Page:United States Statutes at Large Volume 93.djvu/191

 PUBLIC LAW 96-39—JULY 26, 1979 "SEC. 705. FINAL DETERMINATIONS. "(a) FINAL DETERMINATION BY ADMINISTERING AUTHORITY.—

"(1) IN GENERAL.—Within 75 days after the date of its preliminary determination under section 703(b), the administering authority shall make a final determination of whether or not a subsidy is being provided with respect to the merchandise. "(2) CRITICAL CIRCUMSTANCES DETERMINATIONS.—If the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has been alleged under section 703(e), shall also contain a finding as to whether— "(A) the subsidy is inconsistent with the Agreement, and "(B) there have been massive imports of the class or kind of merchandise involved over a relatively short period. "(b) FINAL DETERMINATION BY COMMISSION.—

"(1) IN GENERAL.—The Commission shall make a final determination of whether— "(A) an industry in the United States— "(i) is materially injured, or "(ii) is threatened with material injury, or "(B) the establishment of an industry in the United States is materially retarded, by reason of imports of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a). "(2) PERIOD FOR INJURY DETERMINATION FOLLOWING AFFIRMATIVE PREUMINARY DETERMINATION BY ADMINISTERING AUTHOR-

ITY.—If the preliminary determination by the administering authority under section 703(b) is affirmative, then the Commission shall make the determination required by paragraph (1) before the later of— "(A) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under section 703(b), or "(B) the 45th day after the day on which the administering authority makes its affirmative final determination under subsection (a). "(3) PERIOD FOR INJURY DETERMINATION FOLLOWING NEGATIVE PREUMINARY DETERMINATION BY ADMINISTERING AUTHORITY.—If

the preliminary determination by the administering authority under section 703 0?) is negative, and its final determination under subsection (a) is affirmative, then the final determination by the Commission under this subsection shall be made within 75 days after the date of that affirmative final determination. "(4) CERTAIN ADDITIONAL FINDINGS.—

"(A) If the finding of the administering authority under subsection (a)(2) is affirmative, then the final determination of the Commission shall include findings as to whether— "(i) there is material injury which will be difficult to repair, and "(ii) the material injury was by reason of such massive imports of the subsidized merchandise over a relatively short period. "(B) If the final determination of the Commission is that there is no material injury but that there is threat of material injury, then its determination shall also include a finding as to whether material injury by reason of imports of the merchandise with respect to which the administering

93 STAT. 159 19 USC 1671d.

�