Page:United States Statutes at Large Volume 108 Part 6.djvu/300

 108 STAT. 4868 PUBLIC LAW 103-465—DEC. 8, 1994 "(ii) did not exist at the time that the countervailing duty order was issued or the suspension agreement was accepted, and "(B) programs newly alleged to provide countervailable subsidies but only to the extent that the administering authority makes an affirmative countervailing duty determination with respect to such programs and with respect to the exporters or producers subject to the review. "(3) NET COUNTERVAILABLE SUBSIDY.—The administering authority shall provide to the Commission the net countervailable subsidy that is likely to prevail if the order is revoked or the suspended investigation is terminated. The administering authority shall normally choose a net countervailable subsidy that was determined under section 705 or subsection (a) or (b)(1) of section 751. "(4) SPECLfU. RULE. — " (A) TREATMENT OF ZERO AND DE MINIMIS RATES. — A net countervailable subsidy described in paragraph (1)(A) that is zero or de minimis shall not by itself require the administering authority to determine that revocation of a countervailing duty order or termination of a suspended investigation would not be likely to lead to continuation or reciurence of a countervailable subsidy. "(B) APPLICATION OF DE MINIMIS STANDARDS. — For purposes of this paragraph, the administering authority snail apply the de minimis standards applicable to reviews conducted under subsections (a) and (b)(1) of section 751. "(c) DETERMINATION OF LIKELIHOOD OF CONTINUATION OR RECURRENCE OF DUMPING.— "(1) IN GENERAL.—In a review conducted under section 751(c), the administering authority shall determine whether revocation of an antidumping duty order or termination of a suspended investigation under section 734 would be likely to lead to continuation or reciurence of sales of the subject merchandise at less than fair value. The administering authority shall consider— "(A) the weighted average dumping margins determined in the investigation and subsequent reviews, and "(B) the voliune of imports of the subject merchandise for the period before ana the period after the issuance of the antidumping duty order or acceptance of the suspension agreement. "(2) CONSIDERATION OF OTHER FACTORS. — If good cause is shown, the administering authority shall also consider such other price, cost, market, or economic factors as it deems relevant. "(3) MAGNITUDE OF THE MARGIN OF DUMPING.—The administering authority shall provide to the Commission the magnitude of the margin of^ dumping that is likely to prevail if the order is revoked or the suspended investigation is terminated. The administering authority shall normally choose a margin that was determined under section 735 or under subsection (a) or (b)(1) of section 751. " (4) SPECIAL RULE.— "(A) TREATMENT OF ZERO OR DE MINIMIS MARGINS.— A dimiping margin described in paragraph (1)(A) that is zero or de minimis shall not by itself require ihe admin-

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