Page:United States Statutes at Large Volume 93.djvu/185

 PUBLIC LAW 9 6 - 3 9 - J U L Y 26, 1979

93 STAT. 153

"(2) the establishment of an industry in the United States is materially retarded, by reason of imports of the merchandise which is the subject of the investigation by the administering authority. If that determination is negative, the investigation shall be terminated. "(b) PREUMINARY DETERMINATION BY ADMINISTERING AUTHOR-

ITY.—Within 85 days after the date on which a petition is filed under section 702(b), or an investigation is commenced under section 702(a), but not before an affirmative determination by the Commission under subsection (a) of this section, the administering authority shall make a determination, based upon the best information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that a subsidy is being provided with respect to the merchandise which is the subject of the investigation. If the determination of the administering authority under this subsection is affirmative, the determination shall include an estimate of the net subsidy. "(c) EXTENSION OF PERIOD IN EXTRAORDINARILY COMPUCATED CASES.— "(1) IN GENERAL.—If—

"(A) the petitioner makes a timely request for an extension of the period within which the determination must be made under subsection (b), or "(B) the administering authority concludes that the parties concerned are cooperating and determines that— "(i) the case is extraordinarily complicated by reason of"(I) the number and complexity of the alleged subsidy practices; "(II) the novelty of the issues presented; "(III) the need to determine the extent to which particular subsidies are used by individual manufacturers, producers, and exporters; or "(IV) the number of firms whose activities must be investigated; and "(ii) additional time is necessary to make the preliminary determination, then the administering authority may postpone making the preliminary determination under subsection (b) until not later than the 150th day after the date on which a petition is filed under section 702(b), or an investigation is commenced under section 702(a). "(2) NOTICE OF POSTPONEMENT.—The administering authority

shall notify the parties to the investigation, not later than 20 days before the date on which the preliminary determination would otherwise be required under subsection (b), if it intends to postpone making the preliminary determination under paragraph (1). The notification shall include an explanation of the reasons for the postponement. Notice of the postponement shall Publication in be published in the Federal Register. Federal "(d) EFFECT OF DETERMINATION BY THE ADMINISTERING AUTHOR-

ITY.—If the preliminary determination of the administering authority under subsection Ob) is affirmative, the administering authority— "(1) shall order the suspension of liquidation of all entries of merchandise subject to the determination which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of the determination in the Federal Register,

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