Page:United States Statutes at Large Volume 108 Part 6.djvu/278

 108 STAT. 4846 PUBLIC LAW 103-465—DEC. 8, 1994 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 subpargigraph (A) by substituting *a maximimi of 40 days' for '20 days'. " (C) TIME LIMITS WHERE PETITION INVOLVES SAME MER- CHANDISE AS AN ORDER THAT HAS BEEN REVOKED.—I f a petition is filed under this section with respect to merchandise that was the subject merchandise of— was revoked under section 751(d) in the 24 months preceding the date the petition is filed, or "(ii) a suspended investigation that was terminated under section 751(d) in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 imtiate an investigation to determine whether the subject merchandise is being, or is likely to be, sold in the United States at less than its fair value. "(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 of 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 subparagraph (A), the administering authority shall disregard the position of domestic producers wno oppose the petition, 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 an antidumping duty order. "(ii) PRODUCERS WHO ARE IMPORTERS.— The administering authority may disregard the position of domestic producers of a domestic Uke product who are importers of the subject merchandise. "(C) SPECIAL RULE FOR REGIONAL INDUSTRIES.— If the petition alleges the industry is a regional industry, the
 * (B) EXTENSION OF TIME.— In any case in which the
 * (i) an antidumping duty order or finding that

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