Page:United States Statutes at Large Volume 102 Part 2.djvu/193

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PUBLIC LAW 100-418—AUG. 23, 1988 i

102 STAT. 1197

"(ID provided interested parties an opportunity for a hearing, and a period for the submission of written comments, on the classification of merchandise into the product cat^ories to be affected by such determination. "(O BASIS OF DETERMINATIONS.—In making determina-

tions under subparagraph (A) or (B), the Commission shall ensure that each product category consists of similar short life cycle merchandise which is produced by similar processes under similar circumstances and has similar uses. "(1) EuGiBLE DOMESTIC ENTITY.—The term 'el^ble domestic entity' means a manufacturer or producer in the United States, or a certified union or rea^nized union or group of workers which is representative of an industry in the United States, that manufactures or produces short life cycle merchandise that is— "(A) like or directly competitive with other merchandise that is the subject of 2 or more affirmative dumping determinations, or "(B) is similar enough to such other merchandise as to be considered for inclusion with such merchandise in a product monitoring cat^ory established under this section. "(2) AFFQUMATIVE DUMPING DETERMINATION.—The term 'affirmative dumpii^ determination' means— "(A) any affirmative final determination made by the administering authority under section 735(a) during the 8year period preceding the filing of the petition under this section that results in the issuance of an antidumping duty order under section 736 which requires the deposit of estimated antidumping duties at a rate of not less than 15 percent ad valorem, or "(B) any affirmative preliminary determination that— "(i) is made by the administering authority under section 733(b) during the 8-year period preceding the filing of the petition under this section in the course of an investigation for which no final determination is made under section 735 by reason of a suspension of the investigation under section 734, and "(ii) includes a determination that the estimated ^ average amount by which the foreign market value of the merchandise exceeds the United States price of the merchandise is not less than 15 percent ad valorem. "(3) SUBJECT OF AFFIRMATIVE DUMPING DETERMINATION.—
 * (b) DEFINITIONS.—For purposes of this section—

"(A) IN GENERAL.—Short life cycle merchandise of a manufacturer shall be treated as being the subject of an affirmative dumping determination only if the administering authority— "(i) makes a separate determination of the amount by which the foreign market value of such merchandise of the manufacturer exceeds the United States price of such merchandise of the manufacturer, and "(ii) specifically identifies the manufacturer by name with such amount in the affirmative dumping determination or in an antidumping duty order issued as a result of the affirmative dumping determination.

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