Page:United States Statutes at Large Volume 93.djvu/190

 93 STAT. 158

PUBLIC LAW 96-39—JULY 26, 1979 the close of the 20-day period beginning on the day after the date on which notice of suspension of the investigation is published in the Federal Register, or, if a review petition is filed under paragraph (1) with respect to the suspension of the investigation, in the case of an affirmative determination by the Commission under paragraph (2), the date on which notice of the affirmative determination by the Commission is published. If the determination of the Commission under paragraph (2) is affirmative, then the administering authority shall— "(A) terminate the suspension of liquidation under section 703(d)(1), and "(B) release any bond or other security, and refund any cash deposit, required under section 703(d)(2). "(i) VIOLATION OF AGREEMENT.—

Notification.

"(1) IN GENERAL.—If the administering authority determines that an agreement accepted under subsection (b) or (c) is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1), of elimination of injury) and subsection (d), then, on the date of publication of its determination, it shall— "(A) suspend liquidation under section 703(d)(1) of unliquidated entries of the merchandise made on or after the later of— "(i) the date which is 90 days before the date of publication of the notice of suspension of liquidation, or "(ii) the date on which the merchandise, the sale or export to the United States of which was in violation of the agreement, or under an agreement which no longer meets the requirements of subsections (b) and (d) or (c) and (d), was first entered, or withdrawn from warehouse, for consumption, "(B) if the investigation was not completed, resume the investigation as if its affirmative preliminary determination under section 703(b) were made on the date of its determination under this paragraph, "(C) if the investigation was completed under subsection (g), issue a countervailing duty order under section 706(a) effective with respect to entries of merchandise the liquidation of which was suspended, and "(D) notify the petitioner, interested parties who are or were parties to the investigation, and the Commission of its action under this paragraph. "(2)

INTENTIONAL VIOLATION TO

BE

PUNISHED

BY CIVIL

PENALTY.—Any person who intentionally violates an agreement accepted by the administering authority under subsection (b) or (c) shall be subject to a civil penalty assessed in the same amount, in the same manner, and under the same procedure, as the penalty imposed for a fraudulent violation of section 592(a) 19 USC 1592.

of t h i s Act. "(j) DETERMINATION NOT TO TAKE AGREEMENT INTO ACCOUNT.—In

making a final determination under section 705, or in conducting a review under section 751, in a case in which the administering authority has terminated a suspension of investigation under subsection (i)(l), or continued an investigation under subsection (g), the Commission and the administering authority shall consider all of the merchandise which is the subject of the investigation, without regard to the effect of any agreement under subsection (b) or (c).

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