19 U.S.C. § 1675b — Special rules for injury investigations

Page 377 TITLE 19—CUSTOMS DUTIES § 1675b 1 See References in Text note below. under subsection (a) or (b)(1) of section 1675 of this title. (4) Special rule (A) Treatment of zero or de minimis margins A dumping margin described in paragraph (1)(A) that is zero or de minimis shall not by itself require the administering authority to determine that revocation of an anti- dumping duty order or termination of a sus- pended investigation would not be likely to lead to continuation or recurrence of sales at less than fair value. (B) Application of de minimis standards For purposes of this paragraph, the admin- istering authority shall apply the de mini- mis standards applicable to reviews con- ducted under subsections (a) and (b) of sec- tion 1675 of this title. (June 17, 1930, ch. 497, title VII, § 752, as added Pub. L. 103–465, title II, § 221(a), Dec. 8, 1994, 108 Stat. 4865.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 investigations, reviews, and inquiries initiated and petitions filed under speci- fied provisions of this chapter after such date, see sec- tion 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title. § 1675b. Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investiga- tions (a) In general (1) Investigation by the commission upon re- quest In the case of a countervailing duty order described in paragraph (2), which— (A) applies to merchandise that is the product of a Subsidies Agreement country, and (B)(i) is in effect on the date on which such country becomes a Subsidies Agreement country, or (ii) is issued on a date that is after the date described in clause (i) pursuant to a court order in an action brought under sec- tion 1516a of this title, the Commission, upon receipt of a request from an interested party described in section 1677(9)(C), (D), (E), (F), or (G) of this title for an injury investigation with respect to such order, shall initiate an investigation and shall determine whether an industry in the United States is likely to be materially injured by reason of imports of the subject merchandise if the order is revoked. (2) Description of countervailing duty orders A countervailing duty order described in this paragraph is an order issued under section 1303 1 of this title or section 1671(c) of this title with respect to which the requirement of an affirmative determination of material injury was not applicable at the time such order was issued. (3) Requirements of request for investigation A request for an investigation under this subsection shall be submitted— (A) in the case of an order described in paragraph (1)(B)(i), within 6 months after the date on which the country described in paragraph (1)(A) becomes a Subsidies Agree- ment country, or (B) in the case of an order described in paragraph (1)(B)(ii), within 6 months after the date the order is issued. (4) Suspension of liquidation With respect to entries of subject merchan- dise made on or after— (A) in the case of an order described in paragraph (1)(B)(i), the date on which the country described in paragraph (1)(A) be- comes a Subsidies Agreement country, or (B) in the case of an order described in paragraph (1)(B)(ii), the date on which the order is issued, liquidation shall be suspended at the cash de- posit rate in effect on the date described in subparagraph (A) or (B) (whichever is applica- ble). (b) Investigation procedure and schedule (1) Commission procedure (A) In general Except as otherwise provided in this sec- tion, the provisions of this subtitle regard- ing evidence in and procedures for investiga- tions conducted under part I of this subtitle shall apply to investigations conducted by the Commission under this section. (B) Time for Commission determination Except as otherwise provided in subpara- graph (C), the Commission shall issue its de- termination under subsection (a)(1), to the extent possible, not later than 1 year after the date on which the investigation is initi- ated under this section. (C) Special rule to permit administrative flexibility In the case of requests for investigations received under this section within 1 year after the date on which the WTO Agreement enters into force with respect to the United States, the Commission may, after con- sulting with the administering authority, initiate its investigations in a manner that results in determinations being made in all such investigations during the 4-year period beginning on such date. (2) Net countervailable subsidy; nature of sub- sidy (A) Net countervailable subsidy The administering authority shall provide to the Commission the net countervailable subsidy that is likely to prevail if the order which is the subject of the investigation is revoked. The administering authority nor- mally shall choose a net countervailable Page 378 TITLE 19—CUSTOMS DUTIES § 1675b subsidy that was determined under section 1671d of this title or subsection (a) or (b)(1) of section 1675 of this title. If the Commis- sion considers the magnitude of the net countervailable subsidy in making its deter- mination under this section, the Commis- sion shall use the net countervailable sub- sidy provided by the administering author- ity. (B) Nature of subsidy The administering authority shall inform the Commission of, and the Commission, in making its determination under this sec- tion, shall consider, the nature of the countervailable subsidy and whether the countervailable subsidy is a subsidy de- scribed in Article 3 or Article 6.1 of the Sub- sidies Agreement. (3) Effect of Commission determination (A) Affirmative determination Upon being notified by the Commission that it has made an affirmative determina- tion under subsection (a)(1)— (i) the administering authority shall order the termination of the suspension of liquidation required pursuant to sub- section (a)(4), and (ii) the countervailing duty order shall remain in effect until revoked, in whole or in part, under section 1675(d) of this title. For purposes of section 1675(c) of this title, a countervailing duty order described in this section shall be treated as issued on the date of publication of the Commission’s deter- mination under this subsection. (B) Negative determination (i) In general Upon being notified by the Commission that it has made a negative determination under subsection (a)(1), the administering authority shall revoke the countervailing duty order, and shall refund, with interest, any estimated countervailing duties col- lected during the period liquidation was suspended pursuant to subsection (a)(4). (ii) Limitation on negative determination A determination by the Commission that revocation of the order is not likely to re- sult in material injury to an industry by reason of imports of the subject merchan- dise shall not be based, in whole or in part, on any export taxes, duties, or other charges levied on the export of the subject merchandise to the United States that were specifically intended to offset the countervailable subsidy received. (4) Countervailing duty orders with respect to which no request for injury investigation is made If, with respect to a countervailing duty order described in subsection (a), a request for an investigation is not made within the time required by subsection (a)(3), the Commission shall notify the administering authority that a negative determination has been made under subsection (a) and the provisions of paragraph (3)(B) shall apply with respect to the order. (c) Pending and suspended countervailing duty investigations If, on the date on which a country becomes a Subsidies Agreement country, there is a coun- tervailing duty investigation in progress or sus- pended under section 1303 1 of this title or sec- tion 1671(c) of this title that applies to merchan- dise which is a product of that country and with respect to which the requirement of an affirma- tive determination of material injury was not applicable at the time the investigation was ini- tiated, the Commission shall— (1) in the case of an investigation in progress, make a final determination under section 1671d(b) of this title within 75 days after the date of an affirmative final deter- mination, if any, by the administering author- ity, (2) in the case of a suspended investigation to which section 1671c(i)(1)(B) of this title ap- plies, make a final determination under sec- tion 1671d(b) of this title within 120 days after receiving notice from the administering au- thority of the resumption of the investigation pursuant to section 1671c(i) of this title, or within 45 days after the date of an affirmative final determination, if any, by the admin- istering authority, whichever is later, or (3) in the case of a suspended investigation to which section 1671c(i)(1)(C) of this title ap- plies, treat the countervailing duty order issued pursuant to such section as if it were— (A) an order issued under subsection (a)(1)(B)(ii) for purposes of subsection (a)(3); and (B) an order issued under subsection (a)(1)(B)(i) for purposes of subsection (a)(4). (d) Publication in Federal Register The administering authority or the Commis- sion, as the case may be, shall publish in the Federal Register a notice of the initiation of any investigation, and a notice of any deter- mination or revocation, made pursuant to this section. (e) Request for simultaneous expedited review under section 1675(c) (1) General rule (A) Requests for reviews Notwithstanding section 1675(c)(6)(A) of this title and except as provided in subpara- graph (B), an interested party may request a review of an order under section 1675(c) of this title at the same time the party re- quests an investigation under subsection (a), if the order involves the same or comparable subject merchandise. Upon receipt of such request, the administering authority, after consulting with the Commission, shall ini- tiate a review of the order under section 1675(c) of this title. The Commission shall combine such review with the investigation under this section. (B) Exception If the administering authority determines that the interested party who requested an investigation under this section is a related party or an importer within the meaning of section 1677(4)(B) of this title, the admin- Page 379 TITLE 19—CUSTOMS DUTIES § 1675c istering authority may decline a request by such party to initiate a review of an order under section 1675(c) of this title which in- volves the same or comparable subject mer- chandise. (2) Cumulation If a review under section 1675(c) of this title is initiated under paragraph (1), such review shall be treated as having been initiated on the same day as the investigation under this section, and the Commission may, in accord- ance with section 1677(7)(G) of this title, cu- mulatively assess the volume and effect of im- ports of the subject merchandise from all countries with respect to which such inves- tigations are treated as initiated on the same day. (3) Time and procedure for Commission deter- mination The Commission shall render its determina- tion in the investigation conducted under this section at the same time as the Commission’s determination is made in the review under section 1675(c) of this title that is initiated pursuant to this subsection. The Commission shall in all other respects apply the procedures and standards set forth in section 1675(c) of this title to such section 1675(c) of this title reviews. (June 17, 1930, ch. 497, title VII, § 753, as added Pub. L. 103–465, title II, § 271(a), Dec. 8, 1994, 108 Stat. 4918; amended Pub. L. 104–295, § 39, Oct. 11, 1996, 110 Stat. 3540.) Editorial Notes REFERENCES IN TEXT Section 1303 of this title, referred to in subsecs. (a)(2) and (c), is defined in section 1677(26) of this title to mean section 1303 as in effect on the day before Jan. 1, 1995. AMENDMENTS 1996—Pub. L. 104–295, § 39(1), inserted ‘‘or section 1671(c)’’ after ‘‘section 1303’’ in section catchline. Subsecs. (a)(2), (c). Pub. L. 104–295 inserted ‘‘or sec- tion 1671(c) of this title’’ after ‘‘section 1303 of this title’’ and struck out ‘‘under section 1303(a)(2) of this title’’ after ‘‘material injury’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 investigations, reviews and inquiries initiated and petitions filed under speci- fied provisions of this chapter after such date, see sec- tion 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title. 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. § 1675c. Repealed. Pub. L. 109–171, title VII, § 7601(a), Feb. 8, 2006, 120 Stat. 154 Section 1675c, act June 17, 1930, ch. 497, title VII, § 754, as added Pub. L. 106–387, § 1(a) [title X, § 1003(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A–73, related to the continued dumping and subsidy offset. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 109–171, title VII, § 7601(a), Feb. 8, 2006, 120 Stat. 154, provided that the repeal made by section 7601(a) is effective Feb. 8, 2006. PROHIBITION ON COLLECTION OF CERTAIN PAYMENTS MADE UNDER THE CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000. Pub. L. 111–5, div. B, title I, § 1701, Feb. 17, 2009, 123 Stat. 366, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, neither the Secretary of Homeland Secu- rity nor any other person may— ‘‘(1) require repayment of, or attempt in any other way to recoup, any payments described in subsection (b); or ‘‘(2) offset any past, current, or future distributions of antidumping or countervailing duties assessed with respect to imports from countries that are not parties to the North American Free Trade Agreement in an attempt to recoup any payments described in subsection (b). ‘‘(b) PAYMENTS DESCRIBED.—Payments described in this subsection are payments of antidumping or coun- tervailing duties made pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c; repealed by sub- title F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154))) that were— ‘‘(1) assessed and paid on imports of goods from countries that are parties to the North American Free Trade Agreement; and ‘‘(2) distributed on or after January 1, 2001, and be- fore January 1, 2006. ‘‘(c) PAYMENT OF FUNDS COLLECTED OR WITHHELD.— Not later than the date that is 60 days after the date of the enactment of this Act [Feb. 17, 2009], the Sec- retary of Homeland Security shall— ‘‘(1) refund any repayments, or any other recoupment, of payments described in subsection (b); and ‘‘(2) fully distribute any antidumping or counter- vailing duties that the U.S. Customs and Border Pro- tection is withholding as an offset as described in subsection (a)(2). ‘‘(d) LIMITATION.—Nothing in this section shall be construed to prevent the Secretary of Homeland Secu- rity, or any other person, from requiring repayment of, or attempting to otherwise recoup, any payments de- scribed in subsection (b) as a result of— ‘‘(1) a finding of false statements or other mis- conduct by a recipient of such a payment; or ‘‘(2) the reliquidation of an entry with respect to which such a payment was made.’’ DISTRIBUTIONS ON CERTAIN ENTRIES Pub. L. 111–291, title VIII, § 822, Dec. 8, 2010, 124 Stat. 3163, as amended by Pub. L. 111–312, title V, § 504(a), Dec. 17, 2010, 124 Stat. 3308, provided that: ‘‘Notwith- standing section 1701(b) [probably means 7601(b)] of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154 (19 U.S.C. 1675c note) [set out below]) or any other provision of law, no payments shall be distrib- uted under section 754 of the Tariff Act of 1930 [this sec- tion], as in effect on the day before the date of the en- actment of such section 1701 [probably means 7601, which was approved Feb. 8, 2006], with respect to the entries of any goods that are, on the date of the enact- ment of this Act [Dec. 8, 2010]—