Page:United States Statutes at Large Volume 93.djvu/198

 93 STAT. 166

PUBLIC LAW 96-39—JULY 26, 1979 "(b) AGREEMENTS TO EUMINATE COMPLETELY SALES AT LESS THAN FAIR VALUE OR TO CEASE EXPORTS OF MERCHANDISE.—The adminis-

tering authority may suspend an investigation if the exporters of the merchandise which is the subject of the investigation who account for substantially all of the imports of that merchandise agree— "(1) to cease exports of the merchandise to the United States within 6 months after the date on which the investigation is suspended, or "(2) to revise their prices to eliminate completely any amount by which the foreign market value of the merchandise which is the subject of the agreement exceeds the United States price of that merchandise. "(c) AGREEMENTS ELIMINATING INJURIOUS EFFECT.— "(1) GENERAL RULE.—If the administering authority

determines that extraordinary circumstances are present in a case, it may suspend an investigation upon the acceptance of an agreement to revise prices from exporters of the merchandise which is the subject of the investigation who account for substantially all of the imports of that merchandise into the United States, if the agreement will eliminate completely the injurious effect of exports to the United States of that merchandise and if— "(A) the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented, and "(B) for each entry of each exporter the amount by which the estimated foreign market value exceeds the United States price will not exceed 15 percent of the weighted average amount by which the estimated foreign market value exceeded the United States price for all less-than-fairvalue entries of the exporter examined during the course of the investigation. "(2) DEFINITION OF EXTRAORDINARY CIRCUMSTANCES.— "(A) EXTRAORDINARY CIRCUMSTANCES.—For purposes of

this subsection, the term 'extraordinary circumstances' means circumstances in which— "(i) suspension of an investigation will be more beneficial to the domestic industry than continuation of the investigation, and "(ii) the investigation is complex. "(B) COMPLEX.—For purposes of this paragraph, the term 'complex' means— "(i) there are a large number of transactions to be investigated or adjustments to be considered, "(ii) the issues raised are novel, or "(iii) the number of firms involved is large. "(d) ADDITIONAL RULES AND CONDITIONS.— "(1) PuBuc INTEREST; MONITORING.—The

administering authority shall not accept an agreement under subsection (b) or (c) unless— "(A) it is satisfied that suspension of the investigation is in the public interest, and "(B) effective monitoring of the agreement by the United States is practicable.

"(2) EXPORTS OF MERCHANDISE TO UNITED STATES NOT TO INCREASE DURING INTERIM PERIOD.—The administering authority

may not accept any agreement under subsection (b)(1) unless that agreement provides a means of ensuring that the quantity of the merchandise covered by the agreement exported to the United

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