Page:United States Statutes at Large Volume 108 Part 6.djvu/277

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4845 if such producers are related to foreign producers, as defined in section 771(4)(B)(ii), unless such domestic producers demonstrate that their interests as domestic producers would be adversely affected by the imposition of a countervailing duty order. importers of the subject merchandise. "(C) SPECIAL RULE FOR REGIONAL INDUSTRIES.— I f the petition alleges that the industry is a regional industry, the administering authority shall determine whether the petition has been filed by or on behalf of the industry by applying subparagraph (A) on the basis of production in the region. "(D) POLLING THE INDUSTRY. — If the petition does not establish support of domestic producers or workers accounting for more than 50 percent of the total production of the domestic like product, the administering authority shall— "(i) poll the industry or rely on other information in order to determine if there is support for the petition as required by subparagraph (A), or "(ii) if there is a large number of producers in the industry, the administering authority may determine industry support for the petition by using any statistically valid sampling method to poll me industry. " (E) COMMENTS BY INTERESTED PARTIES. — Before the administering authority makes a determination with respect to initiating an investigation, any person who would qualify as an interested party under section 771(9) if an investigation were initiated, may submit comments or information on the issue of industry support After the administering autiiority makes a determination with respect to initiating an investigation, the determination regarding industry support shall not be reconsidered. "(5) DEFINITION OF DOMESTIC PRODUCERS OR WORKERS. — For purposes of this subsection, the term 'domestic producers or workers' means those interested parties who are eligible to file a petition under subsection (b)(1)(A).''. (2) ANTIDUMPING DUTY PETITION.— Section 732(c) (19 U.S.C. 1673a(c)) is amended to read as follows: " (c) PETITION DETERMINATION.— "(1) IN GENERAL.— "(A) TIME FOR INITIAL DETERMINATION.— Except as provided in subparagraph (B), within 20 days after the date on which a petition is filed under subsection (b), the administering aumority 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 731 and contains information reasonably available to the petitioner supporting the allegations, and "(ii) determine if me petition has been filed by or on behalf of the industry.
 * (ii) PRODUCERS WHO ARE IMPORTERS.—The administering authority may disregard the position of domestic producers of a domestic like product who are

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