‘‘(ii) A petitioner to which paragraph
(1)(B)(i)(II) applies shall—
‘‘(I) file the petition no later than the
earlier of 9 months after the time that the
petitioner first knew or should have known
of the sale of the subject vessel, or 6
months after delivery of the subject vessel,
and
‘‘(II) submit to the administering au-
thority a notice of intent to file a petition
no later than 6 months after the time that
the petitioner first knew or should have
known of the sale (unless the petition itself
is filed within that 6-month period).
‘‘(B) PRESUMPTION
OF
KNOWLEDGE.—
For purposes of this paragraph, if the existence
of the sale, together with general information
concerning the vessel, is published in the inter-
national trade press, there is a rebuttable pre-
sumption that the petitioner knew or should
have known of the sale of the vessel from the
date of that publication.
‘‘(c) ACTIONS
BEFORE
INITIATING
INVESTIGA-
TIONS.—
‘‘(1) NOTIFICATION OF GOVERNMENTS.—Before
initiating an investigation under either subsection
(a) or (b), the administering authority shall notify
the government of the exporting country of the in-
vestigation. In the case of the initiation of an inves-
tigation under subsection (b), such notification shall
include a public version of the petition.
‘‘(2) ACCEPTANCE OF COMMUNICATIONS.—The
administering authority shall not accept any unsolic-
ited oral or written communication from any person
other than an interested party described in section
861(17)(C), (D), (E), or (F) before the administer-
ing authority makes its decision whether to initiate
an investigation pursuant to a petition, except for
inquiries regarding the status of the administering
authority’s consideration of the petition or a request
for consultation by the government of the exporting
country.
‘‘(3) NONDISCLOSURE
OF
CERTAIN
INFORMA-
TION.—The administering authority and the Com-
mission shall not disclose information with regard to
any draft petition submitted for review and comment
before it is filed under subsection (b)(1).
‘‘(d) PETITION DETERMINATION.—
‘‘(1) TIME FOR INITIAL DETERMINATION.—(A)
Within 45 days after the date on which a petition
is filed under subsection (b), the administering au-
thority shall, after examining, on the basis of
sources readily available to the administering au-
thority, the accuracy and adequacy of the evidence
provided in the petition, determine whether the peti-
tion—
‘‘(i) alleges the elements necessary for the
imposition of an injurious pricing charge under
section 801(a) and the elements required under
subsection (b)(1)(B), (C), (D), or (E), and con-
tains information reasonably available to the pe-
titioner supporting the allegations; and
‘‘(ii) determine if the petition has been
filed by or on behalf of the industry.
‘‘(B) Any period in which paragraph (6)(A) ap-
plies shall not be included in calculating the 45-day
period described in subparagraph (A).
‘‘(2) AFFIRMATIVE
DETERMINATIONS.—If the
determinations under clauses (i) and (ii) of para-
graph (1)(A) are affirmative, the administering au-
thority shall initiate an investigation to determine
whether the vessel was sold at less than fair value,
unless paragraph (6) applies.
‘‘(3) NEGATIVE DETERMINATIONS.—If—
‘‘(A) the determination under clause (i) or
(ii) of paragraph (1)(A) is negative, or
‘‘(B) paragraph (6)(B) applies,
the administering authority shall dismiss the peti-
tion, terminate the proceeding, and notify the peti-
tioner in writing of the reasons for the determina-
tion.
‘‘(4) DETERMINATION
OF
INDUSTRY
SUP-
PORT.—
‘‘(A) GENERAL
RULE.—For purposes of
this subsection, the administering authority
shall determine that the petition has been filed
by or on behalf of the domestic industry, if—
‘‘(i) the domestic producers or work-
ers who support the petition collectively ac-
count for at least 25 percent of the total
capacity of domestic producers capable of
producing a like vessel, and
‘‘(ii) the domestic producers or work-
ers who support the petition collectively ac-
count for more than 50 percent of the total
capacity to produce a like vessel of that
portion of the domestic industry expressing
support for or opposition to the petition.
‘‘(B) 
CERTAIN
POSITIONS
DIS-
REGARDED.—In determining industry support
under subparagraph (A), the administering au-
thority shall disregard the position of domestic
producers who oppose the petition, if such pro-
ducers are related to the foreign producer or
United States buyer of the subject vessel, or the
domestic producer is itself the United States
buyer, unless such domestic producers dem-
onstrate that their interests as domestic pro-
ducers would be adversely affected by the impo-
sition of an injurious pricing charge.
‘‘(C) POLLING THE INDUSTRY.—If the pe-
tition does not establish support of domestic
producers or workers accounting for more than
50 percent of the total capacity to produce a
like vessel—
‘‘(i) the administering authority shall
poll the industry or rely on other informa-
tion in order to determine if there is sup-
port for the petition as required by sub-
paragraph (A), or
‘‘(ii) if there is a large number of pro-
ducers in the industry, the administering
authority may determine industry support
for the petition by using any statistically
valid sampling method to poll the industry.
‘‘(D) COMMENTS
BY
INTERESTED
PAR-
TIES.—Before 
the 
administering 
authority
makes a determination with respect to initiating
an investigation, any person who would qualify
as an interested party under section 861(17) if
an investigation were initiated, may submit
comments or information on the issue of indus-
try support. After the administering authority
makes a determination with respect to initiating
an investigation, the determination regarding
industry support shall not be reconsidered.
‘‘(5) DEFINITION OF DOMESTIC PRODUCERS OR
WORKERS.—For purposes of this subsection, the
term ‘domestic producers or workers’ means inter-
ested parties as defined in section 861(17)(C), (D),
(E), or (F).
‘‘(6) PROCEEDINGS
BY
WTO
MEMBERS.—The
administering authority shall not initiate an inves-
tigation under this section if, with respect to the ves-
sel sale at issue, an antidumping proceeding con-
ducted by a WTO member who is not a Shipbuilding
Agreement Party—
‘‘(A) has been initiated and has been pend-
ing for not more than one year, or
‘‘(B) has been completed and resulted in
the imposition of antidumping measures or a
negative determination with respect to whether
the sale was at less than fair value or with re-
spect to injury.
‘‘(e) NOTIFICATION TO COMMISSION OF DETERMINA-
TION.—The administering authority shall—
‘‘(1) notify the Commission immediately of any
determination it makes under subsection (a) or (d),
and
‘‘(2) if the determination is affirmative, make
available to the Commission such information as it
may have relating to the matter under investigation,
under such procedures as the administering author-
ity and the Commission may establish to prevent
disclosure, other than with the consent of the party
providing it or under protective order, of any infor-
mation to which confidential treatment has been
given by the administering authority.
‘‘SEC. 803. PRELIMINARY DETERMINATIONS.
‘‘(a) DETERMINATION BY COMMISSION OF REASON-
ABLE INDICATION OF INJURY.—
‘‘(1) GENERAL RULE.—Except in the case of a
petition dismissed by the administering authority
under section 802(d)(3), the Commission, within the
time specified in paragraph (2), shall determine,
based on the information available to it at the time
of the determination, whether there is a reasonable
indication that—
‘‘(A) an industry in the United States—
‘‘(i) is or has been materially injured,
or
‘‘(ii) is threatened with material in-
jury, or
‘‘(B) the establishment of an industry in
the United States is or has been materially re-
tarded,
by reason of the sale of the subject vessel. If the
Commission makes a negative determination under
this paragraph, the investigation shall be termi-
nated.
‘‘(2) TIME
FOR
COMMISSION
DETERMINA-
TION.—The Commission shall make the determina-
tion described in paragraph (1) within 90 days after
the date on which the petition is filed or, in the case
of an investigation initiated under section 802(a),
within 90 days after the date on which the Commis-
sion receives notice from the administering authority
that the investigation has been initiated.
‘‘(b) PRELIMINARY
DETERMINATION
BY
ADMIN-
ISTERING AUTHORITY.—
‘‘(1) PERIOD
OF
INJURIOUS
PRICING
INVES-
TIGATION.—(A) The administering authority shall
make a determination, based upon the information
available to it at the time of the determination, of
whether there is a reasonable basis to believe or sus-
pect that the subject vessel was sold at less than fair
value.
‘‘(B) If cost data is required to determine nor-
mal value on the basis of a sale of a foreign like ves-
sel that has not been delivered on or before the date
on which the administering authority initiates the
investigation, the administering authority shall make
its determination within 160 days after the date of
delivery of the foreign like vessel.
‘‘(C) If normal value is to be determined on the
basis of constructed value, the administering author-
ity shall make its determination within 160 days
after the date of delivery of the subject vessel.
‘‘(D) In cases in which subparagraph (B) or
(C) does not apply, the administering authority shall
make its determination within 160 days after the
date on which the administering authority initiates
the investigation under section 802.
‘‘(E) In no event shall the administering au-
thority make its determination before an affirmative
determination is made by the Commission under
subsection (a).
‘‘(2) DE
MINIMIS
INJURIOUS
PRICING
MAR-
GIN.—In making a determination under this sub-
section, the administering authority shall disregard
any injurious pricing margin that is de minimis. For
purposes of the preceding sentence, an injurious
pricing margin is de minimis if the administering
authority determines that the margin is less than 2
percent of the export price.
‘‘(c) EXTENSION OF PERIOD IN EXTRAORDINARILY
COMPLICATED CASES OR FOR GOOD CAUSE.—
‘‘(1) IN GENERAL.—If—
‘‘(A) the administering authority concludes
that the parties concerned are cooperating and
determines that—
‘‘(i) the case is extraordinarily com-
plicated by reason of—
‘‘(I) the novelty of the issues pre-
sented, or
‘‘(II) the nature and extent of
the information required, and
‘‘(ii) additional time is necessary to
make the preliminary determination, or
‘‘(B) a party to the investigation requests
an extension and demonstrates good cause for
the extension,
then the administering authority may postpone the
time for making its preliminary determination.
‘‘(2) LENGTH
OF
POSTPONEMENT.—The pre-
liminary determination may be postponed under
paragraph (1)(A) or (B) until not later than the
190th day after—
‘‘(A) the date of delivery of the foreign like
vessel, if subsection (b)(1)(B) applies,
‘‘(B) the date of delivery of the subject
vessel, if subsection (b)(1)(C) applies, or
‘‘(C) the date on which the administering
authority initiates an investigation under sec-
tion 802, in a case in which subsection
(b)(1)(D) applies.
‘‘(3) NOTICE OF POSTPONEMENT.—The admin-
istering authority shall notify the parties to the in-
vestigation, not later than 20 days before the date
on which the preliminary determination would other-
wise be required under subsection (b)(1), if it in-
tends to postpone making the preliminary deter-
mination under paragraph (1). The notification shall
include an explanation of the reasons for the post-
ponement, and notice of the postponement shall be
published in the Federal Register.
‘‘(d) EFFECT OF DETERMINATION BY THE ADMIN-
ISTERING AUTHORITY.—If the preliminary determination
of the administering authority under subsection (b) is af-
firmative, the administering authority shall—
‘‘(1) determine an estimated injurious pricing
margin, and
‘‘(2) make available to the Commission all in-
formation upon which its determination was based
and which the Commission considers relevant to its
injury determination, under such procedures as the
administering authority and the Commission may es-
tablish to prevent disclosure, other than with the
consent of the party providing it or under protective
order, of any information to which confidential treat-
ment has been given by the administering authority.
‘‘(e) NOTICE OF DETERMINATION.—Whenever the
Commission or the administering authority makes a deter-
mination under this section, the Commission or the admin-
istering authority, as the case may be, shall notify the pe-
titioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is
appropriate) of its determination. The administering au-
thority shall include with such notification the facts and
conclusions on which its determination is based. Not later
than 5 days after the date on which the determination is
required to be made under subsection (a)(2), the Commis-
sion shall transmit to the administering authority the facts
and conclusions on which its determination is based.
‘‘SEC. 804. TERMINATION OR SUSPENSION OF INVESTIGA-
TION.
‘‘(a) TERMINATION OF INVESTIGATION UPON WITH-
DRAWAL OF PETITION.—
‘‘(1) IN GENERAL.—Except as provided in para-
graph (2), an investigation under this subtitle may
be terminated by either the administering authority
or the Commission, after notice to all parties to the
investigation, upon withdrawal of the petition by the
petitioner.
‘‘(2) LIMITATION ON TERMINATION BY COMMIS-
SION.—The Commission may not terminate an in-
vestigation under paragraph (1) before a preliminary
determination is made by the administering author-
ity under section 803(b).
‘‘(b) TERMINATION OF INVESTIGATIONS INITIATED
BY ADMINISTERING AUTHORITY.—The administering au-
thority may terminate any investigation initiated by the
administering authority under section 802(a) after provid-
ing notice of such termination to all parties to the inves-
tigation.
‘‘(c) ALTERNATE EQUIVALENT REMEDY.—The cri-
teria set forth in subparagraphs (A) through (D) of sec-
tion 806(e)(1) shall apply to any agreement that forms
the basis for termination of an investigation under sub-
section (a) or (b).
‘‘(d) PROCEEDINGS BY WTO MEMBERS.—
‘‘(1) SUSPENSION OF INVESTIGATION.—The ad-
ministering authority and the Commission shall sus-
pend an investigation under this section if a WTO
member that is not a Shipbuilding Agreement Party
initiates an antidumping proceeding described in sec-
tion 861(29)(A) with respect to the sale of the sub-
ject vessel.
‘‘(2) TERMINATION OF INVESTIGATION.—If an
antidumping proceeding described in paragraph (1)
is concluded by—
‘‘(A) the imposition of antidumping meas-
ures, or
‘‘(B) a negative determination with respect
to whether the sale is at less than fair value or
with respect to injury,
the administering authority and the Commission
shall terminate the investigation under this section.
‘‘(3) CONTINUATION OF INVESTIGATION.—(A)
If such a proceeding—
‘‘(i) is concluded by a result other than a
result described in paragraph (2), or
‘‘(ii) is not concluded within one year from
the date of the initiation of the proceeding,
then the administering authority and the Commis-
sion shall terminate the suspension and continue the
investigation. The period in which the investigation
was suspended shall not be included in calculating
deadlines applicable with respect to the investigation.
‘‘(B) Notwithstanding subparagraph (A)(ii), if
the proceeding is concluded by a result described in
paragraph (2)(A), the administering authority and
the Commission shall terminate the investigation
under this section.
‘‘SEC. 805. FINAL DETERMINATIONS.
‘‘(a) DETERMINATIONS BY ADMINISTERING AUTHOR-
ITY.—
‘‘(1) IN GENERAL.—Within 75 days after the
date of its preliminary determination under section
803(b), the administering authority shall make a
final determination of whether the vessel which is
the subject of the investigation has been sold in the
United States at less than its fair value.
‘‘(2) EXTENSION OF PERIOD FOR DETERMINA-
TION.—(A) The administering authority may post-
pone making the final determination under para-
graph (1) until not later than 290 days after—
‘‘(i) the date of delivery of the foreign like
vessel, in an investigation to which section
803(b)(1)(B) applies,
‘‘(ii) the date of delivery of the subject ves-
sel, in an investigation to which section
803(b)(1)(C) applies, or
‘‘(iii) the date on which the administering
authority initiates the investigation under sec-
tion 802, in an investigation to which section
803(b)(1)(D) applies.
‘‘(B) The administering authority may apply
subparagraph (A) if a request in writing is made
by—
‘‘(i) the producer of the subject vessel, in
a proceeding in which the preliminary deter-
mination by the administering authority under
section 803(b) was affirmative, or
‘‘(ii) the petitioner, in a proceeding in
which the preliminary determination by the ad-
ministering authority under section 803(b) was
negative.
‘‘(3) DE
MINIMIS
INJURIOUS
PRICING
MAR-
GIN.—In making a determination under this sub-
section, the administering authority shall disregard
any injurious pricing margin that is de minimis as
defined in section 803(b)(2).
‘‘(b) FINAL DETERMINATION BY COMMISSION.—
‘‘(1) IN
GENERAL.—The Commission shall
make a final determination of whether—
‘‘(A) an industry in the United States—
‘‘(i) is or has been materially injured,
or
‘‘(ii) is threatened with material in-
jury, or
‘‘(B) the establishment of an industry in
the United States is or has been materially re-
tarded,
by reason of the sale of the vessel with respect to
which the administering authority has made an af-
firmative determination under subsection (a)(1).
‘‘(2) PERIOD
FOR
INJURY
DETERMINATION
FOLLOWING
AFFIRMATIVE
PRELIMINARY
DETER-
MINATION BY ADMINISTERING AUTHORITY.—If the
preliminary determination by the administering au-
thority under section 803(b) is affirmative, then the
Commission shall make the determination required
by paragraph (1) before the later of—
‘‘(A) the 120th day after the day on which
the administering authority makes its affirma-
tive preliminary determination under section
803(b), or
‘‘(B) the 45th day after the day on which
the administering authority makes its affirma-
tive final determination under subsection (a).
‘‘(3) PERIOD
FOR
INJURY
DETERMINATION
FOLLOWING
NEGATIVE
PRELIMINARY
DETERMINA-
TION BY ADMINISTERING AUTHORITY.—If the pre-
liminary determination by the administering author-
ity under section 803(b) is negative, and its final de-
termination under subsection (a) is affirmative, then
the final determination by the Commission under
this subsection shall be made within 75 days after
the date of that affirmative final determination.
‘‘(c) EFFECT OF FINAL DETERMINATIONS.—
‘‘(1) EFFECT OF AFFIRMATIVE DETERMINATION
BY THE ADMINISTERING AUTHORITY.—If the deter-
mination of the administering authority under sub-
section (a) is affirmative, then the administering au-
thority shall—
‘‘(A) make available to the Commission all
information upon which such determination was
based and which the Commission considers rel-
evant to its determination, under such proce-
dures as the administering authority and the
Commission may establish to prevent disclosure,
other than with the consent of the party provid-
ing it or under protective order, of any informa-
tion to which confidential treatment has been
given by the administering authority, and
‘‘(B) calculate an injurious pricing charge
in an amount equal to the amount by which the
normal value exceeds the export price of the
subject vessel.
‘‘(2) ISSUANCE OF ORDER; EFFECT OF NEGA-
TIVE DETERMINATION.—If the determinations of the
administering authority and the Commission under
subsections (a)(1) and (b)(1) are affirmative, then
the administering authority shall issue an injurious
pricing order under section 806. If either of such de-
terminations is negative, the investigation shall be
terminated upon the publication of notice of that
negative determination.
‘‘(d) PUBLICATION
OF NOTICE
OF DETERMINA-
TIONS.—Whenever the administering authority or the
Commission makes a determination under this section, it
shall notify the petitioner, other parties to the investiga-
tion, and the other agency of its determination and of the
facts and conclusions of law upon which the determination
is based, and it shall publish notice of its determination
in the Federal Register.
‘‘(e) CORRECTION OF MINISTERIAL ERRORS.—The
administering authority shall establish procedures for the
correction of ministerial errors in final determinations
within a reasonable time after the determinations are is-
sued under this section. Such procedures shall ensure op-
portunity for interested parties to present their views re-
garding any such errors. As used in this subsection, the
term ‘ministerial error’ includes errors in addition, sub-
traction, or other arithmetic function, clerical errors re-
sulting from inaccurate copying, duplication, or the like,
and any other type of unintentional error which the ad-
ministering authority considers ministerial.
‘‘SEC. 806. IMPOSITION AND COLLECTION OF INJURIOUS
PRICING CHARGE.
‘‘(a) IN GENERAL.—Within 10 days after being noti-
fied by the Commission of an affirmative determination
under section 805(b), the administering authority shall
publish an order imposing an injurious pricing charge on
the foreign producer of the subject vessel which—
‘‘(1) directs the foreign producer of the subject
vessel to pay to the Secretary of the Treasury, or
the designee of the Secretary, within 180 days from
the date of publication of the order, an injurious
pricing charge in an amount equal to the amount by
which the normal value exceeds the export price of
the subject vessel,
‘‘(2) includes the identity and location of the
foreign producer and a description of the subject
vessel, in such detail as the administering authority
deems necessary, and
‘‘(3) informs the foreign producer that—
‘‘(A) failure to pay the injurious pricing
charge in a timely fashion may result in the im-
position of countermeasures with respect to that
producer under section 807,
‘‘(B) payment made after the deadline de-
scribed in paragraph (1) shall be subject to in-
terest charges at the Commercial Interest Ref-
erence Rate (CIRR), and
‘‘(C) the foreign producer may request an
extension of the due date for payment under
subsection (b).
‘‘(b) EXTENSION OF DUE DATE FOR PAYMENT IN
EXTRAORDINARY CIRCUMSTANCES.—
‘‘(1) EXTENSION.—Upon request, the admin-
istering authority may amend the order under sub-
section (a) to set a due date for payment or pay-
ments later than the date that is 180 days from the
date of publication of the order, if the administering
authority determines that full payment in 180 days
would render the producer insolvent or would be in-
compatible with a judicially supervised reorganiza-
tion. When an extended payment schedule provides
for a series of partial payments, the administering
authority shall specify the circumstances under
which default on one or more payments will result
in the imposition of countermeasures.
‘‘(2) INTEREST
CHARGES.—If a request is
granted under paragraph (1), payments made after
the date that is 180 days from the publication of the
order shall be subject to interest charges at the
CIRR.
‘‘(c) NOTIFICATION OF ORDER.—The administering
authority shall deliver a copy of the order requesting pay-
ment to the foreign producer of the subject vessel and to
an appropriate representative of the government of the ex-
porting country.
‘‘(d) REVOCATION OF ORDER.—The administering
authority—
‘‘(1) may revoke an injurious pricing order if
the administering authority determines that produc-
ers accounting for substantially all of the capacity to
produce a domestic like vessel have expressed a lack
of interest in the order, and
‘‘(2) shall revoke an injurious pricing order—
‘‘(A) if the sale of the vessel that was the
subject of the injurious pricing determination is
voided,
‘‘(B) if the injurious pricing charge is paid
in full, including any interest accrued for late
payment,
‘‘(C) upon full implementation of an alter-
native equivalent remedy described in sub-
section (e), or
‘‘(D) if, with respect to the vessel sale that
was at issue in the investigation that resulted
in the injurious pricing order, an antidumping
proceeding conducted by a WTO member who
is not a Shipbuilding Agreement Party has been
completed and resulted in the imposition of
antidumping measures.
‘‘(e) ALTERNATIVE EQUIVALENT REMEDY.—
‘‘(1) AGREEMENT FOR ALTERNATE REMEDY.—
The administering authority may suspend an injuri-
ous pricing order if the administering authority en-
ters into an agreement with the foreign producer
subject to the order on an alternative equivalent
remedy, that the administering authority deter-
mines—
‘‘(A) is at least as effective a remedy as
the injurious pricing charge,
‘‘(B) is in the public interest,
‘‘(C) can be effectively monitored and en-
forced, and
‘‘(D) is otherwise consistent with the do-
mestic law and international obligations of the
United States.
‘‘(2) PRIOR CONSULTATIONS AND SUBMISSION
OF COMMENTS.—Before entering into an agreement
under paragraph (1), the administering authority
shall consult with the industry, and provide for the
submission of comments by interested parties, with
respect to the agreement.
‘‘(3) MATERIAL VIOLATIONS OF AGREEMENT.—
If the injurious pricing order has been suspended
under paragraph (1), and the administering author-
ity determines that the foreign producer concerned
has materially violated the terms of the agreement
under paragraph (1), the administering authority
shall terminate the suspension.
‘‘SEC. 807. IMPOSITION OF COUNTERMEASURES.
‘‘(a) GENERAL RULE.—
‘‘(1) ISSUANCE OF ORDER IMPOSING COUNTER-
MEASURES.—Unless an injurious pricing order is re-
voked or suspended under section 806 (d) or (e), the
administering authority shall issue an order impos-
ing countermeasures.
‘‘(2) CONTENTS
OF
ORDER.—The counter-
measure order shall—
‘‘(A) state that, as provided in section 468,
a permit to lade or unlade passengers or mer-
chandise may not be issued with respect to ves-
sels contracted to be built by the foreign pro-
ducer of the vessel with respect to which an in-
jurious pricing order was issued under section
806, and
‘‘(B) specify the scope and duration of the
prohibition on the issuance of a permit to lade
or unlade passengers or merchandise.
‘‘(b) NOTICE
OF INTENT TO IMPOSE COUNTER-
MEASURES.—
‘‘(1) GENERAL RULE.—The administering au-
thority shall issue a notice of intent to impose coun-
termeasures not later than 30 days before the expi-
ration of the time for payment specified in the inju-
rious pricing order (or extended payment provided
for under section 806(b)), and shall publish the no-
tice in the Federal Register within 7 days after issu-
ing the notice.
‘‘(2) ELEMENTS OF THE NOTICE OF INTENT.—
The notice of intent shall contain at least the follow-
ing elements:
‘‘(A) SCOPE.—A permit to lade or unlade
passengers or merchandise may not be issued
with respect to any vessel—
‘‘(i) built by the foreign producer sub-
ject to the proposed countermeasures, and
‘‘(ii) with respect to which the mate-
rial terms of sale are established within a
period of 4 consecutive years beginning on
the date that is 30 days after publication
in the Fedeal Register of the notice of in-
tent described in paragraph (1).
‘‘(B) DURATION.—For each vessel de-
scribed in subparagraph (A), a permit to lade
or unlade passengers or merchandise may not
be issued for a period of 4 years after the date
of delivery of the vessel.
‘‘(c) 
DETERMINATION
TO
IMPOSE
COUNTER-
MEASURES; ORDER.—
‘‘(1) GENERAL RULE.—The administering au-
thority shall, within the time specified in paragraph
(2), issue a determination and order imposing coun-
termeasures.
‘‘(2) TIME FOR DETERMINATION.—The deter-
mination shall be issued within 90 days after the
date on which the notice of intent to impose counter-
measures under subsection (b) is published in the
Federal Register. The administering authority shall
publish the determination, and the order described
in paragraph (4), in the Federal Register within 7
days after issuing the final determination, and shall
provide a copy of the determination and order to the
Customs Service.
‘‘(3) CONTENT OF THE DETERMINATION.—In
the determination imposing countermeasures, the
administering authority shall determine whether, in
light of all of the circumstances, an interested party
has demonstrated that the scope or duration of the
countermeasures described in subsection (b)(2)
should be narrower or shorter than the scope or du-
ration set forth in the notice of intent to impose
countermeasures.
‘‘(4) ORDER.—At the same time it issues its
determination, the administering authority shall
issue an order imposing countermeasures, consistent
with its determination.
‘‘(d) ADMINISTRATIVE REVIEW OF DETERMINATION
TO IMPOSE COUNTERMEASURES.—
‘‘(1) REQUEST FOR REVIEW.—Each year, in the
anniversary month of the issuance of the order im-
posing countermeasures under subsection (c), the
administering authority shall publish in the Federal
Register a notice providing that interested parties
may request—
‘‘(A) a review of the scope or duration of
the countermeasures determined under sub-
section (c)(3), and
‘‘(B) a hearing in connection with such a
review.
‘‘(2) REVIEW.—If a proper request has been re-
ceived under paragraph (1), the administering au-
thority shall—
‘‘(A) publish notice of initiation of a review
in the Federal Register not later than 15 days
after the end of the anniversary month of the
issuance 
of 
the 
order 
imposing 
counter-
measures, and
‘‘(B) review and determine whether the re-
questing party has demonstrated that the scope
or duration of the countermeasures is excessive
in light of all of the circumstances.
‘‘(3) TIME
FOR
REVIEW.—The administering
authority shall make its determination under para-
graph (2)(B) within 90 days after the date on which
the notice of initiation of the review is published. If
the determination under paragraph (2)(B) is affirm-
ative, the administering authority shall amend the
order accordingly. The administering authority shall
promptly publish the determination and any amend-
ment to the order in the Federal Register, and shall
provide a copy of any amended order to the Customs
Service. In extraordinary circumstances, the admin-
istering authority may extend the time for its deter-
mination under paragraph (2)(B) to not later than
150 days after the date on which the notice of initi-
ation of the review is published.
‘‘(e) EXTENSION OF COUNTERMEASURES.—
‘‘(1) REQUEST
FOR
EXTENSION.—Within the
time described in paragraph (2), an interested party
may file with the administering authority a request
that the scope or duration of countermeasures be ex-
tended.
‘‘(2) DEADLINE
FOR
REQUEST
FOR
EXTEN-
SION.—
‘‘(A) REQUEST FOR EXTENSION BEYOND 4
YEARS.—If the request seeks an extension that
would cause the scope or duration of counter-
measures to exceed 4 years, including any prior
extensions, the request for extension under
paragraph (1) shall be filed not earlier than the
date that is 15 months, and not later than the
date that is 12 months, before the date that
marks the end of the period that specifies the
vessels that fall within the scope of the order by
virtue of the establishment of material terms of
sale within that period.
‘‘(B) OTHER
REQUESTS.—If the request
seeks an extension under paragraph (1) other
than one described in subparagraph (A), the re-
quest shall be filed not earlier than the date
that is 6 months, and not later than a date that
is 3 months, before the date that marks the end
of the period referred to in subparagraph (A).
‘‘(3) DETERMINATION.—
‘‘(A) NOTICE
OF
REQUEST
FOR
EXTEN-
SION.—If a proper request has been received
under paragraph (1), the administering author-
ity shall publish notice of initiation of an exten-
sion proceeding in the Federal Register not
later than 15 days after the applicable deadline
in paragraph (2) for requesting the extension.
‘‘(B) PROCEDURES.—
‘‘(i) REQUESTS FOR EXTENSION BE-
YOND 4 YEARS.—If paragraph (2)(A) ap-
plies to the request, the administering au-
thority shall consult with the Trade Rep-
resentative under paragraph (4).
‘‘(ii) OTHER
REQUESTS.—If para-
graph (2)(B) applies to the request, the
administering authority shall determine,
within 90 days after the date on which the
notice of initiation of the proceeding is
published, whether the requesting party
has demonstrated that the scope or dura-
tion of the countermeasures is inadequate
in light of all of the circumstances. If the
administering authority determines that an
extension is warranted, it shall amend the
countermeasure order accordingly. The ad-
ministering authority shall promptly pub-
lish the determination and any amendment
to the order in the Federal Register, and
shall provide a copy of any amended order
to the Customs Service.
‘‘(4) CONSULTATION WITH TRADE REPRESENT-
ATIVE.—If paragraph (3)(B)(i) applies, the admin-
istering authority shall consult with the Trade Rep-
resentative concerning whether it would be appro-
priate to request establishment of a dispute settle-
ment panel under the Shipbuilding Agreement for
the purpose of seeking authorization to extend the
scope or duration of countermeasures for a period in
excess of 4 years.
‘‘(5) DECISION NOT TO REQUEST PANEL.—If,
based on consultations under paragraph (4), the
Trade Representative decides not to request estab-
lishment of a panel, the Trade Representative shall
inform the party requesting the extension of the
countermeasures of the reasons for its decision in
writing. The decision shall not be subject to judicial
review.
‘‘(6) PANEL PROCEEDINGS.—If, based on con-
sultations under paragraph (4), the Trade Rep-
resentative requests the establishment of a panel
under the Shipbuilding Agreement to authorize an
extension of the period of countermeasures, and the
panel authorizes such an extension, the administer-
ing authority shall promptly amend the counter-
measure order. The administering authority shall
publish notice of the amendment in the Federal Reg-
ister.
‘‘(f) LIST
OF VESSELS SUBJECT
TO COUNTER-
MEASURES.—
‘‘(1) GENERAL
RULE.—At least once during
each 12-month period beginning on the anniversary
date of a determination to impose countermeasures
under this section, the administering authority shall
publish in the Federal Register a list of all delivered
vessels subject to countermeasures under the deter-
mination.
‘‘(2) CONTENT OF LIST.—The list under para-
graph (1) shall include the following information for
each vessel, to the extent the information is avail-
able:
‘‘(A) The name and general description of
the vessel.
‘‘(B) The vessel identification number.
‘‘(C) The shipyard where the vessel was
constructed.
‘‘(D) The last-known registry of the vessel.
‘‘(E) The name and address of the last-
known owner of the vessel.
‘‘(F) The delivery date of the vessel.
‘‘(G) The remaining duration of counter-
measures on the vessel.
‘‘(H) Any other identifying information
available.
‘‘(3) AMENDMENT OF LIST.—-The administer-
ing authority may amend the list from time to time
to reflect new information that comes to its atten-
tion and shall publish any amendments in the Fed-
eral Register.
‘‘(4) SERVICE OF LIST AND AMENDMENTS.—
(A) The administering authority shall serve a copy
of the list described in paragraph (1) on—
‘‘(i) the petitioner under section 802(b),
‘‘(ii) the United States Customs Service,
‘‘(iii) the Secretariat of the Organization
for Economic Cooperation and Development,