Page:United States Statutes at Large Volume 102 Part 2.djvu/185

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1189

States International Trade Commission shall assist the Trade Representative in preparing the application under paragraph (1). (d)

CONSULTATION AFTER SUBMISSION OP APPLICATION.—After

submitting an application under subsection (c)(D* the Trade Representative shall seek consultations with the appropriate authority of the Agreement country r^arding the request for antidumping action. (e) ACTION UPON REFUSAL OF AGREEMENT COUNTRY TO ACT.—If the

appropriate authority of an Agreement country refuses to undertake antidumping measures in response to a request made therefor by the Trade Representative under subsection (c), the Trade Representative shall promptly consult with the domestic industry on whether action under any other law of the United States is appropriate. SEC. 1318. INPUT DUMPING BY RELATED PARTIES.

Subsection (e) of section 773 (19 U.S.C. 1677b(e)) is amended— (1) by striking out "(3)" each place it appears in paragraph (2) and inserting "(4)", (2) by redesignating paragraph (3) as paragraph (4), (3) by inserting after paragraph (2) the following new paragraph: "(3) SPECIAL RULE.—If, r^arding any transaction between persons specified in any one of the subparagraphs of paragraph (4) involving the production by one of such persons of a major input to the merchandise under consideration, the administering authority has reasonable grounds to believe or suspect that an amount represented as the value of such input is less than the costs of production of such input, then the administering authority may determine the value of the major input on the best evidence available r^arding such costs of production, if such costs are greater than the amount that would be determined for such input under paragraph (2).", and (4) by striking out "paragraph (2)" in paragraph (4) (as redesignated by paragraph (2)) and inserting "paragraphs (2) and (3)". SEC 1319. FICTITIOUS MARKETS.

Subsection (a) of section 773 of the Tariff Act of 1930 (19 U.S.C. 1677b(a)) is amended by adding at the end thereof the following new paragraph: "(5) FICTITIOUS MARKETS.—The occurrence of different movements in the prices at which different forms of any merchandise subject to an antidumping duty order issued under this title are sold (or, in the absence of sales, offered for sale) after the issuance of such order in the principal markets of the foreign country from which the merchandise is exported may be considered by the administering authority as evidence of the establishment of a fictitious market for the merchandise if the movement in such prices appears to reduce the amount by which the foreign market value of the merchandise exceeds the United Stat^ price of the merchandise.". SEC. 1320. DOWNSTREAM PRODUCT MONITORING.

(a) IN GENERAL.—Subtitle D (19 U.S.C. 1677 et seq.) is amended by adding at the end thereof the following:

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