Page:United States Statutes at Large Volume 108 Part 6.djvu/296

 108 STAT. 4864 PUBLIC LAW 103-465—DEC. 8, 1994 "(d) REVOCATION OF ORDER OR FINDING; TERMINATION OF SUS- PENDED INVESTIGATION.— "(1) IN GENERAL.— The admimstering authority may revoke, in whole or in part, a countervailing duty order or an antidumping duty order or finding, or terminate a suspended investigation, after review under subsection (a) or (b). The administering authority shall not revoke, in whole or in part, a countervailing duty order or terminate a suspended investigation on the basis of any export taxes, duties, or other chafes levied on the export of the subject merchandise to the United States which are specifically intended to offset the countervailable subsidy received. "(2) FrvE-YEAR REVIEWS. — In the case of a review conducted under subsection (c), the administering authority shall revoke a countervailing duty order or an antidumping duty order or finding, or terminate a suspended investigation, unless— "(A) the administering authority makes a determination that dumping or a countervaUable subsidy, as the case may be, would be likely to continue or recur, and "(B) the Commission makes a determination that material injury would be likely to continue or recur as described in section 752(a). "(3) APPLICATION OF REVOCATION OR TERMINATION.— A determination under this section to revoke an order or finding or terminate a suspended investigation shall apply with respect to imliquidated entries of the subject merchandise which are entered, or withdrawn from warehouse, for consumption on or after the date determined by the administering authority. "(e) HEARINGS.—Whenever the administering authority or the Commission conducts a review under this section, it shall, upon the request of an interested party, hold a hearing in accordance with section 774(b) in connection witii that review. " (f) DETERMINATION THAT BASIS FOR SUSPENSION NO LONGER EXISTS.—I f the determination of the Commission under subsection (b)(2)(B) is negative, the suspension agreement shall be treated as not accepted, beginning on the date of publication of the Commission's determination, and the administering authority and the Commission shall proceed, under section 704(i) or 734(i), as if the suspension agreement had been violated on that date, except that no duty under any order subsequentiy issued shall be assessed on merchandise entered, or withdrawn from warehouse, for consumption before that date. " (g) CORRECTION OF MINISTERIAL ERRORS. —The administering authority shall establish procedures for the correction of ministerial errors in final determinations within a reasonable time after the determinations are issued under this section. Such procedures shall ensure opportunity for interested parties to present their views regarding any such errors. As used in this subsection, the term 'ministerial error' includes errors in addition, subtraction, or other arithmetic ftinction, clerical errors resulting fix)m inaccurate copy- ing, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.". (b) REVIEW OF DETERMINATIONS. — 19 USC 1516a. (1) IN GENERAL.— Section 516A(a)(l) (19 U.S.C. 1516A(a)(l)) is amended by striking "or" at the end of subparagraph (B), by inserting "or" at the end of subparagraph (C), and by insert-

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