Page:United States Statutes at Large Volume 102 Part 2.djvu/189

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1193

"(A) merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of— "(i) an antidumping duty order issued under section 736, "(ii) a finding issued under the Antidumping Act, 1921, or "(iii) a countervailing duty order issued under section 706 or section 303, "(B) before importation into the United States, such imported merchandise is completed or assembled in another foreign country from merchandise which— "(i) is subject to such order or finding, or "(ii) is produced in the foreign country with respect to which such order or finding applies, "(C) the difference between the value of such imported merchandise and the value of the merchandise described in subparagraph (B) is small, and "(D) the administering authority determines that action is appropriate under this pars^aph to prevent evasion of such order or finding, the administering authority, after taking into account any advice provided by the Commission under subsection (e), may include such imported merchandise within the scope of such order or findii^ at any time such order or finding is in effect. "(2) FACTORS TO CONSIDER.—In determining whether to include merchandise assembled or completed in a foreign country in a countervailing or antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— "(A) the pattern of trade, "(B) whether the manufacturer or exporter of the merchandise described in paragraph (1)(B) is related to the person who uses the merchan<Use described in paragraph (1)(B) to assemble or complete in the foreign country the merchandise that is subsequently imported into the United . States, and "(C) whether imports into the foreign country of the merchandise described in paragraph (I)(B) have increased after the issuance of such order or finding.
 * (c) MINOR ALTERATIONS OF MERCHANDISE.—

"(1) IN GENERAL.—The class or kind of merchandise subject to— "(A) an investigation under this title, "(B) an antidumping duty order issued under section 736, "(C) a finding issued under the Antidumping Act, 1921, or "(D) a countervailing duty order issued under section 706 or section 303, shall include articles altered in form or appearance in minor respects (including raw agricultural products that have undergone minor processing), whether or not included in the same tariff classification. "(2) EXCEPTION.—Paragraph (1) shall not apply with respect to altered merchandise if the administering authority determines that it would be unnecessary to consider the altered merchandise within the scope of the investigation, order, or finding. '(d) LATER-DEVELOPED MERCHANDISE.—

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