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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Shipbuilding Trade
Agreement Act’’.
SEC. 2. APPROVAL OF THE SHIPBUILDING AGREEMENT.
The Congress approves The Agreement Respecting
Normal Competitive Conditions in the Commercial Ship-
building and Repair Industry (hereafter in this Act re-
ferred to as the ‘‘Shipbuilding Agreement’’), a reciprocal
trade agreement which resulted from negotiations under
the auspices of the Organization for Economic Coopera-
tion and Development, and was entered into on December
21, 1994.
SEC. 3. EFFECTIVE DATE.
Except as provided in section 206, this Act and the
amendments made by this Act take effect on the date that
the Shipbuilding Agreement enters into force with respect
to the United States.
TITLE I—INJURIOUS PRICING
AND COUNTERMEASURES
SEC. 101. INJURIOUS PRICING AND COUNTERMEASURES
PROCEEDINGS.
The Tariff Act of 1930 is amended by adding at the
end the following new title:
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‘‘TITLE 
VIII—INJURIOUS 
PRIC-
ING AND COUNTERMEASURES
RELATING TO SHIPBUILDING
‘‘Subtitle A—Injurious Pricing Charge and Countermeasures
‘‘Sec. 801. Injurious pricing charge.
‘‘Sec. 802. Procedures for initiating an injurious pricing investigation.
‘‘Sec. 803. Preliminary determinations.
‘‘Sec. 804. Termination or suspension of investigation.
‘‘Sec. 805. Final determinations.
‘‘Sec. 806. Imposition and collection of injurious pricing charge.
‘‘Sec. 807. Imposition of countermeasures.
‘‘Sec. 808. Injurious pricing petitions by third countries.
‘‘Sec. 809. Third country sales.
‘‘Subtitle B—Special Rules
‘‘Sec. 821. Export price.
‘‘Sec. 822. Normal value.
‘‘Sec. 823. Currency conversion.
‘‘Subtitle C—Procedures
‘‘Sec. 841. Hearings.
‘‘Sec. 842. Determinations on the basis of the facts available.
‘‘Sec. 843. Access to information.
‘‘Sec. 844. Conduct of investigations.
‘‘Sec. 845. Administrative action following shipbuilding agreement panel
reports.
‘‘Subtitle D—Definitions
‘‘Sec. 861. Definitions.
‘‘Subtitle A—Injurious Pricing
Charge and Countermeasures
‘‘SEC. 801. INJURIOUS PRICING CHARGE.
‘‘(a) BASIS FOR CHARGE.—If—
‘‘(1) the administering authority determines
that a foreign vessel has been sold directly or indi-
rectly to one or more United States buyers at less
than its fair value, and
‘‘(2) the Commission determines that—
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‘‘(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 such vessel, then there shall
be imposed upon the foreign producer of the subject
vessel an injurious pricing charge, in an amount
equal to the amount by which the normal value ex-
ceeds the export price for the vessel. For purposes
of this subsection and section 805(b)(1), a reference
to the sale of a foreign vessel includes the creation
or transfer of an ownership interest in the vessel, ex-
cept for an ownership interest created or acquired
solely for the purpose of providing security for a
normal commercial loan.
‘‘(b) FOREIGN VESSELS NOT MERCHANDISE.—No
foreign vessel may be considered to be, or to be part of,
a class or kind of merchandise for purposes of subtitle B
of title VII.
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‘‘SEC. 802. PROCEDURES FOR INITIATING AN INJURIOUS
PRICING INVESTIGATION.
‘‘(a) INITIATION BY ADMINISTERING AUTHORITY.—
‘‘(1) GENERAL RULE.—Except in the case in
which subsection (d)(6) applies, an injurious pricing
investigation shall be initiated whenever the admin-
istering authority determines, from information
available to it, that a formal investigation is war-
ranted into the question of whether the elements
necessary for the imposition of a charge under sec-
tion 801(a) exist, and whether a producer described
in section 861(17)(C) would meet the criteria of sub-
section (b)(1)(B) for a petitioner.
‘‘(2) TIME FOR INITIATION BY ADMINISTERING
AUTHORITY.—An investigation may only be initiated
under paragraph (1) within 6 months after the time
the administering authority first knew or should
have known of the sale of the vessel. Any period in
which subsection (d)(6)(A) applies shall not be in-
cluded in calculating that 6-month period.
‘‘(b) INITIATION BY PETITION.—
‘‘(1) PETITION REQUIREMENTS.—(A) Except in
a case in which subsection (d)(6) applies, an injuri-
ous pricing proceeding shall be initiated whenever an
interested party, as defined in subparagraph (C),
(D), (E), or (F) of section 861(17), files a petition
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with the administering authority, on behalf of an in-
dustry, which alleges the elements necessary for the
imposition of an injurious pricing charge under sec-
tion 801(a) and the elements required under sub-
paragraph (B), (C), (D), or (E) of this paragraph,
and which is accompanied by information reasonably
available to the petitioner supporting those allega-
tions and identifying the transaction concerned.
‘‘(B)(i) If the petitioner is a producer described
in section 861(17)(C), and—
‘‘(I) if the petitioner was invited to tender
a bid on the contract at issue, the petition shall
include information indicating that the peti-
tioner actually did so and the bid of the peti-
tioner substantially met the delivery date and
technical requirements of the bid, or
‘‘(II) if the petitioner was not invited to
tender a bid, the petition shall include informa-
tion indicating that the petitioner was capable
of building the vessel concerned and, if the peti-
tioner knew or should have known of the pro-
posed purchase, it made demonstrable efforts to
conclude a sale with the United States buyer
consistent with the delivery date and technical
requirements of the buyer.
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‘‘(ii) For purposes of clause (i)(II), there is a
rebuttable presumption that the petitioner knew or
should have known of the proposed purchase if it is
demonstrated that—
‘‘(I) the majority of the producers in the
industry have made efforts with the United
States buyer to conclude a sale of the subject
vessel, or
‘‘(II) general information on the sale was
available from brokers, financiers, classification
societies, charterers, trade associations, or other
entities normally involved in shipbuilding trans-
actions with whom the petitioner had regular
contacts or dealings.
‘‘(C) If the petitioner is an interested party de-
scribed in section 861(17)(D), the petition shall in-
clude information indicating that members of the
union or group of workers described in that section
are employed by a producer that meets the require-
ments of subparagraph (B) of this paragraph.
‘‘(D) If the petitioner is an interested party de-
scribed in section 861(17)(E), the petition shall in-
clude information indicating that a member of the
association described in that section is a producer
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that meets the requirements of subparagraph (B) of
this paragraph.
‘‘(E) If the petitioner is an interested party de-
scribed in section 861(17)(F), the petition shall in-
clude information indicating that a member of the
association described in that section meets the re-
quirements of subparagraph (C) or (D) of this para-
graph.
‘‘(F) The petition may be amended at such
time, and upon such conditions, as the administering
authority and the Commission may permit.
‘‘(2) SIMULTANEOUS
FILING
WITH
COMMIS-
SION.—The petitioner shall file a copy of the peti-
tion with the Commission on the same day as it is
filed with the administering authority.
‘‘(3) DEADLINE FOR FILING PETITION.—
‘‘(A) DEADLINE.—(i) A petitioner to which
paragraph (1)(B)(i)(I) applies shall file the pe-
tition no later than the earlier of—
‘‘(I) 6 months after the time that the
petitioner first knew or should have known
of the sale of the subject vessel, or
‘‘(II) 6 months after delivery of the
subject vessel.
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‘‘(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.—
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‘‘(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.—
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‘‘(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.
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‘‘(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.
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‘‘(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
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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—
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‘‘(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.—
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‘‘(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-
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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
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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
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‘‘(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-
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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-
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titioner, and other parties to the investigation, and the
Commission or the administering authority (whichever is
appropriate) of its determination. The administering au-
thority shall include with such notification the facts and
conclusions on which its determination is based. Not later
than 5 days after the date on which the determination is
required to be made under subsection (a)(2), the Commis-
sion shall transmit to the administering authority the facts
and conclusions on which its determination is based.
‘‘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).
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‘‘(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
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‘‘(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.—
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‘‘(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-
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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).
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‘‘(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.—
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‘‘(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-
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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.
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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.
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‘‘(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
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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
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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
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‘‘(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
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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
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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.
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‘‘(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
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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-
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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-
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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
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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:
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‘‘(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,
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‘‘(iv) the owners of vessels on the list,
‘‘(v) the shipyards on the list, and
‘‘(vi) the government of the country in
which a shipyard on the list is located.
‘‘(B) The administering authority shall serve a
copy of any amendments to the list under paragraph
(3) or subsection (g)(3) on—
‘‘(i) the parties listed in clauses (i), (ii),
and (iii) of subparagraph (A), and,
‘‘(ii) if the amendment affects their inter-
ests, the parties listed in clauses (iv), (v), and
(vi) of subparagraph (A).
‘‘(g) ADMINISTRATIVE REVIEW OF LIST OF VESSELS
SUBJECT TO COUNTERMEASURES.—
‘‘(1) REQUEST
FOR
REVIEW.—(A) An inter-
ested party may request in writing a review of the
list described in subsection (f)(1), including any
amendments thereto, to determine whether—
‘‘(i) a vessel included in the list does not
fall within the scope of the applicable counter-
measure order and should be deleted, or
‘‘(ii) a vessel not included in the list falls
within the scope of the applicable counter-
measure order and should be added.
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‘‘(B) Any request seeking a determination de-
scribed in subparagraph (A)(i) shall be made within
90 days after the date of publication of the applica-
ble list.
‘‘(2) REVIEW.—If a proper request for review
has been received, the administering authority
shall—
‘‘(A) publish notice of initiation of a review
in the Federal Register—
‘‘(i) not later than 15 days after the
request is received, or
‘‘(ii) if the request seeks a determina-
tion described in paragraph (1)(A)(i), not
later than 15 days after the deadline de-
scribed in paragraph (1)(B), and
‘‘(B) review and determine whether the re-
questing party has demonstrated that—
‘‘(i) a vessel included in the list does
not qualify for such inclusion, or
‘‘(ii) a vessel not included in the list
qualifies for inclusion.
‘‘(3) TIME FOR DETERMINATION.—The admin-
istering authority shall make its determination under
paragraph (2)(B) within 90 days after the date on
which the notice of initiation of such review is pub-
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lished. If the administering authority determines
that a vessel should be added or deleted from the
list, the administering authority shall amend the list
accordingly. The administering authority shall
promptly publish in the Federal Register the deter-
mination and any such amendment to the list.
‘‘(h) EXPIRATION
OF COUNTERMEASURES.—Upon
expiration of a countermeasure order imposed under this
section, the administering authority shall promptly publish
a notice of the expiration in the Federal Register.
‘‘(i) SUSPENSION OR TERMINATION OF PROCEED-
INGS OR COUNTERMEASURES; TEMPORARY REDUCTION
OF COUNTERMEASURES.—
‘‘(1) IF INJURIOUS PRICING ORDER REVOKED
OR SUSPENDED.—If an injurious pricing order has
been revoked or suspended under section 806(d) or
(e), the administering authority shall, as appro-
priate, suspend or terminate proceedings under this
section with respect to that order, or suspend or re-
voke a countermeasure order issued with respect to
that injurious pricing order.
‘‘(2) IF PAYMENT DATE AMENDED.—(A) Sub-
ject to subparagraph (C), if the payment date under
an injurious pricing order is amended under section
845, the administering authority shall, as appro-
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priate, suspend proceedings or modify deadlines
under this section, or suspend or amend a counter-
measure order issued with respect to that injurious
pricing order.
‘‘(B) In taking action under subparagraph (A),
the administering authority shall ensure that coun-
termeasures are not applied before the date that is
30 days after publication in the Federal Register of
the amended payment date.
‘‘(C) If—
‘‘(i) a countermeasure order is issued
under subsection (c) before an amendment is
made under section 845 to the payment date of
the injurious pricing order to which the coun-
termeasure order applies, and
‘‘(ii) the administering authority deter-
mines that the period of time between the origi-
nal payment date and the amended payment
date is significant for purposes of determining
the appropriate scope or duration of counter-
measures,
the administering authority may, in lieu of acting
under subparagraph (A), reinstitute proceedings
under subsection (c) for purposes of issuing a new
determination under that subsection.
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‘‘(j) COMMENT AND HEARING.—In the course of any
proceeding under subsection (c), (d), (e), or (g), the ad-
ministering authority—
‘‘(1) shall solicit comments from interested par-
ties, and
‘‘(2)(A) in a proceeding under subsection (c) or
(d), upon the request of an interested party, shall
hold a hearing in accordance with section 841(b) in
connection with that proceeding, or
‘‘(B) in a proceeding under subsection (e) or
(g), upon the request of an interested party, may
hold a hearing in accordance with section 841(b) in
connection with that proceeding.
‘‘SEC. 808. INJURIOUS PRICING PETITIONS BY THIRD COUN-
TRIES.
‘‘(a) FILING OF PETITION.—The government of a
Shipbuilding Agreement Party may file with the Trade
Representative a petition requesting that an investigation
be conducted to determine if—
‘‘(1) a vessel from another Shipbuilding Agree-
ment Party has been sold in the United States at
less than fair value, and
‘‘(2) an industry, in the petitioning country,
producing or capable of producing a like vessel is
materially injured by reason of such sale.
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‘‘(b) INITIATION.—The Trade Representative, after
consultation with the administering authority and the
Commission and obtaining the approval of the Parties
Group under the Shipbuilding Agreement, shall determine
whether to initiate an investigation described in subsection
(a).
‘‘(c) DETERMINATIONS.—Upon initiation of an inves-
tigation under subsection (a), the Trade Representative
shall request the following determinations be made in ac-
cordance with substantive and procedural requirements
specified by the Trade Representative, notwithstanding
any other provision of this title:
‘‘(1) The administering authority shall deter-
mine whether the subject vessel has been sold at less
than fair value.
‘‘(2) The Commission shall determine whether
an industry in the petitioning country is materially
injured by reason of the sale of the subject vessel in
the United States.
‘‘(d) PUBLIC COMMENT.—An opportunity for public
comment shall be provided, as appropriate—
‘‘(1) by the Trade Representative, in making
the determinations required by subsection (b), and
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‘‘(2) by the administering authority and the
Commission, in making the determinations 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—
‘‘(1) order an injurious pricing charge in ac-
cordance with section 806, and
‘‘(2) make such determinations and take such
other actions as are required by sections 806 and
807, as if affirmative determinations had been made
under subsections (a) and (b) of section 805.
‘‘(f) REVIEWS OF DETERMINATIONS.—For purposes
of review under section 516B, if an order is issued under
subsection (e)—
‘‘(1) the final determinations of the administer-
ing authority and the Commission under subsection
(c) shall be treated as final determinations made
under section 805, and
‘‘(2) determinations of the administering au-
thority under subsection (e)(2) shall be treated as
determinations made under section 806 or 807, as
the case may be.
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‘‘(g) ACCESS TO INFORMATION.—Section 843 shall
apply to investigations under this section, to the extent
specified by the Trade Representative, after consultation
with the administering authority and the Commission.
‘‘SEC. 809. THIRD COUNTRY SALES.
‘‘(a) FILING OF PETITION.—Any interested party
that would be eligible to file a petition under section
802(b)(1) with respect to a sale if such sale had been to
a United States buyer may, with respect to a sale of a
vessel by a foreign producer in a Shipbuilding Agreement
Party to a buyer in a third country that is a Shipbuilding
Agreement Party, file with the Trade Representative a pe-
tition alleging that—
‘‘(1) such vessel has been sold at less than fair
value; and
‘‘(2) the industry in the United States produc-
ing or capable of producing a like vessel is materially
injured by reason of such sale.
‘‘(b) DETERMINATION.—Upon receipt of a petition
under subsection (a), the Trade Representative shall re-
quest the following determinations to be made in accord-
ance with substantive and procedural requirements speci-
fied by the Trade Representative, notwithstanding any
other provision of this title:
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‘‘(1) The administering authority shall deter-
mine whether there is reasonable cause to believe
that the subject vessel has been sold at less than fair
value.
‘‘(2) The Commission shall determine whether
there is reasonable cause to believe that the industry
in the United States is materially injured by reason
of such sale.
‘‘(c) COMPLAINT BY TRADE REPRESENTATIVE.—If
the administering authority makes an affirmative deter-
mination under paragraph (1) of subsection (b), and the
Commission makes an affirmative determination under
paragraph (2) of subsection (b), the Trade Representative
shall make application to the country of the buyer of the
subject vessel for an injurious pricing action and relief
similar to that available under section 808. The Trade
Representative shall advise the petitioner of the proceed-
ings undertaken by the third country in response to such
application and shall permit the petitioner to participate
in such proceedings to the greatest extent practicable.
‘‘Subtitle B—Special Rules
‘‘SEC. 821. EXPORT PRICE.
‘‘(a) EXPORT PRICE.—For purposes of this title, the
term ‘export price’ means the price at which the subject
vessel is first sold (or agreed to be sold) by or for the
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account of the foreign producer of the subject vessel to
an unaffiliated United States buyer. The term ‘sold (or
agreed to be sold) by or for the account of the foreign
producer’ includes any transfer of an ownership interest,
including by way of lease or long-term bareboat charter,
in conjunction with the original transfer from the pro-
ducer, either directly or indirectly, to a United States
buyer.
‘‘(b) ADJUSTMENTS TO EXPORT PRICE.—The price
used to establish export price shall be—
‘‘(1) increased by the amount of any import du-
ties imposed by the country of exportation which
have been rebated, or which have not been collected,
by reason of the exportation of the subject vessel,
and
‘‘(2) reduced by—
‘‘(A) the amount, if any, included in such
price, attributable to any additional costs,
charges, or expenses which are incident to
bringing the subject vessel from the shipyard in
the exporting country to the place of delivery,
‘‘(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 vessel, and
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‘‘(C) all other expenses incidental to plac-
ing the vessel in condition for delivery to the
buyer.
‘‘SEC. 822. NORMAL VALUE.
‘‘(a) DETERMINATION.—In determining under this
title whether a subject vessel has been sold at less than
fair value, a fair comparison shall be made between the
export price and normal value of the subject vessel. In
order to achieve a fair comparison with the export price,
normal value shall be determined as follows:
‘‘(1) DETERMINATION OF NORMAL VALUE.—
‘‘(A) IN GENERAL.—The normal value of
the subject vessel shall be the price described in
subparagraph (B), at a time reasonably cor-
responding to the time of the sale used to deter-
mine the export price under section 821(a).
‘‘(B) PRICE.—The price referred to in sub-
paragraph (A) is—
‘‘(i) the price at which a foreign like
vessel is first sold in the exporting country,
in the ordinary course of trade and, to the
extent practicable, at the same level of
trade, or
‘‘(ii) in a case to which subparagraph
(C) applies, the price at which a foreign
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like vessel is so sold for consumption in a
country other than the exporting country
or the United States, if—
‘‘(I) such price is representative,
and
‘‘(II) the administering authority
does not determine that the particular
market situation in such other coun-
try prevents a proper comparison with
the export price.
‘‘(C) THIRD COUNTRY SALES.—This sub-
paragraph applies when—
‘‘(i) a foreign like vessel is not sold in
the exporting country as described in sub-
paragraph (B)(i), or
‘‘(ii) the particular market situation
in the exporting country does not permit a
proper comparison with the export price.
‘‘(D) 
CONTEMPORANEOUS
SALE.—For
purposes of subparagraph (A), ‘a time reason-
ably corresponding to the time of the sale’
means within 3 months before or after the sale
of the subject vessel or, in the absence of such
sales, such longer period as the administering
authority determines would be appropriate.
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‘‘(2) FICTITIOUS
MARKETS.—No pretended
sale, and no sale intended to establish a fictitious
market, shall be taken into account in determining
normal value.
‘‘(3) USE OF CONSTRUCTED VALUE.—If the ad-
ministering authority determines that the normal
value of the subject vessel cannot be determined
under paragraph (1)(B) or (1)(C), then the normal
value of the subject vessel shall be the constructed
value of that vessel, as determined under subsection
(e).
‘‘(4) INDIRECT SALES.—If a foreign like vessel
is sold through an affiliated party, the price at
which the foreign like vessel is sold by such affiliated
party may be used in determining normal value.
‘‘(5) ADJUSTMENTS.—The price described in
paragraph (1)(B) shall be—
‘‘(A) reduced by—
‘‘(i) the amount, if any, included in
the price described in paragraph (1)(B),
attributable to any costs, charges, and ex-
penses incident to bringing the foreign like
vessel from the shipyard to the place of de-
livery to the purchaser,
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‘‘(ii) the amount of any taxes imposed
directly upon the foreign like vessel or
components thereof which have been re-
bated, or which have not been collected, on
the subject vessel, but only to the extent
that such taxes are added to or included in
the price of the foreign like vessel, and
‘‘(iii) the amount of all other expenses
incidental to placing the foreign like vessel
in condition for delivery to the buyer, and
‘‘(B) increased or decreased by the amount
of any difference (or lack thereof) between the
export price and the price described in para-
graph (1)(B) (other than a difference for which
allowance is otherwise provided under this sec-
tion) that is established to the satisfaction of
the administering authority to be wholly or
partly due to—
‘‘(i) physical differences between the
subject vessel and the vessel used in deter-
mining normal value, or
‘‘(ii) other differences in the cir-
cumstances of sale.
‘‘(6) ADJUSTMENTS FOR LEVEL OF TRADE.—
The price described in paragraph (1)(B) shall also
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be increased or decreased to make due allowance for
any difference (or lack thereof) between the export
price and the price described in paragraph (1)(B)
(other than a difference for which allowance is oth-
erwise made under this section) that is shown to be
wholly or partly due to a difference in level of trade
between the export price and normal value, if the
difference in level of trade—
‘‘(A) involves the performance of different
selling activities, and
‘‘(B) is demonstrated to affect price com-
parability, based on a pattern of consistent
price differences between sales at different lev-
els 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.
‘‘(7) 
ADJUSTMENTS
TO
CONSTRUCTED
VALUE.—Constructed value as determined under
subsection (d) may be adjusted, as appropriate, pur-
suant to this subsection.
‘‘(b) SALES AT LESS THAN COST OF PRODUCTION.—
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‘‘(1) DETERMINATION; SALES DISREGARDED.—
Whenever the administering authority has reason-
able grounds to believe or suspect that the sale of
the foreign like vessel under consideration for the
determination of normal value has been made at a
price which represents less than the cost of produc-
tion of the foreign like vessel, the administering au-
thority shall determine whether, in fact, such sale
was made at less than the cost of production. If the
administering authority determines that the sale was
made at less than the cost of production and was
not at a price which permits recovery of all costs
within 5 years, such sale may be disregarded in the
determination of normal value. Whenever such a sale
is disregarded, normal value shall be based on an-
other sale of a foreign like vessel in the ordinary
course of trade. If no sales made in the ordinary
course of trade remain, the normal value shall be
based on the constructed value of the subject vessel.
‘‘(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 the sale of a foreign like
vessel was made at a price that is less than the
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cost of production of the vessel, if an interested
party described in subparagraph (C), (D), (E),
or (F) of section 861(17) provides information,
based upon observed prices or constructed
prices or costs, that the sale of the foreign like
vessel under consideration for the determination
of normal value has been made at a price which
represents less than the cost of production of
the vessel.
‘‘(B) RECOVERY OF COSTS.—If the price is
below the cost of production at the time of sale
but is above the weighted average cost of pro-
duction for the period of investigation, such
price shall be considered to provide for recovery
of costs within 5 years.
‘‘(3) CALCULATION
OF
COST
OF
PRODUC-
TION.—For purposes of this section, 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 vessel, during a
period which would ordinarily permit the pro-
duction of that vessel in the ordinary course of
business, and
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‘‘(B) an amount for selling, general, and
administrative expenses based on actual data
pertaining to the production and sale of the for-
eign like vessel by the producer in question.
For purposes of subparagraph (A), if the normal
value is based on the price of the foreign like vessel
sold in a country other than the exporting country,
the cost of materials shall be determined without re-
gard to any internal tax in the exporting country im-
posed on such materials or on their disposition
which are remitted or refunded upon exportation.
‘‘(c) NONMARKET ECONOMY COUNTRIES.—
‘‘(1) IN GENERAL.—If—
‘‘(A) the subject vessel is produced in a
nonmarket economy country, and
‘‘(B) the administering authority finds that
available information does not permit the nor-
mal value of the subject vessel to be determined
under subsection (a),
the administering authority shall determine the nor-
mal value of the subject vessel on the basis of the
value of the factors of production utilized in produc-
ing the vessel and to which shall be added an
amount for general expenses and profit plus the cost
of expenses incidental to placing the vessel in a con-
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dition for delivery to the buyer. Except as provided
in paragraph (2), the valuation of the factors of pro-
duction shall be based on the best available informa-
tion regarding the values of such factors in a market
economy country or countries considered to be ap-
propriate by the administering authority.
‘‘(2) EXCEPTION.—If the administering author-
ity finds that the available information is inadequate
for purposes of determining the normal value of the
subject vessel under paragraph (1), the administer-
ing authority shall determine the normal value on
the basis of the price at which a vessel that is—
‘‘(A) comparable to the subject vessel, 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 the vessel include, but are not limited
to—
‘‘(A) hours of labor required,
‘‘(B) quantities of raw materials employed,
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‘‘(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,
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
vessels.
‘‘(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) the subject vessel was produced in facilities
which are owned or controlled, directly or indirectly,
by a person, firm, or corporation which also owns or
controls, directly or indirectly, other facilities for the
production of a foreign like vessel which are located
in another country or countries,
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‘‘(2) subsection (a)(1)(C) applies, and
‘‘(3) the normal value of a foreign like vessel
produced in one or more of the facilities outside the
exporting country is higher than the normal value of
the foreign like vessel produced in the facilities lo-
cated in the exporting country,
the administering authority shall determine the normal
value of the subject vessel by reference to the normal value
at which a foreign like vessel is sold from one or more
facilities outside the exporting country. The administering
authority, in making any determination under this sub-
section, shall make adjustments for the difference between
the costs of production (including taxes, labor, materials,
and overhead) of the foreign like vessel produced in facili-
ties outside the exporting country and costs of production
of the foreign like vessel produced in facilities in the ex-
porting country, if such differences are demonstrated to
its satisfaction.
‘‘(e) CONSTRUCTED VALUE.—
‘‘(1) IN GENERAL.—For purposes of this title,
the constructed value of a subject vessel shall be an
amount equal to the sum of—
‘‘(A) the cost of materials and fabrication
or other processing of any kind employed in
producing the subject vessel, during a period
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which would ordinarily permit the production of
the vessel in the ordinary course of business,
and
‘‘(B)(i) the actual amounts incurred and
realized by the foreign producer of the subject
vessel for selling, general, and administrative
expenses, and for profits, in connection with the
production and sale of a foreign like vessel, in
the ordinary course of trade, in the domestic
market of the country of origin of the subject
vessel, or
‘‘(ii) if actual data are not available with
respect to the amounts described in clause (i),
then—
‘‘(I) the actual amounts incurred and
realized by the foreign producer of the sub-
ject vessel for selling, general, and admin-
istrative expenses, and for profits, in con-
nection with the production and sale of the
same general category of vessel in the do-
mestic market of the country of origin of
the subject vessel,
‘‘(II) the weighted average of the ac-
tual amounts incurred and realized by pro-
ducers in the country of origin of the sub-
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ject vessel (other than the producer of the
subject vessel) for selling, general, and ad-
ministrative expenses, and for profits, in
connection with the production and sale of
a foreign like vessel, in the ordinary course
of trade, in the domestic market, or
‘‘(III) if data is not available under
subclause (I) or (II), the amounts incurred
and realized for selling, general, and ad-
ministrative expenses, and for profits,
based on any other reasonable method, ex-
cept that the amount allowed for profit
may not exceed the amount normally real-
ized by foreign producers (other than the
producer of the subject vessel) in connec-
tion with the sale of vessels in the same
general category of vessel as the subject
vessel in the domestic market of the coun-
try of origin of the subject vessel.
The profit shall, for purposes of this paragraph, be
based on the average profit realized over a reason-
able period of time before and after the sale of the
subject vessel and shall reflect a reasonable profit at
the time of such sale. For purposes of the preceding
sentence, a ‘reasonable period of time’ shall not, ex-
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cept where otherwise appropriate, exceed 6 months
before, or 6 months after, the sale of the subject ves-
sel. In calculating profit under this paragraph, any
distortion which would result in other than a profit
which is reasonable at the time of the sale shall be
eliminated.
‘‘(2) COSTS
AND
PROFITS
BASED
ON
OTHER
REASONABLE
METHODS.—When costs and profits
are determined under paragraph (1)(B)(ii)(III), such
determination shall, except where otherwise appro-
priate, be based on appropriate export sales by the
producer of the subject vessel or, absent such sales,
to export sales by other producers of a foreign like
vessel or the same general category of vessel as the
subject vessel in the country of origin of the subject
vessel.
‘‘(3) COSTS OF MATERIALS.—For purposes of
paragraph (1)(A), the cost of materials shall be de-
termined without regard to any internal tax in the
exporting country imposed on such materials or their
disposition which are remitted or refunded upon ex-
portation of the subject vessel produced from such
materials.
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‘‘(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 for-
eign producer of the subject vessel, if such
records are kept in accordance with the gen-
erally accepted accounting principles of the ex-
porting country and reasonably reflect the costs
associated with the production and sale of the
vessel. The administering authority shall con-
sider all available evidence on proper allocation
of costs, including that which is made available
by the foreign producer on a timely basis, if
such allocations have been historically used by
the foreign producer, in particular for establish-
ing appropriate amortization and depreciation
periods, and allowances 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.—
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‘‘(i) IN GENERAL.—Costs shall be ad-
justed appropriately for circumstances in
which costs incurred during the time pe-
riod covered by the investigation are af-
fected 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
type of vessel that requires substantial
additional 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
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.
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‘‘(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 vessel at the end of the start-
up period for the unit production costs in-
curred during the startup period. If the
startup period extends beyond the period
of the investigation under this title, the ad-
ministering authority shall use the most
recent cost of production data that it rea-
sonably can obtain, analyze, and verify
without delaying the timely completion of
the investigation. For purposes of this sub-
paragraph, the startup period ends at the
point at which the level of commercial pro-
duction that is characteristic of the vessel,
the producer, or the industry is achieved.
‘‘(D) COSTS DUE TO EXTRAORDINARY CIR-
CUMSTANCES NOT INCLUDED.—Costs shall not
include actual costs which are due to extraor-
dinary circumstances (including, but not limited
to, labor disputes, fire, and natural disasters)
and which are significantly over the cost in-
crease which the shipbuilder could have reason-
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ably anticipated and taken into account at the
time of sale.
‘‘(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 a like vessel in
the market under consideration. If a transaction is
disregarded under the preceding sentence and no
other transactions are available for consideration,
the determination of the amount shall be based on
the information available as to what the amount
would have been if the transaction had occurred be-
tween persons who are not affiliated.
‘‘(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 subject vessel, 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
available regarding such cost of production, if such
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cost is greater than the amount that would be deter-
mined for such input under paragraph (2).
‘‘SEC. 823. CURRENCY CONVERSION.
‘‘(a) IN GENERAL.—In an injurious pricing proceed-
ing under this title, the administering authority shall con-
vert foreign currencies into United States dollars using the
exchange rate in effect on the date of sale of the subject
vessel, except that if it is established that a currency
transaction on forward markets is directly linked to a sale
under consideration, the exchange rate specified with re-
spect to such foreign currency in the forward sale agree-
ment shall be used to convert the foreign currency.
‘‘(b) DATE OF SALE.—For purposes of this section,
‘date of sale’ means the date of the contract of sale or,
where appropriate, the date on which the material terms
of sale are otherwise established. If the material terms of
sale are significantly changed after such date, the date of
sale is the date of such change. In the case of such a
change in the date of sale, the administering authority
shall make appropriate adjustments to take into account
any unreasonable effect on the injurious pricing margin
due only to fluctuations in the exchange rate between the
original date of sale and the new date of sale.
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‘‘Subtitle C—Procedures
‘‘SEC. 841. HEARINGS.
‘‘(a) UPON REQUEST.—The administering authority
and the Commission shall each hold a hearing in the
course of an investigation under this title, upon the re-
quest of any party to the investigation, before making a
final determination under section 805.
‘‘(b) PROCEDURES.—Any hearing required or per-
mitted under this title shall be conducted after notice pub-
lished in the Federal Register, and a transcript of the
hearing shall be prepared and made available to the public.
The hearing shall not be subject to the provisions of sub-
chapter II of chapter 5 of title 5, United States Code, or
to section 702 of such title.
‘‘SEC. 842. DETERMINATIONS ON THE BASIS OF THE FACTS
AVAILABLE.
‘‘(a) IN GENERAL.—If—
‘‘(1) necessary information is not available on
the record, or
‘‘(2) an interested party or any other person—
‘‘(A) withholds information that has been
requested by the administering authority or the
Commission under this title,
‘‘(B) fails to provide such information by
the deadlines for the submission of the informa-
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tion or in the form and manner requested, sub-
ject to subsections (b)(1) and (d) of section
844,
‘‘(C) significantly impedes a proceeding
under this title, or
‘‘(D) provides such information but the in-
formation cannot be verified as provided in sec-
tion 844(g),
the administering authority and the Commission
shall, subject to section 844(c), use the facts other-
wise available in reaching the applicable determina-
tion under this title.
‘‘(b) ADVERSE INFERENCES.—If the administering
authority or the Commission (as the case may be) finds
that an interested party has failed to cooperate by not act-
ing to the best of its ability to comply with a request for
information from the administering authority or the Com-
mission, the administering authority or the Commission
(as the case may be), in reaching the applicable determina-
tion under this title, may use an inference that is adverse
to the interests of that party in selecting from among the
facts otherwise available. Such adverse inference may in-
clude reliance on information derived from—
‘‘(1) the petition, or
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‘‘(2) 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 under
this title, the administering authority and the Commis-
sion, as the case may be, shall, to the extent practicable,
corroborate that information from independent sources
that are reasonably at their disposal.
‘‘SEC. 843. ACCESS TO INFORMATION.
‘‘(a) INFORMATION
GENERALLY
MADE
AVAIL-
ABLE.—
‘‘(1) PROGRESS OF INVESTIGATION REPORTS.—
The administering authority and the Commission
shall, from time to time upon request, inform the
parties to an investigation under this title of the
progress of that investigation.
‘‘(2) EX PARTE MEETINGS.—The administering
authority and the Commission shall maintain a
record of any ex parte meeting between—
‘‘(A) interested parties or other persons
providing factual information in connection with
a proceeding under this title, and
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‘‘(B) the person charged with making the
determination, or any person charged with mak-
ing a final recommendation to that person, in
connection with that proceeding,
if information relating to that proceeding was pre-
sented or discussed at such meeting. The record of
such an ex parte meeting shall include the identity
of the persons present at the meeting, the date,
time, and place of the meeting, and a summary of
the matters discussed or submitted. The record of
the ex parte meeting shall be included in the record
of the proceeding.
‘‘(3) SUMMARIES; NON-PROPRIETARY
SUBMIS-
SIONS.—The administering authority and the Com-
mission shall disclose—
‘‘(A) any proprietary information received
in the course of a proceeding under this title if
it is disclosed in a form which cannot be associ-
ated with, or otherwise be used to identify, op-
erations of a particular person, and
‘‘(B) any information submitted in connec-
tion with a proceeding which is not designated
as proprietary by the person submitting it.
‘‘(4) MAINTENANCE OF PUBLIC RECORD.—The
administering authority and the Commission shall