‘‘(1) IN GENERAL.—Within 75 days after the
date of its preliminary determination under section
803(b), the administering authority shall make a
final determination of whether the vessel which is
the subject of the investigation has been sold in the
United States at less than its fair value.
‘‘(2) EXTENSION OF PERIOD FOR DETERMINA-
TION.—(A) The administering authority may post-
pone making the final determination under para-
graph (1) until not later than 290 days after—
‘‘(i) the date of delivery of the foreign like
vessel, in an investigation to which section
803(b)(1)(B) applies,
‘‘(ii) the date of delivery of the subject ves-
sel, in an investigation to which section
803(b)(1)(C) applies, or
‘‘(iii) the date on which the administering
authority initiates the investigation under sec-
tion 802, in an investigation to which section
803(b)(1)(D) applies.
‘‘(B) The administering authority may apply
subparagraph (A) if a request in writing is made
by—
‘‘(i) the producer of the subject vessel, in
a proceeding in which the preliminary deter-
mination by the administering authority under
section 803(b) was affirmative, or
‘‘(ii) the petitioner, in a proceeding in
which the preliminary determination by the ad-
ministering authority under section 803(b) was
negative.
‘‘(3) DE
MINIMIS
INJURIOUS
PRICING
MAR-
GIN.—In making a determination under this sub-
section, the administering authority shall disregard
any injurious pricing margin that is de minimis as
defined in section 803(b)(2).
‘‘(b) FINAL DETERMINATION BY COMMISSION.—
‘‘(1) IN
GENERAL.—The Commission shall
make a final determination of whether—
‘‘(A) an industry in the United States—
‘‘(i) is or has been materially injured,
or
‘‘(ii) is threatened with material in-
jury, or
‘‘(B) the establishment of an industry in
the United States is or has been materially re-
tarded,
by reason of the sale of the vessel with respect to
which the administering authority has made an af-
firmative determination under subsection (a)(1).
‘‘(2) PERIOD
FOR
INJURY
DETERMINATION
FOLLOWING
AFFIRMATIVE
PRELIMINARY
DETER-
MINATION BY ADMINISTERING AUTHORITY.—If the
preliminary determination by the administering au-
thority under section 803(b) is affirmative, then the
Commission shall make the determination required
by paragraph (1) before the later of—
‘‘(A) the 120th day after the day on which
the administering authority makes its affirma-
tive preliminary determination under section
803(b), or
‘‘(B) the 45th day after the day on which
the administering authority makes its affirma-
tive final determination under subsection (a).
‘‘(3) PERIOD
FOR
INJURY
DETERMINATION
FOLLOWING
NEGATIVE
PRELIMINARY
DETERMINA-
TION BY ADMINISTERING AUTHORITY.—If the pre-
liminary determination by the administering author-
ity under section 803(b) is negative, and its final de-
termination under subsection (a) is affirmative, then
the final determination by the Commission under
this subsection shall be made within 75 days after
the date of that affirmative final determination.
‘‘(c) EFFECT OF FINAL DETERMINATIONS.—
‘‘(1) EFFECT OF AFFIRMATIVE DETERMINATION
BY THE ADMINISTERING AUTHORITY.—If the deter-
mination of the administering authority under sub-
section (a) is affirmative, then the administering au-
thority shall—
‘‘(A) make available to the Commission all
information upon which such determination was
based and which the Commission considers rel-
evant to its determination, under such proce-
dures as the administering authority and the
Commission may establish to prevent disclosure,
other than with the consent of the party provid-
ing it or under protective order, of any informa-
tion to which confidential treatment has been
given by the administering authority, and
‘‘(B) calculate an injurious pricing charge
in an amount equal to the amount by which the
normal value exceeds the export price of the
subject vessel.
‘‘(2) ISSUANCE OF ORDER; EFFECT OF NEGA-
TIVE DETERMINATION.—If the determinations of the
administering authority and the Commission under
subsections (a)(1) and (b)(1) are affirmative, then
the administering authority shall issue an injurious
pricing order under section 806. If either of such de-
terminations is negative, the investigation shall be
terminated upon the publication of notice of that
negative determination.
‘‘(d) PUBLICATION
OF NOTICE
OF DETERMINA-
TIONS.—Whenever the administering authority or the
Commission makes a determination under this section, it
shall notify the petitioner, other parties to the investiga-
tion, and the other agency of its determination and of the
facts and conclusions of law upon which the determination
is based, and it shall publish notice of its determination
in the Federal Register.
‘‘(e) 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.