Page:United States Statutes at Large Volume 102 Part 2.djvu/195

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1199

this subsection is affirmative, the determination shall include the estimated average amount by which the foreign market value exceeds the United States price. "(B)

IF

CERTAIN

SHORT

LIFE

CYCLE MERCHANDISE

INVOLVED.—If a petition filed under section 732(b), or an investigation commenced under section 732(a), concerns short life cycle merchandise that is included in a product cat^ory established under section 739(a), subparagraph (A) shall be applied— "(i) by substituting '120 days' for '160 days* if manufacturers that are second offenders account for a significant proportion of the merchandise under investigation, and "(ii) by substituting '100 days' for '160 days' if manufacturers that are multiple offenders account for a significant proportion of die merchandise under investigation. "(C) DEFINITIONS OF OFFENDERS.—For purposes of subparagraph (B)— "(i) The term 'second offender' means a manufacturer that is specified in 2 affirmative dumping determinations (within the meaning of section 739) as the manufacturer of short life cycle merchandise that is— "(I) specified in both such determinations, and "(II) within the scope of the product category referred to in subparagraph (B). "(ii) The term 'multiple offender' means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of section 739) as the manufacturer of short life cycle merchandise that is— "(I) specified in each of such determinations, and "(II) within the scope of the product category referred to in subparagraph (B).". (2) Paragraph (1) of subsection (c) is amended by inserting at the end thereof the following sentence: "No extension of a determination date may be made under this paragraph for any investigation in which a determination date provided for in subsection (b)(l)(B) applies unless the petitioner submits written notice to the administering authority of its consent to the extension.". (3) Subsection (e)(1) is amended by adding at the end thereof the following flush sentence: "The administering authority shall be treated as having made an affirmative determination under subparagraph (A) in any investigation to which subsection (b)(l)(B) is applied.", (c) CONFORMING AMENDMENT.—The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 739 the following: "Sec. 739. Establishment of product categories for short life cycle merchandise.". SEC. 1324. CRITICAL CIRCUMSTANCES. (a) COUNTERVAILING DUTY INVESTIGATIONS.—

(1) Section 702 (19 U.S.C. 1671a) is amended by adding at the end thereof the following new subsection: "(e)

INFORMATION REGARDING CRITICAL CIRCUMSTANCES.—If,

at

any time after the initiation of an investigation under this subtitle.

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