Pub. L. 103-465, tit. I, subtit. A, sec. 228

PUBLIC NOTICE AND EXPLANATION OF DETERMINATIONS.

EnactedYear: 1994Length: 473 wordsOfficial source
SEC. 228. PUBLIC NOTICE AND EXPLANATION OF DETERMINATIONS. Section 777 (19 U.S.C. 1677f), as amended by section 227, is amended by adding at the end the following: “(i) Publication of Determinations; Requirements for Final Determinations.— “(1) In general.—Whenever the administering authority makes a determination under section 702 or 732 whether to initiate an investigation, or the administering authority or the Commission makes a preliminary determination under section 703 or 733, a final determination under section 705 or section 735, a preliminary or final determination in a review under section 751, a determination to suspend an investigation under this title, or a determination under section 753, the administering authority or the Commission, as the case may be, shall publish the facts and conclusions supporting that determination, and shall publish notice of that determination in the Federal Register. “(2) Contents of notice or determination.— The notice or determination published under paragraph (1) shall include, to the extent applicable— “(A) in the case of a determination of the administering authority— “(i) the names of the exporters or producers of the subject merchandise or, when providing such names is impracticable, the countries exporting the subject merchandise to the United States, “(ii) a description of the subject merchandise that is sufficient to identify the subject merchandise for customs purposes, “(iii)(I) with respect to a determination in an investigation under subtitle A or section 753 or in a review of a countervailing duty order, the amount of the countervailable subsidy established and a full explanation of the methodology used in establishing the amount, and “(II) with respect to a determination in an investigation under subtitle B or in a review of an antidumping duty order, the weighted average dumping margins 108 STAT. 4889established and a full explanation of the methodology used in establishing such margins, and “(iv) the primary reasons for the determination; and “(B) in the case of a determination of the Commission— “(i) considerations relevant to the determination of injury, and “(ii) the primary reasons for the determination. “(3) Additional requirements for final determinations.—In addition to the requirements set forth in paragraph (2)— “(A) the administering authority shall include in a final determination described in paragraph (1) an explanation of the basis for its determination that addresses relevant arguments, made by interested parties who are parties to the investigation or review (as the case may be), concerning the establishment of dumping or a countervailable subsidy, or the suspension of the investigation, with respect to which the determination is made; and “(B) the Commission shall include in a final determination of injury an explanation of the basis for its determination that addresses relevant arguments that are made by interested parties who are parties to the investigation or review (as the case may be) concerning volume, price effects, and impact on the industry of imports of the subject merchandise.”.
Pub. L. 103-465, tit. I, subtit. A, sec. 228: PUBLIC NOTICE AND EXPLANATION OF DETERMINATIONS. | Justis AI