§ 1675b. Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investigations
(a)
In general
(1)
Investigation by the commission upon request
In the case of a countervailing duty order described in paragraph (2), which—
(B)
(ii)
is issued on a date that is after the date described in clause (i) pursuant to a court order in an action brought under section
1516a of this title,
the Commission, upon receipt of a request from an interested party described in section
1677
(9)(C), (D), (E), (F), or (G) of this title for an injury investigation with respect to such order, shall initiate an investigation and shall determine whether an industry in the United States is likely to be materially injured by reason of imports of the subject merchandise if the order is revoked.
(3)
Requirements of request for investigation
A request for an investigation under this subsection shall be submitted—
(4)
Suspension of liquidation
With respect to entries of subject merchandise made on or after—
(A)
in the case of an order described in paragraph (1)(B)(i), the date on which the country described in paragraph (1)(A) becomes a Subsidies Agreement country, or
(B)
in the case of an order described in paragraph (1)(B)(ii), the date on which the order is issued,
liquidation shall be suspended at the cash deposit rate in effect on the date described in subparagraph (A) or (B) (whichever is applicable).
(b)
Investigation procedure and schedule
(1)
Commission procedure
(A)
In general
Except as otherwise provided in this section, the provisions of this subtitle regarding evidence in and procedures for investigations conducted under part I of this subtitle shall apply to investigations conducted by the Commission under this section.
(B)
Time for Commission determination
Except as otherwise provided in subparagraph (C), the Commission shall issue its determination under subsection (a)(1) of this section, to the extent possible, not later than 1 year after the date on which the investigation is initiated under this section.
(C)
Special rule to permit administrative flexibility
In the case of requests for investigations received under this section within 1 year after the date on which the WTO Agreement enters into force with respect to the United States, the Commission may, after consulting with the administering authority, initiate its investigations in a manner that results in determinations being made in all such investigations during the 4-year period beginning on such date.
(2)
Net countervailable subsidy; nature of subsidy
(A)
Net countervailable subsidy
The administering authority shall provide to the Commission the net countervailable subsidy that is likely to prevail if the order which is the subject of the investigation is revoked. The administering authority normally shall choose a net countervailable subsidy that was determined under section
1671d of this title or subsection (a) or (b)(1) of section
1675 of this title. If the Commission considers the magnitude of the net countervailable subsidy in making its determination under this section, the Commission shall use the net countervailable subsidy provided by the administering authority.
(B)
Nature of subsidy
The administering authority shall inform the Commission of, and the Commission, in making its determination under this section, shall consider, the nature of the countervailable subsidy and whether the countervailable subsidy is a subsidy described in Article 3 or Article 6.1 of the Subsidies Agreement.
(3)
Effect of Commission determination
(A)
Affirmative determination
Upon being notified by the Commission that it has made an affirmative determination under subsection (a)(1) of this section—
(i)
the administering authority shall order the termination of the suspension of liquidation required pursuant to subsection (a)(4) of this section, and
(B)
Negative determination
(i)
In general
Upon being notified by the Commission that it has made a negative determination under subsection (a)(1) of this section, the administering authority shall revoke the countervailing duty order, and shall refund, with interest, any estimated countervailing duties collected during the period liquidation was suspended pursuant to subsection (a)(4) of this section.
(ii)
Limitation on negative determination
A determination by the Commission that revocation of the order is not likely to result in material injury to an industry by reason of imports of the subject merchandise shall not be based, in whole or in part, on any export taxes, duties, or other charges levied on the export of the subject merchandise to the United States that were specifically intended to offset the countervailable subsidy received.
(4)
Countervailing duty orders with respect to which no request for injury investigation is made
If, with respect to a countervailing duty order described in subsection (a) of this section, a request for an investigation is not made within the time required by subsection (a)(3) of this section, the Commission shall notify the administering authority that a negative determination has been made under subsection (a) of this section and the provisions of paragraph (3)(B) shall apply with respect to the order.
(c)
Pending and suspended countervailing duty investigations
If, on the date on which a country becomes a Subsidies Agreement country, there is a countervailing duty investigation in progress or suspended under section
1303 [2] of this title or section
1671
(c) of this title that applies to merchandise which is a product of that country and with respect to which the requirement of an affirmative determination of material injury was not applicable at the time the investigation was initiated, the Commission shall—
(1)
in the case of an investigation in progress, make a final determination under section
1671d
(b) of this title within 75 days after the date of an affirmative final determination, if any, by the administering authority,
(2)
in the case of a suspended investigation to which section
1671c
(i)(1)(B) of this title applies, make a final determination under section
1671d
(b) of this title within 120 days after receiving notice from the administering authority of the resumption of the investigation pursuant to section
1671c
(i) of this title, or within 45 days after the date of an affirmative final determination, if any, by the administering authority, whichever is later, or
(3)
in the case of a suspended investigation to which section
1671c
(i)(1)(C) of this title applies, treat the countervailing duty order issued pursuant to such section as if it were—
(d)
Publication in Federal Register
The administering authority or the Commission, as the case may be, shall publish in the Federal Register a notice of the initiation of any investigation, and a notice of any determination or revocation, made pursuant to this section.
(e)
Request for simultaneous expedited review under section
1675
(c)
(1)
General rule
(A)
Requests for reviews
Notwithstanding section
1675
(c)(6)(A) of this title and except as provided in subparagraph (B), an interested party may request a review of an order under section
1675
(c) of this title at the same time the party requests an investigation under subsection (a) of this section, if the order involves the same or comparable subject merchandise. Upon receipt of such request, the administering authority, after consulting with the Commission, shall initiate a review of the order under section
1675
(c) of this title. The Commission shall combine such review with the investigation under this section.
(B)
Exception
If the administering authority determines that the interested party who requested an investigation under this section is a related party or an importer within the meaning of section
1677
(4)(B) of this title, the administering authority may decline a request by such party to initiate a review of an order under section
1675
(c) of this title which involves the same or comparable subject merchandise.
(2)
Cumulation
If a review under section
1675
(c) of this title is initiated under paragraph (1), such review shall be treated as having been initiated on the same day as the investigation under this section, and the Commission may, in accordance with section
1677
(7)(G) of this title, cumulatively assess the volume and effect of imports of the subject merchandise from all countries with respect to which such investigations are treated as initiated on the same day.
(3)
Time and procedure for Commission determination
The Commission shall render its determination in the investigation conducted under this section at the same time as the Commission’s determination is made in the review under section
1675
(c) of this title that is initiated pursuant to this subsection. The Commission shall in all other respects apply the procedures and standards set forth in section
1675
(c) of this title to such section
1675
(c) of this title reviews.
[1] See References in Text note below.
[2] See References in Text note below.