‘‘(d) PARTIES ELIGIBLE
FOR DISTRIBUTION
OF
ANTIDUMPING
AND
COUNTERVAILING
DUTIES
AS-
SESSED.—
‘‘(1) LIST
OF
AFFECTED
DOMESTIC
PRO-
DUCERS.—The Commission shall forward to the
Commissioner within 60 days after the effective date
of this section in the case of orders or findings in
effect on such effective date, or in any other case,
within 60 days after the date an antidumping or
countervailing duty order or finding is issued, a list
of petitioners and persons with respect to each order
and finding and a list of persons that indicate sup-
port of the petition by letter or through question-
naire response. In those cases in which a determina-
tion of injury was not required or the Commission’s
records do not permit an identification of those in
support of a petition, the Commission shall consult
with the administering authority to determine the
identity of the petitioner and those domestic parties
who have entered appearances during administrative
reviews conducted by the administering authority
under section 751.
‘‘(2) PUBLICATION
OF
LIST.—The Commis-
sioner shall publish in the Federal Register at least
30 days before the distribution of a continued dump-
ing and subsidy offset, a notice of intention to dis-
tribute the offset and the list of affected domestic
producers and adversely affected employees poten-
tially eligible for the distribution based on the list
obtained from the Commission under paragraph (1).
‘‘(3) CERTIFICATION.—
‘‘(A) DOMESTIC
PRODUCER.—The Com-
missioner shall request a certification from each
potentially eligible affected domestic producer—
‘‘(i) that the producer desires to re-
ceive a distribution;
‘‘(ii) that the producer is eligible to
receive the distribution as an affected do-
mestic producer; and
‘‘(iii) the qualifying expenditures in-
curred by the producer since the issuance
of the order or finding for which distribu-
tion under this section has not previously
been made.
‘‘(B) ADVERSELY AFFECTED EMPLOYEE.—
The Commissioner shall request a certification
from each group of potentially eligible adversely
affected employees—
‘‘(i) that the employees are employed
by a domestic producer; and
‘‘(ii) that the conditions described in
subsection (b)(7) exist.
‘‘(4) DISTRIBUTION OF FUNDS.—The Commis-
sioner, in consultation with the Secretary of Labor,
shall distribute all funds (including all interest
earned on the funds) from assessed duties received
in the preceding fiscal year to affected domestic pro-
ducers and adversely affected employees based on
the certifications described in paragraph (3). The
distributions shall be made on a pro rata basis based
on new and remaining qualifying expenditures and
assistance needs.
‘‘(e) SPECIAL ACCOUNTS.—
‘‘(1) ESTABLISHMENTS.—Within 14 days after
the effective date of this section, with respect to
antidumping duty orders and findings and counter-
vailing duty orders in effect on the effective date of
this section, and within 14 days after the date an
antidumping duty order or finding or countervailing
duty order issued after the effective date takes ef-
fect, the Commissioner shall establish in the Treas-
ury of the United States a special account with re-
spect to each such order or finding.
‘‘(2) DEPOSITS INTO ACCOUNTS.—The Commis-
sioner shall deposit into the special accounts, all
antidumping or countervailing duties (including in-
terest earned on such duties) that are assessed after
the effective date of this section under the anti-
dumping order or finding or the countervailing duty
order with respect to which the account was estab-
lished.
‘‘(3) TIME AND MANNER OF DISTRIBUTIONS.—
Consistent with the requirements of subsections (c)
and (d), the Commissioner shall by regulation pre-
scribe the time and manner in which distribution of
the funds in a special account shall made.
‘‘(4) TERMINATION.—A special account shall
terminate after—
‘‘(a) the order or finding with respect to
which the account was established has termi-
nated;
‘‘(B) all entries relating to the order or
finding are liquidated and duties assessed col-
lected;
‘‘(C) the Commissioner has provided notice
and a final opportunity to obtain distribution
pursuant to subsection (c); and
‘‘(D) 90 days has elapsed from the date of
the notice described in subparagraph (C).
Amounts not claimed within 90 days of the date of
the notice described in subparagraph (C), shall be
deposited into the general fund of the Treasury.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents for title VII of the Tariff Act of 1930 is amended
by inserting the following new item after the item relating
to section 753:
‘‘Sec. 754. Continued dumping and subsidy offset.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to all antidumping
and countervailing duty assessments made on or after Oc-
tober 1, 1996.
Æ