PUBLIC LAW 98-573-OCT. 30, 1984 98 STAT. 3025 there appears to be sufficient information available upon which the determination can reasonably be based, to disclose to the petitioner and any interested party, then a party to the proceedings that requests such disclosure, all available nonconfidential information and all other information which is disclosed pursuant to section 777. Within 3 days (not counting Saturdays, Post, p. 3038. Sundays, or legal public holidays) after such disclosure, the petitioner and each party which is an interested party described in subparagraph (C), (D), (E), or (F) of section 771(9) to whom Post, p. 3033. such disclosure was made may furnish to the administering authority an irrevocable written waiver of verification of the information received by the authority, and an agreement that it is willing to have a determination made on the basis of the record then available to the authority. If a timely waiver and agreement have been received from the petitioner and each party which is an interested party described in subparagraph (C), (D), (E), or (F) of section 771(9) to whom the disclosure was made, and the authority finds that sufficient information is then available upon which the preliminary determination can reasonably be based, a preliminary determination shall be made on an expedited basis on the basis of the record established during the first 50 days after the investigation was initiated.". SEC. 604. TERMINATION OR SUSPENSION OF INVESTIGATION. (a) Section 704 (19 U.S.C. 1671c) is amended (1) by amending subsection (a) to read as follows: "(a) TERMINATION OF INVESTIGATION UPON WITHDRAWAL OF PETITION. “(1) IN GENERAL.-Except as provided in paragraphs (2) and (3), 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 or by the administering authority if the investigation was initiated under section 702(a). “(2) SPECIAL RULES FOR QUANTITATIVE AGREEMENTS. RESTRICTION "(A) IN GENERAL.-Subject to subparagraphs (B) and (C), the administering authority may not terminate an investigation under paragraph (1) by accepting, with the government of the country in which the subsidy practice is alleged to occur, an understanding or other kind of agreement to limit the volume of imports into the United States of the merchandise that is subject to the investigation unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest. "(B) PUBLIC INTEREST FACTORS.-In making a decision under subparagraph (A) regarding the public interest, the administering authority shall take into account "(i) whether, based upon the relative impact on consumer prices and the availability of supplies of the merchandise, the agreement would have a greater adverse impact on United States consumers than the imposition of countervailing duties; "(ii) the relative impact on the international economic interests of the United States; and "(iii) the relative impact on the competitiveness of the domestic industry producing the like merchandise, 19 USC 1671a. 98 STAT. 3026 Ante, p. 3024. Post, p. 3033. 19 USC 1671a. Post, p. 3030. PUBLIC LAW 98-573-OCT. 30, 1984 including any such impact on employment and investment in that industry. "(C) PRIOR CONSULTATIONS.-Before making a decision under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with "(i) potentially affected consuming industries; and "(ii) potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not party to the investigation. "(3) LIMITATION ON TERMINATION BY COMMISSION.-The Commission may not terminate an investigation under paragraph (1) before a preliminary determination is made by the administering authority under section 703(b).”; (2) by amending subsection (d) (A) by adding at the end of paragraph (1) the following: "In applying subparagraph (A) with respect to any quantitative restriction agreement under subsection (c), the administering authority shall take into account, in addition to such other factors as are considered necessary or appropriate, the factors set forth in subsection (a)(2)(B) (i), (ii), and (iii) as they apply to the proposed suspension and agreement, after consulting with the appropriate consuming industries, producers, and workers referred to in subsection (a)(2)(C) (i) and (ii).”. (B) by striking out paragraph (2), and (C) by redesignating paragraph (3) as paragraph (2); (3) by amending subsection (e)(3), by striking out "all parties to the investigation" and inserting in lieu thereof "all interested parties described in section 771(9)"; (4) by amending subsection (i)(1)— (A) by striking out "and" at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), and (C) by inserting immediately after subparagraph (C) the following new subparagraph: "(D) if it considers the violation to be international, notify the Commissioner of Customs who shall take appropriate action under paragraph (2), and"; and (5) by adding at the end thereof the following new subsection: "(k) TERMINATION OF INVESTIGATIONS INITIATED BY ADMINISTERING AUTHORITY. The administering authority may terminate any investigation initiated by the administering authority under section 702(a) after providing notice of such termination to all parties to the investigation.". (b) Section 734 (19 U.S.C. 1673c) is amended (1) by amending subsection (a) to read as follows: "(a) TERMINATION OF INVESTIGATION UPON WITHDRAWAL OF PETITION. "(1) IN GENERAL.-Except as provided in paragraphs (2) and (3), 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 or by the administering authority if the investigation was initiated under section 732(a). “(2) SPECIAL RULES FOR QUANTITATIVE AGREEMENTS. RESTRICTION PUBLIC LAW 98-573-OCT. 30, 1984 "(A) IN GENERAL.-Subject to subparagraphs (B) and (C), the administering authority may not terminate an investigation under paragraph (1) by accepting an understanding or other kind of agreement to limit the volume of imports into the United States of the merchandise that is subject to the investigation unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest. “(B) PUBLIC INTEREST FACTORS.—In making a decision under subparagraph (A) regarding the public interest the administering authority shall take into account "(i) whether, based upon the relative impact on consumer prices and the availability of supplies of the merchandise, the agreement would have a greater adverse impact on United States consumers than the imposition of antidumping duties; "(ii) the relative impact on the international economic interests of the United States; and "(iii) the relative impact on the competitiveness of the domestic industry producing the like merchandise, including any such impact on employment and investment in that industry. "(C) PRIOR CONSULTATIONS. Before making a decision under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with "(i) potentially affected consuming industries; and "(ii) potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not party to the investigation. "(3) LIMITATION ON TERMINATION BY COMMISSION.-The Commission may not terminate an investigation under paragraph (1) before a preliminary determination is made by the administering authority under section 733(b)."; (2) by amending subsection (d) to read as follows: "(d) ADDITIONAL RULES AND CONDITIONS.-The administering authority may not accept an agreement under subsection (b) or (c) unless "(1) it is satisfied that suspension of the investigation is in the public interest, and "(2) effective monitoring of the agreement by the United States is practicable."; (3) by amending subsection (e)(3) by striking out "all parties to the investigation" and inserting in lieu thereof "all interested parties described in section 771(9)"; (4) by amending subsection (i)(1)— (A) by striking out “and” at the end of subparagraph (C), (B) by redesignating subparagraph (D) as subparagraph (E), and (C) by inserting immediately after subparagraph (C) the following new subparagraph: "(D) if it considers the violation to be intentional, notify the Commissioner of Customs who shall take appropriate action under paragraph (2), and"; and (5) by adding at the end thereof the following new subsection: 98 STAT. 3027 19 USC 1673b. Post, p. 3033. 98 STAT. 3028 Post, p. 3030. 19 USC 1671b. Ante, p. 3024. 19 USC 1673b. PUBLIC LAW 98-573-OCT. 30, 1984 "(k) TERMINATION OF INVESTIGATION INITIATED BY ADMINISTERING AUTHORITY.-The administering authority may terminate any investigation initiated by the administering authority under section 732(a) after providing notice of such termination to all parties to the investigation.". SEC. 605. FINAL DETERMINATION OF CRITICAL CIRCUMSTANCES. (a)(1) Section 705(a)(2) (19 U.S.C. 1671d(a)(2)) is amended by adding at the end thereof the following new sentence: "Such findings may be affirmative even though the preliminary determination under section 703(e)(1) was negative.". (2) Section 705(c) is amended by adding at the end thereof the following new paragraph: "(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSECTION (a)(2).—If the determination of the administering authority under subsection (a)(2) is affirmative, then the administering authority shall— "(A) in cases where the preliminary determinations by the administering authority under sections 703(b) and 703(e)(1) were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, bond, or other security previously ordered under section 703(e)(2); "(B) in cases where the preliminary determination by the administering authority under section 703(b) was affirmative, but the preliminary determination under section 703(e)(1) was negative, shall modify any suspension of liquidation and security requirement previously ordered under section 703(d) to apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or "(C) in cases where the preliminary determination by the administering authority under section 703(b) was negative, shall apply any suspension of liquidation and security requirement ordered under subsection 705(c)(1)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.". (3) Section 705(c)(3)(A) is amended by inserting "paragraph (4) or” after "under". (b)(1) Section 735(a)(3) (19 U.S.C. 1673d(a)(3)) is amended by adding at the end thereof the following new sentence: "Such findings may be affirmative even though the preliminary determination under section 733(e)(1) was negative.". (2) Section 735(c) is amended by adding at the end thereof the following new paragraph: "(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSECTION (a)(3).—If the determination of the administering authority under subsection (a)(3) is affirmative, then the administering authority shall "(A) in cases where the preliminary determinations by the administering authority under sections 733(b) and 733(e)(1) were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, PUBLIC LAW 98-573-OCT. 30, 1984 bond, or other security previously ordered under section "(B) in cases where the preliminary determination by the "(C) in cases where the preliminary determination by the administering authority under section 733(b) was negative, shall apply any suspension of liquidation and security requirement ordered under subsection 735(c)(1)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.". (3) Section 735(c)(3)(A) is amended by inserting "paragraph (4) or" after "under". SEC. 606. SIMULTANEOUS INVESTIGATIONS. Section 705(a)(1) (19 U.S.C. 1671d(a)(1)) is amended to read as follows: 98 STAT. 3029 19 USC 1673b. 19 USC 1673d. “(1) IN GENERAL.-Within 75 days after the date of the preliminary determination under section 703(b), the administering Ante, p. 3024. authority shall make a final determination of whether or not a subsidy is being provided with respect to the merchandise; except that when an investigation under this subtitle is initiated simultaneously with an investigation under subtitle B, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under subtitle B.". SEC. 607. COUNTERVAILING DUTIES APPLY ON COUNTRY-WIDE BASIS. (1) by redesignating paragraphs (2) and (3) as paragraphs (3) (2) by adding after paragraph (1) the following new paragraph: "(2) shall presumptively apply to all merchandise of such class or kind exported from the country investigated, except that if— "(A) the administering authority determines there is a significant differential between companies receiving subsidy benefits, or (B) a State-owned enterprise is involved, the order may provide for differing countervailing duties,". SEC. 608. CONDITIONAL PAYMENT OF COUNTERVAILING DUTIES. Subtitle A of title VII is amended by adding at the end thereof the following new section: 19 USC 1673. |