Page:United States Statutes at Large Volume 108 Part 6.djvu/297

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4865 inff immediately after subparagraph (C) the following new subparagraph: "(D) a final determination by the administering authority or the Commission under section 751(0)(3),". (2) TECHNICAL AMENDMENTS.—Section 516A(b)(l) (19 U.S.C. 1516a(b)(l)) is amended— (A) in subparagraph (A), by striking "under paragraph (1) of subsection (a)" and inserting "under subparagraph (A), (B), or (C) of subsection (a)( 1)", and . (B) in subparagraph (B)— (i) by striking "(B) in an action" and inserting "(B)(i) in an action, (ii) by striking the end period and inserting ", or", and (iii) by adding at the end the following: "(ii) in an action brought under paragraph (1)(D) of subsection (a), to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.". (c) CONFORMING AMENDMENT.— Section 504 (19 U.S.C. 1504) is amended— (1) in subsection (a), by inserting "except as provided in section 751(a)(3)," before "an entry of merchandise not liquidated", and (2) in subsection (d), by striking "When a suspension" and inserting "Except as provided in section 751(a)(3), when a suspension". SEC. 221. REVIEW DETERMINATIONS. (a) IN GENERAL. —Chapter 1 of subtitie C of title VII (19 U.S.C. 1675) is amended by adding at the end the following new section: "SEC. 752. SPECIAL RULES FOR SECTION 751(b) AND 751(c) REVIEWS. 19 USC 1675a. "(a) DETERMINATION OF LIKELIHOOD OF CONTINUATION OR RECURRENCE OF MATERIAL INJURY.— "(1) IN GENERAL.—In a review conducted under section 751 (b) or (c), the Commission shall determine whether revocation of an order, or termination of a suspended investigation, would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time. The Commission shall consider the likely volume, price effect, and impact of imports of the subject merchandise on the industry if the order is revoked or the suspended investigation is terminated. The Commission shall take into account— "(A) its prior injury determinations, including the volume, price effect, and impact of imports of the subject merchandise on the industiy before me order was issued or the suspension agreement was accepted, "(B) whether any improvement in the state of the industry is related to the order or the suspension agreement, "(C) whether the industry is vulnerable to material injury if the order is revoked or the suspension agreement is terminated, and "(D) in an antidimiping proceeding under section 751(c), the findings of the administering autiiority regarding duty absorption under section 751(a)r4). "(2) VOLUME.— In evaluating the likely volume of imports of the subject merchandise if the order is revoked or the sus-

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