§ 1671c. Termination or suspension of investigation
(a)
Termination of investigation upon withdrawal of petition
(1)
In general
(A)
Withdrawal of petition
Except as provided in paragraphs (2) and (3), an investigation under this part may be terminated by either the administering authority or the Commission, after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner or by the administering authority if the investigation was initiated under section
1671a
(a) of this title.
(B)
Refiling of petition
If, within 3 months after the withdrawal of a petition under subparagraph (A), a new petition is filed seeking the imposition of duties on both the subject merchandise of the withdrawn petition and the subject merchandise from another country, the administering authority and the Commission may use in the investigation initiated pursuant to the new petition any records compiled in an investigation conducted pursuant to the withdrawn petition. This subparagraph applies only with respect to the first withdrawal of a petition.
(2)
Special rules for quantitative restriction agreements
(A)
In general
Subject to subparagraphs (B) and (C), the administering authority may not terminate an investigation under paragraph (1) by accepting, with the government of the country in which the countervailable subsidy practice is alleged to occur, an understanding or other kind of agreement to limit the volume of imports into the United States of the subject merchandise unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest.
(B)
Public interest factors
In making a decision under subparagraph (A) regarding the public interest, the administering authority shall take into account—
(b)
Agreements to eliminate or offset completely a countervailable subsidy or to cease exports of subject merchandise
The administering authority may suspend an investigation if the government of the country in which the countervailable subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the subject merchandise agree—
(c)
Agreements eliminating injurious effect
(1)
General rule
If the administering authority determines that extraordinary circumstances are present in a case, it may suspend an investigation upon the acceptance of an agreement from a government described in subsection (b) of this section, or from exporters described in subsection (b) of this section, if the agreement will eliminate completely the injurious effect of exports to the United States of the subject merchandise.
(2)
Certain additional requirements
Except in the case of an agreement by a foreign government to restrict the volume of imports of the subject merchandise into the United States, the administering authority may not accept an agreement under this subsection unless—
(3)
Quantitative restrictions agreements
The administering authority may accept an agreement with a foreign government under this subsection to restrict the volume of imports of subject merchandise into the United States, but it may not accept such an agreement with exporters.
(4)
Definition of extraordinary circumstances
(d)
Additional rules and conditions
(1)
Public interest; monitoring
The administering authority shall not accept an agreement under subsection (b) or (c) of this section unless—
Where practicable, the administering authority shall provide to the exporters who would have been subject to the agreement the reasons for not accepting the agreement and, to the extent possible, an opportunity to submit comments thereon. In applying subparagraph (A) with respect to any quantitative restriction agreement under subsection (c) of this section, the administering authority shall take into account, in addition to such other factors as are considered necessary or appropriate, the factors set forth in subsection (a)(2)(B)(i), (ii), and (iii) of this section as they apply to the proposed suspension and agreement, after consulting with the appropriate consuming industries, producers, and workers referred to in subsection (a)(2)(C)(i) and (ii) of this section.
(2)
Exports of merchandise to United States not to increase during interim period
The administering authority may not accept any agreement under subsection (b) of this section unless that agreement provides a means of ensuring that the quantity of the merchandise covered by that agreement exported to the United States during the period provided for elimination or offset of the countervailable subsidy or cessation of exports does not exceed the quantity of such merchandise exported to the United States during the most recent representative period determined by the administering authority.
(e)
Suspension of investigation procedure
Before an investigation may be suspended under subsection (b) or (c) of this section the administering authority shall—
(1)
notify the petitioner of, and consult with the petitioner concerning, its intention to suspend the investigation, and notify other parties to the investigation and the Commission not less than 30 days before the date on which it suspends the investigation,
(2)
provide a copy of the proposed agreement to the petitioner at the time of the notification, together with an explanation of how the agreement will be carried out and enforced (including any action required of foreign governments), and of how the agreement will meet the requirements of subsections (b) and (d) or (c) and (d) of this section, and
(f)
Effects of suspension of investigation
(1)
In general
If the administering authority determines to suspend an investigation upon acceptance of an agreement described in subsection (b) or (c) of this section, then—
(A)
it shall suspend the investigation, publish notice of suspension of the investigation, and issue an affirmative preliminary determination under section
1671b
(b) of this title with respect to the subject merchandise, unless it has previously issued such a determination in the same investigation,
(2)
Liquidation of entries
(A)
Cessation of exports; complete elimination of net countervailable subsidy
If the agreement accepted by the administering authority is an agreement described in subsection (b) of this section, then—
(i)
notwithstanding the affirmative preliminary determination required under paragraph (1)(A), the liquidation of entries of subject merchandise shall not be suspended under section
1671b
(d)(2) of this title,
(B)
Other agreements
If the agreement accepted by the administering authority is an agreement described in subsection (c) of this section, then the liquidation of entries of the subject merchandise shall be suspended under section
1671b
(d)(2) of this title, or, if the liquidation of entries of such merchandise was suspended pursuant to a previous affirmative preliminary determination in the same case, that suspension of liquidation shall continue in effect, subject to subsection (h)(3) of this section, but the security required under section
1671b
(d)(1)(B) of this title may be adjusted to reflect the effect of the agreement.
(3)
Where investigation is continued
If, pursuant to subsection (g) of this section, the administering authority and the Commission continue an investigation in which an agreement has been accepted under subsection (b) or (c) of this section, then—
(A)
if the final determination by the administering authority or the Commission under section
1671d of this title is negative, the agreement shall have no force or effect and the investigation shall be terminated, or
(B)
if the final determinations by the administering authority and the Commission under such section are affirmative, the agreement shall remain in force, but the administering authority shall not issue a countervailing duty order in the case so long as—
(g)
Investigation to be continued upon request
If the administering authority, within 20 days after the date of publication of the notice of suspension of an investigation, receives a request for the continuation of the investigation from—
(1)
the government of the country in which the countervailable subsidy practice is alleged to occur, or
(2)
an interested party described in subparagraph (C), (D), (E), (F), or (G) of section
1677
(9) of this title which is a party to the investigation,
then the administering authority and the Commission shall continue the investigation.
(h)
Review of suspension
(1)
In general
Within 20 days after the suspension of an investigation under subsection (c) of this section, an interested party which is a party to the investigation and which is described in subparagraph (C), (D), (E), (F), or (G) of section
1677
(9) of this title may, by petition filed with the Commission and with notice to the administering authority, ask for a review of the suspension.
(2)
Commission investigation
Upon receipt of a review petition under paragraph (1), the Commission shall, within 75 days after the date on which the petition is filed with it, determine whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement. If the Commission’s determination under this subsection is negative, the investigation shall be resumed on the date of publication of notice of such determination as if the affirmative preliminary determination under section
1671b
(b) of this title had been made on that date.
(3)
Suspension of liquidation to continue during review period
The suspension of liquidation of entries of the subject merchandise shall terminate at the close of the 20-day period beginning on the day after the date on which notice of suspension of the investigation is published in the Federal Register, or, if a review petition is filed under paragraph (1) with respect to the suspension of the investigation, in the case of an affirmative determination by the Commission under paragraph (2), the date on which notice of the affirmative determination by the Commission is published. If the determination of the Commission under paragraph (2) is affirmative, then the administering authority shall—
(i)
Violation of agreement
(1)
In general
If the administering authority determines that an agreement accepted under subsection (b) or (c) of this section is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1) of this section, of elimination of injury) and subsection (d) of this section, then, on the date of publication of its determination, it shall—
(A)
suspend liquidation under section
1671b
(d)(2) of this title of unliquidated entries of the merchandise made on or after the later of—
(i)
the date which is 90 days before the date of publication of the notice of suspension of liquidation, or
(ii)
the date on which the merchandise, the sale or export to the United States of which was in violation of the agreement, or under an agreement which no longer meets the requirements of subsections (b) and (d) or (c) and (d) of this section, was first entered, or withdrawn from warehouse, for consumption,
(B)
if the investigation was not completed, resume the investigation as if its affirmative preliminary determination under section
1671b
(b) of this title were made on the date of its determination under this paragraph,
(C)
if the investigation was completed under subsection (g) of this section, issue a countervailing duty order under section
1671e
(a) of this title effective with respect to entries of merchandise the liquidation of which was suspended,
(2)
Intentional violation to be punished by civil penalty
Any person who intentionally violates an agreement accepted by the administering authority under subsection (b) or (c) of this section shall be subject to a civil penalty assessed in the same amount, in the same manner, and under the same procedure, as the penalty imposed for a fraudulent violation of section
1592
(a) of this title.
(j)
Determination not to take agreement into account
In making a final determination under section
1671d of this title, or in conducting a review under section
1675 of this title, in a case in which the administering authority has terminated a suspension of investigation under subsection (i)(1) of this section, or continued an investigation under subsection (g) of this section, the Commission and the administering authority shall consider all of the subject merchandise, without regard to the effect of any agreement under subsection (b) or (c) of this section.
(l)
Special rule for regional industry investigations
(1)
Suspension agreements
If the Commission makes a regional industry determination under section
1677
(4)(C) of this title, 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) of this section.
(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) of this section, except that if the Commission makes a regional industry determination described in paragraph (1) in the final affirmative determination under section
1671d
(b) of this title but not in the preliminary affirmative determination under section
1671b
(a) of this title, any agreement described in paragraph (1) may be accepted within 60 days after the countervailing duty order is published under section
1671e of this title.
(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
1671b
(d)(1)(B) of this title, 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.