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