Page:United States Statutes at Large Volume 93.djvu/192

 93 STAT. 160

PUBLIC LAW 96-39—JULY 26, 1979 authority has made an affirmative determination under subsection (a) would have been found but for any suspension of liquidation of entries of that merchandise. "(c) EFFECT OF FINAL DETERMINATIONS.— "(1) EFFECT OF AFFIRMATIVE DETERMINATION BY THE ADMINIS-

TERING AUTHORITY.—If the determination of the administering authority under subsection (a) is affirmative, then— "(A) the administering authority shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its 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, and "(B) in cases where the preliminary determination by the administering authority under section 703(b) was negative, the administering authority shall order under paragraphs (1) and (2) of section 703(d) the suspension of liquidation and the posting of a cash deposit, bond, or other security. "(2) ISSUANCE OF ORDER; EFFECT OF NEGATIVE DETERMINATION,—

If the determinations of the administering authority and the Commission under subsections (a)(1) and (b)(1) are affirmative, then the administering authority shall issue a countervailing duty order under section 706(a). If either of such determinations is negative, the investigation shall be terminated upon the publication of notice of that negative determination and 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). "(3) EFFECT OF NEGATIVE DETERMINATIONS UNDER SUBSECTIONS

(a)(2) AND (b)(4)(A).—If the determination of the administering authority or the Commission under subsection (a)(2) and (b)(4)(A), respectively, is negative, then the administering authority shall— "(A) terminate any retroactive suspension of liquidation required under section 703(e)(2), and "(B) release any bond or other security, and refund any cash deposit required, under section 703(d)(2) with respect to entries of the merchandise the liquidation of which was suspended retroactively under section 703(e)(2). Publication in

" (J) PUBLICATION OF NOTICE OF DETERMINATIONS.—Whenever the

Register.

administering authority or the Commission 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.

19 USC 1671e.

"SEC. 706. ASSESSMENT OF DUTY.

"(a) PUBLICATION OF COUNTERVAILING DUTY ORDER.—Within 7 days after being notified by the Commission of an affirmative determination under section 705(b), the administering authority shall publish a countervailing duty order which—

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