48 1 66 (b) In the case of any imported merchandise of a 2 class or kind as to which the Secretary has not so made 5 3 public a finding, he shall, within six months, or in more 4 complicated investigations within nine months, after the question of dumping was raised by or presented to him or 6 any person to whom authority under this section has been 7 delegated 8 9 10 11 12 13 14 15 16 17 18 19 20 "(1) determine whether there is reason to believe or suspect, from the invoice or other papers or from information presented to him or to any other person to whom authority under this section has been delegated, that the purchase price is less, or that the exporter's sales price is less or likely to be less, than the foreign market value (or, in the absence of such value, than the constructed value); and "(2) if his determination is affirmative, publish notice of that fact in the Federal Register, and require, under such regulations as he may prescribe, the withholding of appraisement as to such merchandise entered, or withdrawn from warehouse for consumption, on or after the date of publication of that notice in the Federal 22 Register (unless the Secretary determines that the with holding should be made effective as of an earlier date in which case the effective date of the withholding shall be not more than one hundred and twenty days before 49 17 18 19 the question of dumping was raised by or presented to him or any person to whom authority under this sec tion has been delegated), until the further order of the Secretary, or until the Secretary has made public a find ing as provided for in subsection (a) in regard to such merchandise; or "(3) if his determination is negative, publish notice of that fact in the Federal Register, but the Secretary may within three months thereafter order the withholding of appraisement if he then has reason to believe or suspect, from the invoice or other papers or from in formation presented to him or to any other person to whom authority under this section has been delegated, that the purchase price is less, or that the exporter's sales price is less or likely to be less, than the foreign market value (or, in the absence of such value, than the con structed value) and such order of withholding of ap praisement shall be subject to the provisions of paragraph (2). 20 If, before the expiration of six months, or in more compli21 cated investigations nine months, after the question of dump22 ing was raised or presented to him or any person to whom 23 authority under this section has been delegated, the Secre24 tary concludes that the determination required under para25 graph (1) cannot reasonably be made within such time 50 1 limits, he shall publish notice to that effect in the Federal 2 Register and shall make such determination (and publish 3 the notice required by paragraph (2) or (3)) within 4 twelve months after the question was so raised or presented. 5 For purposes of this subsection the question of dumping shall 6 be deemed to have been raised or presented on the date on 7., which a notice is published in the Federal Register that in8 formation relative to dumping has been received in accord9 ance with regulations prescribed by the Secretary." 10 (b) Section 201 (c) of the Antidumping Act, 1921 11 (19 U.S.C. 160 (c)) is amended to read as follows: 12 "(c) (1) Prior to making any determination pursuant 13 to subsection (a) of this section, the Secretary or the Tariff 14 Commission, as the case may be, shall conduct a hearing on 15 the record at which 16 "(A) any foreign manufacturer or exporter or 17 domestic importer of the foreign merchandise in question T 18 19 20 21 22 23 24 shall have the right to appear by counsel or in person; and "(B) any other person, firm or corporation may make application and, upon good cause shown, may be allowed by the Secretary or the Tariff Commission, as the case may be, to intervene and appear at such hearing by counsel or in person. 66 51 1 “(2) The transcript of the hearing, together with all 2 papers filed in connection with the investigation (including 3 any exhibits and papers to which the Secretary or the Tariff 4 Commission, as the case may be, shall have granted con5 fidential or in camera treatment) constitutes the exclusive 6 record for determination. Notwithstanding any other provi7 sions of law, upon payment of duly prescribed costs, such 8 transcript and papers and requests (other than items to 9 which confidential or in camera treatment has been granted) 10 shall be made available to all persons. 11 15 "(3) The Secretary, upon determining whether for12 eign merchandise is being, or is likely to be, sold in the 13 United States at less than its fair value, and the Tariff Com14 mission, upon making its determination under subsection (a), shall each include in the record and shall publish in 16 the Federal Register, such determination, whether affirma17 tive or negative, together with a statement of findings and 18 conclusions, and the reasons or bases therefor, on all the 19 material issues of fact or law presented on the record. 20 "(4) The hearings provided for hereunder shall be 21 exempt from the provisions of sections 554, 555, 556, and 22 557 of the Act of September 6, 1966 (5 U.S.C. 554-557). 223 (c) Section 203 of the Antidumping Act, 1921 (19 24 U.S.C. 162), is amended to read; 52 1 ❝SEC. 203. PURCHASE PRICE. 2 10 "For the purposes of this section and sections 160-171 3 of this title, the purchase price of imported merchandise 4 shall be the price at which such merchandise has been pur5 chased or agreed to be purchased, prior to the time of exporta6 tion, by the person by whom or for whose account the 7 merchandise is imported, plus, when not included in such 8 price, the cost of all containers and coverings and all other 9 costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United 11 States, less the amount, if any, included in such price, attrib12 utable to any additional costs, charges, and expenses, and 13 United States import duties, incident to bringing the merchandise from the place of shipment in the country of exporta15 tion to the place of delivery in the United States; and less 16 the amount, if included in such price, of any export tax im17 posed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of 19 any import duties imposed by the country of exportation 20 which have been rebated, or which have not been collected, 21 by reason of the exportation of the merchandise to the United 22 States; and plus the amount of any taxes imposed in the coun23 try of exportation directly upon the exported merchandise or 24 components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the mer 14 18 96-006 73 pt. 1 6 |