Page:United States Statutes at Large Volume 108 Part 6.djvu/301

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4869 istering authority to determine that revocation of an antidumping duty order or termination of a suspended investigation woilld not be hkely to lead to continuation or reciurence of sales at less than fair value. "(B) APPLICATION OF DE MINIMIS STANDARDS. — For purposes of this paragraph, the administering authority snail apply the de minimis standards appHcable to reviews conducted under subsections (a) and (b) of section 751.". (b) AFFIRMATIVE DETERMINATIONS BY DIVIDED COMMISSION.— Section 771(11) (19 U.S.C. 1677(11)) is amended by inserting ", including a determination under section 751," after "determination by the Commission". (c) CONFORMING AMENDMENT. —The table of contents for title VII is jmiended by inserting after the item relating to section 751 the following: "Sec. 752. Special rules for section 751(b) and 751(c) reviews.". SEC. 222. DEFINITIONS. (a) INDUSTRY. — (1) IN GENERAL. — Subparagraphs (A) and (B) of section 771(4) (19 U.S.C. 1677(4)(A) and (B)) are amended to read as follows: "(A) IN GENERAL.—The term Industry' means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. " (B) RELATED PARTIES. — "(i) If a producer of a domestic Uke product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded fix)m the industry. "(ii) For piirposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— "(I) the producer directiy or indirectiy controls the exporter or importer, "(II) the exporter or importer directiy or indirectly controls the producer, "(III) a third party directiy or indirectiy controls the producer and the exporter or importer, or "(IV) the producer and the exporter or importer directiy or indirectiy control a third party and there is reason to believe that the relationship causes the producer to act differentiy than a nonrelated producer. For piuposes of this subparagraph, a party shall be considered to directiy or indirectiy control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party.". (2) REGIONAL INDUSTRY.— Section 771(4)(C) (19 U.S.C. 1677(4)(C)) is amended by adding at the end the following new sentence: "The term 'regional industry* means the domestic

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