Pub. L. 103-465, tit. I, subtit. A, sec. 219

DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN.

EnactedYear: 1994Length: 667 wordsOfficial source
SEC. 219. DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN. (a) Preliminary Determination.— (1) In general.—Section 733(d) (19 U.S.C. 1673b(d)) is amended— 108 STAT. 4856 (A) by striking paragraph (2); (B) by redesignating paragraph (1), as amended by section 215(b)(l)(A), as paragraph (2); (C) by inserting “and” at the end of paragraph (2), as so redesignated; and (D) by inserting before such paragraph (2) the following new paragraph: “(1)(A) shall— “(i) determine an estimated weighted average dumping margin for each exporter and producer individually investigated, and “(ii) determine, in accordance with section 735(c)(5), an estimated all-others rate for all exporters and producers not individually investigated, and “(B) shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated weighted average dumping margin or the estimated all-others rate, whichever is applicable,”. (2) Conforming amendments.—Section 733(b)(l)(A) (19 U.S.C. 1673b(b)(1)(A)) is amended by striking the last sentence. (b) Final Determination.— (1) In general.—Section 735(c)(l) (19 U.S.C. 1673d(c)(1)) is amended— (A) in subparagraph (B)— (i) by redesignating such subparagraph as subparagraph (C); and (ii) by striking “under paragraphs (1) and (2)” and all that follows through “security” .and inserting “the suspension of liquidation under section 733(d)(2)”; (B) by striking “and” at the end of subparagraph (A); and (C) by inserting after subparagraph (A) the following new subparagraph: “(B)(i) the administering authority shall— “(I) determine the estimated weighted average dumping margin for each exporter and producer individually investigated, and “(II) determine, in accordance with paragraph (5), the estimated all-others rate for all exporters and producers not individually investigated, and “(ii) the administering authority shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated weighted average dumping margin or the estimated all-others rate, whichever is applicable, and”. (2) Method for determining weighted average dumping margin.—Section 735(c) (19 U.S.C. 1673d(c)) is amended by adding at the end the following new paragraph: “(5) Method for determining estimated all-others rate.— “(A) General rule.—For purposes of this subsection and section 733(d), the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any 108 STAT. 4857zero and de minimis margins, and any margins determined entirely under section 776. “(B) Exception.—If the estimated weighted average dumping margins established for all exporters and producers individually investigated are zero or de minimis margins, or are determined entirely under section 776, the administering authority may use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated.”. (c) Technical and Conforming Amendments.— (1) Section 733(e)(2) is amended by striking “subsection (d)(1)” and inserting “subsection (d)(2)”. (2) Section 734(f)(2)(A) is amended— (A) in clause (i), by striking “section 733(d)(1)” and inserting “section 733(d)(2)”; and (B) in clause (iii), by striking “section 733(d)(2)” and inserting “section 733(d)(l)(B)”. (3) Section 734(f)(2)(B) is amended— (A) by striking “section 733(d)(1)” and inserting “section 733(d)(2)”; and (B) by striking “section 733(d)(2)” and inserting “section 733(d)(l)(B)”. (4) Section 734(h)(3) is amended— (A) in subparagraph (A), by striking “section 733(d)(1)” and inserting “section 733(d)(2)”; and (B) in subparagraph (B), by striking “section 733(d)(2)” and inserting “section 733(d)(l)(B)”. (5) Section 734(i)(l)(A) is amended by striking “section 733(d)(1)” and inserting “section 733(d)(2)”. (6) Section 735(c)(2)(A) is amended by striking “section 703(d)(1)” and inserting “section 733(d)(2)”. (7) Section 735(c)(2)(B) is amended by striking “section 733(d)(2)” and inserting “section 733(d)(l)(B)”. (8) Section 735(c)(3)(B) is amended by striking “section 733(d)(2)” and inserting “section 733(d)(l)(B)”. (9) Section 736(b)(1) is amended by striking “section 733(d)(1)” each place it appears and inserting “section 733(d)(2)”. (10) Section 737(a) is amended by striking “section 733(d)(2)” each place it appears in the heading and in the text and inserting “section 733(d)(l)(B)”.
Pub. L. 103-465, tit. I, subtit. A, sec. 219: DETERMINATION OF WEIGHTED AVERAGE DUMPING MARGIN. | Justis AI