Page:United States Statutes at Large Volume 102 Part 2.djvu/197

 PUBLIC LAW 100-418—AUG. 23, 1988

102 STAT. 1201

"(2) the person by whom, or for whose account, the merchandise was imported knew, or should have known, that the exporter was seUing the merchandise which is the subject of the investigation at less than its fair value, the administering authority may request the Commissioner of Customs to compile information on an expedited basis r^arding entries of the class or kind of merchandise that is the subject of the investigation. Upon receiving such request, the Commissioner of Customs shall collect information reganting the volume and value of entries of the class or kind of merchandise that is the subject of the invest^ation and shall transmit such information to the administering authority at such times as the administering authority shall direct (at least once every 30 days), until a final determination is made under section 735(a), the investigation is terminated, or the administering authority withdraws the request.". (2) Paragraph (1) of section 733(e) (19 U.S.C. 1673b(e)(l)) is amended by inserting "(at any time after the initiation of the investigation under this subtitle)" after "promptly". (3) Subparagraph (A) of section 735(b)(4) (19 U.S.C. 1673d(b)(4)(A)) is amended to read as follows: "(A) RETROACTTVE APPLICATION.—

"(i) IN GENERAL.—If the finding of the administering authority under subsection (a)(3) is affirmative, then the final determination of the Commission shall include a finding as to whether retroactive imposition of antidumping duties on the merchandise appears necessary to prevent recurrence of material injury that was caused by massive imports of the merchandise over a relatively short period of time. "(ii) PREVENTION OF RECURRENCE.—For purposes of making its finding under clause (i), the Commission shall make an evaluation as to whether the effectiveness of the antidumping duty order would be materially impaired if such imposition did not occur. "(iii) EIvALUATiON OF EFFECTIVENESS.—In making the evaluation under clause (ii), the O)mmission shall consider, among other factors it considers relevant— "(I) the condition of the domestic industry, "(II) whether massive imports of the merchandise in a relatively short period of time can be accounted for by efforts to avoid the potential imposition of antidumping duties, "(III) whether foreign economic conditions led to the massive imports of the merchandise, and "(TV) whether the impact of the massive imports of the merchandise is likely to continue for some period after issuance of the antidumping duty order under this subtitle.". SEC. 1325. EXPEDITED REVIEW AUTHORITY.

(a) IN GENERAL.—Paragraph (1) of section 736(c) (19 U.S.C. 1673e(c)(l)) is amended to read as follows: "(1)

CONDITIONS FOR WAIVER OF DEPOSIT OF ESTIMATED

DUTIES.—The administering authority may permit, for not more than 90 days after the date of publication of an order under subsection (a), the posting of a bond or other security in lieu of

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