Page:United States Statutes at Large Volume 108 Part 6.djvu/306

 108 STAT. 4874 PUBLIC LAW 103-465—DEC. 8, 1994 investigation to submit comments concerning the significance of the administering authority's final determination, and shall include such comments and the administering authority's final determination in the record for the subsequent investigation. " (iv) REGIONAL INDUSTRY DETERMINATIONS. —In an investigation which involves a regional industry, and in whicn the Commission decides that the volume and effect of imports should be cumulatively assessed under this subparagraph, such assessment shall be based upon the volimie sind effect of imports into the region or regions determined by the Commission. The provisions of clause (iii) shall apply to such investigations. " (H) CUMULATION FOR DETERMINING THREAT OF MATE- RIAL INJURY. —To the extent practicable and suWect to subparagraph (G)(ii), for purposes of clause (i)(III) and (IV) of subparagraph (F), the Commission may cumulatively assess the volume and price effects of imports of the subject merchandise from all countries with respect to which— "(i) petitions were filed under section 702(b) or 732(b) on the same day, "(ii) investigations were initiated under section 702(a) or 732(a) on the same day, or "(iii) petitions were filed under section 702(b) or 732(b) and investigations were initiated under section 702(a) or 732(a) on the same day, if such imports compete with each other and with domestic like products in the United States market". (f) CONSIDERATION OF POST-PETITION INFORMATION.—Section 771(7) (19 U.S.C. 1677(7)), is amended by adding at the end the following: "(I) CONSIDERATION OF POST-PETITION INFORMATION. — The Commission shall consider whether any change in the volimie, price effects, or impact of imports of the subject merchandise siuce the filing of the petition in an investigation under subtitie A or B is related to the pendency of the investigation and, if so, the Commission may reduce the weight accorded to the data for the period after the filing of the petition in making its determination of material imury, threat of material injury, or material retardation of the establishment of an industry in the United States.". (g) INTERESTED PARTY.—Section 771(9) (19 U.S.C. 1677(9)) is amended— (1) in subparagraph (A), by inserting "producers, exporters, or'' before "importers", and (2) in subparagraph (B), inserting "or froTD. which such merchandise is exported" after "manufactured". (h) ORDINARY COURSE OF TRADE.—Section 771(15) (19 U.S.C. 1677(15)) is amended— (1) by striking "merchandise which is the subject of an investigation" and inserting "subject merchandise"; and (2) by adding at the end the following: "The administering authority shall consider the following sales and transactions, among others, to be outside the ordinary course of trade: "(A) Sales disregarded under section 773(b)(1). "(B) Transactions disregarded under section 773(f)(2).".

�