Page:United States Statutes at Large Volume 108 Part 6.djvu/292

 108 STAT. 4860 PUBLIC LAW 103-465—DEC. 8, 1994 Federal Register, publication. 516A, transmit to the Federal Register for publication the final disposition and issue instructions to the Customs Service with respect to the Uquidation of entries pursuant to the review. In such a case, the 90-day period referred to in subparagraph (B) shall begin on the day on which the administering authority issues such instructions. "(4) ABSORPTION OF ANTIDUMPING DUTIES. —During any review under this subsection initiated 2 years or 4 years after the publication of an antidumping duty order under section 736(a), the administering authority, if requested, shall determine whether antidumping duties have been absorbed by a foreign producer or exporter subject to the order if the subject mercnandise is sold in the United States through an importer who is afiiliated with such foreign producer or exporter. The administering authority shall notify the Commission of its findings regarding such duty absorption for the Commission to consider in conducting a review under subsection (c). "(1) IN GENERAL. —Whenever the administering authority or the Commission receives information concerning, or a request fix)m an interested party for a review of— "(A) a final affirmative determination that resulted ia an antidimiping duty order under this title or a finding under the Antidimiping Act, 1921, or in a countervaiHng duty order under this title or section 303, "(B) a suspension agreement accepted under section 704 or 734, or "(C) a final affirmative determination resulting fix)m an investigation continued pursuant to section 704(g) or 734(g), which shows changed circumstances sufficient to warrant a review of such determination or agreement, the administeriag authority or the Commission (as the case may be) shall conduct a review of the determination or agreement after publishing notice of the review in the Federal Register. "(2) COMMISSION REVIEW.—In conducting a review under this subsection, the Commission shall— "(A) in the case of a countervailing duty order or antidumping duty order or finding, determine whether revocation of the order or finding is likely to lead to continuation or recurrence of material injury, "(B) in the case of a determination made pursuant to section 704(h)(2) or 734(h)(2), determine whether the suspension agreement continues to eliminate completely the injurious effects of imports of the subject merchandise, and "(C) in the case of an affirmative determination resulting from an investigation continued under section 704(g) or 734(g), determine whether termination of the suspended investigation is hkely to lead to continuation or recurrence of material injury. "(3) BURDEN OF PERSUASION. —During a review conducted by the Commission under this subsection— "(A) the party seeking revocation of an order or finding described in paragraph (1)(A) shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant such revocation, and
 * (b) REVIEWS BASED ON CHANGED CIRCUMSTANCES. —

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