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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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‘‘(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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‘‘(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; and
‘‘(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 Unit-
ed 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
exportation.
‘‘(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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‘‘(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 of 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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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 ‘‘mer-
chandise which was the subject of the investiga-
tion’’ 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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‘‘(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
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matter of fact, the subsidy is specific if one
or more of the following factors exist:
‘‘(I) The actual recipients of the
subsidy, whether considered on an en-
terprise or industry basis, are limited
in number.
‘‘(II) An enterprise or industry is
a predominant user of the subsidy.
‘‘(III) An enterprise or industry
receives a disproportionately large
amount of the subsidy.
‘‘(IV) The manner in which the
authority providing the subsidy has
exercised discretion in the decision to
grant the subsidy indicates that an
enterprise or industry is favored over
others.
In evaluating the factors set forth in
subclauses (I), (II), (III), and (IV), the ad-
ministering authority shall take into ac-
count the extent of diversification of eco-
nomic activities within the jurisdiction of
the authority providing the subsidy, and
the length of time during which the sub-
sidy program has been in operation.
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‘‘(iv) Where a subsidy is limited to an
enterprise or industry located within a des-
ignated geographical region within the ju-
risdiction of the authority providing the
subsidy, the subsidy is specific.
For purposes of this paragraph and paragraph (5B),
any reference to an enterprise or industry is a ref-
erence to a foreign enterprise or foreign industry
and includes a group of such enterprises or indus-
tries.
‘‘(5B) CATEGORIES OF NONCOUNTERVAILABLE
SUBSIDIES.—
‘‘(A) IN
GENERAL.—Notwithstanding the
provisions of paragraphs (5) and (5A), in the
case of merchandise imported from a Subsidies
Agreement country, a subsidy shall be treated
as noncountervailable if the administering au-
thority determines in an investigation under
subtitle A or a review under subtitle C that the
subsidy meets all of the criteria described in
subparagraph (B), (C), or (D), as the case may
be, or the provisions of subparagraph (E)(i)
apply.
‘‘(B) RESEARCH SUBSIDY.—
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‘‘(i) IN GENERAL.—Except for a sub-
sidy provided on the manufacture, produc-
tion, or export of civil aircraft, a subsidy
for research activities conducted by a per-
son, or by a higher education or research
establishment on a contract basis with a
person, 
shall 
be 
treated 
as
noncountervailable, if the subsidy covers
not more than 75 percent of the costs of
industrial research or not more than 50
percent of the costs of precompetitive de-
velopment activity, and such subsidy is
limited exclusively to—
‘‘(I) the costs of researchers,
technicians, and other supporting
staff employed exclusively in the re-
search activity,
‘‘(II) the costs of instruments,
equipment, land, or buildings that are
used exclusively and permanently (ex-
cept when disposed of on a commer-
cial basis) for the research activity,
‘‘(III) the costs of consultancy
and equivalent services used exclu-
sively for the research activity, includ-
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ing costs for bought-in research, tech-
nical knowledge, and patents,
‘‘(IV) additional overhead costs
incurred directly as a result of the re-
search activity, and
‘‘(V) other operating costs (such
as materials and supplies) incurred di-
rectly as a result of the research activ-
ity.
‘‘(ii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) INDUSTRIAL
RESEARCH.—
The term ‘industrial research’ means
planned search or critical investiga-
tion aimed at the discovery of new
knowledge, with the objective that
such knowledge may be useful in de-
veloping new products, processes, or
services, or in bringing about a sig-
nificant improvement to existing prod-
ucts, processes, or services.
‘‘(II) PRECOMPETITIVE
DEVEL-
OPMENT
ACTIVITY.—The 
term
‘precompetitive development activity’
means the translation of industrial re-
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search findings into a plan, blueprint,
or design for new, modified, or im-
proved products, processes, or serv-
ices, whether intended for sale or use,
including the creation of a first proto-
type that would not be capable of
commercial use. The term also may
include the conceptual formulation
and design of products, processes, or
services alternatives and initial dem-
onstration or pilot projects, if these
same projects cannot be converted or
used for industrial application or com-
mercial exploitation. The term does
not include routine or periodic alter-
ations to existing products, production
lines, manufacturing processes, serv-
ices, or other ongoing operations even
if those alterations may represent im-
provements.
‘‘(iii) CALCULATION RULES.—
‘‘(I) IN GENERAL.—In the case
of a research activity that spans both
industrial research and precompetitive
development activity, the allowable
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level of the noncountervailable subsidy
shall not exceed 62.5 percent of the
costs set forth in subclauses (I), (II),
(III), (IV), and (V) of clause (i).
‘‘(II) TOTAL ELIGIBLE COSTS.—
The 
allowable 
level 
of 
a
noncountervailable subsidy described
in clause (i) shall be based on the
total eligible costs incurred over the
duration of a particular project.
‘‘(C) SUBSIDY
TO
DISADVANTAGED
RE-
GIONS.—
‘‘(i) IN
GENERAL.—A subsidy pro-
vided, pursuant to a general framework of
regional development, to a person located
in a disadvantaged region within a country
shall be treated as noncountervailable, if it
is not specific (within the meaning of para-
graph (5A)) within eligible regions and if
the following conditions are met:
‘‘(I) Each region identified as
disadvantaged within the territory of
a country is a clearly designated, con-
tiguous geographical area with a de-
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finable economic and administrative
identity.
‘‘(II) Each region is considered a
disadvantaged region on the basis of
neutral and objective criteria indicat-
ing that the region is disadvantaged
because of more than temporary cir-
cumstances, and such criteria are
clearly stated in the relevant statute,
regulation, or other official document
so as to be capable of verification.
‘‘(III) The criteria described in
subclause (II) include a measurement
of economic development.
‘‘(IV) Programs provided within
a general framework of regional devel-
opment include ceilings on the amount
of assistance that can be granted to a
subsidized project. Such ceilings are
differentiated according to the dif-
ferent levels of development of as-
sisted regions, and are expressed in
terms of investment costs or costs of
job creation. Within such ceilings, the
distribution of assistance is suffi-
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ciently broad and even to avoid the
predominant use of a subsidy by, or
the provision of disproportionately
large amounts of a subsidy to, an en-
terprise or industry as described in
paragraph (5A)(D).
‘‘(ii) MEASUREMENT
OF
ECONOMIC
DEVELOPMENT.—For purposes of clause
(i), the measurement of economic develop-
ment shall be based on one or more of the
following factors:
‘‘(I) Per capita income, house-
hold per capita income, or per capita
gross domestic product that does not
exceed 85 percent of the average for
the country subject to investigation or
review.
‘‘(II) An unemployment rate that
is at least 110 percent of the average
unemployment rate for the country
subject to investigation or review.
The measurement of economic development
shall cover a 3-year period, but may be a
composite measurement and may include
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factors other than those set forth in this
clause.
‘‘(iii) DEFINITIONS.—For purposes of
this subparagraph—
‘‘(I) GENERAL
FRAMEWORK
OF
REGIONAL DEVELOPMENT.—The term
‘general framework of regional devel-
opment’ means that the regional sub-
sidy programs are part of an inter-
nally consistent and generally applica-
ble regional development policy, and
that regional development subsidies
are not granted in isolated geographi-
cal points having no, or virtually no,
influence on the development of a re-
gion.
‘‘(II) NEUTRAL AND OBJECTIVE
CRITERIA.—The term ‘neutral and ob-
jective criteria’ means criteria that do
not favor certain regions beyond what
is appropriate for the elimination or
reduction of regional disparities within
the framework of the regional develop-
ment policy.
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‘‘(D) SUBSIDY FOR ADAPTATION OF EXIST-
ING FACILITIES TO NEW ENVIRONMENTAL RE-
QUIREMENTS.—
‘‘(i) IN GENERAL.—A subsidy that is
provided to promote the adaptation of ex-
isting facilities to new environmental re-
quirements that are imposed by statute or
by regulation, and that result in greater
constraints and financial burdens on the
recipient of the subsidy, shall be treated as
noncountervailable, if the subsidy—
‘‘(I) is a one-time nonrecurring
measure,
‘‘(II) is limited to 20 percent of
the cost of adaptation,
‘‘(III) does not cover the cost of
replacing and operating the subsidized
investment, a cost that must be fully
borne by the recipient,
‘‘(IV) is directly linked and pro-
portionate to the recipient’s planned
reduction of nuisances and pollution,
and does not cover any manufacturing
cost savings that may be achieved,
and
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‘‘(V) is available to all persons
that can adopt the new equipment or
production processes.
‘‘(ii) EXISTING FACILITIES.—For pur-
poses of this subparagraph, the term ‘ex-
isting facilities’ means facilities that have
been in operation for at least 2 years be-
fore the date on which the new environ-
mental requirements are imposed.
‘‘(E) NOTIFIED SUBSIDY PROGRAM.—
‘‘(i) GENERAL RULE.—If a subsidy is
provided pursuant to a program that has
been notified in accordance with Article
8.3 of the Subsidies Agreement, the sub-
sidy shall be treated as noncountervailable
and shall not be subject to investigation or
review under this title.
‘‘(ii) 
EXCEPTION.—Notwithstanding
clause (i), a subsidy shall be treated as
countervailable if—
‘‘(I) the Trade Representative
notifies the administering authority
that a determination has been made
pursuant to Article 8.4 or 8.5 of the
Subsidies Agreement that the subsidy,
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or the program pursuant to which the
subsidy was provided, does not satisfy
the conditions and criteria of Article
8.2 of the Subsidies Agreement; and
‘‘(II) the subsidy is specific with-
in the meaning of paragraph (5A).
‘‘(F) CERTAIN
SUBSIDIES
ON
AGRICUL-
TURAL
PRODUCTS.—Domestic support meas-
ures that are provided with respect to products
listed in Annex 1 to the Agreement on Agri-
culture, and that the administering authority
determines conform fully to the provisions of
Annex 2 to that Agreement, shall be treated as
noncountervailable. Upon request by the admin-
istering authority, the Trade Representative
shall provide advice regarding the interpretation
and application of Annex 2.
‘‘(G) PROVISIONAL APPLICATION.—
‘‘(i) Subparagraphs (B), (C), (D), and
(E) shall not apply on or after the first
day of the month that is 66 months after
the WTO Agreement enters into force, un-
less the provisions of such subparagraphs
are extended pursuant to section 282(c) of
the Uruguay Round Agreements Act.
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‘‘(ii) Subparagraph (F) shall not
apply to imports from a WTO member
country at the end of the 9-year period be-
ginning on January 1, 1995. The Trade
Representative shall determine the precise
termination date for each WTO member
country in accordance with paragraph (i)
of Article 1 of the Agreement on Agri-
culture and such date shall be notified to
the administering authority.’’.
(b) NET
COUNTERVAILABLE
SUBSIDY.—Section
771(6) (19 U.S.C. 1677(6)) is amended by inserting
‘‘countervailable’’ before ‘‘subsidy’’ each place it appears
in the text and in the heading.
PART 2—REPEAL OF SECTION 303 AND
CONFORMING AMENDMENTS
SEC. 261. REPEAL OF SECTION 303.
(a) IN GENERAL.—Section 303 of the Tariff Act of
1930 (19 U.S.C. 1303) is repealed effective on the effec-
tive date of this title.
(b) SAVINGS PROVISIONS.—
(1) CONTINUING
EFFECT
OF
LEGAL
DOCU-
MENTS.—All orders, determinations, and other ad-
ministrative actions—
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(A) which have been issued pursuant to an
investigation conducted under section 303 of
the Tariff Act of 1930, and
(B) which are in effect on the effective
date of this title, or were final before such date
and are to become effective on or after such
date,
shall continue in effect according to their terms until
modified, terminated, superseded, set aside, or re-
voked in accordance with law by the administering
authority, the International Trade Commission, or a
court of competent jurisdiction, or by operation of
law. Except as provided in paragraph (3), such or-
ders or determinations shall be subject to review
under section 751 of the Tariff Act of 1930 and, to
the extent applicable, investigation under section
753 of such Act (as added by this title).
(2) PROCEEDINGS NOT AFFECTED.—The provi-
sions of subsection (a) shall not affect any proceed-
ings, including notices of proposed rulemaking,
pending before the administering authority or the
International Trade Commission on the effective
date of this title with respect to such section 303.
Orders shall be issued in such proceedings, appeals
shall be taken therefrom, and payments shall be
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made pursuant to such orders, in accordance with
such section 303 as in effect on the day before the
effective date of this title and, except as provided in
paragraph (3), shall be subject to review under sec-
tion 751 of the Tariff Act of 1930 and, to the extent
applicable, investigation under section 753 of such
Act. Orders issued in any such proceedings shall
continue in effect until modified, terminated, super-
seded, set aside, or revoked in accordance with law
by the administering authority, a court of competent
jurisdiction, or by operation of law. Nothing in this
section shall be deemed to prohibit the discontinu-
ance or modification of any such proceeding under
the same terms and conditions and to the same ex-
tent that such proceeding could have been discon-
tinued or modified if this section had not been en-
acted.
(3) SUITS NOT AFFECTED.—The provisions of
subsection (a) shall not affect the review pursuant to
section 516A of the Tariff Act of 1930 of a counter-
vailing duty order issued pursuant to an investiga-
tion conducted under section 303 of such Act or a
review of a countervailing duty order issued under
section 751 of such Act, if such review is pending
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or the time for filing such review has not expired on
the effective date of this title.
(c) DEFINITION OF ADMINISTERING AUTHORITY.—
For purposes of this section, the term ‘‘administering au-
thority’’ has the meaning given such term by section
771(1) of the Tariff Act of 1930.
(d) CONFORMING AMENDMENTS.—
(1) IN GENERAL.—
(A) AMENDMENTS
TO
TRADE
ACT
OF
1974.—
(i) Section 331(d)(3) of the Trade Act
of 1974 (19 U.S.C. 1303 note) is repealed.
(ii) Section 152(a)(2) of the Trade
Act of 1974 (19 U.S.C. 2192(a)(2)) is
amended by striking ‘‘(A) in the case of’’
and all that follows through ‘‘(B)’’.
(iii) Section 154(a) of the Trade Act
of 1974 (19 U.S.C. 2194(a)) is amended
by striking ‘‘or section 303(e) of the Tariff
Act of 1930,’’.
(B) AMENDMENTS
TO
TARIFF
ACT
OF
1930.—The following sections of the Tariff Act
of 1930 are amended:
(i) 
Section 
315(d) 
(19 
U.S.C.
1315(d)) is amended by inserting ‘‘(as in
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effect on the day before the effective date
of title II of the Uruguay Round Agree-
ments Act) or section 701’’ after ‘‘section
303’’.
(ii) Section 337(b)(3) (19 U.S.C.
1337(b)(3)) is amended—
(I) by striking ‘‘of section 303 or
subtitle B of title VII of the Tariff
Act of 1930’’ and inserting ‘‘of sub-
title B of title VII of this Act’’,
(II) by striking ‘‘section 303,
671, or 673’’ and inserting ‘‘section
701 or 731’’,
(III) by striking ‘‘section 303,
701,’’ and inserting ‘‘section 701’’,
(IV) by striking ‘‘of the Secretary
under section 303 of this Act or’’, and
(V) by striking ‘‘matter within
such section 303, 701, or’’ and insert-
ing ‘‘matter within such section 701
or’’.
(iii) Section 701 (19 U.S.C. 1671) is
amended by striking subsection (f).
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(iv) Section 780(c)(1) (19 U.S.C.
1677i(c)(1)) is amended by striking ‘‘,
732(a), or 303’’ and inserting ‘‘or 732(a)’’.
(C) OTHER REFERENCES.—Any reference
to section 303 in any other Federal law, Execu-
tive order, rule, or regulation shall be treated as
a reference to section 303 of the Tariff Act of
1930 as in effect on the day before the effective
date of title II of this Act.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on the effective
date of this title.
SEC. 262. IMPOSITION OF COUNTERVAILING DUTIES.
Section 701 (a), (b), and (c) (19 U.S.C. 1671 (a),
(b), and (c)) are amended to read as follows:
‘‘(a) GENERAL RULE.—If—
‘‘(1) the administering authority determines
that the government of a country or any public en-
tity within the territory of a country is providing, di-
rectly or indirectly, a countervailable subsidy with
respect to the manufacture, production, or export of
a class or kind of merchandise imported, or sold (or
likely to be sold) for importation, into the United
States, and
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‘‘(2) in the case of merchandise imported from
a Subsidies Agreement country, the Commission de-
termines that—
‘‘(A) an industry in the United States—
‘‘(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 that merchandise or by rea-
son of sales (or the likelihood of sales) of that mer-
chandise for importation,
then there shall be imposed upon such merchandise a
countervailing duty, in addition to any other duty imposed,
equal to the amount of the net countervailable subsidy.
For purposes of this subsection and section 705(b)(1), a
reference to the sale of merchandise includes the entering
into of any leasing arrangement regarding the merchan-
dise that is equivalent to the sale of the merchandise.
‘‘(b) SUBSIDIES AGREEMENT COUNTRY.—For pur-
poses of this title, the term ‘Subsidies Agreement country’
means—
‘‘(1) a WTO member country,
‘‘(2) a country which the President has deter-
mined has assumed obligations with respect to the
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United States which are substantially equivalent to
the obligations under the Subsidies Agreement, or
‘‘(3) a country with respect to which the Presi-
dent determines that—
‘‘(A) there is an agreement in effect be-
tween the United States and that country
which—
‘‘(i) was in force on the date of the
enactment of the Uruguay Round Agree-
ments Act, and
‘‘(ii) requires unconditional most-fa-
vored-nation treatment with respect to ar-
ticles imported into the United States, and
‘‘(B) the agreement described in subpara-
graph (A) does not expressly permit—
‘‘(i) actions required or permitted by
the GATT 1947 or GATT 1994, as de-
fined in section 2(1) of the Uruguay
Round Agreements Act, or required by the
Congress, or
‘‘(ii) nondiscriminatory prohibitions or
restrictions on importation which are de-
signed to prevent deceptive or unfair prac-
tices.
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‘‘(c) COUNTERVAILING DUTY INVESTIGATIONS IN-
VOLVING IMPORTS NOT ENTITLED TO A MATERIAL IN-
JURY DETERMINATION.—In the case of any article or
merchandise imported from a country which is not a Sub-
sidies Agreement country—
‘‘(1) no determination by the Commission under
section 703(a), 704, or 705(b) shall be required,
‘‘(2) an investigation may not be suspended
under section 704(c) or 704(l),
‘‘(3) no determination as to the presence of
critical circumstances shall be made under section
703(e) or 705(a)(2),
‘‘(4) section 706(c) shall not apply,
‘‘(5) any reference to a determination described
in paragraph (1) or (3), or to the suspension of an
investigation under section 704(c) or 704(l), shall be
disregarded, and
‘‘(6) section 751(c) shall not apply.’’.
SEC. 263. DE MINIMIS COUNTERVAILABLE SUBSIDY.
(a) 
PRELIMINARY
DETERMINATIONS.—Section
703(b) (19 U.S.C. 1671b(b)) is amended by adding at the
end the following new paragraph:
‘‘(4) DE
MINIMIS
COUNTERVAILABLE
SUB-
SIDY.—
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‘‘(A) GENERAL RULE.—In making a deter-
mination under this subsection, the administer-
ing authority shall disregard any de minimis
countervailable subsidy. For purposes of the
preceding sentence, a countervailable subsidy is
de minimis if the administering authority deter-
mines 
that 
the 
aggregate 
of 
the 
net
countervailable subsidies is less than 1 percent
ad valorem or the equivalent specific rate for
the subject merchandise.
‘‘(B) EXCEPTION FOR DEVELOPING COUN-
TRIES.—In the case of subject merchandise im-
ported from a Subsidies Agreement country
(other than a country to which subparagraph
(C) applies) designated by the Trade Represent-
ative as a developing country in accordance
with section 771(36), a countervailable subsidy
is de minimis if the administering authority de-
termines that the aggregate of the net
countervailable subsidies does not exceed 2 per-
cent ad valorem or the equivalent specific rate
for the subject merchandise.
‘‘(C) CERTAIN OTHER DEVELOPING COUN-
TRIES.—In the case of subject merchandise im-
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ported from a Subsidies Agreement country
that is—
‘‘(i) a least developed country, as de-
termined by the Trade Representative in
accordance with section 771(36), or
‘‘(ii) a developing country with respect
to which the Trade Representative has no-
tified the administering authority that the
country has eliminated its export subsidies
on an expedited basis within the meaning
of Article 27.11 of the Subsidies Agree-
ment,
subparagraph (B) shall be applied by substitut-
ing ‘3 percent’ for ‘2 percent’.
‘‘(D) LIMITATIONS
ON
APPLICATION
OF
SUBPARAGRAPH (C).—
‘‘(i) IN GENERAL.—In the case of a
country described in subparagraph (C)(i),
the provisions of subparagraph (C) shall
not apply after the date that is 8 years
after the date the WTO Agreement enters
into force.
‘‘(ii) SPECIAL
RULE
FOR
SUBPARA-
GRAPH (C)(ii) COUNTRIES.—In the case of
a country described in subparagraph
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(C)(ii), the provisions of subparagraph (C)
shall not apply after the earlier of—
‘‘(I) the date that is 8 years after
the date the WTO Agreement enters
into force, or
‘‘(II) the date on which the
Trade Representative notifies the ad-
ministering authority that such coun-
try is providing an export subsidy.’’.
(b) FINAL DETERMINATIONS.—Section 705(a) (19
U.S.C. 1671d(a)) is amended by adding at the end the
following new paragraph:
‘‘(3) DE
MINIMIS
COUNTERVAILABLE
SUB-
SIDY.—In making a determination under this sub-
section, the administering authority shall disregard
any countervailable subsidy that is de minimis as de-
fined in section 703(b)(4).’’.
SEC. 264. DETERMINATION OF COUNTERVAILABLE SUB-
SIDY RATE.
(a) PRELIMINARY DETERMINATION.—Section 703(d)
(19 U.S.C. 1673b(d)) is amended—
(1) by striking paragraph (2);
(2) by redesignating paragraph (1), as amended
by section 215(a)(1), as paragraph (2);
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(3) by inserting ‘‘and’’ at the end of paragraph
(2), as so redesignated; and
(4) by inserting before such paragraph (2) the
following new paragraph:
‘‘(1)(A) shall—
‘‘(i) determine an estimated individual
countervailable subsidy rate for each exporter
and producer individually investigated, and, in
accordance with section 705(c)(5), an estimated
all-others rate for all exporters and producers
not individually investigated and for new ex-
porters and producers within the meaning of
section 751(a)(2)(B), or
‘‘(ii) if section 777A(e)(2)(B) applies, de-
termine a single estimated country-wide subsidy
rate, applicable to all exporters and producers,
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
individual countervailable subsidy rate, the estimated
all-others rate, or the estimated country-wide sub-
sidy rate, whichever is applicable,’’.
(b) FINAL DETERMINATION.—
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(1) 
IN
GENERAL.—Section 
705(c)(1) 
(19
U.S.C. 1671d(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-
curity’’ and inserting ‘‘the suspension of
liquidation under paragraph (2) of section
703(d)’’;
(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 an estimated individual
countervailable subsidy rate for each ex-
porter and producer individually inves-
tigated, and, in accordance with paragraph
(5), an estimated all-others rate for all ex-
porters and producers not individually in-
vestigated and for new exporters and pro-
ducers within the meaning of section
751(a)(2)(B), or
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‘‘(II) if 777A(e)(2)(B) applies, deter-
mine a single estimated country-wide sub-
sidy rate, applicable to all exporters and
producers,
‘‘(ii) shall order the posting of a cash de-
posit, bond, or other security, as the admin-
istering authority deems appropriate, for each
entry of the subject merchandise in an amount
based 
on 
the 
estimated 
individual
countervailable subsidy rate, the estimated all-
others rate, or the estimated country-wide sub-
sidy rate, whichever is applicable, and’’.
(2) 
METHOD
FOR
DETERMINING
COUNTERVAILABLE SUBSIDY RATE.—Section 705(c)
(19 U.S.C. 1671d(c)) is amended by adding at the
end the following new paragraph:
‘‘(5) METHOD
FOR
DETERMINING
THE
ALL-
OTHERS
RATE
AND
THE
COUNTRY-WIDE
SUBSIDY
RATE.—
‘‘(A) ALL-OTHERS RATE.—
‘‘(i) GENERAL
RULE.—For purposes
of this subsection and section 703(d), the
all-others rate shall be an amount equal to
the weighted average countervailable sub-
sidy rates established for exporters and
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producers individually investigated, exclud-
ing 
any 
zero 
and 
de 
minimis
countervailable subsidy rates, and any
rates determined entirely under section
776.
‘‘(ii) 
EXCEPTION.—If 
the
countervailable subsidy rates established
for all exporters and producers individually
investigated are zero or de minimis rates,
or are determined entirely under section
776, the administering authority may use
any reasonable method to establish an all-
others rate for exporters and producers not
individually investigated, including averag-
ing the weighted average countervailable
subsidy rates determined for the exporters
and producers individually investigated.
‘‘(B) COUNTRY-WIDE SUBSIDY RATE.—The
administering authority may calculate a single
country-wide subsidy rate, applicable to all ex-
porters and producers, if the administering au-
thority limits its examination pursuant to sec-
tion 777A(e)(2)(B). The estimated country-wide
rate determined under section 703(d)(1)(A)(ii)
or paragraph (1)(B)(i)(II) of this subsection
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shall be based on industry-wide data regarding
the 
use 
of 
subsidies 
determined 
to 
be
countervailable.’’.
(c) TECHNICAL AND CONFORMING AMENDMENTS.—
(1) Section 703(b)(2) is amended—
(A) by striking ‘‘subsection (b)(1)’’ and in-
serting ‘‘paragraph (1)’’,
(B) by striking ‘‘subsection 702(b)(3)’’ and
inserting ‘‘section 702(b)(3)’’,
(C) by striking ‘‘subsection 703(b)(1)’’ and
inserting ‘‘paragraph (1)’’, and
(D) by striking ‘‘section 703(c)’’ and in-
serting ‘‘subsection (c) of this section’’.
(2) Section 703(e)(2) is amended by striking
‘‘subsection 
(d)(1)’’ 
and 
inserting 
‘‘subsection
(d)(2)’’.
(3) Section 704(f)(2)(A) is amended—
(A) in clause (i), by striking ‘‘section
703(d)(1)’’ and inserting ‘‘section 703(d)(2)’’;
and
(B) in clause (iii), by striking ‘‘section
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
(4) Section 704(f)(2)(B) is amended—
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(A) by striking ‘‘section 703(d)(1)’’ and in-
serting ‘‘section 703(d)(2)’’; and
(B) by striking ‘‘section 703(d)(2)’’ and
inserting ‘‘section 703(d)(1)(B)’’.
(5) Section 704(h)(3) is amended—
(A) in subparagraph (A), by striking ‘‘sec-
tion 
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(2)’’; and
(B) in subparagraph (B), by striking ‘‘sec-
tion 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
(6) Section 704(i)(1)(A) is amended by striking
‘‘section 
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(2)’’.
(7) Section 705(c)(2) is amended—
(A) in subparagraph (A), by striking ‘‘sec-
tion 
703(d)(1)’’ 
and 
inserting 
‘‘section
703(d)(2)’’; and
(B) in subparagraph (B), by striking ‘‘sec-
tion 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
(8) Section 705(c)(3)(B) is amended by striking
‘‘section 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
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(9) Section 706(b)(1) is amended by striking
‘‘section 703(d)(1)’’ each place it appears and in-
serting ‘‘section 703(d)(2)’’.
(10) Section 707(a) is amended—
(A) by striking ‘‘section 703(d)(2)’’ and in-
serting ‘‘section 703(d)(1)(B)’’, and
(B) by striking ‘‘Section 703(d)(2)’’ in the
heading and inserting ‘‘Section 703(d)(1)(B)’’.
(11) Section 708 is amended by striking ‘‘sec-
tion 
703(d)(2)’’ 
and 
inserting 
‘‘section
703(d)(1)(B)’’.
SEC. 265. ASSESSMENT OF COUNTERVAILING DUTY.
Section 706(a) (19 U.S.C. 1671e(a)) is amended—
(1) by striking paragraph (2); and
(2) by redesignating paragraphs (3) and (4) as
paragraphs (2) and (3), respectively.
SEC. 266. NATURE OF COUNTERVAILABLE SUBSIDY.
Section 771(7)(E)(i) (19 U.S.C. 1677(7)(E)(i)) is
amended to read as follows:
‘‘(i) NATURE
OF
COUNTERVAILABLE
SUBSIDY.—In determining whether there is
a threat of material injury, the Commis-
sion shall consider information provided to
it by the administering authority regarding
the nature of the countervailable subsidy
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granted by a foreign country (particularly
whether the countervailable subsidy is a
subsidy described in Article 3 or 6.1 of the
Subsidies Agreement) and the effects likely
to be caused by the countervailable sub-
sidy.’’.
SEC. 267. DEFINITION OF DEVELOPING AND LEAST-DEVEL-
OPED COUNTRY.
Section 771 (19 U.S.C. 1677), as amended, is
amended by adding at the end the following new para-
graph:
‘‘(36) DEVELOPING
AND
LEAST
DEVELOPED
COUNTRY.—
‘‘(A) DEVELOPING
COUNTRY.—The term
‘developing country’ means a country des-
ignated as a developing country by the Trade
Representative.
‘‘(B) LEAST DEVELOPED COUNTRY.—The
term ‘least developed country’ means a country
which the Trade Representative determines is—
‘‘(i) a country referred to as a least
developed country within the meaning of
paragraph (a) of Annex VII to the Sub-
sidies Agreement, or
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‘‘(ii) any other country listed in Annex
VII to the Subsidies Agreement, but only
if the country has a per capita gross na-
tional product of less than $1,000 per
annum as measured by the most recent
data available from the World Bank.
‘‘(C) PUBLICATION OF LIST.—The Trade
Representative shall publish in the Federal Reg-
ister, and update as necessary, a list of—
‘‘(i) developing countries that have
eliminated their export subsidies on an ex-
pedited basis within the meaning of Article
27.11 of the Subsidies Agreement, and
‘‘(ii) countries determined by the
Trade Representative to be least developed
or developing countries.
‘‘(D) FACTORS TO CONSIDER.—In deter-
mining whether a country is a developing coun-
try under subparagraph (A), the Trade Rep-
resentative shall consider such economic, trade,
and other factors which the Trade Representa-
tive considers appropriate, including the level of
economic development of such country (the as-
sessment of which shall include a review of the
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country’s per capita gross national product)
and the country’s share of world trade.
‘‘(E) LIMITATION
ON
DESIGNATION.—A
determination that a country is a developing or
least developed country pursuant to this para-
graph shall be for purposes of this title only
and shall not affect the determination of a
country’s status as a developing or least devel-
oped country with respect to any other law.’’.
SEC. 268. UPSTREAM SUBSIDIES.
Section 771A(a) (19 U.S.C. 1677–1(a)) is amend-
ed—
(1) by striking the matter preceding paragraph
(1) and paragraph (1) and inserting the following:
‘‘(a) DEFINITION.—The term ‘upstream subsidy’
means any countervailable subsidy, other than an export
subsidy, that—
‘‘(1) is paid or bestowed by an authority (as de-
fined in section 771(5)) with respect to a product
(hereafter in this section referred to as an ‘input
product’) that is used in the same country as the au-
thority in the manufacture or production of mer-
chandise which is the subject of a countervailing
duty proceeding;’’, and
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(2) in the flush sentence at the end thereof, by
inserting ‘‘countervailable’’ before ‘‘subsidy’’.
SEC. 269. SAMPLING AND AVERAGING; DETERMINATION
OF COUNTERVAILABLE SUBSIDY RATE.
(a) IN GENERAL.—Section 777A (19 U.S.C. 1677f–
1), as amended by section 229, is amended by adding at
the end the following new subsection:
‘‘(e) DETERMINATION OF COUNTERVAILABLE SUB-
SIDY RATE.—
‘‘(1) 
GENERAL
RULE.—In 
determining
countervailable subsidy rates under section 703(d),
705(c), or 751(a), the administering authority shall
determine an individual countervailable subsidy rate
for each known exporter or producer of the subject
merchandise.
‘‘(2) EXCEPTION.—If the administering author-
ity determines that it is not practicable to determine
individual countervailable subsidy rates under para-
graph (1) because of the large number of exporters
or producers involved in the investigation or review,
the administering authority may—
‘‘(A) determine individual countervailable
subsidy rates for a reasonable number of ex-
porters or producers by limiting its examination
to—
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‘‘(i) a sample of exporters or produc-
ers that the administering authority deter-
mines is statistically valid based on the in-
formation available to the administering
authority at the time of selection, or
‘‘(ii) exporters and producers account-
ing for the largest volume of the subject
merchandise from the exporting country
that the administering authority deter-
mines can be reasonably examined; or
‘‘(B) determine a single country-wide sub-
sidy rate to be applied to all exporters and pro-
ducers.
The individual countervailable subsidy rates deter-
mined under subparagraph (A) shall be used to de-
termine the all-others rate under section 705(c)(5).’’.
(b) CONFORMING AMENDMENTS.—
(1) The heading for section 777A, as amended
by section 229, is amended by inserting ‘‘AND
COUNTERVAILABLE 
SUBSIDY 
RATE’’
after ‘‘MARGIN’’.
(2) The table of contents for title VII is amend-
ed by inserting ‘‘; determination of weighted average
dumping margin and countervailable subsidy rate’’
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after ‘‘averaging’’ in the item relating to section
777A.
SEC. 270. CONFORMING AMENDMENTS.
(a) COUNTERVAILABLE SUBSIDY.—
(1) Except as provided in paragraph (2), each
of the following sections is amended by striking
‘‘subsidy’’ each place it appears in the text and in
the heading and inserting ‘‘countervailable subsidy’’:
(A) Section 702(e) (19 U.S.C. 1671a(e)).
(B) 
Section 
703(b)(1) 
(19 
U.S.C.
1671b(b)(1)).
(C) 
Section 
703(b)(2) 
(19 
U.S.C.
1671b(b)(2)).
(D) Section 703(c)(1)(B)(i)(I) (19 U.S.C.
1671b(c)(1)(B)(i)(I)).
(E) Section 704 (19 U.S.C. 1671c).
(F) 
Section 
705(a)(1) 
(19 
U.S.C.
1671d(a)(1)).
(G) 
Section 
705(a)(2) 
(19 
U.S.C.
1671d(a)(2)).
(H) 
Section 
706(a)(1) 
(19 
U.S.C.
1671e(a)(1)).
(I) Section 761 (19 U.S.C. 1676).
(J) Section 762 (19 U.S.C. 1676a).
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(K) Section 771A(b) (19 U.S.C. 1677–
1(b)).
(L) Section 771A(c) (19 U.S.C. 1677–
1(c)).
(M) Section 780(d)(1)(A)(ii) (19 U.S.C.
1677i(d)(1)(A)(ii)).
(N) Section 516A(a)(2)(B)(iv) (19 U.S.C.
1516a(a)(2)(B)(iv)).
(2)(A) The heading for section 704(b) (19
U.S.C. 1671c(b)) is amended by striking ‘‘Subsidy’’
and inserting ‘‘Countervailable Subsidy’’.
(B) The heading for section 771A(c) (19 U.S.C.
1677–1(c)) is amended by striking ‘‘Subsidy’’ and
inserting ‘‘Countervailable Subsidy’’.
(b) COUNTERVAILABLE SUBSIDIES.—
(1) Except as provided in paragraph (2), each
of the following sections is amended by striking
‘‘subsidies’’ each place it appears in the text and in
the heading and inserting ‘‘countervailable sub-
sidies’’:
(A) Section 701(d) (19 U.S.C. 1671(d)).
(B) 
Section 
703(c)(1)(B)(i)(III) 
(19
U.S.C. 1671b(c)(1)(B)(i)(III)).
(C) Section 761 (19 U.S.C. 1676).
(D) Section 771B (19 U.S.C. 1677–2).
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(2) The heading for section 761(a) and section
771B (19 U.S.C. 1676(a) and 1677–2) are each
amended by striking ‘‘Subsidies’’ and inserting
‘‘Countervailable Subsidies’’.
(c) OTHER CONFORMING AMENDMENTS.—
(1) The heading for section 704(b) (19 U.S.C.
1671c(b)) is amended by striking ‘‘Subsidized Mer-
chandise’’ and inserting ‘‘Subject Merchandise’’.
(2) Subparagraphs (C) and (D) of section
771(4) (19 U.S.C. 1677(4) (C) and (D)) are amend-
ed by striking ‘‘subsidized or’’ each place it appears
and inserting ‘‘or imports of merchandise benefiting
from a countervailable subsidy’’ after ‘‘imports’’.
(3) Section 771A (19 U.S.C. 1677–1), as
amended, is amended in subsection (c), by striking
‘‘subsidization’’ and inserting ‘‘the countervailable
subsidy’’.
(4) The table of contents for title VII is amend-
ed—
(A) in the item relating to section 771B,
by inserting ‘‘countervailable’’ before ‘‘sub-
sidies’’, and
(B) in the item relating to section 775, by
striking 
‘‘Subsidy’’ 
and 
inserting
‘‘Countervailable subsidy’’.
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(d) SUBSIDIES AGREEMENT.—Section 702(e) (19
U.S.C. 1671a(e)) is amended by striking ‘‘Agreement’’
and inserting ‘‘Subsidies Agreement’’.
(e) SUBSIDIES AGREEMENT AND AGREEMENT ON
AGRICULTURE.—Section 771(8) (19 U.S.C. 1677(8)) is
amended to read as follows:
‘‘(8) SUBSIDIES AGREEMENT; AGREEMENT ON
AGRICULTURE.—
‘‘(A) SUBSIDIES AGREEMENT.—The term
‘Subsidies Agreement’ means the Agreement on
Subsidies and Countervailing Measures referred
to in section 101(d)(12) of the Uruguay Round
Agreements Act.
‘‘(B) AGREEMENT ON AGRICULTURE.—The
term ‘Agreement on Agriculture’ means the
Agreement on Agriculture referred to in section
101(d)(2) of the Uruguay Round Agreements
Act.’’.
PART 3—SECTION 303 INJURY INVESTIGATIONS
SEC. 271. SPECIAL RULES FOR INJURY INVESTIGATIONS
FOR CERTAIN SECTION 303 COUNTERVAILING
DUTY ORDERS AND INVESTIGATIONS.
(a) IN GENERAL.—Chapter 1 of subtitle C of title
VII, as amended, is amended by inserting after section
752 the following new section:
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‘‘SEC. 753. SPECIAL RULES FOR INJURY INVESTIGATIONS
FOR CERTAIN SECTION 303 COUNTERVAILING
DUTY ORDERS AND INVESTIGATIONS.
‘‘(a) IN GENERAL.—
‘‘(1) INVESTIGATION
BY
THE
COMMISSION
UPON
REQUEST.—In the case of a countervailing
duty order described in paragraph (2), which—
‘‘(A) applies to merchandise that is the
product of a Subsidies Agreement country, and
‘‘(B)(i) is in effect on the date on which
such country becomes a Subsidies Agreement
country, or
‘‘(ii) is issued on a date that is after the
date described in clause (i) pursuant to a court
order in an action brought under section 516A,
the Commission, upon receipt of a request from an
interested party described in section 771(9) (C),
(D), (E), (F), or (G) for an injury investigation with
respect to such order, shall initiate an investigation
and shall determine whether an industry in the
United States is likely to be materially injured by
reason of imports of the subject merchandise if the
order is revoked.
‘‘(2) DESCRIPTION OF COUNTERVAILING DUTY
ORDERS.—A countervailing duty order described in
this paragraph is an order issued under section 303
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with respect to which the requirement of an affirma-
tive determination of material injury under section
303(a)(2) was not applicable at the time such order
was issued.
‘‘(3) REQUIREMENTS OF REQUEST FOR INVES-
TIGATION.—A request for an investigation under
this subsection shall be submitted—
‘‘(A) in the case of an order described in
paragraph (1)(B)(i), within 6 months after the
date on which the country described in para-
graph (1)(A) becomes a Subsidies Agreement
country, or
‘‘(B) in the case of an order described in
paragraph (1)(B)(ii), within 6 months after the
date the order is issued.
‘‘(4) SUSPENSION OF LIQUIDATION.—With re-
spect to entries of subject merchandise made on or
after—
‘‘(A) in the case of an order described in
paragraph (1)(B)(i), the date on which the
country described in paragraph (1)(A) becomes
a Subsidies Agreement country, or
‘‘(B) in the case of an order described in
paragraph (1)(B)(ii), the date on which the
order is issued,
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liquidation shall be suspended at the cash deposit
rate in effect on the date described in subparagraph
(A) or (B) (whichever is applicable).
‘‘(b) INVESTIGATION PROCEDURE AND SCHEDULE.—
‘‘(1) COMMISSION PROCEDURE.—
‘‘(A) IN GENERAL.—Except as otherwise
provided in this section, the provisions of this
title regarding evidence in and procedures for
investigations conducted under subtitle A shall
apply to investigations conducted by the Com-
mission under this section.
‘‘(B) TIME FOR COMMISSION DETERMINA-
TION.—Except as otherwise provided in sub-
paragraph (C), the Commission shall issue its
determination under subsection (a)(1), to the
extent possible, not later than 1 year after the
date on which the investigation is initiated
under this section.
‘‘(C) SPECIAL RULE TO PERMIT ADMINIS-
TRATIVE FLEXIBILITY.—In the case of requests
for investigations received under this section
within 1 year after the date on which the WTO
Agreement enters into force with respect to the
United States, the Commission may, after con-
sulting with the administering authority, initi-
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ate its investigations in a manner that results
in determinations being made in all such inves-
tigations during the 4-year period beginning on
such date.
‘‘(2) NET COUNTERVAILABLE SUBSIDY; NATURE
OF SUBSIDY.—
‘‘(A) NET COUNTERVAILABLE SUBSIDY.—
The administering authority shall provide to the
Commission the net countervailable subsidy
that is likely to prevail if the order which is the
subject of the investigation is revoked. The ad-
ministering authority normally shall choose a
net countervailable subsidy that was determined
under section 705 or subsection (a) or (b)(1) of
section 751. If the Commission considers the
magnitude of the net countervailable subsidy in
making its determination under this section, the
Commission shall use the net countervailable
subsidy provided by the administering author-
ity.
‘‘(B) NATURE OF SUBSIDY.—The admin-
istering authority shall inform the Commission
of, and the Commission, in making its deter-
mination under this section, shall consider, the
nature of the countervailable subsidy and
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whether the countervailable subsidy is a subsidy
described in Article 3 or Article 6.1 of the Sub-
sidies Agreement.
‘‘(3) EFFECT
OF
COMMISSION
DETERMINA-
TION.—
‘‘(A) 
AFFIRMATIVE
DETERMINATION.—
Upon being notified by the Commission that it
has made an affirmative determination under
subsection (a)(1)—
‘‘(i) the administering authority shall
order the termination of the suspension of
liquidation required pursuant to subsection
(a)(4), and
‘‘(ii) the countervailing duty order
shall remain in effect until revoked, in
whole or in part, under section 751(d).
For purposes of section 751(c), a countervailing
duty order described in this section shall be
treated as issued on the date of publication of
the Commission’s determination under this sub-
section.
‘‘(B) NEGATIVE DETERMINATION.—
‘‘(i) IN GENERAL.—Upon being noti-
fied by the Commission that it has made a
negative determination under subsection
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(a)(1), the administering authority shall
revoke the countervailing duty order, and
shall refund, with interest, any estimated
countervailing duties collected during the
period liquidation was suspended pursuant
to subsection (a)(4).
‘‘(ii) LIMITATION
ON
NEGATIVE
DE-
TERMINATION.—A determination by the
Commission that revocation of the order is
not likely to result in material injury to an
industry by reason of imports of the sub-
ject merchandise shall not be based, in
whole or in part, on any export taxes, du-
ties, or other charges levied on the export
of the subject merchandise to the United
States that were specifically intended to
offset the countervailable subsidy received.
‘‘(4) COUNTERVAILING DUTY ORDERS WITH RE-
SPECT TO WHICH NO REQUEST FOR INJURY INVES-
TIGATION IS MADE.—If, with respect to a counter-
vailing duty order described in subsection (a), a re-
quest for an investigation is not made within the
time required by subsection (a)(3), the Commission
shall notify the administering authority that a nega-
tive determination has been made under subsection
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(a) and the provisions of paragraph (3)(B) shall
apply with respect to the order.
‘‘(c) PENDING AND SUSPENDED COUNTERVAILING
DUTY INVESTIGATIONS.—If, on the date on which a coun-
try becomes a Subsidies Agreement country, there is a
countervailing duty investigation in progress or suspended
under section 303 that applies to merchandise which is
a product of that country and with respect to which the
requirement of an affirmative determination of material
injury under section 303(a)(2) was not applicable at the
time the investigation was initiated, the Commission
shall—
‘‘(1) in the case of an investigation in progress,
make a final determination under section 705(b)
within 75 days after the date of an affirmative final
determination, if any, by the administering author-
ity,
‘‘(2) in the case of a suspended investigation to
which section 704(i)(1)(B) applies, make a final de-
termination under section 705(b) within 120 days
after receiving notice from the administering author-
ity of the resumption of the investigation pursuant
to section 704(i), or within 45 days after the date
of an affirmative final determination, if any, by the
administering authority, whichever is later, or
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‘‘(3) in the case of a suspended investigation to
which section 704(i)(1)(C) applies, treat the counter-
vailing duty order issued pursuant to such section as
if it were—
‘‘(A) an order issued under subsection
(a)(1)(B)(ii) for purposes of subsection (a)(3);
and
‘‘(B) an order issued under subsection
(a)(1)(B)(i) for purposes of subsection (a)(4).
‘‘(d) PUBLICATION
IN FEDERAL REGISTER.—The
administering authority or the Commission, as the case
may be, shall publish in the Federal Register a notice of
the initiation of any investigation, and a notice of any de-
termination or revocation, made pursuant to this section.
‘‘(e) REQUEST FOR SIMULTANEOUS EXPEDITED RE-
VIEW UNDER SECTION 751(c).—
‘‘(1) GENERAL RULE.—
‘‘(A) REQUESTS FOR REVIEWS.—Notwith-
standing section 751(c)(6)(A) and except as
provided in subparagraph (B), an interested
party may request a review of an order under
section 751(c) at the same time the party re-
quests an investigation under subsection (a), if
the order involves the same or comparable sub-
ject merchandise. Upon receipt of such request,
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the administering authority, after consulting
with the Commission, shall initiate a review of
the order under section 751(c). The Commis-
sion shall combine such review with the inves-
tigation under this section.
‘‘(B) EXCEPTION.—If the administering
authority determines that the interested party
who requested an investigation under this sec-
tion is a related party or an importer within the
meaning of section 771(4)(B), the administer-
ing authority may decline a request by such
party to initiate a review of an order under sec-
tion 751(c) which involves the same or com-
parable subject merchandise.
‘‘(2) CUMULATION.—If a review under section
751(c) is initiated under paragraph (1), such review
shall be treated as having been initiated on the same
day as the investigation under this section, and the
Commission may, in accordance with section
771(7)(G), cumulatively assess the volume and effect
of imports of the subject merchandise from all coun-
tries with respect to which such investigations are
treated as initiated on the same day.
‘‘(3) TIME AND PROCEDURE FOR COMMISSION
DETERMINATION.—The Commission shall render its
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determination in the investigation conducted under
this section at the same time as the Commission’s
determination is made in the review under section
751(c) that is initiated pursuant to this subsection.
The Commission shall in all other respects apply the
procedures and standards set forth in section 751(c)
to such section 751(c) reviews.’’.
(b) 
REVIEW
OF
DETERMINATIONS.—Section
516A(a)(2) (19 U.S.C. 1516a(a)(2)) is amended—
(1) in subparagraph (A)(i)(I), by striking ‘‘or
(v)’’ and inserting ‘‘(v), or (viii)’’, and
(2) in subparagraph (B), by adding at the end
the following:
‘‘(viii) A determination by the Com-
mission under section 753(a)(1).’’.
(c) CONFORMING AMENDMENT.—The table of con-
tents for title VII, as amended, is amended by inserting
after the item relating to section 752 the following new
item:
‘‘Sec. 753. Special rules for injury investigations for certain section 303 coun-
tervailing duty orders and investigations.’’.
PART 4—ENFORCEMENT OF UNITED STATES
RIGHTS UNDER THE SUBSIDIES AGREEMENT
SEC. 281. SUBSIDIES ENFORCEMENT.
(a) ASSISTANCE REGARDING MULTILATERAL SUB-
SIDY REMEDIES.—The administering authority shall pro-
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vide information to the public upon request, and, to the
extent feasible, assistance and advice to interested parties
concerning—
(1) remedies and benefits available under rel-
evant provisions of the Subsidies Agreement, and
(2) the procedures relating to such remedies
and benefits.
(b) PROHIBITED SUBSIDIES.—
(1) NOTIFICATION
OF
TRADE
REPRESENTA-
TIVE.—If the administering authority determines
pursuant to title VII of the Tariff Act of 1930 that
a class or kind of merchandise is benefiting from a
subsidy which is prohibited under Article 3 of the
Subsidies Agreement, the administering authority
shall notify the Trade Representative and shall pro-
vide the Trade Representative with the information
upon which the administering authority based its de-
termination.
(2) REQUEST BY INTERESTED PARTY REGARD-
ING
PROHIBITED
SUBSIDY.—An interested party
may request that the administering authority deter-
mine if there is reason to believe that merchandise
produced in a WTO member country is benefiting
from a subsidy which is prohibited under Article 3
of the Subsidies Agreement. The request shall con-
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tain such information as the administering authority
may require to support the allegations contained in
the request. If the administering authority, after
analyzing the request and other information reason-
ably available to the administering authority, deter-
mines that there is reason to believe that such mer-
chandise is benefiting from a subsidy which is pro-
hibited under Article 3 of the Subsidies Agreement,
the administering authority shall so notify the Trade
Representative, and shall include supporting infor-
mation with the notification.
(c) SUBSIDIES ACTIONABLE UNDER
THE AGREE-
MENT.—
(1) IN GENERAL.—If the administering author-
ity determines pursuant to title VII of the Tariff Act
of 1930 that a class or kind of merchandise is bene-
fiting from a subsidy described in Article 6.1 of the
Subsidies Agreement, the administering authority
shall notify the Trade Representative, and shall pro-
vide the Trade Representative with the information
upon which the administering authority based its de-
termination.
(2) REQUEST BY INTERESTED PARTY REGARD-
ING ADVERSE EFFECTS.—An interested party may
request the administering authority to determine if
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there is reason to believe that a subsidy which is ac-
tionable under the Subsidies Agreement is causing
adverse effects. The request shall contain such infor-
mation as the administering authority may require
to support the allegations contained in the request.
At the request of the administering authority, the
Commission shall assist the administering authority
in analyzing the information pertaining to the exist-
ence of such adverse effects. If the administering au-
thority, after analyzing the request and other infor-
mation reasonably available to the administering au-
thority, determines that there is reason to believe
that a subsidy which is actionable under the Sub-
sidies Agreement is causing adverse effects, the ad-
ministering authority shall so notify the Trade Rep-
resentative, and shall include supporting information
with the notification.
(d) INITIATION OF SECTION 301 INVESTIGATION.—
On the basis of the notification and information provided
by the administering authority pursuant to subsection (b)
or (c), such other information as the Trade Representative
may have or obtain, and where applicable, after consulta-
tion with an interested party referred to in subsection
(b)(2) or (c)(2), the Trade Representative shall, unless
such interested party objects, determine as expeditiously
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as possible, in accordance with the procedures in section
302(b)(1) of the Trade Act of 1974 (19 U.S.C.
2412(b)(1)), whether to initiate an investigation pursuant
to title III of that Act (19 U.S.C. 2411 et seq.). At the
request of the Trade Representative, the administering au-
thority and the Commission shall assist the Trade Rep-
resentative in an investigation initiated pursuant to this
subsection.
(e) NONACTIONABLE SUBSIDIES.—
(1) COMPLIANCE WITH ARTICLE 8 OF THE SUB-
SIDIES AGREEMENT.—
(A) MONITORING.—In order to monitor
whether a subsidy meets the conditions and cri-
teria described in Article 8.2 of the Subsidies
Agreement and is nonactionable, the Trade
Representative shall provide the administering
authority on a timely basis with any informa-
tion submitted or report made pursuant to Arti-
cle 8.3 or 8.4 of the Subsidies Agreement re-
garding a notified subsidy program. The admin-
istering authority shall review such information
and reports, and where appropriate, shall rec-
ommend to the Trade Representative that the
Trade Representative seek pursuant to Article
8.3 or 8.4 of the Subsidies Agreement addi-
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tional information regarding the notified sub-
sidy program or a subsidy granted pursuant to
the notified subsidy program. If the administer-
ing authority has reason to believe that a viola-
tion of Article 8 of the Subsidies Agreement ex-
ists, the administering authority shall so notify
the Trade Representative, and shall include
supporting information with the notification.
(B) REQUEST BY INTERESTED PARTY RE-
GARDING VIOLATION OF ARTICLE 8.—An inter-
ested party may request the administering au-
thority to determine if there is reason to believe
that a violation of Article 8 of the Subsidies
Agreement exists. The request shall contain
such information as the administering authority
may require to support the allegations con-
tained in the request. If the administering au-
thority, after analyzing the request and other
information reasonably available to the admin-
istering authority, determines that additional
information is needed, the administering au-
thority shall recommend to the Trade Rep-
resentative that the Trade Representative seek,
pursuant to Article 8.3 or 8.4 of the Subsidies
Agreement, additional information regarding
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the particular notified subsidy program or a
subsidy granted pursuant to the notified sub-
sidy program. If the administering authority de-
termines that there is reason to believe that a
violation of Article 8 of the Subsidies Agree-
ment exists, the administering authority shall
so notify the Trade Representative, and shall
include supporting information with the notifi-
cation.
(C) ACTION
BY
TRADE
REPRESENTA-
TIVE.—
(i) If the Trade Representative, on the
basis of the notification and information
provided by the administering authority
pursuant to subparagraph (A) or (B), and
such other information as the Trade Rep-
resentative may have or obtain, and after
consulting with the interested party re-
ferred to in subparagraph (B) and appro-
priate domestic industries, determines that
there is reason to believe that a violation
of Article 8 of the Subsidies Agreement ex-
ists, the Trade Representative shall invoke
the procedures of Article 8.4 or 8.5 of the
Subsidies Agreement.
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(ii) For purposes of clause (i), the
Trade Representative shall determine that
there is reason to believe that a violation
of Article 8 exists in any case in which the
Trade Representative determines that a
notified subsidy program or a subsidy
granted pursuant to a notified subsidy pro-
gram does not satisfy the conditions and
criteria required for a nonactionable sub-
sidy program under this Act, the Subsidies
Agreement, and the statement of adminis-
trative action approved under section
101(a).
(D) NOTIFICATION OF ADMINISTERING AU-
THORITY.—The Trade Representative shall no-
tify the administering authority whenever a vio-
lation of Article 8 of the Subsidies Agreement
has been found to exist pursuant to Article 8.4
or 8.5 of that Agreement.
(2) SERIOUS ADVERSE EFFECTS.—
(A) REQUEST BY INTERESTED PARTY.—
An interested party may request the admin-
istering authority to determine if there is rea-
son to believe that serious adverse effects re-
sulting from a program referred to in Article
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8.2 of the Subsidies Agreement exist. The re-
quest shall contain such information as the ad-
ministering authority may require to support
the allegations contained in the request.
(B) ACTION BY ADMINISTERING AUTHOR-
ITY.—Within 90 days after receipt of the re-
quest described in subparagraph (A), the ad-
ministering authority, after analyzing the re-
quest and other information reasonably avail-
able to the administering authority, shall deter-
mine if there is reason to believe that serious
adverse effects resulting from a program re-
ferred to in Article 8.2 of the Subsidies Agree-
ment exist. If the determination of the admin-
istering authority is affirmative, it shall so no-
tify the Trade Representative and shall include
supporting information with the notification.
The Commission shall assist the administering
authority in analyzing the information pertain-
ing to the existence of such serious adverse ef-
fects if the administering authority requests the
Commission’s assistance. If the subsidy pro-
gram that is alleged to result in serious adverse
effects has been the subject of a countervailing
duty investigation or review under subtitle A or
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C of title VII of the Tariff Act of 1930, the ad-
ministering authority shall take into account
the determinations made by the administering
authority and the Commission in such inves-
tigation or review and the administering au-
thority shall complete its analysis as expedi-
tiously as possible.
(C) ACTION
BY
TRADE
REPRESENTA-
TIVE.—The Trade Representative, on the basis
of the notification and information provided by
the administering authority pursuant to sub-
paragraph (B), and such other information as
the Trade Representative may have or obtain,
shall determine as expeditiously as possible, but
not later than 30 days after receipt of the noti-
fication provided by the administering author-
ity, if there is reason to believe that serious ad-
verse effects exist resulting from the subsidy
program which is the subject of the administer-
ing authority’s notification. The Trade Rep-
resentative shall make an affirmative deter-
mination regarding the existence of such serious
adverse effects unless the Trade Representative
finds that the notification of the administering
authority is not supported by the facts.
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(D) CONSULTATIONS.—If the Trade Rep-
resentative determines that there is reason to
believe that serious adverse effects resulting
from the subsidy program exist, the Trade Rep-
resentative, unless the interested party referred
to in subparagraph (A) objects, shall invoke the
procedures of Article 9 of the Subsidies Agree-
ment, and shall request consultations pursuant
to Article 9.2 of the Subsidies Agreement with
respect to such serious adverse effects. If such
consultations have not resulted in a mutually
acceptable solution within 60 days after the re-
quest is made for such consultations, the Trade
Representative shall refer the matter to the
Subsidies Committee pursuant to Article 9.3 of
the Subsidies Agreement.
(E) DETERMINATION BY SUBSIDIES COM-
MITTEE.—If the Trade Representative deter-
mines that—
(i) the Subsidies Committee has been
prevented from making an affirmative de-
termination regarding the existence of seri-
ous adverse effects under Article 9 of the
Subsidies Agreement by reason of the re-
fusal of the WTO member country with re-
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spect to which the consultations have been
invoked to join in an affirmative consen-
sus—
(I) that such serious adverse ef-
fects exist, or
(II) regarding a recommendation
to such WTO member country to
modify the subsidy program in such a
way as to remove the serious adverse
effects, or
(ii) the Subsidies Committee has not
presented its conclusions regarding the ex-
istence of such serious adverse effects
within 120 days after the date the matter
was referred to it, as required by Article
9.4 of the Subsidies Agreement,
the Trade Representative shall, within 30 days
after such determination, make a determination
under section 304(a)(1) of the Trade Act of
1974 (19 U.S.C. 2414(a)(1)) regarding what
action to take under section 301(a)(1)(A) of
that Act.
(F) NONCOMPLIANCE
WITH
COMMITTEE
RECOMMENDATION.—In the event that the Sub-
sidies Committee makes a recommendation
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under Article 9.4 of the Subsidies Agreement
and the WTO member country with respect to
which such recommendation is made does not
comply with such recommendation within 6
months after the date of the recommendation,
the Trade Representative shall make a deter-
mination under section 304(a)(1) of the Trade
Act of 1974 (19 U.S.C. 2414(a)(1)) regarding
what action to take under section 301(a) of
that Act.
(f) NOTIFICATION, CONSULTATION, AND PUBLICA-
TION.—
(1) NOTIFICATION OF CONGRESS.—The Trade
Representative shall submit promptly to the Com-
mittee on Ways and Means of the House of Rep-
resentatives, the Committee on Finance of the Sen-
ate, and other appropriate committees of the Con-
gress any information submitted or report made pur-
suant to Article 8.3 or 8.4 of the Subsidies Agree-
ment regarding a notified subsidy program.
(2) PUBLICATION
IN
THE
FEDERAL
REG-
ISTER.—The administering authority shall publish
regularly in the Federal Register a summary notice
of any information submitted or report made pursu-
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ant to Article 8.3 or 8.4 of the Subsidies Agreement
regarding notified subsidy programs.
(3) CONSULTATIONS WITH CONGRESS AND PRI-
VATE SECTOR.—The Trade Representative and the
administering authority promptly shall consult with
the committees referred to in paragraph (1), and
with interested representatives of the private sector,
regarding all information submitted or reports made
pursuant to Article 8.3 or 8.4 of the Subsidies
Agreement regarding a notified subsidy program.
(4) ANNUAL
REPORT.—Not later than Feb-
ruary 1 of each year beginning in 1996, the Trade
Representative and the administering authority shall
issue a joint report to the Congress detailing—
(A) the subsidies practices of major trad-
ing partners of the United States, including
subsidies that are prohibited, are causing seri-
ous prejudice, or are nonactionable, under the
Subsidies Agreement, and
(B) the monitoring and enforcement activi-
ties of the Trade Representative and the admin-
istering authority during the preceding calendar
year which relate to subsidies practices.
(g) COOPERATION OF OTHER AGENCIES.—All agen-
cies, departments, and independent agencies of the Fed-
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eral Government shall cooperate fully with one another in
carrying out the provisions of this section, and, upon the
request of the administering authority, shall furnish to the
administering authority all records, papers, and informa-
tion in their possession which relate to the requirements
of this section.
(h) DEFINITIONS.—For purposes of this section:
(1) ADVERSE EFFECTS.—The term ‘‘adverse ef-
fects’’ has the meaning given that term in Articles
5(a) and 5(c) of the Subsidies Agreement.
(2) ADMINISTERING
AUTHORITY.—The term
‘‘administering authority’’ has the meaning given
that term in section 771(1) of the Tariff Act of
1930 (19 U.S.C. 1677(1)).
(3) COMMISSION.—The term ‘‘Commission’’
means the United States International Trade Com-
mission.
(4) INTERESTED PARTY.—The term ‘‘interested
party’’ means a party described in subparagraph
(C), (D), (E), (F), or (G) of section 771(9) of the
Tariff Act of 1930 (19 U.S.C. 1677(9) (A), (C),
(D), (E), (F), or (G)).
(5) 
NONACTIONABLE
SUBSIDY.—The 
term
‘‘nonactionable subsidy’’ means a subsidy described
in Article 8.1(b) of the Subsidies Agreement.
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(6) NOTIFIED SUBSIDY PROGRAM.—The term
‘‘notified subsidy program’’ means a subsidy pro-
gram which has been notified pursuant to Article 8.3
of the Subsidies Agreement.
(7) SERIOUS
ADVERSE
EFFECTS.—The term
‘‘serious adverse effects’’ has the meaning given that
term in Article 9.1 of the Subsidies Agreement.
(8) SUBSIDIES AGREEMENT.—The term ‘‘Sub-
sidies Agreement’’ means the Agreement on Sub-
sidies and Countervailing Measures described in sec-
tion 771(8) of the Tariff Act of 1930 (19 U.S.C.
1677(8)).
(9) SUBSIDIES COMMITTEE.—The term ‘‘Sub-
sidies Committee’’ means the committee established
pursuant to Article 24 of the Subsidies Agreement.
(10) SUBSIDY.—The term ‘‘subsidy’’ has the
meaning given that term in Article 1 of the Sub-
sidies Agreement.
(11) 
TRADE
REPRESENTATIVE.—The 
term
‘‘Trade Representative’’ means the United States
Trade Representative.
(12) VIOLATION
OF
ARTICLE
8.—The term
‘‘violation of Article 8’’ means the failure of a noti-
fied subsidy program or an individual subsidy grant-
ed pursuant to a notified subsidy program to meet
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the applicable conditions and criteria described in
Article 8.2 of the Subsidies Agreement.
(i) TREATMENT OF PROPRIETARY INFORMATION.—
Notwithstanding any other provision of law, the admin-
istering authority may provide the Trade Representative
with a copy of proprietary information submitted to, or
obtained by, the administering authority that the Trade
Representative considers relevant in carrying out its re-
sponsibilities under this part. The Trade Representative
shall protect from public disclosure proprietary informa-
tion obtained from the administering authority under this
part.
SEC. 282. REVIEW OF SUBSIDIES AGREEMENT.
(a) GENERAL OBJECTIVES.—The general objectives
of the United States under this part are—
(1) to ensure that parts II and III of the
Agreement on Subsidies and Countervailing Meas-
ures referred to in section 101(d)(12) (hereafter in
this section referred to as the ‘‘Subsidies Agree-
ment’’) are effective in disciplining the use of sub-
sidies and in remedying the adverse effects of sub-
sidies, and
(2) to ensure that part IV of the Subsidies
Agreement does not undermine the benefits derived
from any other part of that Agreement.