Page:United States Statutes at Large Volume 108 Part 6.djvu/293

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4861 "(B) the party seeking termination of a suspended investigation or a suspension agreement shall have the burden of persuasion with respect to whether there are changed circumstances sufficient to warrant such termination. " (4) LIMITATION ON PERIOD FOR REVIEW.—In the absence of good cause shown— "(A) the Commission may not review a determination made under section 705(b) or 735Cb), or an investigation suspended under section 74 or 734, and "(B) the administering authority may not review a determination made under section 705(a) or 735(a), or an investigation suspended under section 704 or 734, less than 24 months after the date of publication of notice of that determination or suspension. " (c) FIVE-YEAR REVIEW.— "(1) IN GENERAL. — Notwithstanding subsection (b) and except in the case of a transition order defined in paragraph (6), 5 years after the date of publication of— "(A) a countervailing duty order (other than a countervailing duty order to which subparagraph (B) applies or which was issued without an affirmative determination of injury by the Commission under section 303), an antidumping duty order, or a notice of suspension of an investigation, described in subsection (a)(D, "(B) a notice of injury determination under section 753 with respect to a countervailing duty order, or "(C) a determination under this section to continue an order or suspension agreement, the administering authority and the Commission shall conduct a review to determine, in accordance with section 752, whether revocation of the countervailing or antidimiping duty order or termination of the investigation suspended under section 704 or 734 would be likely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) and of material injury. "(2) NOTICE OF INITIATION OF REVIEW.— Not later than 30 days before the fifth Eumiversary of the date described in paragraph (1), the administering authority shall publish in the Federal Register a notice of initiation of a review under this subsection and request that interested parties submit— "(A) a statement expressing their wilhngness to participate in tile review by providing information requested by the administering autiiority and the Commission, "(B) a statement regarding the likely effects of revocation of the order or termination of the suspended investigation, and "(C) such other information or industry data as the administering authority or the Conunission may specify. " (3) RESPONSES TO NOTICE OF INITIATION. — "(A) No RESPONSE. —I f no interested party responds to the notice of initiation under this subsection, the administering authority shall issue a final determination, within 90 days after the initiation of a review, revoking the order or terminating the suspended investigation to which such notice relates. For purposes of this paragraph, an interested Federal Register, publication.

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