Page:United States Statutes at Large Volume 108 Part 6.djvu/345

 PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4913 (b) FINAL DETERMINATION.— (1) IN GENERAI..— Section 705(c)(l) (19 U.S.C. 1671d(c)(l)) is amended— (A) in subparagraph (B)— (i) by redesignating such subparagraph as subparagraph (C); and (ii) by striking **under paragraphs (1) and (2)" and all that follows through "security* and inserting "the suspension of Hquidation under paragraph (2) of section TOSCd)"; (B) by striking "and" at the end of subparagraph (A); and (C) by inserting after subparagraph (A) the following new subparagraph: "(B)(i) the administering authority shall— "(I) determine an estimated individual countervailable subsidy rate for each exporter and producer individually investigated, and, in accordance with paragraph (5), an estimated all-others rate for all exporters and producers not individually investigated and for new exporters and producers within the meaning of section 751(a)(2)(B), or " (II) if 777A(e)(2)(B) applies, determine a single estimated country-wide subsidy rate, applicable to all exporters and producers, "(ii) shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated individual countervailable subsidy rate, the estimated all-others rate, or the estimated country-wide subsidy rate, whichever is appHcable, and". (2) METHOD FOR DETERMINING COUNTERVAILABLE SUBSIDY RATE. —Section 705(c) (19 U.S.C. 1671d(c)) is amended by adding at the end the following new psiragraph: "(5) METHOD FOR DETERMINING THE ALL-OTHERS RATE AND THE COUNTRY-WIDE SUBSIDY RATE. — "(A) ALL-OTHERS RATE. — "(i) GENERAL RULE.— For piuiposes of this sub- ^' section and section 703(d), the all-others rate shall be an amount equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under section 776. "(ii) EXCEPTION.—I f the countervailable subsidy rates established for all exporters and producers individually investigated are zero or de minimis rates, or are determined entirely under section 776, the administering authority may use any reasonable method to establish an all-others rate for exporters
 * and producers not individually investigated, including

averaging the weighted average countervailable subsidy rates determined for the exporters and producers individually investigated. "(B) COUNI^RY-WIDE SUBSIDY RATE. —The administering authority may calculate a single country-wide subsidy rate.

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