Page:United States Statutes at Large Volume 108 Part 6.djvu/279

 «tf*jfir«i,^* PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4847 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 vahd sampling method to poll the 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 authority 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).''. (b) DETERMINATION BY THE COMMISSION OF REASONABLE INDICATION OF INJURY; PRELIMINARY DETERMINATION BY THE ADMINISTERING AUTHORITY.— (1) COUNTERVAIUNG DUTY INVESTIGATIONS. — (A) Section 703(a) (19 U.S.C. 1671b(a)) is amended to read as follows: "(a) DETERMINATION BY COMMISSION OF REASONABLE INDICA- TION OF INJURY. — "(1) GENERAL RULE.— Except in the case of a petition dismissed by the administering authority under section 702(c)(3), the Commission, within the time specified ia paragraph (2), shall determine, based on the information available to it at the time of the determination, whether there is a reasonable indication that— "(A) an industry in the United States— "(B) the establishment of an industry in the United States is materially retarded, by reason of imports of the subject merchandise and that imports of the subject merchandise are not negUgible. If the Commission finds titiat imports of the subject mercnandise are negUgible or otherwise makes a negative determination under this paragraph, the investigation shall be terminated. "(2) TIME FOR COMMISSION DETERMINATION. — The Commission shall make the determination described in paragraph (1)— "(A) in the case of a petition filed under section 702(b)—
 * (i) is materially injured, or
 * (ii) is threatened with material injmy, or

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