19 U.S.C. § 1675 — Administrative review of determinations

Page 369 TITLE 19—CUSTOMS DUTIES § 1675 1 See References in Text note below. Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. PRIOR PROVISIONS A prior section, act June 17, 1930, ch. 497, title VII, § 739, as added July 26, 1979, Pub. L. 96–39, title I, § 101, 93 Stat. 174, related to duties of customs officers, prior to repeal by Pub. L. 98–573, title VI, § 610(a), Oct. 30, 1984, 98 Stat. 3031. AMENDMENTS 1994—Subsec. (b)(2)(B)(ii), (3)(A)(i), (B)(i). Pub. L. 103–465 substituted ‘‘normal value’’ for ‘‘foreign market value’’ and ‘‘export price (or the constructed export price)’’ for ‘‘United States price’’. 1990—Subsec. (a)(1)(B)(v). Pub. L. 101–382 substituted ‘‘Harmonized Tariff Schedule’’ for ‘‘Tariff Schedules’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. § 1673i. Repealed. Pub. L. 98–573, title VI, § 622(a)(1), Oct. 30, 1984, 98 Stat. 3039 Section, act June 17, 1930, ch. 497, title VII, § 740, as added July 26, 1979, Pub. L. 96–39, title I, § 101, 93 Stat. 175, provided that the antidumping duty imposed by section 1673 of this title was to be treated as a normal customs duty for drawback purposes. See section 1677h of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Section repealed effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART III—REVIEWS; OTHER ACTIONS REGARDING AGREEMENTS Editorial Notes CODIFICATION The designation ‘‘PART III’’ was in the original ‘‘Sub- title C’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. SUBPART A—REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN QUANTITATIVE RE- STRICTION AGREEMENTS § 1675. Administrative review of determinations (a) Periodic review of amount of duty (1) In general At least once during each 12-month period beginning on the anniversary of the date of publication of a countervailing duty order under this subtitle or under section 1303 1 of this title, an antidumping duty order under this subtitle or a finding under the Anti- dumping Act, 1921, or a notice of the suspen- sion of an investigation, the administering au- thority, if a request for such a review has been received and after publication of notice of such review in the Federal Register, shall— (A) review and determine the amount of any net countervailable subsidy, (B) review, and determine (in accordance with paragraph (2)), the amount of any anti- dumping duty, and (C) review the current status of, and com- pliance with, any agreement by reason of which an investigation was suspended, and review the amount of any net countervailable subsidy or dumping margin involved in the agreement, and shall publish in the Federal Register the results of such review, together with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed. (2) Determination of antidumping duties (A) In general For the purpose of paragraph (1)(B), the administering authority shall determine— (i) the normal value and export price (or constructed export price) of each entry of the subject merchandise, and (ii) the dumping margin for each such entry. (B) Determination of antidumping or coun- tervailing duties for new exporters and producers (i) In general If the administering authority receives a request from an exporter or producer of the subject merchandise establishing that— (I) such exporter or producer did not export the merchandise that was the subject of an antidumping duty or coun- tervailing duty order to the United States (or, in the case of a regional in- dustry, did not export the subject mer- chandise for sale in the region con- cerned) during the period of investiga- tion, and (II) such exporter or producer is not af- filiated (within the meaning of section 1677(33) of this title) with any exporter or producer who exported the subject mer- chandise to the United States (or in the case of a regional industry, who exported the subject merchandise for sale in the region concerned) during that period, the administering authority shall conduct a review under this subsection to establish an individual weighted average dumping margin or an individual countervailing duty rate (as the case may be) for such ex- porter or producer. (ii) Time for review under clause (i) The administering authority shall com- mence a review under clause (i) in the cal- endar month beginning after— (I) the end of the 6-month period begin- ning on the date of the countervailing duty or antidumping duty order under review, or Page 370 TITLE 19—CUSTOMS DUTIES § 1675 (II) the end of any 6-month period oc- curring thereafter, if the request for the review is made dur- ing that 6-month period. (iii) Time limits The administering authority shall make a preliminary determination in a review conducted under this subparagraph within 180 days after the date on which the review is initiated, and a final determination within 90 days after the date the prelimi- nary determination is issued, except that if the administering authority concludes that the case is extraordinarily com- plicated, it may extend the 180-day period to 300 days and may extend the 90-day pe- riod to 150 days. (iv) Determinations based on bona fide sales Any weighted average dumping margin or individual countervailing duty rate de- termined for an exporter or producer in a review conducted under clause (i) shall be based solely on the bona fide United States sales of an exporter or producer, as the case may be, made during the period cov- ered by the review. In determining wheth- er the United States sales of an exporter or producer made during the period covered by the review were bona fide, the admin- istering authority shall consider, depend- ing on the circumstances surrounding such sales— (I) the prices of such sales; (II) whether such sales were made in commercial quantities; (III) the timing of such sales; (IV) the expenses arising from such sales; (V) whether the subject merchandise involved in such sales was resold in the United States at a profit; (VI) whether such sales were made on an arms-length basis; and (VII) any other factor the admin- istering authority determines to be rel- evant as to whether such sales are, or are not, likely to be typical of those the exporter or producer will make after completion of the review. (C) Results of determinations The determination under this paragraph shall be the basis for the assessment of coun- tervailing or antidumping duties on entries of merchandise covered by the determina- tion and for deposits of estimated duties. (3) Time limits (A) Preliminary and final determinations The administering authority shall make a preliminary determination under subpara- graph (A), (B), or (C) of paragraph (1) within 245 days after the last day of the month in which occurs the anniversary of the date of publication of the order, finding, or suspen- sion agreement for which the review under paragraph (1) is requested, and a final deter- mination under paragraph (1) within 120 days after the date on which the preliminary de- termination is published. If it is not prac- ticable to complete the review within the foregoing time, the administering authority may extend that 245-day period to 365 days and may extend that 120-day period to 180 days. The administering authority may ex- tend the time for making a final determina- tion without extending the time for making a preliminary determination, if such final determination is made not later than 300 days after the date on which the preliminary determination is published. (B) Liquidation of entries If the administering authority orders any liquidation of entries pursuant to a review under paragraph (1), such liquidation shall be made promptly and, to the greatest ex- tent practicable, within 90 days after the in- structions to Customs are issued. In any case in which liquidation has not occurred within that 90-day period, the Secretary of the Treasury shall, upon the request of the affected party, provide an explanation there- of. (C) Effect of pending review under section 1516a In a case in which a final determination under paragraph (1) is under review under section 1516a of this title and a liquidation of entries covered by the determination is enjoined under section 1516a(c)(2) of this title or suspended under section 1516a(g)(5)(C) of this title, the administering authority shall, within 10 days after the final disposition of the review under section 1516a of this title, transmit to the Federal Register for publication the final disposition and issue instructions to the Customs Serv- ice with respect to the liquidation of entries pursuant to the review. In such a case, the 90-day period referred to in subparagraph (B) shall begin on the day on which the admin- istering authority issues such instructions. (4) Absorption of antidumping duties During any review under this subsection ini- tiated 2 years or 4 years after the publication of an antidumping duty order under section 1673e(a) of this title, the administering author- ity, if requested, shall determine whether antidumping duties have been absorbed by a foreign producer or exporter subject to the order if the subject merchandise is sold in the United States through an importer who is af- filiated with such foreign producer or ex- porter. The administering authority shall no- tify the Commission of its findings regarding such duty absorption for the Commission to consider in conducting a review under sub- section (c). (b) Reviews based on changed circumstances (1) In general Whenever the administering authority or the Commission receives information con- cerning, or a request from an interested party for a review of— (A) a final affirmative determination that resulted in an antidumping duty order under this subtitle or a finding under the Anti- Page 371 TITLE 19—CUSTOMS DUTIES § 1675 dumping Act, 1921, or in a countervailing duty order under this subtitle or section 1303 1 of this title, (B) a suspension agreement accepted under section 1671c or 1673c of this title, or (C) a final affirmative determination re- sulting from an investigation continued pur- suant to section 1671c(g) or 1673c(g) of this title, which shows changed circumstances sufficient to warrant a review of such determination or agreement, the administering authority or the Commission (as the case may be) shall conduct a review of the determination or agreement after publishing notice of the review in the Federal Register. (2) Commission review In conducting a review under this sub- section, the Commission shall— (A) in the case of a countervailing duty order or antidumping duty order or finding, determine whether revocation of the order or finding is likely to lead to continuation or recurrence of material injury, (B) in the case of a determination made pursuant to section 1671c(h)(2) or 1673c(h)(2) of this title, determine whether the suspen- sion agreement continues to eliminate com- pletely the injurious effects of imports of the subject merchandise, and (C) in the case of an affirmative deter- mination resulting from an investigation continued under section 1671c(g) or 1673c(g) of this title, determine whether termination of the suspended investigation is likely to lead to continuation or recurrence of mate- rial injury. (3) Burden of persuasion During a review conducted by the Commis- sion under this subsection— (A) the party seeking revocation of an order or finding described in paragraph (1)(A) shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant such revocation, and (B) the party seeking termination of a sus- pended investigation or a suspension agree- ment shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant such termination. (4) Limitation on period for review In the absence of good cause shown— (A) the Commission may not review a de- termination made under section 1671d(b) or 1673d(b) of this title, or an investigation sus- pended under section 1671c or 1673c of this title, and (B) the administering authority may not review a determination made under section 1671d(a) or 1673d(a) of this title, or an inves- tigation suspended under section 1671c or 1673c of this title, less than 24 months after the date of publica- tion of notice of that determination or suspen- sion. (c) Five-year review (1) In general Notwithstanding subsection (b) and except in the case of a transition order defined in paragraph (6), 5 years after the date of publica- tion of— (A) a countervailing duty order (other than a countervailing duty order to which subparagraph (B) applies or which was issued without an affirmative determination of in- jury by the Commission under section 1303 1 of this title), an antidumping duty order, or a notice of suspension of an investigation, described in subsection (a)(1), (B) a notice of injury determination under section 1675b of this title with respect to a countervailing duty order, or (C) a determination under this section to continue an order or suspension agreement, the administering authority and the Commis- sion shall conduct a review to determine, in accordance with section 1675a of this title, whether revocation of the countervailing or antidumping duty order or termination of the investigation suspended under section 1671c or 1673c of this title would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. (2) Notice of initiation of review Not later than 30 days before the fifth anni- versary of the date described in paragraph (1), the administering authority shall publish in the Federal Register a notice of initiation of a review under this subsection and request that interested parties submit— (A) a statement expressing their willing- ness to participate in the review by pro- viding information requested by the admin- istering authority and the Commission, (B) a statement regarding the likely ef- fects of revocation of the order or termi- nation of the suspended investigation, and (C) such other information or industry data as the administering authority or the Commission may specify. (3) Responses to notice of initiation (A) No response If no interested party responds to the no- tice of initiation under this subsection, the administering authority shall issue a final determination, within 90 days after the initi- ation of a review, revoking the order or ter- minating the suspended investigation to which such notice relates. For purposes of this paragraph, an interested party means a party described in section 1677(9)(C), (D), (E), (F), or (G) of this title. (B) Inadequate response If interested parties provide inadequate re- sponses to a notice of initiation, the admin- istering authority, within 120 days after the initiation of the review, or the Commission, within 150 days after such initiation, may issue, without further investigation, a final determination based on the facts available, in accordance with section 1677e of this title. Page 372 TITLE 19—CUSTOMS DUTIES § 1675 (4) Waiver of participation by certain inter- ested parties (A) In general An interested party described in section 1677(9)(A) or (B) of this title may elect not to participate in a review conducted by the ad- ministering authority under this subsection and to participate only in the review con- ducted by the Commission under this sub- section. (B) Effect of waiver In a review in which an interested party waives its participation pursuant to this paragraph, the administering authority shall conclude that revocation of the order or termination of the investigation would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) with respect to that inter- ested party. (5) Conduct of review (A) Time limits for completion of review Unless the review has been completed pur- suant to paragraph (3) or paragraph (4) ap- plies, the administering authority shall make its final determination pursuant to section 1675a(b) or (c) of this title within 240 days after the date on which a review is ini- tiated under this subsection. If the admin- istering authority makes a final affirmative determination, the Commission shall make its final determination pursuant to section 1675a(a) of this title within 360 days after the date on which a review is initiated under this subsection. (B) Extension of time limit The administering authority or the Com- mission (as the case may be) may extend the period of time for making their respective determinations under this subsection by not more than 90 days, if the administering au- thority or the Commission (as the case may be) determines that the review is extraor- dinarily complicated. In a review in which the administering authority extends the time for making a final determination, but the Commission does not extend the time for making a determination, the Commission’s determination shall be made not later than 120 days after the date on which the final de- termination of the administering authority is published. (C) Extraordinarily complicated For purposes of this subsection, the admin- istering authority or the Commission (as the case may be) may treat a review as extraor- dinarily complicated if— (i) there is a large number of issues, (ii) the issues to be considered are com- plex, (iii) there is a large number of firms in- volved, (iv) the orders or suspended investiga- tions have been grouped as described in subparagraph (D), or (v) it is a review of a transition order. (D) Grouped reviews The Commission, in consultation with the administering authority, may group orders or suspended investigations for review if it considers that such grouping is appropriate and will promote administrative efficiency. Where orders or suspended investigations have been grouped, the Commission shall, subject to subparagraph (B), make its final determination under this subsection not later than 120 days after the date that the administering authority publishes notice of its final determination with respect to the last order or agreement in the group. (6) Special transition rules (A) Schedule for reviews of transition orders (i) Initiation The administering authority shall begin its review of transition orders in the 42d calendar month after the date such orders are issued. A review of all transition or- ders shall be initiated not later than the 5th anniversary after the date such orders are issued. (ii) Completion A review of a transition order shall be completed not later than 18 months after the date such review is initiated. Reviews of all transition orders shall be completed not later than 18 months after the 5th an- niversary of the date such orders are issued. (iii) Subsequent reviews The time limits set forth in clauses (i) and (ii) shall be applied to all subsequent 5-year reviews of transition orders by sub- stituting ‘‘date of the determination to continue such orders’’ for ‘‘date such or- ders are issued’’. (iv) Revocation and termination No transition order may be revoked under this subsection before the date that is 5 years after the date the WTO Agree- ment enters into force with respect to the United States. (B) Sequence of transition reviews The administering authority, in consulta- tion with the Commission, shall determine such sequence of review of transition orders as it deems appropriate to promote adminis- trative efficiency. To the extent practicable, older orders shall be reviewed first. (C) ‘‘Transition order’’ defined For purposes of this section, the term ‘‘transition order’’ means— (i) a countervailing duty order under this subtitle or under section 1303 1 of this title, (ii) an antidumping duty order under this subtitle or a finding under the Anti- dumping Act, 1921, or (iii) a suspension of an investigation under section 1671c or 1673c of this title, which is in effect on the date the WTO Agreement enters into force with respect to the United States. (D) Issue date for transition orders For purposes of this subsection, a transi- tion order shall be treated as issued on the Page 373 TITLE 19—CUSTOMS DUTIES § 1675 date the WTO Agreement enters into force with respect to the United States, if such order is based on an investigation conducted by both the administering authority and the Commission. (7) Exclusions from computations (A) In general Subject to subparagraph (B), there shall be excluded from the computation of the 5-year period described in paragraph (1) and the pe- riods described in paragraph (6) any period during which the importation of the subject merchandise is prohibited on account of the imposition, under the International Emer- gency Economic Powers Act [50 U.S.C. 1701 et seq.] or other provision of law, of sanc- tions by the United States against the coun- try in which the subject merchandise origi- nates. (B) Application of exclusion Subparagraph (A) shall apply only with re- spect to subject merchandise which origi- nates in a country that is not a WTO mem- ber. (d) Revocation of order or finding; termination of suspended investigation (1) In general The administering authority may revoke, in whole or in part, a countervailing duty order or an antidumping duty order or finding, or terminate a suspended investigation, after re- view under subsection (a) or (b). The admin- istering authority shall not revoke, in whole or in part, a countervailing duty order or ter- minate a suspended investigation on the basis of any export taxes, duties, or other charges levied on the export of the subject merchan- dise to the United States which are specifi- cally intended to offset the countervailable subsidy received. (2) Five-year reviews In the case of a review conducted under sub- section (c), the administering authority shall revoke a countervailing duty order or an anti- dumping duty order or finding, or terminate a suspended investigation, unless— (A) the administering authority makes a determination that dumping or a countervailable subsidy, as the case may be, would be likely to continue or recur, and (B) the Commission makes a determina- tion that material injury would be likely to continue or recur as described in section 1675a(a) of this title. (3) Application of revocation or termination A determination under this section to re- voke an order or finding or terminate a sus- pended investigation shall apply with respect to unliquidated entries of the subject mer- chandise which are entered, or withdrawn from warehouse, for consumption on or after the date determined by the administering au- thority. (e) Hearings Whenever the administering authority or the Commission conducts a review under this sec- tion, it shall, upon the request of an interested party, hold a hearing in accordance with section 1677c(b) of this title in connection with that re- view. (f) Determination that basis for suspension no longer exists If the determination of the Commission under subsection (b)(2)(B) is negative, the suspension agreement shall be treated as not accepted, be- ginning on the date of publication of the Com- mission’s determination, and the administering authority and the Commission shall proceed, under section 1671c(i) or 1673c(i) of this title, as if the suspension agreement had been violated on that date, except that no duty under any order subsequently issued shall be assessed on merchandise entered, or withdrawn from ware- house, for consumption before that date. (g) Reviews to implement results of subsidies en- forcement proceeding (1) Violations of article 8 of the subsidies agreement If— (A) the administering authority receives notice from the Trade Representative of a violation of Article 8 of the Subsidies Agree- ment, (B) the administering authority has reason to believe that merchandise subject to an ex- isting countervailing duty order or sus- pended investigation is benefiting from the subsidy or subsidy program found to have been in violation of Article 8 of the Sub- sidies Agreement, and (C) no review pursuant to subsection (a)(1) is in progress, the administering authority shall conduct a review of the order or suspended investigation to determine whether the subject merchandise benefits from the subsidy or subsidy program found to have been in violation of Article 8 of the Subsidies Agreement. If the administering authority determines that the subject mer- chandise is benefiting from the subsidy or sub- sidy program, it shall make appropriate ad- justments in the estimated duty to be depos- ited or appropriate revisions to the terms of the suspension agreement. (2) Withdrawal of subsidy or imposition of countermeasures If the Trade Representative notifies the ad- ministering authority that, pursuant to Arti- cle 4 or Article 7 of the Subsidies Agreement— (A)(i) the United States has imposed coun- termeasures, and (ii) such countermeasures are based on the effects in the United States of imports of merchandise that is the subject of a counter- vailing duty order, or (B) a WTO member country has withdrawn a countervailable subsidy provided with re- spect to merchandise subject to a counter- vailing duty order, the administering authority shall conduct a review to determine if the amount of the esti- mated duty to be deposited should be adjusted or the order should be revoked. Page 374 TITLE 19—CUSTOMS DUTIES § 1675 (3) Expedited review The administering authority shall conduct reviews under this subsection on an expedited basis, and shall publish the results of such re- views in the Federal Register. (h) Correction of ministerial errors The administering authority shall establish procedures for the correction of ministerial er- rors in final determinations within a reasonable time after the determinations are issued under this section. Such procedures shall ensure op- portunity for interested parties to present their views regarding any such errors. As used in this subsection, the term ‘‘ministerial error’’ in- cludes errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial. (June 17, 1930, ch. 497, title VII, § 751, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 175; amended Pub. L. 98–573, title VI, § 611(a)(2), (3), Oct. 30, 1984, 98 Stat. 3031; Pub. L. 99–514, title XVIII, § 1886(a)(8), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 100–418, title I, § 1333(b), Aug. 23, 1988, 102 Stat. 1209; Pub. L. 103–465, title II, §§ 220(a), 283(c), Dec. 8, 1994, 108 Stat. 4857, 4930; Pub. L. 106–36, title II, § 2410, June 25, 1999, 113 Stat. 171; Pub. L. 114–125, title IV, § 433, Feb. 24, 2016, 130 Stat. 171.) Editorial Notes REFERENCES IN TEXT Section 1303 of this title, referred to in subsecs. (a)(1), (b)(1)(A), and (c)(1)(A), (6)(C)(i), is defined in section 1677(26) of this title to mean section 1330 as in effect on the day before Jan. 1, 1995. The Antidumping Act, 1921, referred to in subsecs. (a)(1), (b)(1)(A), and (c)(6)(C)(ii), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193. The International Emergency Economic Powers Act, referred to in subsec. (c)(7)(A), is title II of Pub. L. 95–223, Dec. 28, 1977, 91 Stat. 1626, which is classified generally to chapter 35 (§ 1701 et seq.) of Title 50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set out under section 1701 of Title 50 and Tables. AMENDMENTS 2016—Subsec. (a)(2)(B)(iii), (iv). Pub. L. 114–125 added cl. (iv), redesignated former cl. (iv) as (iii), and struck out former cl. (iii). Prior to amendment, text of cl. (iii) read as follows: ‘‘The administering authority shall, at the time a review under this subparagraph is initiated, direct the Customs Service to allow, at the option of the importer, the posting, until the completion of the review, of a bond or security in lieu of a cash deposit for each entry of the subject merchandise.’’ 1999—Subsec. (c)(7). Pub. L. 106–36 added par. (7). 1994—Pub. L. 103–465, § 283(c), added subsec. (g) and re- designated former subsec. (g) as (h). Pub. L. 103–465, § 220(a), amended section generally, substituting present provisions for provisions relating to administrative review of determinations, which pro- vided for periodic review of amount of duty in subsec. (a), review upon information or request in subsec. (b), revocation of countervailing duty order or antidumping duty order in subsec. (c), hearings in subsec. (d), deter- mination that basis for suspension no longer existed in subsec. (e), and correction of ministerial errors in sub- sec. (f). 1988—Subsec. (f). Pub. L. 100–418 added subsec. (f). 1986—Subsec. (b)(1). Pub. L. 99–514 inserted ‘‘or coun- tervailing duty’’ after ‘‘antidumping’’ in two places in last sentence. 1984—Subsec. (a)(1). Pub. L. 98–573, § 611(a)(2)(A), in- serted ‘‘if a request for such a review has been received and’’ in provisions preceding subpar. (A). Subsec. (b)(1). Pub. L. 98–573, § 611(a)(2)(B), substituted ‘‘1671c of this title (other than a quantitative restric- tion agreement described in subsection (a)(2) or (c)(3)) or 1673c of this title (other than a quantitative restric- tion agreement described in subsection (a)(2))’’ for ‘‘1671c or 1673c of this title’’, inserted reference to sec- tion 1676a(a)(1) or 1676a(a)(2) of this title, and inserted provision that during an investigation by the Commis- sion, the party seeking revocation of an antidumping order shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant revocation of the antidumping order. Subsec. (c). Pub. L. 98–573, § 611(a)(3), inserted provi- sion that the administering authority shall not revoke, in whole or in part, a countervailing duty order or ter- minate a suspended investigation on the basis of any export taxes, duties, or other charges levied on the ex- port of merchandise to the United States specifically intended to offset the subsidy received. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 applicable with respect to investigations initiated by petition or by the admin- istering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as a note under section 1671 of this title. EFFECTIVE DATE Part effective Jan. 1, 1980, see section 107 of Pub. L. 96–39, set out as a note under section 1671 of this title. TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. SUSPENSION OF THE AVAILABILITY OF BONDS TO NEW SHIPPERS Pub. L. 109–280, title XIV, § 1632(a), Aug. 17, 2006, 120 Stat. 1165, provided that: ‘‘Clause (iii) of section 751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C. 1675(a)(2)(B)(iii)) shall not be effective during the period beginning on April 1, 2006, and ending on June 30, 2009.’’ PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 Page 375 TITLE 19—CUSTOMS DUTIES § 1675a and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. § 1675a. Special rules for section 1675(b) and 1675(c) reviews (a) Determination of likelihood of continuation or recurrence of material injury (1) In general In a review conducted under section 1675(b) or (c) of this title, the Commission shall deter- mine whether revocation of an order, or termi- nation of a suspended investigation, would be likely to lead to continuation or recurrence of material injury within a reasonably foresee- able time. The Commission shall consider the likely volume, price effect, and impact of im- ports of the subject merchandise on the indus- try if the order is revoked or the suspended in- vestigation is terminated. The Commission shall take into account— (A) its prior injury determinations, includ- ing the volume, price effect, and impact of imports of the subject merchandise on the industry before the order was issued or the suspension agreement was accepted, (B) whether any improvement in the state of the industry is related to the order or the suspension agreement, (C) whether the industry is vulnerable to material injury if the order is revoked or the suspension agreement is terminated, and (D) in an antidumping proceeding under section 1675(c) of this title, the findings of the administering authority regarding duty absorption under section 1675(a)(4) of this title. (2) Volume In evaluating the likely volume of imports of the subject merchandise if the order is re- voked or the suspended investigation is termi- nated, the Commission shall consider whether the likely volume of imports of the subject merchandise would be significant if the order is revoked or the suspended investigation is terminated, either in absolute terms or rel- ative to production or consumption in the United States. In so doing, the Commission shall consider all relevant economic factors, including— (A) any likely increase in production ca- pacity or existing unused production capac- ity in the exporting country, (B) existing inventories of the subject mer- chandise, or likely increases in inventories, (C) the existence of barriers to the impor- tation of such merchandise into countries other than the United States, and (D) the potential for product-shifting if production facilities in the foreign country, which can be used to produce the subject merchandise, are currently being used to produce other products. (3) Price In evaluating the likely price effects of im- ports of the subject merchandise if the order is revoked or the suspended investigation is ter- minated, the Commission shall consider whether— (A) there is likely to be significant price underselling by imports of the subject mer- chandise as compared to domestic like prod- ucts, and (B) imports of the subject merchandise are likely to enter the United States at prices that otherwise would have a significant de- pressing or suppressing effect on the price of domestic like products. (4) Impact on the industry In evaluating the likely impact of imports of the subject merchandise on the industry if the order is revoked or the suspended investiga- tion is terminated, the Commission shall con- sider all relevant economic factors which are likely to have a bearing on the state of the in- dustry in the United States, including, but not limited to— (A) likely declines in output, sales, market share, profits, productivity, return on in- vestments, and utilization of capacity, (B) likely negative effects on cash flow, in- ventories, employment, wages, growth, abil- ity to raise capital, and investment, and (C) likely negative effects on the existing development and production efforts of the industry, including efforts to develop a de- rivative or more advanced version of the do- mestic like product. The Commission shall evaluate all relevant economic factors described in this paragraph within the context of the business cycle and the conditions of competition that are distinc- tive to the affected industry. (5) Basis for determination The presence or absence of any factor which the Commission is required to consider under this subsection shall not necessarily give deci- sive guidance with respect to the Commis- sion’s determination of whether material in- jury is likely to continue or recur within a reasonably foreseeable time if the order is re- voked or the suspended investigation is termi- nated. In making that determination, the Commission shall consider that the effects of revocation or termination may not be immi- nent, but may manifest themselves only over a longer period of time. (6) Magnitude of margin of dumping and net countervailable subsidy; nature of countervailable subsidy In making a determination under section 1675(b) or (c) of this title, the Commission may consider the magnitude of the margin of dumping or the magnitude of the net countervailable subsidy. If a countervailable subsidy is involved the Commission shall con-