ANTICIRCUMVENTION.

SEC. 230. ANTICIRCUMVENTION. (a) In General.—Subsections (a) and (b) of section 781 (19 U.S.C. 1677j (a) and (b)) are amended to read as follows: “(a) Merchandise Completed or Assembled in the United States.— “(1) In general.—If— “(A) merchandise sold in the United States is of the same class or kind as any other merchandise that is the subject of— “(i) an antidumping duty order issued under section 736, “(ii) a finding issued under the Antidumping Act, 1921, or “(iii) a countervailing duty order issued under section 706 or section 303, “(B) such merchandise sold in the United States is completed or assembled in the United States from parts or components produced in the foreign country with respect to which such order or finding applies, “(C) the process of assembly or completion in the United States is minor or insignificant, and “(D) the value of the parts or components referred to in subparagraph (B) is a significant portion of the total value of the merchandise, the administering authority, after taking into account any advice provided by the Commission under subsection (e), may include within the scope of such order or finding the imported parts or components referred to in subparagraph (B) that are used in the completion or assembly of the merchandise in the United States at any time such order or finding is in effect. 108 STAT. 4892 “(2) Determination of whether process is minor or insignificant.—In determining whether the process of assembly or completion is minor or insignificant under paragraph (1)(C), the administering authority shall take into account— “(A) the level of investment in the United States, “(B) the level of research and development in the United States, . “(C) the nature of the production process in the United States, “(D) the extent of production facilities in the United States, and “(E) whether the value of the processing performed in the United States represents a small proportion of the value of the merchandise sold in the United States. “(3) Factors to consider.—In determining whether to include parts or components in a countervailing or antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— “(A) the pattern of trade, including sourcing patterns, “(B) whether the manufacturer or exporter of the parts or components is affiliated with the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order or finding described in paragraph (1) applies, and “(C) whether imports into the United States of the parts or components produced in such foreign country have increased after the initiation of the investigation which resulted in the issuance of such order or finding. “(b) Merchandise Completed or Assembled in Other Foreign Countries.— “(1) In general.—If— “(A) merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of— “(i) an antidumping duty order issued under section 736, “(ii) a finding issued under the Antidumping Act, 1921, or “(iii) a countervailing duty order issued under section 706 or section 303, “(B) before importation into the United States, such imported merchandise is completed or assembled in another foreign country from merchandise which— “(i) is subject to such order or finding, or “(ii) is produced in the foreign country with respect to which such order or finding applies, “(C) the process of assembly or completion in the foreign country referred to in subparagraph (B) is minor or insignificant, “(D) the value of the merchandise produced in the foreign country to which the antidumping duty order applies is a significant portion of the total value of the merchandise exported to the United States, and “(E) the administering authority determines that action is appropriate under this paragraph to prevent evasion of such order or finding,108 STAT. 4893the administering authority, after taking into account any advice provided by the Commission under subsection (e), may include such imported merchandise within the scope of such order or finding at any time such order or finding is in effect. “(2) Determination of whether process is minor or insignificant.—In determining whether the process of assembly or completion is minor or insignificant under paragraph (1)(C), the administering authority shall take into account— “(A) the level of investment in the foreign country, “(B) the level of research and development in the foreign country, “(C) the nature of the production process in the foreign country, “(D) the extent of production facilities in the foreign country, and “(E) whether the value of the processing performed in the foreign country represents a small proportion of the value of the merchandise imported into the United States. “(3) Factors to consider.—In determining whether to include merchandise assembled or completed in a foreign country in a countervailing duty order or an antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— “(A) the pattern of trade, including sourcing patterns, “(B) whether the manufacturer or exporter of the merchandise described in paragraph (1)(B) is affiliated with the person who uses the merchandise described in paragraph (1)(B) to assemble or complete in the foreign country the merchandise that is subsequently imported into the United States, and “(C) whether imports into the foreign country of the merchandise described in paragraph (1)(B) have increased after the initiation of the investigation which resulted in the issuance of such order or finding.”. (b) Time Limits for Administering Authority Determinations.—Section 781 (19 U.S.C. 1677j) is amended by adding at the end the following: “(f) Time Limits for Administering Authority Determinations.—The administering authority shall, to the maximum extent practicable, make the determinations under this section within 300 days from the date of the initiation of a countervailing duty or antidumping circumvention inquiry under this section.”.