CRITICAL CIRCUMSTANCES.

SEC. 214. CRITICAL CIRCUMSTANCES. (a) COUNTERVAILING DUTY INVESTIGATIONS.— (1) Preliminary determinations.—Section 703(e)(1) (19 U.S.C. 1671b(e)(l)) is amended— (A) in the matter preceding subparagraph (A) by striking “best information” and inserting “information”; and (B) by amending subparagraphs (A) and (B) to read as follows: “(A) the alleged countervailable subsidy is inconsistent with the Subsidies Agreement, and “(B) there have been massive imports of the subject merchandise over a relatively short period.”. (2) Final determinations.—(A) Section 705(a)(2) (19 U.S.C. 1671d(a)(2)) is amended— (i) in subparagraph (A) by inserting “Subsidies” before “Agreement”; and (ii) in subparagraph (B) by striking “class or kind of merchandise involved” and inserting “subject merchandise”. (B) Section 705(b)(4)(A) (19 U.S.C. 1671d(b)(4)) is amended to read as follows: “(A) Commission standard for retroactive application.— 108 STAT. 4851 “(i) In general.—If the finding of the administering authority under subsection (a)(2) is affirmative, then the final determination of the Commission shall include a finding as to whether the imports subject to the affirmative determination under subsection (a)(2) are likely to undermine seriously the remedial effect of the countervailing duty order to be issued under section 706. “(ii) Factors to consider.—In making the evaluation under clause (i), the Commission shall consider, among other factors it considers relevant— “(I) the timing and the volume of the imports, “(II) any rapid increase in inventories of the imports, and “(III) any other circumstances indicating that the remedial effect of the countervailing duty order will be seriously undermined.”. (b) Antidumping Investigations.— (1) Preliminary determinations.—Section 733(e)(l) (19 U.S.C. 1673b(e)(1)) is amended— (A) in the matter preceding subparagraph (A) by striking “best information” and inserting “information”; and (B) by amending subparagraphs (A) and (B) to read as follows: “(A)(i) there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or “(ii) the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales, and “(B) there have been massive imports of the subject merchandise over a relatively short period.”. (2) Final determinations.—(A) Section 735(a)(3) (19 U.S.C. 1673d(a)(3)) is amended— (i) in clause (i) of subparagraph (A)— (I) by inserting “and material injury by reason of dumped imports” after “history of dumping”; and (II) by striking “class or kind of the merchandise which is the subject of the investigation” and inserting “subject merchandise”; (ii) in clause (ii) of subparagraph (A) by striking “merchandise which is the subject of me investigation at less than its fair value” and inserting “subject merchandise at less than its fair value and that there would be material injury by reason of such sales”; and (iii) in subparagraph (B) by striking “merchandise which is the subject of the investigation” and inserting “subject merchandise”. (B) Section 735(b)(4)(A) (19 U.S.C. 1673d(b)(4)(A)) is amended to read as follows: “(A) Commission standard for retroactive application.— “(i) In general.—If the finding of the administering authority under subsection (a)(3) is affirmative, then the final determination of the Commission shall 108 STAT. 4852include a finding as to whether the imports subject to the affirmative determination under subsection (a)(3) are likely to undermine seriously the remedial effect of the antidumping duty order to be issued under section 736. “(ii) Factors to consider.—In making the evaluation under clause (i), the Commission shall consider, among other factors it considers relevant— “(I) the timing and the volume of the imports, “(II) a rapid increase in inventories of the imports, and “(III) any other circumstances indicating that the remedial effect of the antidumping order will be seriously undermined.”.