
of the suspended investigation, and
‘‘(C) such other information or industry
data as the administering authority or the Com-
mission may specify.
‘‘(3) RESPONSES TO NOTICE OF INITIATION.—
‘‘(A) NO
RESPONSE.—If no interested
party responds to the notice of initiation under
this subsection, the administering authority
shall issue a final determination, within 90 days
after the initiation of a review, revoking the
order or terminating the suspended investiga-
tion to which such notice relates. For purposes
of this paragraph, an interested party means a
party described in section 771(9) (C), (D), (E),
(F), or (G).
‘‘(B) INADEQUATE
RESPONSE.—If inter-
ested parties provide inadequate responses to a
notice of initiation, the administering authority,
within 120 days after the initiation of the re-
view, or the Commission, within 150 days after
such initiation, may issue, without further in-
vestigation, a final determination based on the
facts available, in accordance with section 776.
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‘‘(4) WAIVER OF PARTICIPATION BY CERTAIN
INTERESTED PARTIES.—
‘‘(A) IN
GENERAL.—An interested party
described in section 771(9) (A) or (B) may
elect not to participate in a review conducted by
the administering authority under this sub-
section and to participate only in the review
conducted by the Commission under this sub-
section.
‘‘(B) EFFECT OF WAIVER.—In a review in
which an interested party waives its participa-
tion pursuant to this paragraph, the admin-
istering authority shall conclude that revocation
of the order or termination of the investigation
would be likely to lead to continuation or recur-
rence of dumping or a countervailable subsidy
(as the case may be) with respect to that inter-
ested party.
‘‘(5) CONDUCT OF REVIEW.—
‘‘(A) TIME LIMITS FOR COMPLETION OF
REVIEW.—Unless the review has been com-
pleted pursuant to paragraph (3) or paragraph
(4) applies, the administering authority shall
make its final determination pursuant to sec-
tion 752 (b) or (c) within 240 days after the
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date on which a review is initiated under this
subsection. If the administering authority
makes a final affirmative determination, the
Commission shall make its final determination
pursuant to section 752(a) within 360 days
after the date on which a review is initiated
under this subsection.
‘‘(B) EXTENSION
OF
TIME
LIMIT.—The
administering authority or the Commission (as
the case may be) may extend the period of time
for making their respective determinations
under this subsection by not more than 90
days, if the administering authority or the Com-
mission (as the case may be) determines that
the review is extraordinarily complicated. In a
review in which the administering authority ex-
tends the time for making a final determina-
tion, but the Commission does not extend the
time for making a determination, the Commis-
sion’s determination shall be made not later
than 120 days after the date on which the final
determination of the administering authority is
published.
‘‘(C) EXTRAORDINARILY COMPLICATED.—
For purposes of this subsection, the administer-
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ing authority or the Commission (as the case
may be) may treat a review as extraordinarily
complicated if—
‘‘(i) there is a large number of issues,
‘‘(ii) the issues to be considered are
complex,
‘‘(iii) there is a large number of firms
involved,
‘‘(iv) the orders or suspended inves-
tigations have been grouped as described
in subparagraph (D), or
‘‘(v) it is a review of a transition
order.
‘‘(D) GROUPED REVIEWS.—The Commis-
sion, in consultation with the administering au-
thority, may group orders or suspended inves-
tigations for review if it considers that such
grouping is appropriate and will promote ad-
ministrative efficiency. Where orders or sus-
pended investigations have been grouped, the
Commission shall, subject to subparagraph (B),
make its final determination under this sub-
section not later than 120 days after the date
that the administering authority publishes no-
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tice of its final determination with respect to
the last order or agreement in the group.
‘‘(6) SPECIAL TRANSITION RULES.—
‘‘(A) SCHEDULE FOR REVIEWS OF TRANSI-
TION ORDERS.—
‘‘(i) INITIATION.—The administering
authority shall begin its review of transi-
tion orders in the 42d calendar month
after the date such orders are issued. A re-
view of all transition orders shall be initi-
ated not later than the 5th anniversary
after the date such orders are issued.
‘‘(ii) COMPLETION.—A review of a
transition order shall be completed not
later than 18 months after the date such
review is initiated. Reviews of all transition
orders shall be completed not later than 18
months after the 5th anniversary of the
date such orders are issued.
‘‘(iii) SUBSEQUENT
REVIEWS.—The
time limits set forth in clauses (i) and (ii)
shall be applied to all subsequent 5-year
reviews of transition orders by substituting
‘date of the determination to continue such
orders’ for ‘date such orders are issued’.
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‘‘(iv) 
REVOCATION
AND
TERMI-
NATION.—No transition order may be re-
voked under this subsection before the date
that is 5 years after the date the WTO
Agreement enters into force with respect to
the United States.
‘‘(B) SEQUENCE
OF
TRANSITION
RE-
VIEWS.—The administering authority, in con-
sultation with the Commission, shall determine
such sequence of review of transition orders as
it deems appropriate to promote administrative
efficiency. To the extent practicable, older or-
ders shall be reviewed first.
‘‘(C) 
DEFINITION
OF
TRANSITION
ORDER.—For purposes of this section, the term
‘transition order’ means—
‘‘(i) a countervailing duty order under
this title or under section 303,
‘‘(ii) an antidumping duty order under
this title or a finding under the Antidump-
ing Act, 1921, or
‘‘(iii) a suspension of an investigation
under section 704 or 734,
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which is in effect on the date the WTO Agree-
ment enters into force with respect to the Unit-
ed States.
‘‘(D) ISSUE
DATE
FOR
TRANSITION
OR-
DERS.—For purposes of this subsection, a tran-
sition order shall be treated as issued on the
date the WTO Agreement enters into force with
respect to the United States, if such order is
based on an investigation conducted by both the
administering authority and the Commission.
‘‘(d) REVOCATION OF ORDER OR FINDING; TERMI-
NATION OF SUSPENDED INVESTIGATION.—
‘‘(1) IN GENERAL.—The administering author-
ity may revoke, in whole or in part, a countervailing
duty order or an antidumping duty order or finding,
or terminate a suspended investigation, after review
under subsection (a) or (b). The administering au-
thority shall not revoke, in whole or in part, a coun-
tervailing duty order or terminate a suspended in-
vestigation on the basis of any export taxes, duties,
or other charges levied on the export of the subject
merchandise to the United States which are specifi-
cally intended to offset the countervailable subsidy
received.
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‘‘(2) FIVE-YEAR REVIEWS.—In the case of a re-
view conducted under subsection (c), the administer-
ing authority shall revoke a countervailing duty
order or an antidumping duty order or finding, or
terminate a suspended investigation, unless—
‘‘(A) the administering authority makes a
determination 
that 
dumping 
or 
a
countervailable subsidy, as the case may be,
would be likely to continue or recur, and
‘‘(B) the Commission makes a determina-
tion that material injury would be likely to con-
tinue or recur as described in section 752(a).
‘‘(3) APPLICATION OF REVOCATION OR TERMI-
NATION.—A determination under this section to re-
voke an order or finding or terminate a suspended
investigation shall apply with respect to unliquidated
entries of the subject merchandise which are en-
tered, or withdrawn from warehouse, for consump-
tion on or after the date determined by the admin-
istering authority.
‘‘(e) HEARINGS.—Whenever the administering au-
thority or the Commission conducts a review under this
section, it shall, upon the request of an interested party,
hold a hearing in accordance with section 774(b) in con-
nection with that review.
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‘‘(f) DETERMINATION THAT BASIS FOR SUSPENSION
NO LONGER EXISTS.—If the determination of the Com-
mission under subsection (b)(2)(B) is negative, the sus-
pension agreement shall be treated as not accepted, begin-
ning on the date of publication of the Commission’s deter-
mination, and the administering authority and the Com-
mission shall proceed, under section 704(i) or 734(i), as
if the suspension agreement had been violated on that
date, except that no duty under any order subsequently
issued shall be assessed on merchandise entered, or with-
drawn from warehouse, for consumption before that date.
‘‘(g) CORRECTION OF MINISTERIAL ERRORS.—The
administering authority shall establish procedures for the
correction of ministerial errors in final determinations
within a reasonable time after the determinations are is-
sued under this section. Such procedures shall ensure op-
portunity for interested parties to present their views re-
garding any such errors. As used in this subsection, the
term ‘ministerial error’ includes errors in addition, sub-
traction, or other arithmetic function, clerical errors re-
sulting from inaccurate copying, duplication, or the like,
and any other type of unintentional error which the ad-
ministering authority considers ministerial.’’.
(b) REVIEW OF DETERMINATIONS.—
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(1) IN
GENERAL.—Section 516A(a)(1) (19
U.S.C. 1516A(a)(1)) is amended by striking ‘‘or’’ at
the end of subparagraph (B), by inserting ‘‘or’’ at
the end of subparagraph (C), and by inserting im-
mediately after subparagraph (C) the following new
subparagraph:
‘‘(D) a final determination by the admin-
istering authority or the Commission under sec-
tion 751(c)(3),’’.
(2) 
TECHNICAL
AMENDMENTS.—Section
516A(b)(1) (19 U.S.C. 1516a(b)(1)) is amended—
(A) in subparagraph (A), by striking
‘‘under paragraph (1) of subsection (a)’’ and in-
serting ‘‘under subparagraph (A), (B), or (C) of
subsection (a)(1)’’, and
(B) in subparagraph (B)—
(i) by striking ‘‘(B) in an action’’ and
inserting ‘‘(B)(i) in an action’’,
(ii) by striking the end period and in-
serting ‘‘, or’’, and
(iii) by adding at the end the follow-
ing:
‘‘(ii) in an action brought under para-
graph (1)(D) of subsection (a), to be arbi-
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trary, capricious, an abuse of discretion, or
otherwise not in accordance with law.’’.
(c) CONFORMING AMENDMENT.—Section 504 (19
U.S.C. 1504) is amended—
(1) in subsection (a), by inserting ‘‘except as
provided in section 751(a)(3),’’ before ‘‘an entry of
merchandise not liquidated’’, and
(2) in subsection (d), by striking ‘‘When a sus-
pension’’ and inserting ‘‘Except as provided in sec-
tion 751(a)(3), when a suspension’’.
SEC. 221. REVIEW DETERMINATIONS.
(a) IN GENERAL.—Chapter 1 of subtitle C of title
VII (19 U.S.C. 1675) is amended by adding at the end
the following new section:
‘‘SEC. 752. SPECIAL RULES FOR SECTION 751(b) AND 751(c)
REVIEWS.
‘‘(a) DETERMINATION OF LIKELIHOOD OF CONTINU-
ATION OR RECURRENCE OF MATERIAL INJURY.—
‘‘(1) IN
GENERAL.—In a review conducted
under section 751 (b) or (c), the Commission shall
determine whether revocation of an order, or termi-
nation of a suspended investigation, would be likely
to lead to continuation or recurrence of material in-
jury within a reasonably foreseeable time. The Com-
mission shall consider the likely volume, price effect,
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and impact of imports of the subject merchandise on
the industry if the order is revoked or the suspended
investigation is terminated. The Commission shall
take into account—
‘‘(A) its prior injury determinations, in-
cluding the volume, price effect, and impact of
imports of the subject merchandise on the in-
dustry before the order was issued or the sus-
pension agreement was accepted,
‘‘(B) whether any improvement in the state
of the industry is related to the order or the
suspension agreement,
‘‘(C) whether the industry is vulnerable to
material injury if the order is revoked or the
suspension agreement is terminated, and
‘‘(D) in an antidumping proceeding under
section 751(c), the findings of the administer-
ing authority regarding duty absorption under
section 751(a)(4).
‘‘(2) VOLUME.—In evaluating the likely volume
of imports of the subject merchandise if the order is
revoked or the suspended investigation is termi-
nated, the Commission shall consider whether the
likely volume of imports of the subject merchandise
would be significant if the order is revoked or the
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suspended investigation is terminated, either in ab-
solute terms or relative to production or consump-
tion in the United States. In so doing, the Commis-
sion shall consider all relevant economic factors, in-
cluding—
‘‘(A) any likely increase in production ca-
pacity or existing unused production capacity in
the exporting country,
‘‘(B) existing inventories of the subject
merchandise, or likely increases in inventories,
‘‘(C) the existence of barriers to the impor-
tation of such merchandise into countries other
than the United States, and
‘‘(D) the potential for product-shifting if
production facilities in the foreign country,
which can be used to produce the subject mer-
chandise, are currently being used to produce
other products.
‘‘(3) PRICE.—In evaluating the likely price ef-
fects of imports of the subject merchandise if the
order is revoked or the suspended investigation is
terminated, the Commission shall consider wheth-
er—
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‘‘(A) there is likely to be significant price
underselling by imports of the subject merchan-
dise as compared to domestic like products, and
‘‘(B) imports of the subject merchandise
are likely to enter the United States at prices
that otherwise would have a significant depress-
ing or suppressing effect on the price of domes-
tic like products.
‘‘(4) IMPACT ON THE INDUSTRY.—In evaluating
the likely impact of imports of the subject merchan-
dise on the industry if the order is revoked or the
suspended investigation is terminated, the Commis-
sion shall consider all relevant economic factors
which are likely to have a bearing on the state of the
industry in the United States, including, but not
limited to—
‘‘(A) likely declines in output, sales, mar-
ket share, profits, productivity, return on in-
vestments, and utilization of capacity,
‘‘(B) likely negative effects on cash flow,
inventories, employment, wages, growth, ability
to raise capital, and investment, and
‘‘(C) likely negative effects on the existing
development and production efforts of the in-
dustry, including efforts to develop a derivative
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or more advanced version of the domestic like
product.
The Commission shall evaluate all relevant economic
factors described in this paragraph within the con-
text of the business cycle and the conditions of com-
petition that are distinctive to the affected industry.
‘‘(5) BASIS FOR DETERMINATION.—The pres-
ence or absence of any factor which the Commission
is required to consider under this subsection shall
not necessarily give decisive guidance with respect to
the Commission’s determination of whether material
injury is likely to continue or recur within a reason-
ably foreseeable time if the order is revoked or the
suspended investigation is terminated. In making
that determination, the Commission shall consider
that the effects of revocation or termination may not
be imminent, but may manifest themselves only over
a longer period of time.
‘‘(6) MAGNITUDE OF MARGIN OF DUMPING AND
NET
COUNTERVAILABLE
SUBSIDY; 
NATURE
OF
COUNTERVAILABLE SUBSIDY.—In making a deter-
mination under section 751 (b) or (c), the Commis-
sion may consider the magnitude of the margin of
dumping or the magnitude of the net countervailable
subsidy. If a countervailable subsidy is involved the
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Commission shall consider information regarding the
nature of the countervailable subsidy and whether
the subsidy is a subsidy described in Article 3 or 6.1
of the Subsidies Agreement.
‘‘(7) CUMULATION.—For purposes of this sub-
section, the Commission may cumulatively assess the
volume and effect of imports of the subject merchan-
dise from all countries with respect to which reviews
under section 751 (b) or (c) were initiated on the
same day, if such imports would be likely to compete
with each other and with domestic like products in
the United States market. The Commission shall not
cumulatively assess the volume and effects of im-
ports of the subject merchandise in a case in which
it determines that such imports are likely to have no
discernible adverse impact on the domestic industry.
‘‘(8) SPECIAL
RULE
FOR
REGIONAL
INDUS-
TRIES.—In a review under section 751 (b) or (c) in-
volving a regional industry, the Commission may
base its determination on the regional industry de-
fined in the original investigation under this title,
another region that satisfies the criteria established
in section 771(4)(C), or the United States as a
whole. In determining if a regional industry analysis
is appropriate for the determination in the review,
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the Commission shall consider whether the criteria
established in section 771(4)(C) are likely to be sat-
isfied if the order is revoked or the suspended inves-
tigation is terminated.
‘‘(b) DETERMINATION OF LIKELIHOOD OF CONTINU-
ATION OR RECURRENCE OF A COUNTERVAILABLE SUB-
SIDY.—
‘‘(1) IN
GENERAL.—In a review conducted
under section 751(c), the administering authority
shall determine whether revocation of a countervail-
ing duty order or termination of a suspended inves-
tigation under section 704 would be likely to lead to
continuation or recurrence of a countervailable sub-
sidy. The administering authority shall consider—
‘‘(A) the net countervailable subsidy deter-
mined in the investigation and subsequent re-
views, and
‘‘(B) whether any change in the program
which gave rise to the net countervailable sub-
sidy described in subparagraph (A) has oc-
curred that is likely to affect that net
countervailable subsidy.
‘‘(2) CONSIDERATION OF OTHER FACTORS.—If
good cause is shown, the administering authority
shall also consider—
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‘‘(A) programs determined to provide
countervailable subsidies in other investigations
or reviews under this title, but only to the ex-
tent that such programs—
‘‘(i) can potentially be used by the ex-
porters or producers subject to the review
under section 751(c), and
‘‘(ii) did not exist at the time that the
countervailing duty order was issued or the
suspension agreement was accepted, and
‘‘(B) programs newly alleged to provide
countervailable subsidies but only to the extent
that the administering authority makes an af-
firmative countervailing duty determination
with respect to such programs and with respect
to the exporters or producers subject to the re-
view.
‘‘(3) NET
COUNTERVAILABLE
SUBSIDY.—The
administering authority shall provide to the Commis-
sion the net countervailable subsidy that is likely to
prevail if the order is revoked or the suspended in-
vestigation is terminated. The administering author-
ity shall normally choose a net countervailable sub-
sidy that was determined under section 705 or sub-
section (a) or (b)(1) of section 751.
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‘‘(4) SPECIAL RULE.—
‘‘(A) TREATMENT
OF
ZERO
AND
DE
MINIMIS RATES.—A net countervailable subsidy
described in paragraph (1)(A) that is zero or de
minimis shall not by itself require the admin-
istering authority to determine that revocation
of a countervailing duty order or termination of
a suspended investigation would not be likely to
lead to continuation or recurrence of a
countervailable subsidy.
‘‘(B) APPLICATION OF DE MINIMIS STAND-
ARDS.—For purposes of this paragraph, the ad-
ministering authority shall apply the de minimis
standards applicable to reviews conducted under
subsections (a) and (b)(1) of section 751.
‘‘(c) DETERMINATION OF LIKELIHOOD OF CONTINU-
ATION OR RECURRENCE OF DUMPING.—
‘‘(1) IN
GENERAL.—In a review conducted
under section 751(c), the administering authority
shall determine whether revocation of an antidump-
ing duty order or termination of a suspended inves-
tigation under section 734 would be likely to lead to
continuation or recurrence of sales of the subject
merchandise at less than fair value. The administer-
ing authority shall consider—
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‘‘(A) the weighted average dumping mar-
gins determined in the investigation and subse-
quent reviews, and
‘‘(B) the volume of imports of the subject
merchandise for the period before and the pe-
riod after the issuance of the antidumping duty
order or acceptance of the suspension agree-
ment.
‘‘(2) CONSIDERATION OF OTHER FACTORS.—If
good cause is shown, the administering authority
shall also consider such other price, cost, market, or
economic factors as it deems relevant.
‘‘(3) MAGNITUDE OF THE MARGIN OF DUMP-
ING.—The administering authority shall provide to
the Commission the magnitude of the margin of
dumping that is likely to prevail if the order is re-
voked or the suspended investigation is terminated.
The administering authority shall normally choose a
margin that was determined under section 735 or
under subsection (a) or (b)(1) of section 751.
‘‘(4) SPECIAL RULE.—
‘‘(A) TREATMENT OF ZERO OR DE MINIMIS
MARGINS.—A dumping margin described in
paragraph (1)(A) that is zero or de minimis
shall not by itself require the administering au-
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thority to determine that revocation of an anti-
dumping duty order or termination of a sus-
pended investigation would not be likely to lead
to continuation or recurrence of sales at less
than fair value.
‘‘(B) APPLICATION OF DE MINIMIS STAND-
ARDS.—For purposes of this paragraph, the ad-
ministering authority shall apply the de minimis
standards applicable to reviews conducted under
subsections (a) and (b) of section 751.’’.
(b) AFFIRMATIVE DETERMINATIONS
BY DIVIDED
COMMISSION.—Section 771(11) (19 U.S.C. 1677(11)) is
amended by inserting ‘‘, including a determination under
section 751,’’ after ‘‘determination by the Commission’’.
(c) CONFORMING AMENDMENT.—The table of con-
tents for title VII is amended by inserting after the item
relating to section 751 the following:
‘‘Sec. 752. Special rules for section 751(b) and 751(c) reviews.’’.
SEC. 222. DEFINITIONS.
(a) INDUSTRY.—
(1) IN GENERAL.—Subparagraphs (A) and (B)
of section 771(4) (19 U.S.C. 1677(4) (A) and (B))
are amended to read as follows:
‘‘(A) IN
GENERAL.—The term ‘industry’
means the producers as a whole of a domestic
like product, or those producers whose collective
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output of a domestic like product constitutes a
major proportion of the total domestic produc-
tion of the product.
‘‘(B) RELATED PARTIES.—
‘‘(i) If a producer of a domestic like
product and an exporter or importer of the
subject merchandise are related parties, or
if a producer of the domestic like product
is also an importer of the subject merchan-
dise, the producer may, in appropriate cir-
cumstances, be excluded from the industry.
‘‘(ii) For purposes of clause (i), a pro-
ducer and an exporter or importer shall be
considered to be related parties, if—
‘‘(I) the producer directly or indi-
rectly controls the exporter or im-
porter,
‘‘(II) the exporter or importer di-
rectly or indirectly controls the pro-
ducer,
‘‘(III) a third party directly or
indirectly controls the producer and
the exporter or importer, or
‘‘(IV) the producer and the ex-
porter or importer directly or indi-
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rectly control a third party and there
is reason to believe that the relation-
ship causes the producer to act dif-
ferently than a nonrelated producer.
For purposes of this subparagraph, a party
shall be considered to directly or indirectly
control another party if the party is legally
or operationally in a position to exercise
restraint or direction over the other
party.’’.
(2) REGIONAL
INDUSTRY.—Section 771(4)(C)
(19 U.S.C. 1677(4)(C)) is amended by adding at the
end the following new sentence: ‘‘The term ‘regional
industry’ means the domestic producers within a re-
gion who are treated as a separate industry under
this subparagraph.’’.
(b) IMPACT ON AFFECTED DOMESTIC INDUSTRY.—
(1) IN
GENERAL.—Section 771(7)(C)(iii) (19
U.S.C. 1677(7)(C)(iii)) is amended—
(A) by striking ‘‘and’’ at the end of
subclause (III), and
(B) by striking the period at the end of
subclause (IV) and inserting ‘‘, and
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‘‘(V) in a proceeding under sub-
title B, the magnitude of the margin
of dumping.’’.
(2) CAPTIVE PRODUCTION.—Section 771(7)(C)
(19 U.S.C. 1677(7)(C)) is amended by striking
clause (iv) and inserting the following:
‘‘(iv) CAPTIVE
PRODUCTION.—If do-
mestic producers internally transfer signifi-
cant production of the domestic like prod-
uct for the production of a downstream ar-
ticle and sell significant production of the
domestic like product in the merchant
market, and the Commission finds that—
‘‘(I) the domestic like product
produced that is internally transferred
for processing into that downstream
article does not enter the merchant
market for the domestic like product,
‘‘(II) the domestic like product is
the predominant material input in the
production of that downstream article,
and
‘‘(III) the production of the do-
mestic like product sold in the mer-
chant market is not generally used in
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the production of that downstream ar-
ticle,
then the Commission, in determining mar-
ket share and the factors affecting finan-
cial performance set forth in clause (iii),
shall focus primarily on the merchant mar-
ket for the domestic like product.’’.
(3) 
TECHNICAL
CORRECTION.—Section
771(7)(C)(iii) is amended by striking ‘‘subparagraph
(B)(iii)’’ and inserting ‘‘subparagraph (B)(i)(III)’’.
(c) DETERMINATION
OF THREAT
OF INJURY.—
Clauses (i) and (ii) of section 771(7)(F) (19 U.S.C.
1677(7)(F) (i) and (ii)) are amended to read as follows:
‘‘(i) IN
GENERAL.—In determining
whether an industry in the United States
is threatened with material injury by rea-
son of imports (or sales for importation) of
the subject merchandise, the Commission
shall consider, among other relevant eco-
nomic factors—
‘‘(I) if a countervailable subsidy
is involved, such information as may
be presented to it by the administer-
ing authority as to the nature of the
subsidy (particularly as to whether the
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countervailable subsidy is a subsidy
described in Article 3 or 6.1 of the
Subsidies Agreement), and whether
imports of the subject merchandise
are likely to increase,
‘‘(II) any existing unused produc-
tion capacity or imminent, substantial
increase in production capacity in the
exporting country indicating the likeli-
hood of substantially increased im-
ports of the subject merchandise into
the United States, taking into account
the availability of other export mar-
kets to absorb any additional exports,
‘‘(III) a significant rate of in-
crease of the volume or market pene-
tration of imports of the subject mer-
chandise indicating the likelihood of
substantially increased imports,
‘‘(IV) whether imports of the
subject merchandise are entering at
prices that are likely to have a signifi-
cant depressing or suppressing effect
on domestic prices, and are likely to
increase demand for further imports,
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‘‘(V) inventories of the subject
merchandise,
‘‘(VI) the potential for product-
shifting if production facilities in the
foreign country, which can be used to
produce the subject merchandise, are
currently being used to produce other
products,
‘‘(VII) in any investigation under
this title which involves imports of
both a raw agricultural product (with-
in 
the 
meaning 
of 
paragraph
(4)(E)(iv)) and any product processed
from such raw agricultural product,
the likelihood that there will be in-
creased imports, by reason of product
shifting, if there is an affirmative de-
termination by the Commission under
section 705(b)(1) or 735(b)(1) with
respect to either the raw agricultural
product or the processed agricultural
product (but not both),
‘‘(VIII) the actual and potential
negative effects on the existing devel-
opment and production efforts of the
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domestic industry, including efforts to
develop a derivative or more advanced
version of the domestic like product,
and
‘‘(IX) any other demonstrable ad-
verse trends that indicate the prob-
ability that there is likely to be mate-
rial injury by reason of imports (or
sale for importation) of the subject
merchandise (whether or not it is ac-
tually being imported at the time).
‘‘(ii) BASIS
FOR
DETERMINATION.—
The Commission shall consider the factors
set forth in clause (i) as a whole in making
a 
determination 
of 
whether 
further
dumped or subsidized imports are immi-
nent and whether material injury by rea-
son of imports would occur
unless an
order is issued or a suspension agreement
is accepted under this title. The presence
or absence of any factor which the Com-
mission is required to consider under
clause (i) shall not necessarily give decisive
guidance with respect to the determination.
Such a determination may not be made on
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the basis of mere conjecture or suppo-
sition.’’.
(d) NEGLIGIBLE IMPORTS.—Section 771 (19 U.S.C.
1677) is amended—
(1) in paragraph (7) by striking clause (v) of
subparagraph (C), and
(2) by adding at the end the following:
‘‘(24) NEGLIGIBLE IMPORTS.—
‘‘(A) IN GENERAL.—
‘‘(i) LESS THAN 3 PERCENT.—Except
as provided in clauses (ii) and (iv), imports
from a country of merchandise correspond-
ing to a domestic like product identified by
the Commission are ‘negligible’ if such im-
ports account for less than 3 percent of the
volume of all such merchandise imported
into the United States in the most recent
12-month period for which data are avail-
able that precedes—
‘‘(I) the filing of the petition
under section 702(b) or 732(b), or
‘‘(II) the initiation of the inves-
tigation, if the investigation was initi-
ated under section 702(a) or 732(a).
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‘‘(ii) 
EXCEPTION.—Imports 
that
would otherwise be negligible under clause
(i) shall not be negligible if the aggregate
volume of imports of the merchandise from
all countries described in clause (i) with re-
spect to which investigations were initiated
on the same day exceeds 7 percent of the
volume of all such merchandise imported
into the United States during the applica-
ble 12-month period.
‘‘(iii) DETERMINATION
OF
AGGRE-
GATE VOLUME.—In determining aggregate
volume under clause (ii) or (iv), the Com-
mission shall not consider imports from
any 
country 
specified 
in 
paragraph
(7)(G)(ii).
‘‘(iv) 
NEGLIGIBILITY
IN
THREAT
ANALYSIS.—Notwithstanding clauses (i)
and (ii), the Commission shall not treat
imports as negligible if it determines that
there is a potential that imports from a
country described in clause (i) will immi-
nently account for more than 3 percent of
the volume of all such merchandise im-
ported into the United States, or that the
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aggregate volumes of imports from all
countries described in clause (ii) will immi-
nently exceed 7 percent of the volume of
all such merchandise imported into the
United States. The Commission shall con-
sider such imports only for purposes of de-
termining threat of material injury.
‘‘(B) NEGLIGIBILITY FOR CERTAIN COUN-
TRIES
IN
COUNTERVAILING
DUTY
INVESTIGA-
TIONS.—In the case of an investigation under
section 701, subparagraph (A) shall be applied
to imports of subject merchandise from develop-
ing countries by substituting ‘4 percent’ for ‘3
percent’ in subparagraph (A)(i) and by sub-
stituting ‘9 percent’ for ‘7 percent’ in subpara-
graph (A)(ii).
‘‘(C) COMPUTATION
OF
IMPORT
VOL-
UMES.—In computing import volumes for pur-
poses of subparagraphs (A) and (B), the Com-
mission may make reasonable estimates on the
basis of available statistics.
‘‘(D) REGIONAL INDUSTRIES.—In an in-
vestigation in which the Commission makes a
regional industry determination under para-
graph (4)(C), the Commission’s examination
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under subparagraphs (A) and (B) shall be
based upon the volume of subject merchandise
exported for sale in the regional market in lieu
of the volume of all subject merchandise im-
ported into the United States.’’.
(e) CUMULATION.—Section 771(7) (19 U.S.C.
1677(7)) is amended—
(1) in subparagraph (F) by striking clause (iv),
and
(2) by adding at the end the following:
‘‘(G) CUMULATION FOR DETERMINING MA-
TERIAL INJURY.—
‘‘(i) IN
GENERAL.—For purposes of
clauses (i) and (ii) of subparagraph (C),
and subject to clause (ii), the Commission
shall cumulatively assess the volume and
effect of imports of the subject merchan-
dise from all countries with respect to
which—
‘‘(I) petitions were filed under
section 702(b) or 732(b) on the same
day,
‘‘(II) investigations were initiated
under section 702(a) or 732(a) on the
same day, or
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‘‘(III) petitions were filed under
section 702(b) or 732(b) and inves-
tigations were initiated under section
702(a) or 732(a) on the same day,
if such imports compete with each other
and with domestic like products in the
United States market.
‘‘(ii) EXCEPTIONS.—The Commission
shall not cumulatively assess the volume
and effect of imports under clause (i)—
‘‘(I) with respect to which the ad-
ministering authority has made a pre-
liminary negative determination, un-
less the administering authority sub-
sequently made a final affirmative de-
termination with respect to those im-
ports before the Commission’s final
determination is made;
‘‘(II) from any country with re-
spect to which the investigation has
been terminated;
‘‘(III) from any country des-
ignated as a beneficiary country under
the Caribbean Basin Economic Recov-
ery Act (19 U.S.C. 2701 et seq.) for
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purposes of making a determination
with respect to that country, except
that the volume and effect of imports
of the subject merchandise from such
country may be cumulatively assessed
with imports of the subject merchan-
dise from any other country des-
ignated as such a beneficiary country
to the extent permitted by clause (i);
or
‘‘(IV) from any country that is a
party to an agreement with the Unit-
ed States establishing a free trade
area, which entered into force and ef-
fect before January 1, 1987, unless
the Commission determines that a do-
mestic industry is materially injured
or threatened with material injury by
reason of imports from that country.
‘‘(iii) RECORDS IN FINAL INVESTIGA-
TIONS.—In each final determination in
which it cumulatively assesses the volume
and effect of imports under clause (i), the
Commission shall make its determinations
based on the record compiled in the first
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investigation in which it makes a final de-
termination, except that when the admin-
istering authority issues its final deter-
mination in a subsequently completed in-
vestigation, the Commission shall permit
the parties in the subsequent investigation
to submit comments concerning the signifi-
cance of the administering authority’s final
determination, and shall include such com-
ments and the administering authority’s
final determination in the record for the
subsequent investigation.
‘‘(iv) REGIONAL
INDUSTRY
DETER-
MINATIONS.—In an investigation which in-
volves a regional industry, and in which
the Commission decides that the volume
and effect of imports should be cumula-
tively assessed under this subparagraph,
such assessment shall be based upon the
volume and effect of imports into the re-
gion or regions determined by the Commis-
sion. The provisions of clause (iii) shall
apply to such investigations.
‘‘(H) CUMULATION
FOR
DETERMINING
THREAT OF MATERIAL INJURY.—To the extent
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practicable and subject to subparagraph (G)(ii),
for purposes of clause (i)(III) and (IV) of sub-
paragraph (F), the Commission may cumula-
tively assess the volume and price effects of im-
ports of the subject merchandise from all coun-
tries with respect to which—
‘‘(i) petitions were filed under section
702(b) or 732(b) on the same day,
‘‘(ii) 
investigations 
were 
initiated
under section 702(a) or 732(a) on the
same day, or
‘‘(iii) petitions were filed under sec-
tion 702(b) or 732(b) and investigations
were initiated under section 702(a) or
732(a) on the same day,
if such imports compete with each other and
with domestic like products in the United
States market.’’.
(f) CONSIDERATION OF POST-PETITION INFORMA-
TION.—Section 771(7) (19 U.S.C. 1677(7)), is amended
by adding at the end the following:
‘‘(I) CONSIDERATION
OF
POST-PETITION
INFORMATION.—The Commission shall consider
whether any change in the volume, price effects,
or impact of imports of the subject merchandise
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since the filing of the petition in an investiga-
tion under subtitle A or B is related to the
pendency of the investigation and, if so, the
Commission may reduce the weight accorded to
the data for the period after the filing of the
petition in making its determination of material
injury, threat of material injury, or material re-
tardation of the establishment of an industry in
the United States.’’.
(g) INTERESTED PARTY.—Section 771(9) (19 U.S.C.
1677(9)) is amended—
(1) in subparagraph (A), by inserting ‘‘produc-
ers, exporters, or’’ before ‘‘importers’’, and
(2) in subparagraph (B), inserting ‘‘or from
which such merchandise is exported’’ after ‘‘manu-
factured’’.
(h) ORDINARY COURSE OF TRADE.—Section 771(15)
(19 U.S.C. 1677(15)) is amended—
(1) by striking ‘‘merchandise which is the sub-
ject of an investigation’’ and inserting ‘‘subject mer-
chandise’’; and
(2) by adding at the end the following: ‘‘The
administering authority shall consider the following
sales and transactions, among others, to be outside
the ordinary course of trade:
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‘‘(A) Sales disregarded under section
773(b)(1).
‘‘(B) Transactions disregarded under sec-
tion 773(f)(2).’’.
(i) OTHER DEFINITIONS.—
(1) IN
GENERAL.—Section 771 (19 U.S.C.
1677), as amended by subsection (d), is amended by
adding at the end the following:
‘‘(25) 
SUBJECT
MERCHANDISE.—The 
term
‘subject merchandise’ means the class or kind of
merchandise that is within the scope of an investiga-
tion, a review, a suspension agreement, an order
under this title or section 303, or a finding under
the Antidumping Act, 1921.
‘‘(26) SECTION 303.—The terms ‘section 303’
and ‘303’ mean section 303 of this Act as in effect
on the day before the effective date of title II of the
Uruguay Round Agreements Act.
‘‘(27) SUSPENSION
AGREEMENT.—The term
‘suspension agreement’ means an agreement de-
scribed in section 704(b), 704(c), 734(b), 734(c), or
734(l).
‘‘(28) EXPORTER
OR
PRODUCER.—The term
‘exporter or producer’ means the exporter of the
subject merchandise, the producer of the subject
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merchandise, or both where appropriate. For pur-
poses of section 773, the term ‘exporter or producer’
includes both the exporter of the subject merchan-
dise and the producer of the same subject merchan-
dise to the extent necessary to accurately calculate
the total amount incurred and realized for costs, ex-
penses, and profits in connection with production
and sale of that merchandise.
‘‘(29) WTO AGREEMENT.—The term ‘WTO
Agreement’ means the Agreement defined in section
2(9) of the Uruguay Round Agreements Act.
‘‘(30) WTO MEMBER AND WTO MEMBER COUN-
TRY.—The terms ‘WTO member’ and ‘WTO mem-
ber country’ mean a state, or separate customs terri-
tory (within the meaning of Article XII of the WTO
Agreement), with respect to which the United States
applies the WTO agreement.
‘‘(31) GATT 1994.—The term ‘GATT 1994’
means the General Agreement on Tariffs and Trade
annexed to the WTO Agreement.
‘‘(32) TRADE
REPRESENTATIVE.—The term
‘Trade Representative’ means the United States
Trade Representative.
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‘‘(33) AFFILIATED
PERSONS.—The following
persons shall be considered to be ‘affiliated’ or ‘af-
filiated persons’:
‘‘(A) Members of a family, including broth-
ers and sisters (whether by the whole or half
blood), spouse, ancestors, and lineal descend-
ants.
‘‘(B) Any officer or director of an organi-
zation and such organization.
‘‘(C) Partners.
‘‘(D) Employer and employee.
‘‘(E) Any person directly or indirectly own-
ing, controlling, or holding with power to vote,
5 percent or more of the outstanding voting
stock or shares of any organization and such
organization.
‘‘(F) Two or more persons directly or indi-
rectly controlling, controlled by, or under com-
mon control with, any person.
‘‘(G) Any person who controls any other
person and such other person.
For purposes of this paragraph, a person shall be
considered to control another person if the person is
legally or operationally in a position to exercise re-
straint or direction over the other person.
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‘‘(34) 
DUMPED; 
DUMPING.—The 
terms
‘dumped’ and ‘dumping’ refer to the sale or likely
sale of goods at less than fair value.’’.
(2) EXPORTER.—Paragraph (13) of section 771
(19 U.S.C. 1677(13)) is repealed.
SEC. 223. EXPORT PRICE AND CONSTRUCTED EXPORT
PRICE.
Section 772 (19 U.S.C. 1677a) is amended to read
as follows:
‘‘SEC. 772. EXPORT PRICE AND CONSTRUCTED EXPORT
PRICE.
‘‘(a) EXPORT PRICE.—The term ‘export price’ means
the price at which the subject merchandise is first sold
(or agreed to be sold) before the date of importation by
the producer or exporter of the subject merchandise out-
side of the United States to an unaffiliated purchaser in
the United States or to an unaffiliated purchaser for ex-
portation to the United States, as adjusted under sub-
section (c).
‘‘(b) CONSTRUCTED EXPORT PRICE.—The term ‘con-
structed export price’ means the price at which the subject
merchandise is first sold (or agreed to be sold) in the Unit-
ed States before or after the date of importation by or
for the account of the producer or exporter of such mer-
chandise or by a seller affiliated with the producer or ex-
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porter, to a purchaser not affiliated with the producer or
exporter, as adjusted under subsections (c) and (d).
‘‘(c) ADJUSTMENTS FOR EXPORT PRICE AND CON-
STRUCTED EXPORT PRICE.—The price used to establish
export price and constructed export price shall be—
‘‘(1) increased by—
‘‘(A) when not included in such price, the
cost of all containers and coverings and all
other costs, charges, and expenses incident to
placing the subject merchandise in condition
packed ready for shipment to the United
States,
‘‘(B) the amount of any import duties im-
posed by the country of exportation which have
been rebated, or which have not been collected,
by reason of the exportation of the subject mer-
chandise to the United States, and
‘‘(C) the amount of any countervailing
duty imposed on the subject merchandise under
subtitle A to offset an export subsidy, and
‘‘(2) reduced by—
‘‘(A) except as provided in paragraph
(1)(C), the amount, if any, included in such
price, attributable to any additional costs,
charges, or expenses, and United States import
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duties, which are incident to bringing the sub-
ject merchandise from the original place of
shipment in the exporting country to the place
of delivery in the United States, and
‘‘(B) the amount, if included in such price,
of any export tax, duty, or other charge im-
posed by the exporting country on the expor-
tation of the subject merchandise to the United
States, other than an export tax, duty, or other
charge described in section 771(6)(C).
‘‘(d) ADDITIONAL ADJUSTMENTS TO CONSTRUCTED
EXPORT PRICE.—For purposes of this section, the price
used to establish constructed export price shall also be re-
duced by—
‘‘(1) the amount of any of the following ex-
penses generally incurred by or for the account of
the producer or exporter, or the affiliated seller in
the United States, in selling the subject merchandise
(or subject merchandise to which value has been
added)—
‘‘(A) commissions for selling the subject
merchandise in the United States;
‘‘(B) expenses that result from, and bear a
direct relationship to, the sale, such as credit
expenses, guarantees and warranties;
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‘‘(C) any selling expenses that the seller
pays on behalf of the purchaser;
‘‘(D) any selling expenses not deducted
under subparagraph (A), (B), or (C);
‘‘(2) the cost of any further manufacture or as-
sembly (including additional material and labor), ex-
cept in circumstances described in subsection (e);
and
‘‘(3) the profit allocated to the expenses de-
scribed in paragraphs (1) and (2).
‘‘(e) SPECIAL
RULE
FOR
MERCHANDISE
WITH
VALUE ADDED AFTER IMPORTATION.—Where the subject
merchandise is imported by a person affiliated with the
exporter or producer, and the value added in the United
States by the affiliated person is likely to exceed substan-
tially the value of the subject merchandise, the administer-
ing authority shall determine the constructed export price
for such merchandise by using one of the following prices
if there is a sufficient quantity of sales to provide a rea-
sonable basis for comparison and the administering au-
thority determines that the use of such sales is appro-
priate:
‘‘(1) The price of identical subject merchandise
sold by the exporter or producer to an unaffiliated
person.
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‘‘(2) The price of other subject merchandise
sold by the exporter or producer to an unaffiliated
person.
If there is not a sufficient quantity of sales to provide a
reasonable basis for comparison under paragraph (1) or
(2), or the administering authority determines that neither
of the prices described in such paragraphs is appropriate,
then the constructed export price may be determined on
any other reasonable basis.
‘‘(f) SPECIAL RULE FOR DETERMINING PROFIT.—
‘‘(1) IN GENERAL.—For purposes of subsection
(d)(3), profit shall be an amount determined by mul-
tiplying the total actual profit by the applicable per-
centage.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section:
‘‘(A) 
APPLICABLE
PERCENTAGE.—The
term ‘applicable percentage’ means the percent-
age determined by dividing the total United
States expenses by the total expenses.
‘‘(B) TOTAL UNITED STATES EXPENSES.—
The term ‘total United States expenses’ means
the total expenses described in subsection (d)
(1) and (2).
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‘‘(C) TOTAL EXPENSES.—The term ‘total
expenses’ means all expenses in the first of the
following categories which applies and which
are incurred by or on behalf of the foreign pro-
ducer and foreign exporter of the subject mer-
chandise and by or on behalf of the United
States seller affiliated with the producer or ex-
porter with respect to the production and sale
of such merchandise:
‘‘(i) The expenses incurred with re-
spect to the subject merchandise sold in
the United States and the foreign like
product sold in the exporting country if
such expenses were requested by the ad-
ministering authority for the purpose of es-
tablishing normal value and constructed
export price.
‘‘(ii) The expenses incurred with re-
spect to the narrowest category of mer-
chandise sold in the United States and the
exporting country which includes the sub-
ject merchandise.
‘‘(iii) The expenses incurred with re-
spect to the narrowest category of mer-
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chandise sold in all countries which in-
cludes the subject merchandise.
‘‘(D) TOTAL ACTUAL PROFIT.—The term
‘total actual profit’ means the total profit
earned by the foreign producer, exporter, and
affiliated parties described in subparagraph (C)
with respect to the sale of the same merchan-
dise for which total expenses are determined
under such subparagraph.’’.
SEC. 224. NORMAL VALUE.
Section 773 (19 U.S.C. 1677b) is amended to read
as follows:
‘‘SEC. 773. NORMAL VALUE.
‘‘(a) DETERMINATION.—In determining under this
title whether subject merchandise is being, or is likely to
be, sold at less than fair value, a fair comparison shall
be made between the export price or constructed export
price and normal value. In order to achieve a fair compari-
son with the export price or constructed export price, nor-
mal value shall be determined as follows:
‘‘(1) DETERMINATION OF NORMAL VALUE.—
‘‘(A) IN GENERAL.—The normal value of
the subject merchandise shall be the price de-
scribed in subparagraph (B), at a time reason-
ably corresponding to the time of the sale used
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to determine the export price or constructed ex-
port price under section 772(a) or (b).
‘‘(B) PRICE.—The price referred to in sub-
paragraph (A) is—
‘‘(i) the price at which the foreign like
product is first sold (or, in the absence of
a sale, offered for sale) for consumption in
the exporting country, in the usual com-
mercial quantities and in the ordinary
course of trade and, to the extent prac-
ticable, at the same level of trade as the
export price or constructed export price, or
‘‘(ii) in a case to which subparagraph
(C) applies, the price at which the foreign
like product is so sold (or offered for sale)
for consumption in a country other than
the exporting country or the United States,
if—
‘‘(I) such price is representative,
‘‘(II) the aggregate quantity (or,
if quantity is not appropriate, value)
of the foreign like product sold by the
exporter or producer in such other
country is 5 percent or more of the
aggregate quantity (or value) of the
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subject 
merchandise 
sold 
in 
the
United States or for export to the
United States, and
‘‘(III) the administering author-
ity does not determine that the par-
ticular market situation in such other
country prevents a proper comparison
with the export price or constructed
export price.
‘‘(C) THIRD COUNTRY SALES.—This sub-
paragraph applies when—
‘‘(i) the foreign like product is not
sold (or offered for sale) for consumption
in the exporting country as described in
subparagraph (B)(i),
‘‘(ii) the administering authority de-
termines that the aggregate quantity (or, if
quantity is not appropriate, value) of the
foreign like product sold in the exporting
country is insufficient to permit a proper
comparison with the sales of the subject
merchandise to the United States, or
‘‘(iii) the particular market situation
in the exporting country does not permit a
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proper comparison with the export price or
constructed export price.
For purposes of clause (ii), the aggregate quan-
tity (or value) of the foreign like product sold
in the exporting country shall normally be con-
sidered to be insufficient if such quantity (or
value) is less than 5 percent of the aggregate
quantity (or value) of sales of the subject mer-
chandise to the United States.
‘‘(2) FICTITIOUS MARKETS.—No pretended sale
or offer for sale, and no sale or offer for sale in-
tended to establish a fictitious market, shall be
taken into account in determining normal value. The
occurrence of different movements in the prices at
which different forms of the foreign like product are
sold (or, in the absence of sales, offered for sale) in
the exporting country after the issuance of an anti-
dumping duty order may be considered by the ad-
ministering authority as evidence of the establish-
ment of a fictitious market for the foreign like prod-
uct if the movement in such prices appears to reduce
the amount by which the normal value exceeds the
export price (or the constructed export price) of the
subject merchandise.
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‘‘(3) EXPORTATION
FROM
AN
INTERMEDIATE
COUNTRY.—Where the subject merchandise is ex-
ported to the United States from an intermediate
country, normal value shall be determined in the in-
termediate country, except that normal value may be
determined in the country of origin of the subject
merchandise if—
‘‘(A) the producer knew at the time of the
sale that the subject merchandise was destined
for exportation;
‘‘(B) the subject merchandise is merely
transshipped through the intermediate country;
‘‘(C) sales of the foreign like product in
the intermediate country do not satisfy the con-
ditions of paragraph (1)(C); or
‘‘(D) the foreign like product is not pro-
duced in the intermediate country.
‘‘(4) USE OF CONSTRUCTED VALUE.—If the ad-
ministering authority determines that the normal
value of the subject merchandise cannot be deter-
mined under paragraph (1)(B)(i), then, notwith-
standing paragraph (1)(B)(ii), the normal value of
the subject merchandise may be the constructed
value of that merchandise, as determined under sub-
section (e).
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‘‘(5) INDIRECT SALES OR OFFERS FOR SALE.—
If the foreign like product is sold or, in the absence
of sales, offered for sale through an affiliated party,
the prices at which the foreign like product is sold
(or offered for sale) by such affiliated party may be
used in determining normal value.
‘‘(6) ADJUSTMENTS.—The price described in
paragraph (1)(B) shall be—
‘‘(A) increased by the cost of all containers
and coverings and all other costs, charges, and
expenses incident to placing the subject mer-
chandise in condition packed ready for ship-
ment to the United States;
‘‘(B) reduced by—
‘‘(i) when included in the price de-
scribed in paragraph (1)(B), the cost of all
containers and coverings and all other
costs, charges, and expenses incident to
placing the foreign like product in condi-
tion packed ready for shipment to the
place of delivery to the purchaser,
‘‘(ii) the amount, if any, included in
the price described in paragraph (1)(B),
attributable 
to 
any 
additional 
costs,
charges, and expenses incident to bringing
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the foreign like product from the original
place of shipment to the place of delivery
to the purchaser, and
‘‘(iii) the amount of any taxes im-
posed directly upon the foreign like prod-
uct or components thereof which have been
rebated, or which have not been collected,
on the subject merchandise, but only to the
extent that such taxes are added to or in-
cluded in the price of the foreign like prod-
uct, and
‘‘(C) increased or decreased by the amount
of any difference (or lack thereof) between the
export price or constructed export price and the
price described in paragraph (1)(B) (other than
a difference for which allowance is otherwise
provided under this section) that is established
to the satisfaction of the administering author-
ity to be wholly or partly due to—
(i) the fact that the quantities in
which the subject merchandise is sold or
agreed to be sold to the United States are
greater than or less than the quantities in
which the foreign like product is sold,
agreed to be sold, or offered for sale,
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‘‘(ii) the fact that merchandise de-
scribed in subparagraph (B) or (C) of sec-
tion 771(16) is used in determining normal
value, or
‘‘(iii) other differences in the cir-
cumstances of sale.
‘‘(7) ADDITIONAL ADJUSTMENTS.—
‘‘(A) LEVEL
OF
TRADE.—The price de-
scribed in paragraph (1)(B) shall also be in-
creased or decreased to make due allowance for
any difference (or lack thereof) between the ex-
port price or constructed export price and the
price described in paragraph (1)(B) (other than
a difference for which allowance is otherwise
made under this section) that is shown to be
wholly or partly due to a difference in level of
trade between the export price or constructed
export price and normal value, if the difference
in level of trade—
‘‘(i) involves the performance of dif-
ferent selling activities; and
‘‘(ii) is demonstrated to affect price
comparability, based on a pattern of con-
sistent price differences between sales at
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different levels of trade in the country in
which normal value is determined.
In a case described in the preceding sentence,
the amount of the adjustment shall be based on
the price differences between the two levels of
trade in the country in which normal value is
determined.
‘‘(B) CONSTRUCTED EXPORT PRICE OFF-
SET.—When normal value is established at a
level of trade which constitutes a more ad-
vanced stage of distribution than the level of
trade of the constructed export price, but the
data available do not provide an appropriate
basis to determine under subparagraph (A)(ii) a
level of trade adjustment, normal value shall be
reduced by the amount of indirect selling ex-
penses incurred in the country in which normal
value is determined on sales of the foreign like
product but not more than the amount of such
expenses for which a deduction is made under
section 772(d)(1)(D).
‘‘(8) 
ADJUSTMENTS
TO
CONSTRUCTED
VALUE.—Constructed value as determined under
subsection (e), may be adjusted, as appropriate, pur-
suant to this subsection.
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‘‘(b) SALES AT LESS THAN COST OF PRODUCTION.—
‘‘(1) DETERMINATION; SALES DISREGARDED.—
Whenever the administering authority has reason-
able grounds to believe or suspect that sales of the
foreign like product under consideration for the de-
termination of normal value have been made at
prices which represent less than the cost of produc-
tion of that product, the administering authority
shall determine whether, in fact, such sales were
made at less than the cost of production. If the ad-
ministering authority determines that sales made at
less than the cost of production—
‘‘(A) have been made within an extended
period of time in substantial quantities, and
‘‘(B) were not at prices which permit re-
covery of all costs within a reasonable period of
time,
such sales may be disregarded in the determination
of normal value. Whenever such sales are dis-
regarded, normal value shall be based on the re-
maining sales of the foreign like product in the ordi-
nary course of trade. If no sales made in the ordi-
nary course of trade remain, the normal value shall
be based on the constructed value of the merchan-
dise.
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‘‘(2) DEFINITIONS AND SPECIAL RULES.—For
purposes of this subsection—
‘‘(A) REASONABLE GROUNDS TO BELIEVE
OR SUSPECT.—There are reasonable grounds to
believe or suspect that sales of the foreign like
product were made at prices that are less than
the cost of production of the product, if—
‘‘(i) in an investigation initiated under
section 732 or a review conducted under
section 751, an interested party described
in subparagraph (C), (D), (E), (F), or (G)
of section 771(9) provides information,
based upon observed prices or constructed
prices or costs, that sales of the foreign
like product under consideration for the
determination of normal value have been
made at prices which represent less than
the cost of production of the product; or
‘‘(ii) in a review conducted under sec-
tion 751 involving a specific exporter, the
administering authority disregarded some
or all of the exporter’s sales pursuant to
paragraph (1) in the investigation or if a
review has been completed, in the most re-
cently completed review.
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‘‘(B) EXTENDED PERIOD OF TIME.—The
term ‘extended period of time’ means a period
that is normally 1 year, but not less than 6
months.
‘‘(C) SUBSTANTIAL
QUANTITIES.—Sales
made at prices below the cost of production
have been made in substantial quantities if—
‘‘(i) the volume of such sales rep-
resents 20 percent or more of the volume
of sales under consideration for the deter-
mination of normal value, or
‘‘(ii) the weighted average per unit
price of the sales under consideration for
the determination of normal value is less
than the weighted average per unit cost of
production for such sales.
‘‘(D) RECOVERY
OF
COSTS.—If prices
which are below the per unit cost of production
at the time of sale are above the weighted aver-
age per unit cost of production for the period
of investigation or review, such prices shall be
considered to provide for recovery of costs with-
in a reasonable period of time.
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‘‘(3) CALCULATION
OF
COST
OF
PRODUC-
TION.—For purposes of this subtitle, the cost of pro-
duction shall be an amount equal to the sum of—
‘‘(A) the cost of materials and of fabrica-
tion or other processing of any kind employed
in producing the foreign like product, during a
period which would ordinarily permit the pro-
duction of that foreign like product in the ordi-
nary course of business;
‘‘(B) an amount for selling, general, and
administrative expenses based on actual data
pertaining to production and sales of the for-
eign like product by the exporter in question;
and
‘‘(C) the cost of all containers and cover-
ings of whatever nature, and all other expenses
incidental to placing the foreign like product in
condition packed ready for shipment.
For purposes of subparagraph (A), if the normal
value is based on the price of the foreign like prod-
uct sold for consumption in a country other than the
exporting country, the cost of materials shall be de-
termined without regard to any internal tax in the
exporting country imposed on such materials or their
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disposition which are remitted or refunded upon ex-
portation.
‘‘(c) NONMARKET ECONOMY COUNTRIES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) the subject merchandise is exported
from a nonmarket economy country, and
‘‘(B) the administering authority finds that
available information does not permit the nor-
mal value of the subject merchandise to be de-
termined under subsection (a),
the administering authority shall determine the nor-
mal value of the subject merchandise on the basis of
the value of the factors of production utilized in pro-
ducing the merchandise and to which shall be added
an amount for general expenses and profit plus the
cost of containers, coverings, and other expenses.
Except as provided in paragraph (2), the valuation
of the factors of production shall be based on the
best available information regarding the values of
such factors in a market economy country or coun-
tries considered to be appropriate by the administer-
ing authority.
‘‘(2) EXCEPTION.—If the administering author-
ity finds that the available information is inadequate
for purposes of determining the normal value of sub-
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ject merchandise under paragraph (1), the admin-
istering authority shall determine the normal value
on the basis of the price at which merchandise that
is—
‘‘(A) comparable to the subject merchan-
dise, and
‘‘(B) produced in one or more market
economy countries that are at a level of eco-
nomic development comparable to that of the
nonmarket economy country,
is sold in other countries, including the United
States.
‘‘(3) FACTORS OF PRODUCTION.—For purposes
of paragraph (1), the factors of production utilized
in producing merchandise include, but are not lim-
ited to—
‘‘(A) hours of labor required,
‘‘(B) quantities of raw materials employed,
‘‘(C) amounts of energy and other utilities
consumed, and
‘‘(D) representative capital cost, including
depreciation.
‘‘(4) VALUATION
OF
FACTORS
OF
PRODUC-
TION.—The administering authority, in valuing fac-
tors of production under paragraph (1), shall utilize,
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to the extent possible, the prices or costs of factors
of production in one or more market economy coun-
tries that are—
‘‘(A) at a level of economic development
comparable to that of the nonmarket economy
country, and
‘‘(B) significant producers of comparable
merchandise.
‘‘(d) SPECIAL RULE FOR CERTAIN MULTINATIONAL
CORPORATIONS.—Whenever, in the course of an investiga-
tion under this title, the administering authority deter-
mines that—
‘‘(1) subject merchandise exported to the Unit-
ed States is being produced in facilities which are
owned or controlled, directly or indirectly, by a per-
son, firm, or corporation which also owns or con-
trols, directly or indirectly, other facilities for the
production of the foreign like product which are lo-
cated in another country or countries,
‘‘(2) subsection (a)(1)(C) applies, and
‘‘(3) the normal value of the foreign like prod-
uct produced in one or more of the facilities outside
the exporting country is higher than the normal
value of the foreign like product produced in the fa-
cilities located in the exporting country,
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it shall determine the normal value of the subject mer-
chandise by reference to the normal value at which the
foreign like product is sold in substantial quantities from
one or more facilities outside the exporting country. The
administering authority, in making any determination
under this paragraph, shall make adjustments for the dif-
ference between the cost of production (including taxes,
labor, materials, and overhead) of the foreign like product
produced in facilities outside the exporting country and
costs of production of the foreign like product produced
in facilities in the exporting country, if such differences
are demonstrated to its satisfaction. For purposes of this
subsection, in determining the normal value of the foreign
like product produced in a country outside of the exporting
country, the administering authority shall determine its
price at the time of exportation from the exporting country
and shall make any adjustments required by subsection
(a) for the cost of all containers and coverings and all
other costs, charges, and expenses incident to placing the
merchandise in condition packed ready for shipment to the
United States by reference to such costs in the exporting
country.
‘‘(e) CONSTRUCTED VALUE.—For purposes of this
title, the constructed value of imported merchandise shall
be an amount equal to the sum of—
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‘‘(1) the cost of materials and fabrication or
other processing of any kind employed in producing
the merchandise, during a period which would ordi-
narily permit the production of the merchandise in
the ordinary course of business;
‘‘(2)(A) the actual amounts incurred and real-
ized by the specific exporter or producer being exam-
ined in the investigation or review for selling, gen-
eral, and administrative expenses, and for profits, in
connection with the production and sale of a foreign
like product, in the ordinary course of trade, for con-
sumption in the foreign country, or
‘‘(B) if actual data are not available with re-
spect to the amounts described in subparagraph (A),
then—
‘‘(i) the actual amounts incurred and real-
ized by the specific exporter or producer being
examined in the investigation or review for sell-
ing, general, and administrative expenses, and
for profits, in connection with the production
and sale, for consumption in the foreign coun-
try, of merchandise that is in the same general
category of products as the subject merchan-
dise,
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‘‘(ii) the weighted average of the actual
amounts incurred and realized by exporters or
producers that are subject to the investigation
or review (other than the exporter or producer
described in clause (i)) for selling, general, and
administrative expenses, and for profits, in con-
nection with the production and sale of a for-
eign like product, in the ordinary course of
trade, for consumption in the foreign country,
or
‘‘(iii) the amounts incurred and realized
for selling, general, and administrative ex-
penses, and for profits, based on any other rea-
sonable method, except that the amount allowed
for profit may not exceed the amount normally
realized by exporters or producers (other than
the exporter or producer described in clause (i))
in connection with the sale, for consumption in
the foreign country, of merchandise that is in
the same general category of products as the
subject merchandise ; and
‘‘(3) the cost of all containers and coverings of
whatever nature, and all other expenses incidental to
placing the subject merchandise in condition packed
ready for shipment to the United States.
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For purposes of paragraph (1), the cost of materials shall
be determined without regard to any internal tax in the
exporting country imposed on such materials or their dis-
position which are remitted or refunded upon exportation
of the subject merchandise produced from such materials.
‘‘(f) SPECIAL RULES FOR CALCULATION OF COST OF
PRODUCTION AND FOR CALCULATION OF CONSTRUCTED
VALUE.—For purposes of subsections (b) and (e)—
‘‘(1) COSTS.—
‘‘(A) IN GENERAL.—Costs shall normally
be calculated based on the records of the ex-
porter or producer of the merchandise, if such
records are kept in accordance with the gen-
erally accepted accounting principles of the ex-
porting country (or the producing country,
where appropriate) and reasonably reflect the
costs associated with the production and sale of
the merchandise. The administering authority
shall consider all available evidence on the prop-
er allocation of costs, including that which is
made available by the exporter or producer on
a timely basis, if such allocations have been his-
torically used by the exporter or producer, in
particular for establishing appropriate amorti-
zation and depreciation periods, and allowances
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for capital expenditures and other development
costs.
‘‘(B) NONRECURRING COSTS.—Costs shall
be adjusted appropriately for those non-
recurring costs that benefit current or future
production, or both.
‘‘(C) STARTUP COSTS.—
‘‘(i) IN GENERAL.—Costs shall be ad-
justed appropriately for circumstances in
which costs incurred during the time pe-
riod covered by the investigation or review
are affected by startup operations.
‘‘(ii) STARTUP OPERATIONS.—Adjust-
ments shall be made for startup operations
only where—
‘‘(I) a producer is using new pro-
duction facilities or producing a new
product that requires substantial ad-
ditional investment, and
‘‘(II) production levels are limited
by technical factors associated with
the initial phase of commercial pro-
duction.
For purposes of subclause (II), the initial
phase of commercial production ends at
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the end of the startup period. In determin-
ing whether commercial production levels
have been achieved, the administering au-
thority shall consider factors unrelated to
startup operations that might affect the
volume of production processed, such as
demand, seasonality, or business cycles.
‘‘(iii) ADJUSTMENT FOR STARTUP OP-
ERATIONS.—The adjustment for startup
operations shall be made by substituting
the unit production costs incurred with re-
spect to the merchandise at the end of the
startup period for the unit production
costs incurred during the startup period. If
the startup period extends beyond the pe-
riod of the investigation or review under
this title, the administering authority shall
use the most recent cost of production data
that it reasonably can obtain, analyze, and
verify without delaying the timely comple-
tion of the investigation or review. For
purposes of this subparagraph, the startup
period ends at the point at which the level
of commercial production that is char-
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acteristic of the merchandise, producer, or
industry concerned is achieved.
‘‘(2) TRANSACTIONS DISREGARDED.—A trans-
action directly or indirectly between affiliated per-
sons may be disregarded if, in the case of any ele-
ment of value required to be considered, the amount
representing that element does not fairly reflect the
amount usually reflected in sales of merchandise
under consideration in the market under consider-
ation. If a transaction is disregarded under the pre-
ceding sentence and no other transactions are avail-
able for consideration, the determination of the
amount shall be based on the information available
as to what the amount would have been if the trans-
action had occurred between persons who are not af-
filiated.
‘‘(3) MAJOR INPUT RULE.—If, in the case of a
transaction between affiliated persons involving the
production by one of such persons of a major input
to the merchandise, the administering authority has
reasonable grounds to believe or suspect that an
amount represented as the value of such input is
less than the cost of production of such input, then
the administering authority may determine the value
of the major input on the basis of the information
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available regarding such cost of production, if such
cost is greater than the amount that would be deter-
mined for such input under paragraph (2).’’.
SEC. 225. CURRENCY CONVERSION.
(a) IN GENERAL.—Subtitle D of title VII (19 U.S.C.
1677 et seq.) is amended by inserting after section 773
the following new section:
‘‘SEC. 773A. CURRENCY CONVERSION.
‘‘(a) IN GENERAL.—In an antidumping proceeding
under this title, the administering authority shall convert
foreign currencies into United States dollars using the ex-
change rate in effect on the date of sale of the subject
merchandise, except that, if it is established that a cur-
rency transaction on forward markets is directly linked to
an export sale under consideration, the exchange rate
specified with respect to such currency in the forward sale
agreement shall be used to convert the foreign currency.
Fluctuations in exchange rates shall be ignored.
‘‘(b) SUSTAINED MOVEMENT IN FOREIGN CURRENCY
VALUE.—In an investigation under subtitle B, if there is
a sustained movement in the value of the foreign currency
relative to the United States dollar, the administering au-
thority shall allow exporters at least 60 days to adjust
their export prices to reflect such sustained movement.’’.
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(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII is amended by inserting after the item
relating to section 773 the following new item:
‘‘Sec. 773A. Currency conversion.’’.
SEC. 226. PROPRIETARY AND NONPROPRIETARY INFORMA-
TION.
(a) PROPRIETARY STATUS MAINTAINED.—
(1) 
IN
GENERAL.—Section 
777(b)(1) 
(19
U.S.C. 1677f(b)(1)) is amended to read as follows:
‘‘(1) PROPRIETARY STATUS MAINTAINED.—
‘‘(A) IN GENERAL.—Except as provided in
subsection (a)(4)(A) and subsection (c), infor-
mation submitted to the administering author-
ity or the Commission which is designated as
proprietary by the person submitting the infor-
mation shall not be disclosed to any person
without the consent of the person submitting
the information, other than—
‘‘(i) to an officer or employee of the
administering authority or the Commission
who is directly concerned with carrying out
the investigation in connection with which
the information is submitted or any review
under this title covering the same subject
merchandise, or
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‘‘(ii) to an officer or employee of the
United States Customs Service who is di-
rectly involved in conducting an investiga-
tion regarding fraud under this title.
‘‘(B) ADDITIONAL
REQUIREMENTS.—The
administering authority and the Commission
shall require that information for which propri-
etary treatment is requested be accompanied
by—
‘‘(i) either—
‘‘(I) a non-proprietary summary
in sufficient detail to permit a reason-
able understanding of the substance
of the information submitted in con-
fidence, or
‘‘(II) a statement that the infor-
mation is not susceptible to summary
accompanied by a statement of the
reasons in support of the contention,
and
‘‘(ii) either—
‘‘(I) a statement which permits
the administering authority or the
Commission to release under adminis-
trative protective order, in accordance
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with subsection (c), the information
submitted in confidence, or
‘‘(II) a statement to the admin-
istering authority or the Commission
that the business proprietary informa-
tion is of a type that should not be re-
leased under administrative protective
order.’’.
(2) SECTION 751 REVIEWS.—Section 777(b) (19
U.S.C. 1677f(b)) is amended by adding at the end
the following:
‘‘(3) SECTION 751 REVIEWS.—Notwithstanding
the provisions of paragraph (1), information submit-
ted to the administering authority or the Commis-
sion in connection with a review under section
751(b) or 751(c) which is designated as proprietary
by the person submitting the information may, if the
review results in the revocation of an order or find-
ing (or termination of a suspended investigation)
under section 751(d), be used by the agency to
which the information was originally submitted in
any investigation initiated within 2 years after the
date of the revocation or termination pursuant to a
petition covering the same subject merchandise.’’.
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(b) UNWARRANTED PROPRIETARY DESIGNATION.—
Section 777(b)(2) (19 U.S.C. 1677f(b)(2)) is amended by
adding at the end the following new sentence: ‘‘In a case
in which the administering authority or the Commission
returns the information to the person submitting it, the
person may thereafter submit other material concerning
the subject matter of the returned information if the sub-
mission is made within the time otherwise provided for
submitting such material.’’.
SEC. 227. OPPORTUNITY FOR COMMENT BY CONSUMERS
AND INDUSTRIAL USERS.
Section 777 (19 U.S.C. 1677f) is amended by adding
at the end the following new subsection:
‘‘(h) OPPORTUNITY FOR COMMENT BY CONSUMERS
AND INDUSTRIAL USERS.—The administering authority
and the Commission shall provide an opportunity for in-
dustrial users of the subject merchandise and, if the mer-
chandise is sold at the retail level, for representative
consumer organizations, to submit relevant information to
the administering authority concerning dumping or a
countervailable subsidy, and to the Commission concern-
ing material injury by reason of dumped or subsidized im-
ports.’’.
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SEC. 228. PUBLIC NOTICE AND EXPLANATION OF DETER-
MINATIONS.
Section 777 (19 U.S.C. 1677f), as amended by sec-
tion 227, is amended by adding at the end the following:
‘‘(i) PUBLICATION OF DETERMINATIONS; REQUIRE-
MENTS FOR FINAL DETERMINATIONS.—
‘‘(1) IN GENERAL.—Whenever the administer-
ing authority makes a determination under section
702 or 732 whether to initiate an investigation, or
the administering authority or the Commission
makes a preliminary determination under section
703 or 733, a final determination under section 705
or section 735, a preliminary or final determination
in a review under section 751, a determination to
suspend an investigation under this title, or a deter-
mination under section 753, the administering au-
thority or the Commission, as the case may be, shall
publish the facts and conclusions supporting that de-
termination, and shall publish notice of that deter-
mination in the Federal Register.
‘‘(2) CONTENTS
OF
NOTICE
OR
DETERMINA-
TION.—The notice or determination published under
paragraph (1) shall include, to the extent applica-
ble—
‘‘(A) in the case of a determination of the
administering authority—
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‘‘(i) the names of the exporters or
producers of the subject merchandise or,
when providing such names is impractica-
ble, the countries exporting the subject
merchandise to the United States,
‘‘(ii) a description of the subject mer-
chandise that is sufficient to identify the
subject merchandise for customs purposes,
‘‘(iii)(I) with respect to a determina-
tion in an investigation under subtitle A or
section 753 or in a review of a countervail-
ing duty order, the amount of the
countervailable subsidy established and a
full explanation of the methodology used in
establishing the amount, and
‘‘(II) with respect to a determination
in an investigation under subtitle B or in
a review of an antidumping duty order, the
weighted average dumping margins estab-
lished and a full explanation of the meth-
odology used in establishing such margins,
and
‘‘(iv) the primary reasons for the de-
termination; and
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‘‘(B) in the case of a determination of the
Commission—
‘‘(i) considerations relevant to the de-
termination of injury, and
‘‘(ii) the primary reasons for the de-
termination.
‘‘(3) ADDITIONAL REQUIREMENTS FOR FINAL
DETERMINATIONS.—In addition to the requirements
set forth in paragraph (2)—
‘‘(A) the administering authority shall in-
clude in a final determination described in para-
graph (1) an explanation of the basis for its de-
termination that addresses relevant arguments,
made by interested parties who are parties to
the investigation or review (as the case may be),
concerning the establishment of dumping or a
countervailable subsidy, or the suspension of
the investigation, with respect to which the de-
termination is made; and
‘‘(B) the Commission shall include in a
final determination of injury an explanation of
the basis for its determination that addresses
relevant arguments that are made by interested
parties who are parties to the investigation or
review (as the case may be) concerning volume,
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price effects, and impact on the industry of im-
ports of the subject merchandise.’’.
SEC. 229. SAMPLING AND AVERAGING; DETERMINATION OF
WEIGHTED AVERAGE DUMPING MARGIN.
(a) IN
GENERAL.—Section 
777A 
(19 
U.S.C.
1677f–1) is amended to read as follows:
‘‘SEC. 777A. SAMPLING AND AVERAGING; DETERMINATION
OF WEIGHTED AVERAGE DUMPING MARGIN.
‘‘(a) IN GENERAL.—For purposes of determining the
export price (or constructed export price) under section
772 or the normal value under section 773, and in carry-
ing out reviews under section 751, the administering au-
thority may—
‘‘(1) use averaging and statistically valid sam-
ples, if there is a significant volume of sales of the
subject merchandise or a significant number or types
of products, and
‘‘(2) decline to take into account adjustments
which are insignificant in relation to the price or
value of the merchandise.
‘‘(b) SELECTION OF AVERAGES AND SAMPLES.—The
authority to select averages and statistically valid samples
shall rest exclusively with the administering authority. The
administering authority shall, to the greatest extent pos-
sible, consult with the exporters and producers regarding
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the method to be used to select exporters, producers, or
types of products under this section.
‘‘(c) DETERMINATION OF DUMPING MARGIN.—
‘‘(1) GENERAL RULE.—In determining weighted
average dumping margins under section 733(d),
735(c), or 751(a), the administering authority shall
determine the individual weighted average dumping
margin for each known exporter and producer of the
subject merchandise.
‘‘(2) EXCEPTION.—If it is not practicable to
make individual weighted average dumping margin
determinations under paragraph (1) because of the
large number of exporters or producers involved in
the investigation or review, the administering au-
thority may determine the weighted average dump-
ing margins for a reasonable number of exporters or
producers by limiting its examination to—
‘‘(A) a sample of exporters, producers, or
types of products that is statistically valid
based on the information available to the ad-
ministering authority at the time of selection,
or
‘‘(B) exporters and producers accounting
for the largest volume of the subject merchan-
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dise from the exporting country that can be
reasonably examined.
‘‘(d) 
DETERMINATION
OF
LESS
THAN
FAIR
VALUE.—
‘‘(1) INVESTIGATIONS.—
‘‘(A) IN
GENERAL.—In an investigation
under subtitle B, the administering authority
shall determine whether the subject merchan-
dise is being sold in the United States at less
than fair value—
‘‘(i) by comparing the weighted aver-
age of the normal values to the weighted
average of the export prices (and con-
structed export prices) for comparable
merchandise, or
‘‘(ii) by comparing the normal values
of individual transactions to the export
prices (or constructed export prices) of in-
dividual transactions for comparable mer-
chandise.
‘‘(B) EXCEPTION.—The administering au-
thority may determine whether the subject mer-
chandise is being sold in the United States at
less than fair value by comparing the weighted
average of the normal values to the export
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prices (or constructed export prices) of individ-
ual transactions for comparable merchandise,
if—
‘‘(i) there is a pattern of export prices
(or constructed export prices) for com-
parable merchandise that differ signifi-
cantly among purchasers, regions, or peri-
ods of time, and
‘‘(ii) the administering authority ex-
plains why such differences cannot be
taken into account using a method de-
scribed in paragraph (1)(A)(i) or (ii).
‘‘(2) REVIEWS.—In a review under section 751,
when comparing export prices (or constructed export
prices) of individual transactions to the weighted av-
erage price of sales of the foreign like product, the
administering authority shall limit its averaging of
prices to a period not exceeding the calendar month
that corresponds most closely to the calendar month
of the individual export sale.’’.
(b) DUMPING MARGIN; WEIGHTED AVERAGE DUMP-
ING MARGIN.—Section 771 (19 U.S.C. 1677), as amended
by section 222(i), is amended by adding at the end the
following new paragraph:
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‘‘(35) DUMPING MARGIN; WEIGHTED AVERAGE
DUMPING MARGIN.—
‘‘(A) 
DUMPING
MARGIN.—The 
term
‘dumping margin’ means the amount by which
the normal value exceeds the export price or
constructed export price of the subject mer-
chandise.
‘‘(B) WEIGHTED AVERAGE DUMPING MAR-
GIN.—The term ‘weighted average dumping
margin’ is the percentage determined by divid-
ing the aggregate dumping margins determined
for a specific exporter or producer by the aggre-
gate export prices and constructed export prices
of such exporter or producer.
‘‘(C) MAGNITUDE
OF
THE
MARGIN
OF
DUMPING.—The magnitude of the margin of
dumping used by the Commission shall be—
‘‘(i) in making a preliminary deter-
mination under section 733(a) in an inves-
tigation (including any investigation in
which the Commission cumulatively as-
sesses the volume and effect of imports
under paragraph (7)(G)(i)), the dumping
margin or margins published by the ad-
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ministering authority in its notice of initi-
ation of the investigation;
‘‘(ii) in making a final determination
under section 735(b), the dumping margin
or margins most recently published by the
administering authority prior to the closing
of the Commission’s administrative record;
‘‘(iii) in a review under section
751(b)(2), the most recent dumping mar-
gin or margins determined by the admin-
istering authority under section 752(c)(3),
if any, or under section 733(b) or 735(a);
and
‘‘(iv) in a review under section 751(c),
the dumping margin or margins deter-
mined by the administering authority
under section 752(c)(3).’’.
SEC. 230. ANTICIRCUMVENTION.
(a) IN GENERAL.—Subsections (a) and (b) of section
781 (19 U.S.C. 1677j (a) and (b)) are amended to read
as follows:
‘‘(a) MERCHANDISE COMPLETED OR ASSEMBLED IN
THE UNITED STATES.—
‘‘(1) IN GENERAL.—If—
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‘‘(A) merchandise sold in the United
States is of the same class or kind as any other
merchandise that is the subject of—
‘‘(i) an antidumping duty order issued
under section 736,
‘‘(ii) a finding issued under the Anti-
dumping Act, 1921, or
‘‘(iii) a countervailing duty order is-
sued under section 706 or section 303,
‘‘(B) such merchandise sold in the United
States is completed or assembled in the United
States from parts or components produced in
the foreign country with respect to which such
order or finding applies,
‘‘(C) the process of assembly or completion
in the United States is minor or insignificant,
and
‘‘(D) the value of the parts or components
referred to in subparagraph (B) is a significant
portion of the total value of the merchandise,
the administering authority, after taking into ac-
count any advice provided by the Commission under
subsection (e), may include within the scope of such
order or finding the imported parts or components
referred to in subparagraph (B) that are used in the
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completion or assembly of the merchandise in the
United States at any time such order or finding is
in effect.
‘‘(2) DETERMINATION OF WHETHER PROCESS
IS
MINOR
OR
INSIGNIFICANT.—In determining
whether the process of assembly or completion is
minor or insignificant under paragraph (1)(C), the
administering authority shall take into account—
‘‘(A) the level of investment in the United
States,
‘‘(B) the level of research and development
in the United States,
‘‘(C) the nature of the production process
in the United States,
‘‘(D) the extent of production facilities in
the United States, and
‘‘(E) whether the value of the processing
performed in the United States represents a
small proportion of the value of the merchan-
dise sold in the United States.
‘‘(3) FACTORS TO CONSIDER.—In determining
whether to include parts or components in a coun-
tervailing or antidumping duty order or finding
under paragraph (1), the administering authority
shall take into account such factors as—
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‘‘(A) the pattern of trade, including
sourcing patterns,
‘‘(B) whether the manufacturer or exporter
of the parts or components is affiliated with the
person who assembles or completes the mer-
chandise sold in the United States from the
parts or components produced in the foreign
country with respect to which the order or find-
ing described in paragraph (1) applies, and
‘‘(C) whether imports into the United
States of the parts or components produced in
such foreign country have increased after the
initiation of the investigation which resulted in
the issuance of such order or finding.
‘‘(b) MERCHANDISE COMPLETED OR ASSEMBLED IN
OTHER FOREIGN COUNTRIES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) merchandise imported into the United
States is of the same class or kind as any mer-
chandise produced in a foreign country that is
the subject of—
‘‘(i) an antidumping duty order issued
under section 736,
‘‘(ii) a finding issued under the Anti-
dumping Act, 1921, or
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‘‘(iii) a countervailing duty order is-
sued under section 706 or section 303,
‘‘(B) before importation into the United
States, such imported merchandise is completed
or assembled in another foreign country from
merchandise which—
‘‘(i) is subject to such order or find-
ing, or
‘‘(ii) is produced in the foreign coun-
try with respect to which such order or
finding applies,
‘‘(C) the process of assembly or completion
in the foreign country referred to in subpara-
graph (B) is minor or insignificant,
‘‘(D) the value of the merchandise pro-
duced in the foreign country to which the anti-
dumping duty order applies is a significant por-
tion of the total value of the merchandise ex-
ported to the United States, and
‘‘(E) the administering authority deter-
mines that action is appropriate under this
paragraph to prevent evasion of such order or
finding,
the administering authority, after taking into ac-
count any advice provided by the Commission under
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subsection (e), may include such imported merchan-
dise within the scope of such order or finding at any
time such order or finding is in effect.
‘‘(2) DETERMINATION OF WHETHER PROCESS
IS
MINOR
OR
INSIGNIFICANT.—In determining
whether the process of assembly or completion is
minor or insignificant under paragraph (1)(C), the
administering authority shall take into account—
‘‘(A) the level of investment in the foreign
country,
‘‘(B) the level or research and development
in the foreign country,
‘‘(C) the nature of the production process
in the foreign country,
‘‘(D) the extent of production facilities in
the foreign country, and
‘‘(E) whether the value of the processing
performed in the foreign country represents a
small proportion of the value of the merchan-
dise imported into the United States.
‘‘(3) FACTORS TO CONSIDER.—In determining
whether to include merchandise assembled or com-
pleted in a foreign country in a countervailing duty
order or an antidumping duty order or finding under
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paragraph (1), the administering authority shall
take into account such factors as—
‘‘(A) the pattern of trade, including
sourcing patterns,
‘‘(B) whether the manufacturer or exporter
of the merchandise described in paragraph
(1)(B) is affiliated with the person who uses the
merchandise described in paragraph (1)(B) to
assemble or complete in the foreign country the
merchandise that is subsequently imported into
the United States, and
‘‘(C) whether imports into the foreign
country of the merchandise described in para-
graph (1)(B) have increased after the initiation
of the investigation which resulted in the issu-
ance of such order or finding.’’.
(b) TIME LIMITS FOR ADMINISTERING AUTHORITY
DETERMINATIONS.—Section 781 (19 U.S.C. 1677j) is
amended by adding at the end the following:
‘‘(f) TIME LIMITS FOR ADMINISTERING AUTHORITY
DETERMINATIONS.—The administering authority shall, to
the maximum extent practicable, make the determinations
under this section within 300 days from the date of the
initiation of a countervailing duty or antidumping cir-
cumvention inquiry under this section.’’.
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SEC. 231. EVIDENCE.
(a) CONDUCT OF INVESTIGATIONS AND ADMINISTRA-
TIVE REVIEWS.—Subtitle D of title VII (19 U.S.C. 1671)
is amended by adding at the end the following new section:
‘‘SEC. 782. CONDUCT OF INVESTIGATIONS AND ADMINIS-
TRATIVE REVIEWS.
‘‘(a) TREATMENT
OF VOLUNTARY RESPONSES
IN
COUNTERVAILING OR ANTIDUMPING DUTY INVESTIGA-
TIONS AND REVIEWS.—In any investigation under subtitle
A or B or a review under section 751(a) in which the ad-
ministering authority has, under section 777A(c)(2) or
section 777A(e)(2)(A) (whichever is applicable), limited
the number of exporters or producers examined, or deter-
mined a single country-wide rate, the administering au-
thority shall establish an individual countervailable sub-
sidy rate or an individual weighted average dumping mar-
gin for any exporter or producer not initially selected for
individual examination under such sections who submits
to the administering authority the information requested
from exporters or producers selected for examination, if—
‘‘(1) such information is so submitted by the
date specified—
‘‘(A) for exporters and producers that were
initially selected for examination, or
‘‘(B) for the foreign government, in a
countervailing duty case where the administer-
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ing authority has determined a single country-
wide rate; and
‘‘(2) the number of exporters or producers who
have submitted such information is not so large that
individual examination of such exporters or produc-
ers would be unduly burdensome and inhibit the
timely completion of the investigation.
‘‘(b) CERTIFICATION OF SUBMISSIONS.—Any person
providing factual information to the administering author-
ity or the Commission in connection with a proceeding
under this title on behalf of the petitioner or any other
interested party shall certify that such information is ac-
curate and complete to the best of that person’s knowl-
edge.
‘‘(c) DIFFICULTIES IN MEETING REQUIREMENTS.—
‘‘(1) NOTIFICATION BY INTERESTED PARTY.—
If an interested party, promptly after receiving a re-
quest from the administering authority or the Com-
mission for information, notifies the administering
authority or the Commission (as the case may be)
that such party is unable to submit the information
requested in the requested form and manner, to-
gether with a full explanation and suggested alter-
native forms in which such party is able to submit
the information, the administering authority or the
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Commission (as the case may be) shall consider the
ability of the interested party to submit the informa-
tion in the requested form and manner and may
modify such requirements to the extent necessary to
avoid imposing an unreasonable burden on that
party.
‘‘(2) ASSISTANCE TO INTERESTED PARTIES.—
The administering authority and the Commission
shall take into account any difficulties experienced
by interested parties, particularly small companies,
in supplying information requested by the admin-
istering authority or the Commission in connection
with investigations and reviews under this title, and
shall provide to such interested parties any assist-
ance that is practicable in supplying such informa-
tion.
‘‘(d) DEFICIENT SUBMISSIONS.—If the administering
authority or the Commission determines that a response
to a request for information under this title does not com-
ply with the request, the administering authority or the
Commission (as the case may be) shall promptly inform
the person submitting the response of the nature of the
deficiency and shall, to the extent practicable, provide that
person with an opportunity to remedy or explain the defi-
ciency in light of the time limits established for the com-
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pletion of investigations or reviews under this title. If that
person submits further information in response to such
deficiency and either—
‘‘(1) the administering authority or the Com-
mission (as the case may be) finds that such re-
sponse is not satisfactory, or
‘‘(2) such response is not submitted within the
applicable time limits,
then the administering authority or the Commission (as
the case may be) may, subject to subsection (e), disregard
all or part of the original and subsequent responses.
‘‘(e) USE OF CERTAIN INFORMATION.—In reaching
a determination under section 703, 705, 733, 735, 751,
or 753 the administering authority and the Commission
shall not decline to consider information that is submitted
by an interested party and is necessary to the determina-
tion but does not meet all the applicable requirements es-
tablished by the administering authority or the Commis-
sion, if—
‘‘(1) the information is submitted by the dead-
line established for its submission,
‘‘(2) the information can be verified,
‘‘(3) the information is not so incomplete that
it cannot serve as a reliable basis for reaching the
applicable determination,
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‘‘(4) the interested party has demonstrated that
it acted to the best of its ability in providing the in-
formation and meeting the requirements established
by the administering authority or the Commission
with respect to the information, and
‘‘(5) the information can be used without undue
difficulties.
‘‘(f) NONACCEPTANCE OF SUBMISSIONS.—If the ad-
ministering authority or the Commission declines to accept
into the record any information submitted in an investiga-
tion or review under this title, it shall, to the extent prac-
ticable, provide to the person submitting the information
a written explanation of the reasons for not accepting the
information.
‘‘(g) PUBLIC COMMENT ON INFORMATION.—Infor-
mation that is submitted on a timely basis to the admin-
istering authority or the Commission during the course of
a proceeding under this title shall be subject to comment
by other parties to the proceeding within such reasonable
time as the administering authority or the Commission
shall provide. The administering authority and the Com-
mission, before making a final determination under section
705, 735, 751, or 753 shall cease collecting information
and shall provide the parties with a final opportunity to
comment on the information obtained by the administer-
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ing authority or the Commission (as the case may be)
upon which the parties have not previously had an oppor-
tunity to comment. Comments containing new factual in-
formation shall be disregarded.
‘‘(h) TERMINATION OF INVESTIGATION OR REVOCA-
TION OF ORDER FOR LACK OF INTEREST.—The admin-
istering authority may—
‘‘(1) terminate an investigation under subtitle A
or B with respect to a domestic like product if, prior
to publication of an order under section 706 or 736,
the administering authority determines that produc-
ers accounting for substantially all of the production
of that domestic like product have expressed a lack
of interest in issuance of an order; and
‘‘(2) revoke an order issued under section 706
or 736 with respect to a domestic like product, or
terminate an investigation suspended under section
704 or 734 with respect to a domestic like product,
if the administering authority determines that pro-
ducers accounting for substantially all of the produc-
tion of that domestic like product, have expressed a
lack of interest in the order or suspended investiga-
tion.
‘‘(i) VERIFICATION.—The administering authority
shall verify all information relied upon in making—
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‘‘(1) a final determination in an investigation,
‘‘(2) a revocation under section 751(d), and
‘‘(3) a final determination in a review under
section 751(a), if—
‘‘(A) verification is timely requested by an
interested 
party 
as 
defined 
in 
section
771(9)(C), (D), (E), (F), or (G), and
‘‘(B) no verification was made under this
subparagraph during the 2 immediately preced-
ing reviews and determinations under section
751(a) of the same order, finding, or notice, ex-
cept that this clause shall not apply if good
cause for verification is shown.’’.
(b) AVAILABILITY OF NONPROPRIETARY INFORMA-
TION.—Section 777(a)(4) (19 U.S.C. 1677f(a)(4)) is
amended by striking ‘‘may disclose’’ and inserting ‘‘shall
disclose’’.
(c) DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.—Section 776 (19 U.S.C. 1677e) is amended
to read as follows:
‘‘SEC. 776. DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.
‘‘(a) IN GENERAL.—If—
‘‘(1) necessary information is not available on
the record, or
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‘‘(2) an interested party or any other person—
‘‘(A) withholds information that has been
requested by the administering authority or the
Commission under this title,
‘‘(B) fails to provide such information by
the deadlines for submission of the information
or in the form and manner requested, subject to
subsections (c)(1) and (e) of section 782,
‘‘(C) significantly impedes a proceeding
under this title, or
‘‘(D) provides such information but the in-
formation cannot be verified as provided in sec-
tion 782(i),
the administering authority and the Commission shall,
subject to section 782(d), use the facts otherwise available
in reaching the applicable determination under this title.
‘‘(b) ADVERSE INFERENCES.—If the administering
authority or the Commission (as the case may be) finds
that an interested party has failed to cooperate by not act-
ing to the best of its ability to comply with a request for
information from the administering authority or the Com-
mission, the administering authority or the Commission
(as the case may be), in reaching the applicable determina-
tion under this title, may use an inference that is adverse
to the interests of that party in selecting from among the
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facts otherwise available. Such adverse inference may in-
clude reliance on information derived from—
‘‘(1) the petition,
‘‘(2) a final determination in the investigation
under this title,
‘‘(3) any previous review under section 751 or
determination under section 753, or
‘‘(4) any other information placed on the
record.
‘‘(c) CORROBORATION
OF SECONDARY INFORMA-
TION.—When the administering authority or the Commis-
sion relies on secondary information rather than on infor-
mation obtained in the course of an investigation or re-
view, the administering authority or the Commission, as
the case may be, shall, to the extent practicable, corrobo-
rate that information from independent sources that are
reasonably at their disposal.’’.
(d) CONFORMING AMENDMENTS.—
(1) Section 777(e) (19 U.S.C. 1677f(e)) is re-
pealed.
(2) The table of contents for title VII is amend-
ed—
(A) by amending the item relating to sec-
tion 776 to read as follows:
‘‘Sec. 776. Determinations on the basis of the facts available.’’;
and
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(B) by inserting after the item relating to
section 781 the following new item:
‘‘Sec. 782. Conduct of investigations and administrative reviews.’’.
SEC. 232. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.
(a) IN GENERAL.—Subtitle D of title VII (19 U.S.C.
1677 et seq.), as amended by section 231(a), is amended
by adding at the end the following new section:
‘‘SEC. 783. ANTIDUMPING PETITIONS BY THIRD COUNTRIES.
‘‘(a) FILING OF PETITION.—The government of a
WTO member may file with the Trade Representative a
petition requesting that an investigation be conducted to
determine if—
‘‘(1) imports from another country are being
sold in the United States at less than fair value, and
‘‘(2) an industry in the petitioning country is
materially injured by reason of those imports.
‘‘(b) INITIATION.—The Trade Representative, after
consultation with the administering authority and the
Commission and obtaining the approval of the WTO
Council for Trade in Goods, shall determine whether to
initiate an investigation described in subsection (a).
‘‘(c) DETERMINATIONS.—Upon initiation of an inves-
tigation under this section, the Trade Representative shall
request the following determinations be made according
to substantive and procedural requirements specified by
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the Trade Representative, notwithstanding any other pro-
vision of this title:
‘‘(1) The administering authority shall deter-
mine whether imports into the United States of the
subject merchandise are being sold at less than fair
value.
‘‘(2) The Commission shall determine whether
an industry in the petitioning country is materially
injured by reason of imports of the subject merchan-
dise into the United States.
‘‘(d) PUBLIC COMMENT.—An opportunity for public
comment shall be provided, as appropriate—
‘‘(1) by the Trade Representative, in making
the determination required by subsection (b), and
‘‘(2) by the administering authority and the
Commission, in making the determination required
by subsection (c).
‘‘(e) ISSUANCE OF ORDER.—If the administering au-
thority makes an affirmative determination under para-
graph (1) of subsection (c), and the Commission makes
an affirmative determination under paragraph (2) of sub-
section (c), the administering authority shall issue an anti-
dumping duty order in accordance with section 736 and
take such other actions as are required by section 736.
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‘‘(f) REVIEWS OF DETERMINATIONS.—For purposes
of review under section 516A or review under section 751,
if an order is issued under subsection (d), the final deter-
minations of the administering authority and the Commis-
sion under this section shall be treated as final determina-
tions made under section 735.
‘‘(g) ACCESS TO INFORMATION.—Section 777 shall
apply to investigations under this section, to the extent
specified by the Trade Representative, after consultation
with the administering authority and the Commission.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII, as amended by section 231(d)(2), is
amended by adding after the item relating to section 782
the following new item:
‘‘Sec. 783. Antidumping petitions by third countries.’’.
SEC. 233. CONFORMING AMENDMENTS.
(a) TERMINOLOGY.—
(1) NORMAL
VALUE.—Each of the following
sections is amended by striking ‘‘foreign market
value’’ each place it appears in the text and in the
heading and inserting ‘‘normal value’’:
(A) Section 731 (19 U.S.C. 1673).
(B) Section 734 (19 U.S.C. 1673c).
(C) Section 736 (19 U.S.C. 1673e).
(D) Section 739 (19 U.S.C. 1673h).
(E) Section 780 (19 U.S.C. 1677i).
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(2) EXPORT PRICE.—
(A) IN GENERAL.—Each of the following
sections is amended by striking ‘‘United States
price’’ each place it appears in the text and in
the heading and inserting ‘‘export price (or the
constructed export price)’’:
(i) Section 731 (19 U.S.C. 1673).
(ii) Section 734 (19 U.S.C. 1673c).
(iii) Section 736 (19 U.S.C. 1673e).
(iv) Section 738 (19 U.S.C. 1673g).
(v) Section 739 (19 U.S.C. 1673h).
(vi) Section 780 (19 U.S.C. 1677i).
(B) EXPORTER’S
SALES
PRICE.—Section
738(b)(3) (19 U.S.C. 1673g(b)(3)) is amended
by striking ‘‘exporter’s sales price’’ and insert-
ing ‘‘constructed export price’’.
(3) DOMESTIC LIKE PRODUCT.—
(A) Each of the following sections is
amended by striking ‘‘like product’’ each place
it appears in the text and in the heading and
inserting ‘‘domestic like product’’:
(i) Section 771(4)(C) and (D) (19
U.S.C. 1677(4)(C) and (D)).
(ii) Section 771(7)(C)(iii)(IV) (19
U.S.C. 1677(7)(C)(iii)(IV)).
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(iii) 
Section 
771(9) 
(19 
U.S.C.
1677(9)).
(iv) 
Section 
771(10) (19 U.S.C.
1677(10)).
(B) Sections 771(7)(B)(i)(II) and (III)
and 
section 
771(7)(C)(ii)(I) 
(19 
U.S.C.
1677(7)(B)(i)(II) and (III) and (C)(ii)(I)) are
amended by striking ‘‘like products’’ and insert-
ing ‘‘domestic like products’’.
(4) FOREIGN LIKE PRODUCT.—Section 771(16)
(19 U.S.C. 1677(16)) is amended—
(A) by striking ‘‘such or similar merchan-
dise’’ in the text and inserting ‘‘foreign like
product’’, and
(B) by amending the heading to read as
follows: ‘‘FOREIGN LIKE PRODUCT.’’.
(5) SUBJECT MERCHANDISE.—
(A) Section 701(d) (19 U.S.C. 1671(d)) is
amended by striking ‘‘a class or kind of mer-
chandise subject to a countervailing duty inves-
tigation’’ and inserting ‘‘subject merchandise’’.
(B) Section 702(e) (19 U.S.C. 1671a(e)) is
amended by striking ‘‘class or kind of merchan-
dise that is the subject of the investigation’’
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each place it appears and inserting ‘‘subject
merchandise’’.
(C) 
Section 
703(b)(1) 
(19 
U.S.C.
1671b(b)(1)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(D) Section 704(a)(2)(A) (19 U.S.C.
1671c(a)(2)(A)) is amended by striking ‘‘mer-
chandise that is subject to the investigation’’
and inserting ‘‘subject merchandise’’.
(E) Section 704(b) (19 U.S.C. 1671c(b))
is amended by striking ‘‘merchandise which is
the subject of the investigation’’ and inserting
‘‘subject merchandise’’.
(F) 
Section 
704(c)(1) 
(19 
U.S.C.
1671c(c)(1)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(G) 
Section 
704(c)(2) 
(19 
U.S.C.
1671c(c)(2)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(H) 
Section 
704(c)(3) 
(19 
U.S.C.
1671c(c)(3)) is amended by striking ‘‘merchan-
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dise which is the subject of an investigation’’
and inserting ‘‘subject merchandise’’.
(I) 
Section 
704(d)(3) 
(19 
U.S.C.
1671c(d)(3)) is amended by striking ‘‘merchan-
dise covered by such agreement’’ and inserting
‘‘subject merchandise’’.
(J) 
Section 
704(f)(1)(A) 
(19 
U.S.C.
1671c(f)(1)(A)) is amended by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(K) Subparagraphs (A)(i) and (B) of sec-
tion 704(f)(2) (19 U.S.C. 1671c(f)(2)(A)(i) and
(B)) are amended by striking ‘‘merchandise
which is the subject of the investigation’’ each
place it appears and inserting ‘‘subject mer-
chandise’’.
(L) Paragraphs (2) and (3) of section
704(h) (19 U.S.C. 1671c(h) (2) and (3)) are
amended by striking ‘‘merchandise which is the
subject of the investigation’’ each place it ap-
pears and inserting ‘‘subject merchandise’’.
(M) Section 704(j) (19 U.S.C. 1671c(j)) is
amended by striking ‘‘merchandise which is the
subject of the investigation’’ and inserting
‘‘subject merchandise’’.
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(N) 
Section 
705(a)(1) 
(19 
U.S.C.
1671d(a)(1)) is amended by striking ‘‘the mer-
chandise’’ and inserting ‘‘the subject merchan-
dise’’.
(O) 
Section 
706(a)(2) 
(19 
U.S.C.
1671e(a)(2)), as redesignated by section 265, is
amended by striking ‘‘class or kind of merchan-
dise to which it applies’’ and inserting ‘‘subject
merchandise’’.
(P) 
Section 
732(e)(1) 
(19 
U.S.C.
1673a(e)(1)) is amended by striking ‘‘class or
kind of the merchandise which is the subject of
the investigation’’ and inserting ‘‘the subject
merchandise’’.
(Q) 
Section 
732(e)(2) 
(19 
U.S.C.
1673a(e)(2)) is amended by striking ‘‘merchan-
dise which is the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(R) Section 732(e) (19 U.S.C. 1673a(e)) is
amended by striking ‘‘class or kind of merchan-
dise that is the subject of the investigation’’
each place it appears and inserting ‘‘subject
merchandise’’.
(S) 
Section 
734(a)(2)(A) 
(19 
U.S.C
1673c(a)(2)(A)) is amended by striking ‘‘mer-
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chandise that is subject to the investigation’’
and inserting ‘‘subject merchandise’’.
(T) Subsections (b), (c)(1), (f)(1)(A),
(f)(2)(A)(i), (g)(1), (h)(2), (h)(3), and (j) of
section 734 (19 U.S.C 1673c(b), (c)(1),
(f)(1)(A), (f)(2)(A)(i), (g)(1), (h)(2), (h)(3),
and (j)) are amended by striking ‘‘merchandise
which is the subject of the investigation’’ each
place it appears and inserting ‘‘subject mer-
chandise’’.
(U) Section 734(f)(2)(B) (19 U.S.C.
1673c(f)(2)(B)) is amended by striking ‘‘mer-
chandise subject to the investigation’’ and in-
serting ‘‘subject merchandise’’.
(V) 
Section 
735(a)(1) 
(19 
U.S.C.
1673d(a)(1)) is amended by striking ‘‘merchan-
dise which was the subject of the investigation’’
and inserting ‘‘subject merchandise’’.
(W) 
Section 
736(a)(2) 
(19 
U.S.C.
1673e(a)(2)) is amended by striking ‘‘class or
kind of merchandise to which it applies’’ and
inserting ‘‘subject merchandise’’.
(X) 
Section 
736(b)(1) 
(19 
U.S.C.
1673e(b)(1)) is amended by striking ‘‘merchan-
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dise subject to the antidumping duty order’’
and inserting ‘‘subject merchandise’’.
(Y) 
Section 
736(b)(2) 
(19 
U.S.C.
1673e(b)(2)) is amended by striking ‘‘merchan-
dise subject to an antidumping duty order’’ and
inserting ‘‘subject merchandise’’.
(Z) 
Section 
762(a)(1) 
(19 
U.S.C.
1676a(a)(1)) is amended by striking ‘‘merchan-
dise subject to the agreement’’ and inserting
‘‘subject merchandise’’.
(AA) 
Section 
762(b)(2) 
(19 
U.S.C.
1676a(b)(2)) is amended by striking ‘‘merchan-
dise subject to the order’’ and inserting ‘‘sub-
ject merchandise’’.
(BB) Section 771(7)(B)(i)(I) (19 U.S.C.
1677(7)(B)(i)(I)) is amended by striking ‘‘mer-
chandise which is the subject of the investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(CC) 
Section 
771(9)(A) 
(19 
U.S.C.
1677(9)(A)) is amended by striking ‘‘merchan-
dise which is the subject of an investigation
under this title’’ and inserting ‘‘subject mer-
chandise’’.
(DD) Section 771(16)(A) (19 U.S.C.
1677(16)(A)) is amended by striking ‘‘merchan-
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dise which is the subject of an investigation’’
and inserting ‘‘subject merchandise’’.
(EE) Section 771(16)(B)(i) (19 U.S.C.
1677(16)(B)(i)) is amended by striking ‘‘mer-
chandise which is the subject of an investiga-
tion’’ and inserting ‘‘subject merchandise’’.
(FF) 
Section 
771(17) 
(19 
U.S.C.
1677(17)) is amended by striking ‘‘merchandise
which is the subject of the investigation’’ and
inserting ‘‘subject merchandise’’.
(GG) Section 771A(c) (19 U.S.C. 1677–
1(c)) is amended by striking ‘‘merchandise
under investigation’’ and inserting ‘‘subject
merchandise’’.
(6) INITIATE.—(A) Each of the following sec-
tions is amended by striking ‘‘commenced’’ and in-
serting ‘‘initiated’’:
(i) Section 702(a).
(ii) Section 702(b)(1).
(iii) Section 703(b)(1).
(iv) Section 703(c)(1).
(v) Section 732(a)(1).
(vi) Section 732(a)(2)(D).
(vii) Section 732(b)(1).
(viii) Section 733(b)(1)(A) and (B).
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(ix) Section 733(b)(2).
(x) Section 733(c)(1).
(B) Sections 703(g)(1) and 733(b)(2) are each
amended by striking ‘‘commencement’’ and inserting
‘‘initiation’’.
(C) Section 732(a)(2)(B) is amended by strik-
ing ‘‘commence’’ and inserting ‘‘initiate’’.
(7) TECHNICAL
AMENDMENTS.—The table of
contents for title VII is amended—
(A) by amending the item relating to sec-
tion 772 to read as follows:
‘‘Sec. 772. Export price and constructed export price.’’;
(B) by striking ‘‘Foreign market value’’ in
the item relating to section 773 and inserting
‘‘Normal value’’, and
(C) by inserting after the item relating to
section 708 the following new item:
‘‘Sec. 709. Conditional payment of countervailing duty.’’.
(b) OTHER CONFORMING AMENDMENTS.—
(1) WTO MEMBER.—Section 771(7)(F)(iii) (19
U.S.C. 1677(7)(F)(iii)) is amended—
(A) in subclause (I), by striking ‘‘GATT
member’’ and inserting ‘‘WTO member’’; and
(B) in subclause (II)—
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(i) in the subclause heading, by strik-
ing 
‘‘GATT 
MEMBER’’ 
and 
inserting
‘‘WTO MEMBER’’;
(ii) by striking ‘‘GATT member’’ and
inserting ‘‘WTO member’’; and
(iii) by striking ‘‘signatory’’ and all
that follows through ‘‘measures)’’ and in-
serting ‘‘WTO member’’.
(2) 
ADMINISTERING
AUTHORITY.—Section
771(1) (19 U.S.C. 1677(1)) is amended by striking
‘‘the Treasury’’ and inserting ‘‘Commerce’’.
SEC. 234. APPLICATION TO CANADA AND MEXICO.
Pursuant to article 1902 of the North American Free
Trade Agreement and section 408 of the North American
Free Trade Agreement Implementation Act, the amend-
ments made by this title shall apply with respect to goods
from Canada and Mexico.
Subtitle B—Subsidies Provisions
PART 1—COUNTERVAILABLE SUBSIDIES
SEC. 251. COUNTERVAILABLE SUBSIDY.
(a) IN GENERAL.—Section 771 (19 U.S.C. 1677) is
amended by striking paragraph (5) and inserting the fol-
lowing:
‘‘(5) COUNTERVAILABLE SUBSIDY.—
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‘‘(A) IN GENERAL.—Except as provided in
paragraph (5B), a countervailable subsidy is a
subsidy described in this paragraph which is
specific as described in paragraph (5A).
‘‘(B) SUBSIDY DESCRIBED.—A subsidy is
described in this paragraph in the case in which
an authority—
‘‘(i) provides a financial contribution,
‘‘(ii) provides any form of income or
price support within the meaning of Article
XVI of the GATT 1994, or
‘‘(iii) makes a payment to a funding
mechanism to provide a financial contribu-
tion, or entrusts or directs a private entity
to make a financial contribution, if provid-
ing the contribution would normally be
vested in the government and the practice
does not differ in substance from practices
normally followed by governments,
to a person and a benefit is thereby conferred.
For purposes of this paragraph and paragraphs
(5A) and (5B), the term ‘authority’ means a
government of a country or any public entity
within the territory of the country.
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‘‘(C) OTHER
FACTORS.—The determina-
tion of whether a subsidy exists shall be made
without regard to whether the recipient of the
subsidy is publicly or privately owned and with-
out regard to whether the subsidy is provided
directly or indirectly on the manufacture, pro-
duction, or export of merchandise. The admin-
istering authority is not required to consider
the effect of the subsidy in determining whether
a subsidy exists under this paragraph.
‘‘(D) 
FINANCIAL
CONTRIBUTION.—The
term ‘financial contribution’ means—
‘‘(i) the direct transfer of funds, such
as grants, loans, and equity infusions, or
the potential direct transfer of funds or li-
abilities, such as loan guarantees,
‘‘(ii) foregoing or not collecting reve-
nue that is otherwise due, such as granting
tax credits or deductions from taxable in-
come,
‘‘(iii) providing goods or services,
other than general infrastructure, or
‘‘(iv) purchasing goods.
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‘‘(E) BENEFIT
CONFERRED.—A benefit
shall normally be treated as conferred where
there is a benefit to the recipient, including—
‘‘(i) in the case of an equity infusion,
if the investment decision is inconsistent
with the usual investment practice of pri-
vate investors, including the practice re-
garding the provision of risk capital, in the
country in which the equity infusion is
made,
‘‘(ii) in the case of a loan, if there is
a difference between the amount the recipi-
ent of the loan pays on the loan and the
amount the recipient would pay on a com-
parable commercial loan that the recipient
could actually obtain on the market,
‘‘(iii) in the case of a loan guarantee,
if there is a difference, after adjusting for
any difference in guarantee fees, between
the amount the recipient of the guarantee
pays on the guaranteed loan and the
amount the recipient would pay for a com-
parable commercial loan if there were no
guarantee by the authority, and
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‘‘(iv) in the case where goods or serv-
ices are provided, if such goods or services
are provided for less than adequate remu-
neration, and in the case where goods are
purchased, if such goods are purchased for
more than adequate remuneration.
For purposes of clause (iv), the adequacy of re-
muneration shall be determined in relation to
prevailing market conditions for the good or
service being provided or the goods being pur-
chased in the country which is subject to the in-
vestigation or review. Prevailing market condi-
tions include price, quality, availability, market-
ability, transportation, and other conditions of
purchase or sale.
‘‘(F) CHANGE IN OWNERSHIP.—A change
in ownership of all or part of a foreign enter-
prise or the productive assets of a foreign enter-
prise does not by itself require a determination
by the administering authority that a past
countervailable subsidy received by the enter-
prise no longer continues to be countervailable,
even if the change in ownership is accomplished
through an arm’s length transaction.
‘‘(5A) SPECIFICITY.—
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‘‘(A) IN GENERAL.—A subsidy is specific if
it is an export subsidy described in subpara-
graph (B) or an import substitution subsidy de-
scribed in subparagraph (C), or if it is deter-
mined to be specific pursuant to subparagraph
(D).
‘‘(B) EXPORT SUBSIDY.—An export sub-
sidy is a subsidy that is, in law or in fact, con-
tingent upon export performance, alone or as 1
of 2 or more conditions.
‘‘(C) IMPORT
SUBSTITUTION
SUBSIDY.—
An import substitution subsidy is a subsidy that
is contingent upon the use of domestic goods
over imported goods, alone or as 1 of 2 or more
conditions.
‘‘(D) DOMESTIC SUBSIDY.—In determining
whether a subsidy (other than a subsidy de-
scribed in subparagraph (B) or (C)) is a spe-
cific subsidy, in law or in fact, to an enterprise
or industry within the jurisdiction of the au-
thority providing the subsidy, the following
guidelines shall apply:
‘‘(i) Where the authority providing the
subsidy, or the legislation pursuant to
which the authority operates, expressly
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limits access to the subsidy to an enter-
prise or industry, the subsidy is specific as
a matter of law.
‘‘(ii) Where the authority providing
the subsidy, or the legislation pursuant to
which the authority operates, establishes
objective criteria or conditions governing
the eligibility for, and the amount of, a
subsidy, the subsidy is not specific as a
matter of law, if—
‘‘(I) eligibility is automatic,
‘‘(II) the criteria or conditions
for eligibility are strictly followed, and
‘‘(III) the criteria or conditions
are clearly set forth in the relevant
statute, regulation, or other official
document so as to be capable of ver-
ification.
For purposes of this clause, the term ‘ob-
jective criteria or conditions’ means criteria
or conditions that are neutral and that do
not favor one enterprise or industry over
another.
‘‘(iii) Where there are reasons to be-
lieve that a subsidy may be specific as a