Page:United States Statutes at Large Volume 108 Part 6.djvu/283

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4851 then the final determination of the Commission shall include a finding as to whether the imports subject to the affirmative determination under subsection (a)(2) are likely to luidermine seriously the remedial effect of the countervailing duty order to be issued under section 706. "(ii) FACTORS TO CONSIDER. —In making the evaluation under clause (i), the Commission snail consider, among other factors it considers relevant— "(I) the timing and the volume of the imports, "(II) any rapid increase in inventories of the imports, and "(III) any other circumstances indicating that the remedial effect of the countervailing duty order will be seriously undermined.". (b) ANTIDUMPING INVESTIGATIONS. — (1) PREUMINARY DETERMINATIONS. —Section 733(e)(1) (19 U.S.C. 1673b(e)(l)) is amended— (A) in the matter preceding subparagraph (A) by striking "best information and inserting information"; and (B) by amending subparagraphs (A) and (B) to read as follows: "(A)(i) there is a history of dumping and material injury by reason of dmnped imports in the United States or elsewhere of the subject merchandise, or "(ii) the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be materisd injiuy by reason of such ssdes, and "(B) there have been massive imports of the subject merchandise over a relatively short penod.". (2) FINAL DETERMINATIONS. —(A) Section 735(a)(3) (19 U.S.C. 1673d(a)(3)) is amended— (i) in clause (i) of subparagraph (A)— (I) by inserting "and material injiuy by reason of dmnped imports after "history of dumping"; and (II) by striking "class or kind of the merchandise which is me subject of the investigation" and inserting "subject merchandise"; (ii) in clause (ii) of subpsiragraph (A) by striking "merchandise which is the subject of the investigation at less than its fair value" and inserting "subject merchandise at less than its fair value and that there would be material injiuy by reason of such sales"; and (ui) in subparagraph (B) by striking "merchandise which is the siibject or the investigation and inserting "subject merchandise". (B) Section 735(b)(4)(A) (19 U.S.C. 1673d(b)(4)(A)) is amended to read as follows: "(A) COMMISSION STANDARD FOR RETROACTIVE APPLICATION. — "(i) IN GENERAL. —I f the finding of the administering authority under subsection (a)(3) is affirmative, then the final determination of the Commission shall
 * (i) IN GENERAL. — I f the finding of the administering authority under subsection (a)(2) is affirmative,

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