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quantities of the product during each of
the 2 years preceding the date the petition
is filed, or
‘‘(ii) 
the 
administering 
authority
finds, on the basis of available information
(without regard to whether such informa-
tion is available as part of the petition
under review), that the product is not pro-
duced in the United States; or
‘‘(B) the 30th day after the date the peti-
tion is filed if clause (i) or (ii) of subparagraph
(A) does not apply, except that if a petition
under this section is received more than 30
days before the issuance of an antidumping or
countervailing duty order with respect to the
product, the administering authority may make
a short-supply determination at the time and as
part of such order.
‘‘(3) REBUTTABLE PRESUMPTION.—If a peti-
tion is filed under this section, there shall be a re-
buttable presumption that the short-supply situation
alleged in the petition exists.
‘‘(4) SHORT-SUPPLY ALLOWANCE UPON FAIL-
URE OF A DOMESTIC PRODUCER TO SUPPLY.—If the
administering authority determines that a short-sup-
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ply situation does not exist because a producer in
the United States states that it is willing and able
to supply the product in the quantity requested at
the specifications, price, and delivery date requested,
and the producer fails to supply the product as
promised, the administering authority shall, within 3
days of being notified of the failure, grant a short-
supply allowance for the quantity the domestic pro-
ducer failed to supply.
‘‘(e) NOTICE.—The administering authority shall
publish in the Federal Register notice of each determina-
tion made under this section and the reasons therefore.
‘‘(f) DEFINITIONS AND SPECIAL RULES.—For pur-
poses of this section:
‘‘(1) INTERESTED
PARTY.—The term ‘inter-
ested party’ means—
‘‘(A) 
a 
United 
States 
producer 
or
consumer of the product;
‘‘(B) a United States importer or distribu-
tor of the product; and
‘‘(C) a foreign exporter or producer who
will supply the product to a United States pro-
ducer, consumer, importer, or distributor.
‘‘(2) PRODUCT.—The term ‘product’ means the
product for which a short-supply allowance is re-
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quested, or material which possesses the same phys-
ical characteristics and performance standards and
which can be used for the same application without
imposing any significant alteration costs for the
consumer.
‘‘(3) REASONABLE SPECIFICATIONS.—The term
‘reasonable specifications’ means specifications that
are developed in the ordinary course of business.
The administering authority shall apply a rebuttable
presumption that specifications are reasonable when-
ever such specifications have been in use either—
‘‘(A) prior to the filing of an antidumping
or countervailing duty petition; or
‘‘(B) more than two years.
‘‘(4) ERODE
THE
PRICING
STRUCTURE.—The
term ‘erode the pricing structure’ means United
States prices for the domestic merchandise com-
parable to the class or kind of merchandise subject
to an order or finding will be suppressed by reason
of the importation of specified quantities of the
product pursuant to a short supply allowance. The
Secretary shall apply a rebuttable presumption that
the imported product will not erode the pricing
structure of the comparable domestic merchandise
whenever—
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‘‘(A) no United States producers have pro-
duced a product meeting the reasonable speci-
fications within the last six months, nor have
any United States producers either qualified to
supply products meeting such specifications (if
such qualification is normally required) or
signed contracts that would require the delivery
of such products within the next six months; or
‘‘(B) domestic consumption of the product
exceeds domestic production by more than fifty
percent, and the quantity of product covered by
a short supply determination is less than half of
the difference between domestic consumption
and domestic production.
In considering whether a short-supply determination
would erode the pricing structure, the administering
authority shall consider, among other factors—
(A) the quantity of short supply relief ap-
proved within the applicable class or kind of
merchandise; and
(B) the interchangeability between prod-
ucts subject to short-supply determinations and
other products within the applicable class or
kind of merchandise.
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‘‘(5) SHORT-SUPPLY
ALLOWANCE.—The term
‘short-supply allowance’ means an authorization by
the administering authority to permit importation
into the United States, including a foreign trade
zone, of a quantity of product free of duties imposed
pursuant to an antidumping or countervailing duty
order issued under this title.’’.
(b) CLERICAL AMENDMENT.—The table of contents
for title VII of the Tariff Act of 1930 is amended by in-
serting after the item relating to section 751 the following
new item:
‘‘Sec. 752. Exceptions for short-supply situations.’’.
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