SHORT LIFE CYCLE PRODUCTS.

SEC. 1323. SHORT LIFE CYCLE PRODUCTS. (a) Establishment of Product Categories for Short Life Cycle Merchandise.— Subtitle B is amended by adding at the end thereof the following new section: “SEC. 739. ESTABLISHMENT OF PRODUCT CATEGORIES FOR SHORT LIFE CYCLE MERCHANDISE. “(a) Establishment of Product Categories.— “(1) Petitions.— 102 STAT. 1196 “(A) In general.— An eligible domestic entity may file a petition with the Commission requesting that a product category be established with respect to short life cycle merchandise at any time after the merchandise becomes the subject of 2 or more affirmative dumping determinations. “(B) Contents.— A petition filed under subparagraph (A) shall— “(i) identify the short life cycle merchandise that is the subject of the affirmative dumping determinations, “(ii) specify the short life cycle merchandise that the petitioner seeks to have included in the same product category as the merchandise that is subject to the affirmative dumping determinations, “(iii) specify any short life cycle merchandise the petitioner particularly seeks to have excluded from the product category, “(iv) provide reasons for the inclusions and exclusions specified under clauses (ii) and (iii), and “(v) identify such merchandise in terms of the designations used in the Tariff Schedules of the United States. “(2) Determinations on sufficiency of petition.— Upon receiving a petition under paragraph (1), the Commission shall— “(A) request the administering authority to confirm promptly the affirmative determinations on which the petition is based, and “(B) upon receipt of such confirmation, determine whether the merchandise covered by the confirmed affirmative determinations is short life cycle merchandise and whether the petitioner is an eligible domestic entity. “(3) Notice; hearings.— If the determinations under paragraph (2)(B) are affirmative, the Commission shall— “(A) publish notice in the Federal Register that the petition has been received, and “(B) provide opportunity for the presentation of views regarding the establishment of the requested product category, including a public hearing if requested by any interested person. “(4) Determinations.— “(A) In general.— By no later than the date that is 90 days after the date on which a petition is filed under paragraph (1), the Commission shall determine the scope of the product category into which the short life cycle merchandise that is the subject of the affirmative dumping determinations identified in such petition shall be classified for purposes of this section. “(B) Modifications not requested by petition.— “(i) In general.— The Commission may, on its own initiative, make a determination modifying the scope of any product category established under subparagraph (A) at any time. “(ii) Notice and hearing.— Determinations may be made under clause (i) only after the Commission has— “(I) published in the Federal Register notice of the proposed modification, and 102 STAT. 1197 “(II) provided interested parties an opportunity for a hearing, and a period for the submission of written comments, on the classification of merchandise into the product categories to be affected by such determination. “(C) Basis of determinations.— In making determinations under subparagraph (A) or (B), the Commission shall ensure that each product category consists of similar short life cycle merchandise which is produced by similar processes under similar circumstances and has similar uses. “(b) Definitions.— For purposes of this section— “(1) Eligible domestic entity.— The term ‘eligible domestic entity’ means a manufacturer or producer in the United States, or a certified union or recognized union or group of workers which is representative of an industry in the United States, that manufactures or produces short life cycle merchandise that is— “(A) like or directly competitive with other merchandise that is the subject of 2 or more affirmative dumping determinations, or “(B) is similar enough to such other merchandise as to be considered for inclusion with such merchandise in a product monitoring category established under this section. “(2) Affirmative dumping determination.— The term ‘affirmative dumping determination’ means— “(A) any affirmative final determination made by the administering authority under section 735(a) during the 8-year period preceding the filing of the petition under this section that results in the issuance of an antidumping duty order under section 736 which requires the deposit of estimated antidumping duties at a rate of not less than 15 percent ad valorem, or “(B) any affirmative preliminary determination that— “(i) is made by the administering authority under section 733(b) during the 8-year period preceding the filing of the petition under this section in the course of an investigation for which no final determination is made under section 735 by reason of a suspension of the investigation under section 734, and “(ii) includes a determination that the estimated average amount by which the foreign market value of the merchandise exceeds the United States price of the merchandise is not less than 15 percent ad valorem. “(3) Subject of affirmative dumping determination.— “(A) In general.— Short life cycle merchandise of a manufacturer shall be treated as being the subject of an affirmative dumping determination only if the administering authority— “(i) makes a separate determination of the amount by which the foreign market value of such merchandise of the manufacturer exceeds the United States price of such merchandise of the manufacturer, and “(ii) specifically identifies the manufacturer by name with such amount in the affirmative dumping determination or in an antidumping duty order issued as a result of the affirmative dumping determination. 102 STAT. 1198 “(B) Exclusion.— Short life cycle merchandise of a manufacturer shall not be treated as being the subject of an affirmative dumping determination if— “(i) such merchandise of the manufacturer is part of a group of merchandise to which the administering authority assigns (in lieu of making separate determinations described in subparagraph (A)(i)(I) an amount determined to be the amount by which the foreign market value of the merchandise in such group exceeds the United States price of the merchandise in such group, and “(ii) the merchandise and the manufacturer are not specified by name in the affirmative dumping determination or in any antidumping duty order issued as a result of such affirmative dumping determination. “(4) Short life cycle merchandise.— The term ‘short life cycle merchandise’ means any product that the Commission determines is likely to become outmoded within 4 years, by reason of technological advances, after the product is commercially available. For purposes of this paragraph, the term ‘outmoded’ refers to a kind of style that is no longer state-of-the-art. “(c) Transitional Rules.— “(1) For purposes of this section and section 733(b)(1) (B) and (C), all affirmative dumping determinations described in subsection (b)(2)(A) that were made after December 31, 1980, and before the date of enactment of the Omnibus Trade and Competitiveness Act of 1988, and all affirmative dumping determinations described in subsection (b)(2)(B) that were made after December 31, 1984, and before the date of enactment of such Act, with respect to each category of short life cycle merchandise of the same manufacturer shall be treated as one affirmative dumping determination with respect to that category for that manufacturer which was made on the date on which the latest of such determinations was made. “(2) No affirmative dumping determination that— “(A) is described in subsection (b)(2)(A) and was made before January 1, 1981, or “(B) is described in subsection (b)(2)(B) and was made before January 1, 1985, may be taken into account under this section or section 733(b)(1) (B) and (C)”. (b) Expedited Dumping Investigations.— Section 733 (19 U.S.C. 1673) is amended as follows: (1) Paragraph (1) of subsection (b)(1) is amended to read as follows: “(1) Period of antidumping duty investigation.— “(A) In general.— Except as provided in subparagraph (B), within 160 days after the date on which a petition is filed under section 732(b), or an investigation is commenced under section 732(a), but not before an affirmative determination by the Commission under subsection (a) of this section, the administering authority shall make a determination, based upon the best information available to it at the time of the determination, of whether there is a reason-able basis to believe or suspect that the merchandise is being sold, or is likely to be sold, at less than fair value. If the determination of the administering authority under 102 STAT. 1199this subsection is affirmative, the determination shall include the estimated average amount by which the foreign market value exceeds the United States price. “(B) If certain short life cycle merchandise involved.— If a petition filed under section 732(b), or an investigation commenced under section 732(a), concerns short life cycle merchandise that is included in a product category established under section 739(a), subparagraph (A) shall be applied— “(i) by substituting ‘120 days’ for ‘160 days’ if manufacturers that are second offenders account for a significant proportion of the merchandise under investigation, and “(ii) by substituting ‘100 days’ for ‘160 days’ if manufacturers that are multiple offenders account for a significant proportion of the merchandise under investigation. “(C) Definitions of offenders.— For purposes of subparagraph (B)— “(i) The term ‘second offender’ means a manufacturer that is specified in 2 affirmative dumping determinations (within the meaning of section 739) as the manufacturer of short life cycle merchandise that is— “(I) specified in both such determinations, and “(II) within the scope of the product category referred to in subparagraph (B). “(ii) The term ‘multiple offender’ means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of section 739) as the manufacturer of short life cycle merchandise that is— “(I) specified in each of such determinations, and “(II) within the scope of the product category referred to in subparagraph (B).”. (2) Paragraph (1) of subsection (c) is amended by inserting at the end thereof the following sentence: “No extension of a determination date may be made under this paragraph for any investigation in which a determination date provided for in subsection (b)(1)(B) applies unless the petitioner submits written notice to the administering authority of its consent to the extension.”. (3) Subsection (e)(1) is amended by adding at the end thereof the following flush sentence: “The administering authority shall be treated as having made an affirmative determination under subparagraph (A) in any investigation to which subsection (b)(1)(B) is applied.”. (c) Conforming Amendment.— The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 739 the following: “Sec. 739. Establishment of product categories for short life cycle merchandise.”.