Page:United States Statutes at Large Volume 93.djvu/184

 93 STAT. 152

PUBLIC LAW 96-39—JULY 26, 1979

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investigation is warranted into the question of whether the elements necessary for the imposition of a duty under section 701(a) exist. '

Post, p. 176.

Publication in Federal Register.

Publication in Federal Register.

"(b) INITIATION BY PETITION.— "(1) PETITION REQUIREMENTS.—A

countervailing duty proceeding shall be commenced whenever an interested party described in subparagraph (C), (D), or (E) of section 771(9) files a petition with the administering authority, on behalf of an industry, which alleges the elements necessary for the imposition of the duty imposed by section 701(a), and which is accompanied by information reasonably available to the petitioner supporting those allegations. The petition may be amended at such time, and upon such conditions, as the administering authority and the Commission may permit. "(2) SIMULTANEOUS FILING WITH COMMISSION.—The petitioner shall file a copy of the petition with the Commission on the same day as it is filed with the administering authority. "(c) PETITION DETERMINATION.—Within 20 days after the date on which a petition is filed under subsection (b), the administering authority shall— "(1) determine whether the petition alleges the elements necessary for the imposition of a duty under section 701(a) and contains information reasonably available to the petitioner supporting the allegations. "(2) if the determination is affirmative, commence an investigation to determine whether a subsidy is being provided with respect to the class or kind of merchandise described in the petition, and provide for the publication of notice of the determination to commence an investigation in the Federal Register, and "(3) if the determination is negative, dismiss the petition, terminate the proceeding, notify the petitioner in writing of the reasons for the determination, and provide for the publication of notice of the determination in the Federal Register. "(d) NOTIFICATION TO COMMISSION OF DETERMINATION.—The admin-

istering authority shall— "(1) notify the Commission immediately of any determination it makes under subsection (a) or (c), and "(2) if the determination is affirmative, make available to the Commission such information as it may have relating to the matter under investigation, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to which confidential treatment has been given by the administering authority. 19 USC 1671b.

"SEC. 703. PRELIMINARY DETERMINATIONS. "(a) DETERMINATION BY COMMISSION OF REASONABLE INDICATION OF

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INJURY.—Except in the case of a petition dismissed by the administering authority under section 702(c)(3), the Commission, within 45 days after the date on which a petition is filed under section 702(b) or on which it receives notice from the administering authority of an investigation commenced under section 702(a), shall make a determination, based upon the best information available to it at the time of the determination, of whether there is a reasonable indication that— "(1) an industry in the United States— "(A) is materially injured, or "(B) is threatened with material injury, or

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