Page:United States Statutes at Large Volume 93.djvu/197

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 165

"(1) shall order the suspension of liquidation of all entries of merchandise subject to the determination which are entered, or withdrawn from warehouse, for consumption on or after the date of publication of the notice of the determination in the Federal Register, "(2) shall order the posting of a cash deposit, bond, or other security, as it deems appropriate, for each entry of the merchandise concerned equal to the estimated average amount by which the foreign market value exceeds the United States price, and "(3) shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its injury 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. "(e) CRITICAL CIRCUMSTANCES DETERMINATIONS.—

"(1) IN GENERAL.—If a petitioner alleges critical circumstances in its original petition, or by amendment at any time more than 20 days before the date of a final determination by the administering authority, then the administering authority shall promptly determine, on the beisis of the best information available to it at that time, whether there is a reasonable basis to believe or suspect that— "(A)(i) there is a history of dumping in the United States or elsewhere of the class or kind of the merchandise which is the subject of the investigation, or "(ii) the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the merchandise which is the subject of the investigation at less than its fair value, and "(B) there have been massive imports of the class or kind of merchandise which is the subject of the investigation over a relatively short period. "(2) SUSPENSION OF UQUIDATION.—If the determination of the

administering authority under paragraph (1) is affirmative, then any suspension of liquidation ordered under subsection (d)(1) shall apply, or, if notice of such suspension of liquidation is already published, be amended to apply, to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered. "(f) NOTICE OF DETERMINATIONS.—Whenever the Commission or the Publication in administering authority 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. "SEC. 734. TERMINATION OR SUSPENSION OF INVESTIGATION. "(a) TERMINATION OF INVESTIGATION ON WITHDRAWAL OF PETI-

TION.—An investigation under this subtitle may be terminated by either the administering authority or the Commission after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner. The Commission may not terminate an investigation under the preceding sentence before a preliminary determination is made by the administering authority under section 733(b).

19 USC 1673c.

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