Page:United States Statutes at Large Volume 93.djvu/195

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 163

"(2) if the determination is affirmative, commence an investigation to determine whether the class or kind of merchandise described in the petition is being, or is Ukely to be, sold in the United States at less than its fair value, and provide for the publication of notice of the determination in the Federal Register, and "(3) if the determination is negative, dismiss the petition, terminate the proceeding, notify the petitioner in writing of the reasons for the determination, and provide for the publication of notice of the determination in the Federal Register.

Publication in Federal Register.

Publication in Federal Register.

"(d) NOTIFICATION TO COMMISSION OF DETERMINATION.—The admin-

istering authority shall— "(1) notify the Commission immediately of any determination it makes under subsection (a) or (c), and "(2) if the determination is affirmative, make available to the Availability of Commission such information as it may have relating to the information. matter under investigation, 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. "SEC. 733. PRELIMINARY DETERMINATIONS. "(a) DETERMINATION BY COMMISSION OP REASONABLE INDICATION OF

INJURY.—Except in the case of a petition dismissed by the administering authority under section 732(c)(3), the Commission, within 45 days after the date on which a petition is filed under section 732(b) or on which it receives notice from the administering authority of an investigation commenced under section 732(a), shall make a determination, based upon the best information available to it at the time of the determination, of whether there is a reasonable indication that— "(1) an industry in the United States— "(A) is materially injured, or "(B) is threatened with material injury, or "(2) the establishment of an industry in the United States is materially retarded, by reason of imports of the merchandise which is the subject of the investigation by the administering authority. If that determination is negative, the investigation shall be terminated. "(b) PRELIMINARY DETERMINATION BY ADMINISTERING AUTHORITY.— "(1) PERIOD OF ANTIDUMPING DUTY INVESTIGATION.—Within 160

days after the date on which a petition is filed under section 732(b), or an investigation is commenced under section 732(a), but not before an affirmative determination by the Commission under subsection (a) of this section, the administering authority shall make a determination, based upon the best information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that the merchandise is being sold, or is likely to be sold at less than fair value. If the determination of the administering authority under this subsection is affirmative, the determination shall include the estimated average amount by which the foreign market value exceeds the United States price. "(2) PREUMINARY DETERMINATION UNDER WAIVER OF VERIFICA-

TION.—Within 75 days after the initiation of an investigation, the administering authority shall cause an official designated for such purpose to review the information concerning the case

19 USC 1673b.

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