Page:United States Statutes at Large Volume 108 Part 6.djvu/276

 108 STAT. 4844 PUBLIC LAW 103-465—DEC. 8, 1994 on which a petition is filed under subsection G)), the administering authority shall— "(i) after examining, on the basis of sources readily available to the administering authority, the accuracy and adequacy of the evidence provided in the petition, determine whether the petition alleges the elements necessary for the imposition of a duty under section 701(a) and contains information reasonably available to the petitioner supporting the allegations, and "(ii) determine if the petition has been filed by or on behalf of the industry. "(B) EXTENSION OF TIME.— In any case in which the administering authority is required to poll or otherwise determine support for the petition by the industry under paragraph (4)(D), the administering authority may, in exceptional circumstances, apply subparagraph (A) by substituting 'a maximum of 40 days' for *20 days'. "(C) TIME LIMITS WHERE PETITION INVOLVES SAME MER- CHANDISE AS AN ORDER THAT HAS BEEN REVOKED. — If a petition is filed under this section with respect to merchandise that was the subject merchandise of— "(i) a countervailing duty order that was revoked under section 751(d) in the 24 months preceding the date the petition is filed, or "(ii) a suspended investigation that was terminated under section 751(d) in the 24 months preceding the date the petition is filed, the administering authority and the Commission shall, to the maximum extent practicable, expedite any investigation initiated under this section with respect to the petition, "(2) AFFIRMATIVE DETERMINATIONS. — If the determinations under clauses (i) and (ii) of paragraph (1)(A) are affirmative, the administering authority shall initiate an investigation to determine whether a countervailable subsidy is being provided with respect to the subject merchandise. "(3) NEGATIVE DETERMINATIONS. —If the determination under clause (i) or (ii) of paragraph (1)(A) is negative, the administering authority shall dismiss the petition, terminate the proceeding, and notify the petitioner in writing of the reasons for the determination. "(4) DETERMINATION OF INDUSTRY SUPPORT. — "(A) GENERAL RULE.— For purposes of this subsection, the administering authority shall determine that the petition has been filed by or on behalf of the industry, if— "(i) the domestic producers or workers who support the petition account for at least 25 percent oi the total production of the domestic like product, and "(ii) the domestic producers or workers who support the petition account for more than 50 percent of the production of the domestic like product produced by that portion of the industry expressing support for or opposition to the petition. "(B) CERTAIN POSITIONS DISREGARDED. — "(i) PRODUCERS RELATED TO FOREIGN PRODUCERS. — In determining industry support under subpsiragraph (A), the administering authority shall disregard the position of domestic producers who oppose the petition.

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