Page:United States Statutes at Large Volume 114 Part 2.djvu/888

 114 STAT. 1549A-74 PUBLIC LAW 106-387 —APPENDIX "(A) the company, business, or person directly or indirectly controls or is controlled by the other company, business, or person, "(B) a third party directly or indirectly controls both companies, businesses, or persons, "(C) both companies, businesses, or persons directly or indirectly control a third party and there is reason to believe that the relationship causes the first company, business, or persons to act differently than a nonrelated party. For purposes of this paragraph, a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise restraint or direction over the other party. "(c) DISTRIBUTION PROCEDURES. — The Commissioner shall prescribe procedures for distribution of the continued dumping or subsidies offset required by this section. Such distribution shall be made not later than 60 days after the first day of a fiscal year from duties assessed during the preceding fiscal year. "(d) PARTIES ELIGIBLE FOR DISTRIBUTION OF ANTIDUMPING AND COUNTERVAILING DUTIES ASSESSED. — " (1) LIST OF AFFECTED DOMESTIC PRODUCERS. — The Commission shall forward to the Commissioner within 60 days after the effective date of this section in the case of orders or findings in effect on January 1, 1999, or thereafter, or in any other case, within 60 days after the date an antidumping or countervailing duty order or finding is issued, a list of petitioners and persons with respect to each order and finding and a list of persons that indicate support of the petition by letter or through questionnaire response. In those cases in which a determination of injury was not required or the Commission's records do not permit an identification of those in support of a petition, the Commission shall consult with the administering authority to determine the identity of the petitioner and those domestic parties who have entered appearances during administrative reviews conducted by the administering authority under section 751. " (2) PUBLICATION OF LIST; CERTIFICATION. —The Commissioner shall publish in the Federal Register at least 30 days before the distribution of a continued dumping and subsidy offset, a notice of intention to distribute the offset and the list of affected domestic producers potentially eligible for the distribution baaed on the list obtained from the Commission under paragraph (1). The Commissioner shall request a certification from each potentially eligible affected domestic producer— "(A) that the producer desires to receive a distribution; "(B) that the producer is eligible to receive the distribution as an affected domestic producer; and "(C) the qualifying expenditures incurred by the producer since the issuance of the order or finding for which distribution under this section has not previously been made. "(3) DISTRIBUTION OF FUNDS. —The Commissioner shall distribute all funds (including all interest earned on the funds) from assessed duties received in the preceding fiscal year to affected domestic producers based on the certifications

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