19 U.S.C. 1675c

Page 331

TITLE 19—CUSTOMS DUTIES

PART III—REVIEWS; OTHER ACTIONS REGARDING
AGREEMENTS
CODIFICATION
The designation ‘‘PART III’’ was in the original ‘‘Subtitle C’’ and was editorially changed in order to conform the numbering format of this subtitle to the usages employed in the codification of the remainder of
the Tariff Act of 1930 as originally enacted.
SUBPART A—REVIEW OF AMOUNT OF DUTY AND
AGREEMENTS OTHER THAN QUANTITATIVE RESTRICTION AGREEMENTS

§ 1675. Administrative review of determinations
(a) Periodic review of amount of duty
(1) In general
At least once during each 12-month period
beginning on the anniversary of the date of
publication of a countervailing duty order
under this subtitle or under section 1303 1 of
this title, an antidumping duty order under
this subtitle or a finding under the Antidumping Act, 1921, or a notice of the suspension of
an investigation, the administering authority,
if a request for such a review has been received
and after publication of notice of such review
in the Federal Register, shall—
(A) review and determine the amount of
any net countervailable subsidy,
(B) review, and determine (in accordance
with paragraph (2)), the amount of any antidumping duty, and
(C) review the current status of, and compliance with, any agreement by reason of
which an investigation was suspended, and
review the amount of any net countervailable subsidy or dumping margin involved
in the agreement,
and shall publish in the Federal Register the
results of such review, together with notice of
any duty to be assessed, estimated duty to be
deposited, or investigation to be resumed.
(2) Determination of antidumping duties
(A) In general
For the purpose of paragraph (1)(B), the
administering authority shall determine—
(i) the normal value and export price (or
constructed export price) of each entry of
the subject merchandise, and
(ii) the dumping margin for each such
entry.
(B) Determination of antidumping or countervailing duties for new exporters and
producers
(i) In general
If the administering authority receives a
request from an exporter or producer of
the subject merchandise establishing
that—
(I) such exporter or producer did not
export the merchandise that was the
subject of an antidumping duty or countervailing duty order to the United
States (or, in the case of a regional industry, did not export the subject mer1 See

References in Text note below.

§ 1675

chandise for sale in the region concerned) during the period of investigation, and
(II) such exporter or producer is not affiliated (within the meaning of section
1677(33) of this title) with any exporter or
producer who exported the subject merchandise to the United States (or in the
case of a regional industry, who exported
the subject merchandise for sale in the
region concerned) during that period,
the administering authority shall conduct
a review under this subsection to establish
an individual weighted average dumping
margin or an individual countervailing
duty rate (as the case may be) for such exporter or producer.
(ii) Time for review under clause (i)
The administering authority shall commence a review under clause (i) in the calendar month beginning after—
(I) the end of the 6-month period beginning on the date of the countervailing
duty or antidumping duty order under
review, or
(II) the end of any 6-month period occurring thereafter,
if the request for the review is made during that 6-month period.
(iii) Posting bond or security
The administering authority shall, at
the time a review under this subparagraph
is initiated, direct the Customs Service to
allow, at the option of the importer, the
posting, until the completion of the review, of a bond or security in lieu of a cash
deposit for each entry of the subject merchandise.
(iv) Time limits
The administering authority shall make
a preliminary determination in a review
conducted under this subparagraph within
180 days after the date on which the review
is initiated, and a final determination
within 90 days after the date the preliminary determination is issued, except that
if the administering authority concludes
that the case is extraordinarily complicated, it may extend the 180-day period
to 300 days and may extend the 90-day period to 150 days.
(C) Results of determinations
The determination under this paragraph
shall be the basis for the assessment of countervailing or antidumping duties on entries
of merchandise covered by the determination and for deposits of estimated duties.
(3) Time limits
(A) Preliminary and final determinations
The administering authority shall make a
preliminary determination under subparagraph (A), (B), or (C) of paragraph (1) within
245 days after the last day of the month in
which occurs the anniversary of the date of
publication of the order, finding, or suspension agreement for which the review under

§ 1675

TITLE 19—CUSTOMS DUTIES

paragraph (1) is requested, and a final determination under paragraph (1) within 120 days
after the date on which the preliminary determination is published. If it is not practicable to complete the review within the
foregoing time, the administering authority
may extend that 245-day period to 365 days
and may extend that 120-day period to 180
days. The administering authority may extend the time for making a final determination without extending the time for making
a preliminary determination, if such final
determination is made not later than 300
days after the date on which the preliminary
determination is published.
(B) Liquidation of entries
If the administering authority orders any
liquidation of entries pursuant to a review
under paragraph (1), such liquidation shall
be made promptly and, to the greatest extent practicable, within 90 days after the instructions to Customs are issued. In any
case in which liquidation has not occurred
within that 90-day period, the Secretary of
the Treasury shall, upon the request of the
affected party, provide an explanation thereof.
(C) Effect of pending review under section
1516a
In a case in which a final determination
under paragraph (1) is under review under
section 1516a of this title and a liquidation
of entries covered by the determination is
enjoined under section 1516a(c)(2) of this
title
or
suspended
under
section
1516a(g)(5)(C) of this title, the administering
authority shall, within 10 days after the
final disposition of the review under section
1516a of this title, transmit to the Federal
Register for publication the final disposition
and issue instructions to the Customs Service with respect to the liquidation of entries
pursuant to the review. In such a case, the
90-day period referred to in subparagraph (B)
shall begin on the day on which the administering authority issues such instructions.
(4) Absorption of antidumping duties
During any review under this subsection initiated 2 years or 4 years after the publication
of an antidumping duty order under section
1673e(a) of this title, the administering authority, if requested, shall determine whether
antidumping duties have been absorbed by a
foreign producer or exporter subject to the
order if the subject merchandise is sold in the
United States through an importer who is affiliated with such foreign producer or exporter. The administering authority shall notify the Commission of its findings regarding
such duty absorption for the Commission to
consider in conducting a review under subsection (c) of this section.
(b) Reviews based on changed circumstances
(1) In general
Whenever the administering authority or
the Commission receives information concerning, or a request from an interested party for
a review of—

Page 332

(A) a final affirmative determination that
resulted in an antidumping duty order under
this subtitle or a finding under the Antidumping Act, 1921, or in a countervailing
duty order under this subtitle or section
1303 1 of this title,
(B) a suspension agreement accepted under
section 1671c or 1673c of this title, or
(C) a final affirmative determination resulting from an investigation continued pursuant to section 1671c(g) or 1673c(g) of this
title,
which shows changed circumstances sufficient
to warrant a review of such determination or
agreement, the administering authority or the
Commission (as the case may be) shall conduct
a review of the determination or agreement
after publishing notice of the review in the
Federal Register.
(2) Commission review
In conducting a review under this subsection, the Commission shall—
(A) in the case of a countervailing duty
order or antidumping duty order or finding,
determine whether revocation of the order
or finding is likely to lead to continuation
or recurrence of material injury,
(B) in the case of a determination made
pursuant to section 1671c(h)(2) or 1673c(h)(2)
of this title, determine whether the suspension agreement continues to eliminate completely the injurious effects of imports of
the subject merchandise, and
(C) in the case of an affirmative determination resulting from an investigation
continued under section 1671c(g) or 1673c(g)
of this title, determine whether termination
of the suspended investigation is likely to
lead to continuation or recurrence of material injury.
(3) Burden of persuasion
During a review conducted by the Commission under this subsection—
(A) the party seeking revocation of an
order or finding described in paragraph
(1)(A) shall have the burden of persuasion
with respect to whether there are changed
circumstances sufficient to warrant such
revocation, and
(B) the party seeking termination of a suspended investigation or a suspension agreement shall have the burden of persuasion
with respect to whether there are changed
circumstances sufficient to warrant such
termination.
(4) Limitation on period for review
In the absence of good cause shown—
(A) the Commission may not review a determination made under section 1671d(b) or
1673d(b) of this title, or an investigation suspended under section 1671c or 1673c of this
title, and
(B) the administering authority may not
review a determination made under section
1671d(a) or 1673d(a) of this title, or an investigation suspended under section 1671c or
1673c of this title,
less than 24 months after the date of publication of notice of that determination or suspension.

Page 333

TITLE 19—CUSTOMS DUTIES

(c) Five-year review
(1) In general
Notwithstanding subsection (b) of this section and except in the case of a transition
order defined in paragraph (6), 5 years after
the date of publication of—
(A) a countervailing duty order (other
than a countervailing duty order to which
subparagraph (B) applies or which was issued
without an affirmative determination of injury by the Commission under section 1303 1
of this title), an antidumping duty order, or
a notice of suspension of an investigation,
described in subsection (a)(1) of this section,
(B) a notice of injury determination under
section 1675b of this title with respect to a
countervailing duty order, or
(C) a determination under this section to
continue an order or suspension agreement,
the administering authority and the Commission shall conduct a review to determine, in
accordance with section 1675a of this title,
whether revocation of the countervailing or
antidumping duty order or termination of the
investigation suspended under section 1671c or
1673c of this title would be likely to lead to
continuation or recurrence of dumping or a
countervailable subsidy (as the case may be)
and of material injury.
(2) Notice of initiation of review
Not later than 30 days before the fifth anniversary of the date described in paragraph (1),
the administering authority shall publish in
the Federal Register a notice of initiation of a
review under this subsection and request that
interested parties submit—
(A) a statement expressing their willingness to participate in the review by providing information requested by the administering authority and the Commission,
(B) a statement regarding the likely effects of revocation of the order or termination of the suspended investigation, and
(C) such other information or industry
data as the administering authority or the
Commission may specify.
(3) Responses to notice of initiation
(A) No response
If no interested party responds to the notice of initiation under this subsection, the
administering authority shall issue a final
determination, within 90 days after the initiation of a review, revoking the order or terminating the suspended investigation to
which such notice relates. For purposes of
this paragraph, an interested party means a
party described in section 1677(9)(C), (D), (E),
(F), or (G) of this title.
(B) Inadequate response
If interested parties provide inadequate responses to a notice of initiation, the administering authority, within 120 days after the
initiation of the review, or the Commission,
within 150 days after such initiation, may
issue, without further investigation, a final
determination based on the facts available,
in accordance with section 1677e of this title.

§ 1675

(4) Waiver of participation by certain interested parties
(A) In general
An interested party described in section
1677(9)(A) or (B) of this title may elect not to
participate in a review conducted by the administering authority under this subsection
and to participate only in the review conducted by the Commission under this subsection.
(B) Effect of waiver
In a review in which an interested party
waives its participation pursuant to this
paragraph, the administering authority
shall conclude that revocation of the order
or termination of the investigation would be
likely to lead to continuation or recurrence
of dumping or a countervailable subsidy (as
the case may be) with respect to that interested party.
(5) Conduct of review
(A) Time limits for completion of review
Unless the review has been completed pursuant to paragraph (3) or paragraph (4) applies, the administering authority shall
make its final determination pursuant to
section 1675a(b) or (c) of this title within 240
days after the date on which a review is initiated under this subsection. If the administering authority makes a final affirmative
determination, the Commission shall make
its final determination pursuant to section
1675a(a) of this title within 360 days after the
date on which a review is initiated under
this subsection.
(B) Extension of time limit
The administering authority or the Commission (as the case may be) may extend the
period of time for making their respective
determinations under this subsection by not
more than 90 days, if the administering authority or the Commission (as the case may
be) determines that the review is extraordinarily complicated. In a review in which
the administering authority extends the
time for making a final determination, but
the Commission does not extend the time for
making a determination, the Commission’s
determination shall be made not later than
120 days after the date on which the final determination of the administering authority
is published.
(C) Extraordinarily complicated
For purposes of this subsection, the administering authority or the Commission (as the
case may be) may treat a review as extraordinarily complicated if—
(i) there is a large number of issues,
(ii) the issues to be considered are complex,
(iii) there is a large number of firms involved,
(iv) the orders or suspended investigations have been grouped as described in
subparagraph (D), or
(v) it is a review of a transition order.
(D) Grouped reviews
The Commission, in consultation with the
administering authority, may group orders

§ 1675

TITLE 19—CUSTOMS DUTIES

or suspended investigations for review if it
considers that such grouping is appropriate
and will promote administrative efficiency.
Where orders or suspended investigations
have been grouped, the Commission shall,
subject to subparagraph (B), make its final
determination under this subsection not
later than 120 days after the date that the
administering authority publishes notice of
its final determination with respect to the
last order or agreement in the group.
(6) Special transition rules
(A) Schedule for reviews of transition orders
(i) Initiation
The administering authority shall begin
its review of transition orders in the 42d
calendar month after the date such orders
are issued. A review of all transition orders shall be initiated not later than the
5th anniversary after the date such orders
are issued.
(ii) Completion
A review of a transition order shall be
completed not later than 18 months after
the date such review is initiated. Reviews
of all transition orders shall be completed
not later than 18 months after the 5th anniversary of the date such orders are issued.
(iii) Subsequent reviews
The time limits set forth in clauses (i)
and (ii) shall be applied to all subsequent
5-year reviews of transition orders by substituting ‘‘date of the determination to
continue such orders’’ for ‘‘date such orders are issued’’.
(iv) Revocation and termination
No transition order may be revoked
under this subsection before the date that
is 5 years after the date the WTO Agreement enters into force with respect to the
United States.
(B) Sequence of transition reviews
The administering authority, in consultation with the Commission, shall determine
such sequence of review of transition orders
as it deems appropriate to promote administrative efficiency. To the extent practicable,
older orders shall be reviewed first.
(C) ‘‘Transition order’’ defined
For purposes of this section, the term
‘‘transition order’’ means—
(i) a countervailing duty order under this
subtitle or under section 1303 2 of this title,
(ii) an antidumping duty order under
this subtitle or a finding under the Antidumping Act, 1921, or
(iii) a suspension of an investigation
under section 1671c or 1673c of this title,
which is in effect on the date the WTO
Agreement enters into force with respect to
the United States.
(D) Issue date for transition orders
For purposes of this subsection, a transition order shall be treated as issued on the
2 See

References in Text note below.

Page 334

date the WTO Agreement enters into force
with respect to the United States, if such
order is based on an investigation conducted
by both the administering authority and the
Commission.
(7) Exclusions from computations
(A) In general
Subject to subparagraph (B), there shall be
excluded from the computation of the 5-year
period described in paragraph (1) and the periods described in paragraph (6) any period
during which the importation of the subject
merchandise is prohibited on account of the
imposition, under the International Emergency Economic Powers Act [50 U.S.C. 1701
et seq.] or other provision of law, of sanctions by the United States against the country in which the subject merchandise originates.
(B) Application of exclusion
Subparagraph (A) shall apply only with respect to subject merchandise which originates in a country that is not a WTO member.
(d) Revocation of order or finding; termination
of suspended investigation
(1) In general
The administering authority may revoke, in
whole or in part, a countervailing duty order
or an antidumping duty order or finding, or
terminate a suspended investigation, after review under subsection (a) or (b) of this section.
The administering authority shall not revoke,
in whole or in part, a countervailing duty
order or terminate a suspended investigation
on the basis of any export taxes, duties, or
other charges levied on the export of the subject merchandise to the United States which
are specifically intended to offset the countervailable subsidy received.
(2) Five-year reviews
In the case of a review conducted under subsection (c) of this section, the administering
authority shall revoke a countervailing duty
order or an antidumping duty order or finding,
or terminate a suspended investigation, unless—
(A) the administering authority makes a
determination that dumping or a countervailable subsidy, as the case may be, would
be likely to continue or recur, and
(B) the Commission makes a determination that material injury would be likely to
continue or recur as described in section
1675a(a) of this title.
(3) Application of revocation or termination
A determination under this section to revoke an order or finding or terminate a suspended investigation shall apply with respect
to unliquidated entries of the subject merchandise which are entered, or withdrawn
from warehouse, for consumption on or after
the date determined by the administering authority.
(e) Hearings
Whenever the administering authority or the
Commission conducts a review under this sec-

Page 335

§ 1675

TITLE 19—CUSTOMS DUTIES

tion, it shall, upon the request of an interested
party, hold a hearing in accordance with section
1677c(b) of this title in connection with that review.
(f) Determination that basis for suspension no
longer exists
If the determination of the Commission under
subsection (b)(2)(B) of this section is negative,
the suspension agreement shall be treated as not
accepted, beginning on the date of publication of
the Commission’s determination, and the administering authority and the Commission shall
proceed, under section 1671c(i) or 1673c(i) of this
title, as if the suspension agreement had been
violated on that date, except that no duty under
any order subsequently issued shall be assessed
on merchandise entered, or withdrawn from
warehouse, for consumption before that date.
(g) Reviews to implement results of subsidies enforcement proceeding
(1) Violations of article 8 of the subsidies
agreement
If—
(A) the administering authority receives
notice from the Trade Representative of a
violation of Article 8 of the Subsidies Agreement,
(B) the administering authority has reason
to believe that merchandise subject to an existing countervailing duty order or suspended investigation is benefiting from the
subsidy or subsidy program found to have
been in violation of Article 8 of the Subsidies Agreement, and
(C) no review pursuant to subsection (a)(1)
of this section is in progress,
the administering authority shall conduct a
review of the order or suspended investigation
to determine whether the subject merchandise
benefits from the subsidy or subsidy program
found to have been in violation of Article 8 of
the Subsidies Agreement. If the administering
authority determines that the subject merchandise is benefiting from the subsidy or subsidy program, it shall make appropriate adjustments in the estimated duty to be deposited or appropriate revisions to the terms of
the suspension agreement.
(2) Withdrawal of subsidy or imposition of
countermeasures
If the Trade Representative notifies the administering authority that, pursuant to Article 4 or Article 7 of the Subsidies Agreement—
(A)(i) the United States has imposed countermeasures, and
(ii) such countermeasures are based on the
effects in the United States of imports of
merchandise that is the subject of a countervailing duty order, or
(B) a WTO member country has withdrawn
a countervailable subsidy provided with respect to merchandise subject to a countervailing duty order,
the administering authority shall conduct a
review to determine if the amount of the estimated duty to be deposited should be adjusted
or the order should be revoked.

(3) Expedited review
The administering authority shall conduct
reviews under this subsection on an expedited
basis, and shall publish the results of such reviews in the Federal Register.
(h) Correction of ministerial errors
The administering authority shall establish
procedures for the correction of ministerial errors in final determinations within a reasonable
time after the determinations are issued under
this section. Such procedures shall ensure opportunity for interested parties to present their
views regarding any such errors. As used in this
subsection, the term ‘‘ministerial error’’ includes errors in addition, subtraction, or other
arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the
like, and any other type of unintentional error
which the administering authority considers
ministerial.
(June 17, 1930, ch. 497, title VII, § 751, as added
Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat.
175; amended Pub. L. 98–573, title VI, § 611(a)(2),
(3), Oct. 30, 1984, 98 Stat. 3031; Pub. L. 99–514,
title XVIII, § 1886(a)(8), Oct. 22, 1986, 100 Stat.
2922; Pub. L. 100–418, title I, § 1333(b), Aug. 23,
1988, 102 Stat. 1209; Pub. L. 103–465, title II,
§§ 220(a), 283(c), Dec. 8, 1994, 108 Stat. 4857, 4930;
Pub. L. 106–36, title II, § 2410, June 25, 1999, 113
Stat. 171.)
REFERENCES IN TEXT
Section 1303 of this title, referred to in subsecs. (a)(1),
(b)(1)(A), and (c)(1)(A), (6)(C)(i), is defined in section
1677(26) of this title to mean section 1330 as in effect on
the day before Jan. 1, 1995.
The Antidumping Act, 1921, referred to in subsecs.
(a)(1), (b)(1)(A), and (c)(6)(C)(ii), is act May 27, 1921, ch.
14, title II, 42 Stat. 11, as amended, which was classified
generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93
Stat. 193.
The International Emergency Economic Powers Act,
referred to in subsec. (c)(7)(A), is title II of Pub. L.
95–223, Dec. 28, 1977, 91 Stat. 1626, as amended, which is
classified generally to chapter 35 (§ 1701 et seq.) of Title
50, War and National Defense. For complete classification of this Act to the Code, see Short Title note set
out under section 1701 of Title 50 and Tables.
AMENDMENTS
1999—Subsec. (c)(7). Pub. L. 106–36 added par. (7).
1994—Pub. L. 103–465, § 283(c), added subsec. (g) and redesignated former subsec. (g) as (h).
Pub. L. 103–465, § 220(a), amended section generally,
substituting present provisions for provisions relating
to administrative review of determinations, which provided for periodic review of amount of duty in subsec.
(a), review upon information or request in subsec. (b),
revocation of countervailing duty order or antidumping
duty order in subsec. (c), hearings in subsec. (d), determination that basis for suspension no longer existed in
subsec. (e), and correction of ministerial errors in subsec. (f).
1988—Subsec. (f). Pub. L. 100–418 added subsec. (f).
1986—Subsec. (b)(1). Pub. L. 99–514 inserted ‘‘or countervailing duty’’ after ‘‘antidumping’’ in two places in
last sentence.
1984—Subsec. (a)(1). Pub. L. 98–573, § 611(a)(2)(A), inserted ‘‘if a request for such a review has been received
and’’ in provisions preceding subpar. (A).
Subsec. (b)(1). Pub. L. 98–573, § 611(a)(2)(B), substituted
‘‘1671c of this title (other than a quantitative restriction agreement described in subsection (a)(2) or (c)(3))

§ 1675a

TITLE 19—CUSTOMS DUTIES

or 1673c of this title (other than a quantitative restriction agreement described in subsection (a)(2))’’ for
‘‘1671c or 1673c of this title’’, inserted reference to section 1676a(a)(1) or 1676a(a)(2) of this title, and inserted
provision that during an investigation by the Commission, the party seeking revocation of an antidumping
order shall have the burden of persuasion with respect
to whether there are changed circumstances sufficient
to warrant revocation of the antidumping order.
Subsec. (c). Pub. L. 98–573, § 611(a)(3), inserted provision that the administering authority shall not revoke,
in whole or in part, a countervailing duty order or terminate a suspended investigation on the basis of any
export taxes, duties, or other charges levied on the export of merchandise to the United States specifically
intended to offset the subsidy received.
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by Pub. L. 103–465 effective, except as
otherwise provided, on the date on which the WTO
Agreement enters into force with respect to the United
States [Jan. 1, 1995], and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter
after such date, see section 291 of Pub. L. 103–465, set
out as a note under section 1671 of this title.
EFFECTIVE DATE OF 1984 AMENDMENT
Amendment by Pub. L. 98–573 applicable with respect
to investigations initiated by petition or by the administering authority under parts I and II of this subtitle,
and to reviews begun under section 1675 of this title, on
or after Oct. 30, 1984, see section 626(b)(1) of Pub. L.
98–573, as amended, set out as a note under section 1671
of this title.
EFFECTIVE DATE
Part effective Jan. 1, 1980, see section 107 of Pub. L.
96–39, set out as a note under section 1671 of this title.
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the
Department of the Treasury, including functions of the
Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and
557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section
542 of Title 6.
SUSPENSION OF THE AVAILABILITY OF BONDS TO NEW
SHIPPERS
Pub. L. 109–280, title XIV, § 1632(a), Aug. 17, 2006, 120
Stat. 1165, provided that: ‘‘Clause (iii) of section
751(a)(2)(B) of the Tariff Act of 1930 (19 U.S.C.
1675(a)(2)(B)(iii)) shall not be effective during the period
beginning on April 1, 2006, and ending on June 30, 2009.’’
URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE
The Uruguay Round Agreements, including the World
Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section
3511(d) of this title, entered into force with respect to
the United States on Jan. 1, 1995. See note set out
under section 3511 of this title.
PLAN AMENDMENTS NOT REQUIRED UNTIL
JANUARY 1, 1989
For provisions directing that if any amendments
made by subtitle A or subtitle C of title XI [§§ 1101–1147
and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L.
99–514 require an amendment to any plan, such plan
amendment shall not be required to be made before the
first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99–514, as amended, set out as a
note under section 401 of Title 26, Internal Revenue
Code.

Page 336

§ 1675a. Special rules for section 1675(b) and
1675(c) reviews
(a) Determination of likelihood of continuation
or recurrence of material injury
(1) In general
In a review conducted under section 1675(b)
or (c) of this title, the Commission shall determine whether revocation of an order, or termination of a suspended investigation, would be
likely to lead to continuation or recurrence of
material injury within a reasonably foreseeable time. The Commission shall consider the
likely volume, price effect, and impact of imports of the subject merchandise on the industry if the order is revoked or the suspended investigation is terminated. The Commission
shall take into account—
(A) its prior injury determinations, including the volume, price effect, and impact of
imports of the subject merchandise on the
industry before the order was issued or the
suspension agreement was accepted,
(B) whether any improvement in the state
of the industry is related to the order or the
suspension agreement,
(C) whether the industry is vulnerable to
material injury if the order is revoked or the
suspension agreement is terminated, and
(D) in an antidumping proceeding under
section 1675(c) of this title, the findings of
the administering authority regarding duty
absorption under section 1675(a)(4) of this
title.
(2) Volume
In evaluating the likely volume of imports
of the subject merchandise if the order is revoked or the suspended investigation is terminated, the Commission shall consider whether
the likely volume of imports of the subject
merchandise would be significant if the order
is revoked or the suspended investigation is
terminated, either in absolute terms or relative to production or consumption in the
United States. In so doing, the Commission
shall consider all relevant economic factors,
including—
(A) any likely increase in production capacity or existing unused production capacity in the exporting country,
(B) existing inventories of the subject merchandise, or likely increases in inventories,
(C) the existence of barriers to the importation of such merchandise into countries
other than the United States, and
(D) the potential for product-shifting if
production facilities in the foreign country,
which can be used to produce the subject
merchandise, are currently being used to
produce other products.
(3) Price
In evaluating the likely price effects of imports of the subject merchandise if the order is
revoked or the suspended investigation is terminated, the Commission shall consider
whether—
(A) there is likely to be significant price
underselling by imports of the subject merchandise as compared to domestic like products, and