PETITION AND PRELIMINARY DETERMINATION.

SEC. 212. PETITION AND PRELIMINARY DETERMINATION. (a) General Requirements.— (1) Countervailing duty petition.—Section 702(c) (19 U.S.C. 1671a(c)) is amended to read as follows: “(c) Petition Determination.— “(1) In general.— “(A) Time for initial determination.—Except as provided in subparagraph (B), within 20 days after the date 108 STAT. 4844on which a petition is filed under subsection (b), the administering authority shall— “(i) after examining, on the basis of sources readily available to the administering authority, the accuracy and adequacy of the evidence provided in the petition, determine whether the petition alleges the elements necessary for the imposition of a duty under section 701(a) and contains information reasonably available to the petitioner supporting the allegations, and “(ii) determine if the petition has been filed by or on behalf of the industry. “(B) Extension of time.—In any case in which the administering authority is required to poll or otherwise determine support for the petition by the industry under paragraph (4)(D), the administering authority may, in exceptional circumstances, apply subparagraph (A) by substituting ‘a maximum of 40 days’ for ‘20 days’. “(C) Time limits where petition involves same merchandise as an order that has been revoked.—If a petition is filed under this section with respect to merchandise that was the subject merchandise of— “(i) a countervailing duty order that was revoked • under section 751(d) in the 24 months preceding the date the petition is filed, or “(ii) a suspended investigation that was terminated under section 751(d) in the 24 months preceding the date the petition is filed, the administering authority and the Commission shall, to the maximum extent practicable, expedite any investigation initiated under this section with respect to the petition. “(2) Affirmative determinations.—If the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative, the administering authority shall initiate an investigation to determine whether a countervailable subsidy is being provided with respect to the subject merchandise. “(3) Negative determinations.—If the determination under clause (i) or (ii) of paragraph (1)(A) is negative, the administering authority shall dismiss the petition, terminate the proceeding, and notify the petitioner in writing of the reasons for the determination. “(4) Determination of industry support.— “(A) General rule.—For purposes of this subsection, the administering authority shall determine that the petition has been filed by or on behalf of the industry, if— “(i) the domestic producers or workers who support the petition account for at least 25 percent of the total production of the domestic like product, and “(ii) the domestic producers or workers who support the petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for or opposition to the petition. “(B) Certain positions disregarded.— “(i) Producers related to foreign producers.—In determining industry support under subparagraph (A), the administering authority shall disregard the position of domestic producers who oppose the petition,108 STAT. 4845if such producers are related to foreign producers, as defined in section 771(4)(B)(ii), unless such domestic producers demonstrate that their interests as domestic producers would be adversely affected by the imposition of a countervailing duty order. “(ii) Producers who are importers.—The administering authority may disregard the position of domestic producers of a domestic like product who are importers of the subject merchandise. “(C) Special rule for regional industries.—If the petition alleges that the industry is a regional industry, the administering authority shall determine whether the petition has been filed by or on behalf of the industry by applying subparagraph (A) on the basis of production in the region. “(D) Polling the industry.—If the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the administering authority shall— “(i) poll the industry or rely on other information in order to determine if there is support for the petition as required by subparagraph (A), or “(ii) if there is a large number of producers in the industry, the administering authority may determine industry support for the petition by using any statistically valid sampling method to poll the industry. “(E) Comments by interested parties.—Before the administering authority makes a determination with respect to initiating an investigation, any person who would qualify as an interested party under section 771(9) if an investigation were initiated, may submit comments or information on the issue of industry support After the administering authority makes a determination with respect to initiating an investigation, the determination regarding industry support shall not be reconsidered. “(5) Definition of domestic producers or workers.—For purposes of this subsection, the term ‘domestic producers or workers’ means those interested parties who are eligible to file a petition under subsection (b)(l)(A).”. (2) Antidumping duty petition.—Section 732(c) (19 U.S.C. 1673a(c)) is amended to read as follows: “(c) Petition Determination.— “(1) In general.— “(A) Time for initial determination.—Except as provided in subparagraph (B), within 20 days after the date on which a petition is filed under subsection (b), the administering authority shall— “(i) after examining, on the basis of sources readily available to the administering authority, the accuracy and adequacy of the evidence provided in the petition, determine whether the petition alleges the elements necessary for the imposition of a duty under section 731 and contains information reasonably available to the petitioner supporting the allegations, and “(ii) determine if the petition has been filed by or on behalf of the industry. 108 STAT. 4846 “(B) Extension of time.—In any case in which the administering authority is required to poll or otherwise determine support for the petition by the industry under paragraph (4)(D), the administering authority may, in exceptional circumstances, apply subparagraph (A) by substituting ‘a maximum of 40 days’ for ‘20 days’. “(C) Time limits where petition involves same merchandise as an order that has been revoked.—If a petition is filed under this section with respect to merchandise that was the subject merchandise of— “(i) an antidumping duty order or finding that was revoked under section 751(d) in the 24 months preceding the date the petition is filed, or “(ii) a suspended investigation that was terminated under section 751(d) in the 24 months preceding the date the petition is filed, the administering authority and the Commission shall, to the maximum extent practicable, expedite any investigation initiated under this section with respect to the petition. “(2) Affirmative determinations.—If the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative, the administering authority shall initiate an investigation to determine whether the subject merchandise is being, or is likely to be, sold in the United States at less than its fair value. “(3) Negative determinations.—If the determination under clause (i) or (ii) of paragraph (1)(A) is negative, the administering authority shall dismiss the petition, terminate the proceeding, and notify the petitioner in writing of the reasons for the determination. “(4) Determination of industry support.— “(A) General rule.—For purposes of this subsection, the administering authority shall determine that the petition has been filed by or on behalf of the industry, if— “(i) the domestic producers or workers who support the petition account for at least 25 percent of the total production of the domestic like product, and “(ii) the domestic producers or workers who support the petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for or opposition to the petition. “(B) Certain positions disregarded.— “(i) Producers related to foreign producers.—In determining industry support under subparagraph (A), the administering authority shall disregard the position of domestic producers who oppose the petition, if such producers are related to foreign producers, as defined in section 771(4)(B)(ii), unless such domestic producers demonstrate that their interests as domestic producers would be adversely affected by the imposition of an antidumping duty order. “(ii) Producers who are importers.—The administering authority may disregard the position of domestic producers of a domestic like product who are importers of the subject merchandise. “(C) Special rule for regional industries.—If the petition alleges the industry is a regional industry, the 108 STAT. 4847administering authority shall determine whether the petition has been filed by or on behalf of the industry by applying subparagraph (A) on the basis of production in the region. “(D) Polling the industry.—If the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the administering authority shall— “(i) poll the industry or rely on other information in order to determine if there is support for the petition as required by subparagraph (A), or “(ii) if there is a large number of producers in the industry, the administering authority may determine industry support for the petition by using any statistically valid sampling method to poll the industry. “(E) Comments by interested parties.—Before the administering authority makes a determination with respect to initiating an investigation, any person who would qualify as an interested party under section 771(9) if an investigation were initiated, may submit comments or information on the issue of industry support After the administering authority makes a determination with respect to initiating an investigation, the determination regarding industry support shall not be reconsidered. “(5) Definition of domestic producers or workers.—For purposes of this subsection, the term ‘domestic producers or workers’ means those interested parties who are eligible to file a petition under subsection (b)(l)(A).”. (b) Determination by the Commission of Reasonable Indication of Injury; Preliminary Determination by the Administering Authority.— (1) Countervailing duty investigations — (A) Section 703(a) (19 U.S.C. 1671b(a)) is amended to read as follows: “(a) Determination by Commission of Reasonable Indication of Injury.— “(1) General rule.— Except in the case of a petition dismissed by the administering authority under section 7O2(c)(3), the Commission, within the time specified in paragraph (2), shall determine, based on the information available to it at the time of the determination, whether there is a reasonable indication that— “(A) an industry in the United States— “(i) is materially injured, or “(ii) is threatened with material injury, or “(B) the establishment of an industry in the United States is materially retarded, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible. If the Commission finds that imports of the subject merchandise are negligible or otherwise makes a negative determination under this paragraph, the investigation shall be terminated. “(2) Time for commission determination.—The Commission shall make the determination described in paragraph (1)— “(A) in the case of a petition filed under section 702(b)— 108 STAT. 4848 “(i) within 45 days after the date on which the petition is filed, or “(ii) if the time has been extended pursuant to section 702(c)(l)(B), within 25 days after the date on which the Commission receives notice from the administering authority of initiation of the investigation, and “(B) in the case of an investigation initiated under section 702(a), within 45 days after the date on which the Commission receives notice from the administering authority that an investigation has been initiated under such section.”. (B) Section 705(b)(1) (19 U.S.C. 1671d(b)(1)) is amended by adding at the end the following: “If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated”. (C) Section 703(b) (19 U.S.C. 1671b(b)) is amended— (i) in paragraph (1)— (I) by striking “85 days after the date on which the petition is filed under section 702(b)” and inserting “65 days after the date on which the administering authority initiates an investigation under section 702(c)”; (II) by striking “best information” and inserting “information”; and (III) by striking the last sentence; and (ii) in paragraph (2), by striking “85 days after the date on which the petition is filed under section 702(b)” and inserting “65 days after the date on which the administering authority initiates an investigation under section 702(c)”. (D) Section 703(c)(1) (19 U.S.C. 1671b(c)) is amended by striking “150th day after the date on which a petition is filed under section 702(b)” and inserting “130th day after the date on which the administering authority initiates an investigation under section 702(c)”. (E) Section 702(b)(3) (19 U.S.C. 1671a(b)(3)) is amended by striking “twenty days” and inserting “5 days after the date on which the administering authority initiates an investigation under subsection (c),”. (F) Section 703(f) (19 U.S.C. 1671b(f)) is amended to read as follows: “(f) Notice of Determination.—Whenever the Commission or the administering authority makes a determination under this section, the Commission or the administering authority, as the case may be, shall notify the petitioner, and other parties to the investigation, and the Commission or the administering authority (whichever is appropriate) of its determination. The administering authority shall include with such notification the facts and conclusions on which its determination is based. Not later than 5 days after the date on which the determination is required to be made under subsection (a)(2), the Commission shall transmit to the administering authority the facts and conclusions on which its determination is based.”. (2) Antidumping duty investigations.— (A) Section 733(a) (19 U.S.C. 1673b(a)) is amended to read as follows: 108 STAT. 4849 “(a) Determination by Commission of Reasonable Indication of Injury.— “(1) General rule.— Except in the case of a petition dismissed by the administering authority under section 732(c)(3), the Commission, within the time specified in paragraph (2), shall determine, based on the information available to it at the time of the determination, whether there is a reasonable indication that— “(A) an industry in the United States— “(i) is materially injured, or “(ii) is threatened with material injury, or “(B) the establishment of an industry in the United States is materially retarded, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negligible. If the Commission finds that imports of the subject merchandise are negligible or otherwise makes a negative determination under this paragraph, the investigation shall be terminated. “(2) Time for commission determination.—The Commission shall make the determination described in paragraph (1)— “(A) in the case of a petition filed under section 732(b)— “(i) within 45 days after the date on which the petition is filed, or “(ii) if the time has been extended pursuant to section 732(c)(l)(B), within 25 days after the date on which the Commission receives notice from the administering authority of initiation of the investigation, and “(B) in the case of an investigation initiated under section 732(a), within 45 days after the date on which the Commission receives notice from the administering authority that an investigation has been initiated under such section.”. (B) Section 735(b)(1) (19 U.S.C. 1673d(b)(1|)) is amended by adding at the end the following: “If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated.”. (C) Section 733(b)(1) (19 U.S.C. 1673b(b)(l)) is amended— (i) in subparagraph (A)— (I) by striking “160 days after the date on which a petition is filed under section 732(b)” and inserting “140 days after the date on which the administering authority initiates an investigation under section 732(c)”; and (II) by striking “best information” and inserting “information”; and (ii) in subparagraph (B)— (I) by striking “120” and inserting “100”; (II) by striking “160” and inserting “140”; (III) by striking “100” and inserting “80”; and (IV) by striking “160” and inserting “140”. (D) Section 733(c)(l) (19 U.S.C. 1673b(c)(l)) is amended by striking “210th day after the date on which a petition is filed under section 732(b)” and inserting “190th day after the date on which the administering authority initiates an investigation under section 732(c)”. 108 STAT. 4850 (E) Section 733(f) (19 U.S.C. 1673b(f)) is amended to read as follows: “(f) Notice of Determination.—Whenever the Commission or the administering authority makes a determination under this section, the Commission or the administering authority, as the case may be, shall notify the petitioner, and other parties to the investigation, and the Commission or the administering authority (whichever is appropriate) of its determination The administering authority shall include with such notification the facts and conclusions on which its determination is based. Not later than 5 days after the date on which the determination is required to be made under subsection (a)(2), the Commission shall transmit to the administering authority the facts and conclusions on which its determination is based.”.