Page:United States Statutes at Large Volume 108 Part 6.djvu/325

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4893 the administering authority, after taking into account any advice provided by the Commission under subsection (e), may include such imported merchandise within the scope of such order or finding at any time such order or finding is in effect. " (2) DETERMINATION OF WHETHER PROCESS IS MINOR OR INSIGNIFICANT.— In determining whether the process of assembly or completion is minor or insignificant under paragraph (1)(C), the administering authority shall take into account— "(A) the level of investment in the foreign country, "(B) the level of research and development in the foreign country, "(C) the nature of the production process in the foreign • country, "(D) the extent of production facilities in the foreign country, and "(E) whether the value of the processing performed in the foreign country represents a small proportion of the value of the merchandise imported into the United States. "(3) FACTORS TO CONSIDER.— In determining whether to include merchandise assembled or completed in a foreign country in a countervailing duty order or an antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— "(A) the pattern of trade, including sourcing patterns, "(B) whether the manufacturer or exporter of the merchandise described in paragraph (1)(B) is affiliated with the person who uses the merchandise described in paragraph (1)(B) to assemble or complete in the foreign country the merchandise that is subsequently imported into the United States, and "(C) whether imports into the foreign country of the merchandise described in paragraph (1)(B) have increased after the initiation of the investigation which resulted in the issuance of such order or finding.", (b) TIME LIMITS FOR ADMINISTERING AUTHORITY DETERMINA- TIONS. —Section 781 (19 U.S.C. 1677J) is amended by adding at the end the following: "(f) TIME LIMITS FOR ADMINISTERING AUTHORITY DETERMINA- TIONS.— The administering authority shall, to the maximum extent practicable, make the determinations under this section within 300 days from the date of the initiation of a countervailing duty or antidumping circumvention inquiry under this section.". SEC. 231. EVTOENCE. (a) CONDUCT OF INVESTIGATIONS AND ADMINISTRATIVE REVIEWS. —Subtitle D of title VII (19 U.S.C. 1671) is amended by adding at the end the following new section: "SEC. 782. CONDUCT OF INVESTIGATIONS AND ADMINISTRATIVE 19 USC 1677m. REVIEWS. "(a) TREATMENT OF VOLUNTARY RESPONSES IN COUNTERVAILING OR ANTIDUMPING DUTY INVESTIGATIONS AND REVIEWS. —In any investigation under subtitle A or B or a review under section 751(a) in which the administering authority has, under section 777A(c)(2) or section 777A(e)(2)(A) (whichever is applicable), limited the number of exporters or producers examined, or determined a single country-wide rate, the administering authority shall estab-

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