Page:United States Statutes at Large Volume 93.djvu/186

 93 STAT. 154

PUBLIC LAW 9 6 - 3 9 - J U L Y 26, 1979 "(2) shall order the posting of a cash deposit, bond, or other security, as it deems appropriate, for each entry of the merchandise concerned equal to the estimated amount of the net subsidy, and "(3) shall make available to the Commission all information upon which its determination was based and which the Commission considers relevant to its injury determination, 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. "(e) CRITICAL CIRCUMSTANCES DETERMINATIONS,—

"(1) IN GENERAL.—If a petitioner alleges critical circumstances in its original petition, or by amendment at any time more than 20 days before the date of a final determination by the administering authority, then the administering authority shall promptly determine, on the basis of the best information available to it at that time, whether there is a reasonable basis to believe or suspect that— "(A) the alleged subsidy is inconsistent with the Agreement, and "(B) there have been massive imports of the class or kind of merchandise which is the subject of the investigation over a relatively short period. "(2) SUSPENSION OF LIQUIDATION.—If the determination of the

Publication in Federal Register.

19 USC 1671c.

administering authority under paragraph (1) is affirmative, then any suspension of liquidation ordered under subsection (d)(l) shall apply, or, if notice of such suspension of liquidation is already published, be amended to apply, to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered. "(f) NOTICE OF DETERMINATIONS.—Whenever the Commission or the administering authority makes a determination under this section, it shall notify the petitioner, other parties to the investigation, and the other agency of its determination and of the facts and conclusions of law upon which the determination is based, and it shall publish notice of its determination in the Federal Register. "SEC. 704. TERMINATION OR SUSPENSION OF INVESTIGATION. "(a) TERMINATION OF INVESTIGATION ON WITHDRAWAL OF PETI-

TION.—An investigation under this subtitle may be terminated by either the administering authority or the Commission after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner. The Commission may not terminate an investigation under the preceding sentence before a preliminary determination is made by the administering authority under section 703(b). "(b) AGREEMENTS TO ELIMINATE OR OFFSET COMPLETELY A SUBSIDY OR To CEASE EXPORTS OF SUBSIDIZED MERCHANDISE.—The administer-

ing authority may suspend an investigation if the government of the country in which the subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the merchandise which is the subject of the investigation agree— "(1) to eliminate the subsidy completely or to offset completely the amount of the net subsidy, with respect to that merchandise exported directly or indirectly to the United States, within 6 months after the date on which the investigation is suspended, or

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