Page:United States Statutes at Large Volume 102 Part 2.djvu/198

 102 STAT. 1202

PUBLIC LAW 100-418—AUG. 23, 1988

the deposit of estimated antidumping duties required under subsection (a)(3) if— "(A) the investigation has not been designated as extraordinarily complicated by reason of— '(i) the number and complexity of the transactions to be investigated or adjustments to be considered, "(ii) the novelty of the issues presented, or "(iii) the number of firms whose activities must be investigated, "(B) the final determination in the investigation has not been postponed under section 735(a)(2)(A); "(C) on the basis of information presented to the administering authority by any manufacturer, producer, or exporter in such form and within such time as the administering authority may require, the administering authority is satisfied that a determination will be made, within 90 days after the date of publication of an order under subsection (a), of the foreign market value and the United States price for all merchandise of such manufacturer, producer, or exporter described in that order which was entered, or withdrawn from warehouse, for consumption on or after the date of publication of^ "(i) an affirmative preliminary determination by the administering authority under section 733(b), or "(ii) if its determination under section 733(b) was negative, an affirmative final determination by the administering authority under section 735(a), and before the date of publication of the affirmative final determination by the Commission under section 735(b); "(D) the party described in subparagraph (C) provides credible evidence that the amount by which the foreign market value of the merchandise exceeds the United States price of the merchandise is significantly less than the amount of such excess specified in the antidumping duty order published under subsection (a); and "(E) the data concerning the foreign market value and the United States price apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison.", (b) BUSINESS PROPRIETARY INFORMATION.—Subsection (c) of section 736 (19 U.S.C. 1673e(c)) is amended by adding at the end thereof the following new paragraph: "(4) PROVISION OF BUSINESS PROPRIETARY INFORMATION; WRIT-

TEN COMMENTS.—Before determining whether to permit the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties, the administering authority shall— "(A) make all business proprietary information supplied to the administering authority under paragraph (1) available under a protective order in accordance with section 777(c) to all interested parties described in subparagraph (C), (D), (E), (F), or (G) of section 771(9), and "(B) afford all interested parties an opportunity to file written comments on whether the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties should be permitted.'.

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