Page:United States Statutes at Large Volume 93.djvu/189

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 157

subsection (c), then the liquidation of entries of the merchandise which is the subject of the investigation shall be suspended under section 703(d)(1), or, if the liquidation of entries of such merchandise was suspended pursuant to a previous affirmative preliminary determination in the same case, that suspension of liquidation shall continue in effect, subject to subsection (h)(3), but the security required under section 703(d)(2) may be adjusted to reflect the effect of the agreement. "(3) WHERE INVESTIGATION IS CONTINUED.—If, pursuant to

subsection (g), the administering authority and the Commission continue an investigation in which an agreement has been accepted under subsection (b) or (c), then— "(A) if the final determination by the administering authority or the Commission under section 705 is negative, the agreement shall have no force or effect and the investigation shall be terminated, or "(B) if the final determinations by the administering authority and the Commission under such section are affirmative, the agreement shall remain in force, but the administering authority shall not issue a countervailing duty order in the case so long as— "(i) the agreement remains in force, "(ii) the agreement continues to meet the requirements of subsections (b) and (d) or (c) and (d), and "(iii) the parties to the agreement carry out their obligations under the agreement in accordance with its terms. "(g) INVESTIGATION TO B E CONTINUED UPON REQUEST.—If the

administering authority, within 20 days after the date of publication of the notice of suspension of an investigation, receives a request for the continuation of the investigation from— "(1) the government of the country in which the subsidy practice is alleged to occur, or "(2) an interested party described in subparagraph (C), (D), or (E) of section 771(9) which is a party to the investigation. Post, p. 176. then the administering authority and the Commission shall continue the investigation. "(h) REVIEW OF SUSPENSION.—

"(1) IN GENERAL.—Within 20 days after the suspension of an investigation under subsection (c), an interested party which is a party to the investigation and which is described in subparagraph (C), (D), or (E) of section 771(9) may, by petition filed with the Commission and with notice to the administering authority, ask for a review of the suspension.

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"(2) COMMISSION INVESTIGATION.—Upon receipt of a review

petition under paragraph (1), the Commission shall, within 75 days after the date on which the petition is filed with it, determine whether the injurious effect of imports of the merchandise which is the subject of the investigation is eliminated completely by the agreement. If the Commission's determination under this subsection is negative, the investigation shall be resumed on the date of publication of notice of such determination as if the affirmative preliminary determination under section 703(b) had been made on that date. "(3) SUSPENSION OF LIQUIDATION TO CONTINUE DURING REVIEW

PERIOD.—The suspension of liquidation of entries of the merchan- Publication in dise which is the subject of the investigation shall terminate at ^^^^f

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