Pub. L. 103-465, tit. I, subtit. A, sec. 218

SPECIAL RULES FOR REGIONAL INDUSTRIES.

EnactedYear: 1994Length: 784 wordsOfficial source
SEC. 218. SPECIAL RULES FOR REGIONAL INDUSTRIES. (a) Suspension Agreements.— (1) Countervailing duty investigations.—Section 704 (19 U.S.C. 1671c) is amended by adding at the end the following new subsection: “(l) Special Rule for Regional Industry Investigations.— “(1) Suspension agreements.—If the Commission makes a regional industry determination under section 771(4)(C), the administering authority shall offer exporters of the subject merchandise who account for substantially all exports of that merchandise for sale in the region concerned the opportunity to enter into an agreement described in subsection (b) or (c). “(2) Requirements for suspension agreements.—Any agreement described in paragraph (1) shall be subject to all the requirements imposed under this section for other agreements under subsection (b) or (c), except that if the Commission makes a regional industry determination described in paragraph (1) in the final affirmative determination under section 705(b) but not in the preliminary affirmative determination under section 703(a), any agreement described in paragraph (1) may be accepted within 60 days after the countervailing duty order is published under section 706. “(3) Effect of suspension agreement on countervailing duty order.—If an agreement described in paragraph (1) is accepted after the countervailing duty order is published, the administering authority shall rescind the order, refund any cash deposit and release any bond or other security deposited under section 703(d)(l)(B), and instruct the Customs Service that entries of the subject merchandise that were made during the period that the order was in effect shall be liquidated without regard to countervailing duties.”. (2) Antidumping investigations.—Section 734 (19 U.S.C. 1673c) is amended by adding at the end the following new subsection: “(m) Special Rule for Regional Industry Investigations.— “(1) Suspension agreements.—If the Commission makes a regional industry determination under section 771(4)(C), the administering authority shall offer exporters of the subject merchandise who account for substantially all exports of that merchandise for sale in the region concerned the opportunity to enter into an agreement described in subsection (b), (c), or(l). “(2) Requirements for suspension agreements.—Any agreement described in paragraph (1) shall be subject to ail the requirements imposed under this section for other agreements under subsection (b), (c), or (1), except that if the Commission makes a regional industry determination described in paragraph (1) in the final affirmative determination under section 735(b) but not in the preliminary affirmative determination 108 STAT. 4855under section 733(a), any agreement described in paragraph (1) may be accepted within 60 days after the antidumping order is published under section 736. “(3) Effect of suspension agreement on antidumping duty order.—If an agreement described in paragraph (1) is accepted after the antidumping duty order is published, the administering authority shall rescind the order, refund any cash deposit and release any bond or other security deposited under section 733(d)(l)(B), and instruct the Customs Service that entries of the subject merchandise that were made during the period that the order was in effect shall be liquidated without regard to antidumping duties.”. (b) Applicability of Orders to New Shippers.— (1) Countervailing duty cases.—Section 706 (19 U.S.C. 1671e) is amended by adding at the end the following new subsection: “(c) Special Rule for Regional Industries.— “(1) In general.—In an investigation under this subtitle in which the Commission makes a regional industry determination under section 771(4)(C), the administering authority shall, to the maximum extent possible, direct that duties be assessed only on the subject merchandise of the specific exporters or producers that exported the subject merchandise for sale in the region concerned during the period of investigation. “(2) Exception for new exporters and producers.—After publication of the countervailing duty order, if the administering authority finds that a new exporter or producer is exporting the subject merchandise for sale in the region concerned, the administering authority shall direct that duties be assessed on the subject merchandise of the new exporter or producer consistent with the provisions of section 751(a)(2)(B).”. (2) Antidumping duty cases.—Section 736 (19 U.S.C. 1673e) is amended by adding at the end the following new subsection: “(d) Special Rule for Regional Industries.— “(1) In general.—In an investigation in which the Commission makes a regional industry determination under section 771(4)(C), the administering authority shall, to the maximum extent possible, direct that duties be assessed only on the subject merchandise of the specific exporters or producers that exported the subject merchandise for sale in the region concerned during the period of investigation. “(2) Exception for new exporters and producers.— After publication of the antidumping duty order, if the administering authority finds that a new exporter or producer is exporting the subject merchandise for sale in the region concerned, the administering authority shall direct that duties be assessed on the subject merchandise of the new exporter or producer consistent with the provisions of section 751(a)(2)(B).”.
Pub. L. 103-465, tit. I, subtit. A, sec. 218: SPECIAL RULES FOR REGIONAL INDUSTRIES. | Justis AI