Page:United States Statutes at Large Volume 93.djvu/201

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 169

paragraph (1) with respect to the suspension of the investigation, in the case of an affirmative determination by the Commission under paragraph (2), the date on which notice of an affirmative determination by the Commission is published. If the determination of the Commission under paragraph (2) is affirmative, then the administering authority shall— "(A) terminate the suspension of liquidation under section 733(d)(1), and "(B) release any bond or other security, and refund any cash deposit, required under section 733(d)(2). "(i) VIOLATION OF AGREEMENT.—

"(1) IN GENERAL.—If the administering authority determines that an agreement accepted under subsection (b) or (c) is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1), of elimination of injury) and subsection (d), then, on the date of publication of its determination, it shall— "(A) suspend liquidation under section 733(d)(1) of unliquidated entries of the merchandise made on the later of— "(i) the date which is 90 days before the date of publication of the notice of suspension of liquidation, or "(ii) the date on which the merchandise, the sale or export to the United States of which was in violation of the agreement, or under an agreement which no longer meets the requirements of subsections (b) and (d), or (c) and (d), was first entered, or withdrawn from warehouse, for consumption, "(B) if the investigation was not completed, resume the investigation as if its affirmative preliminary determination were made on the date of its determination under this paragraph, "(C) if the investigation was completed under subsection (g), issue an antidumping duty order under section 736(a) effective with respect to entries of merchandise liquidation of which was suspended, and "(D) notify the petitioner, interested parties who are or Notification. were parties to the investigation, and the Commission of its action under this paragraph. "(2) INTENTIONAL VIOLATION TO BE PUNISHED BY CIVIL PEN-

ALTY.—Any person who intentionally violates an agreement accepted by the administering authority under subsection (b) or (c) shall be subject to a civil penalty assessed in the same amount, in the same manner, and under the same procedures, as the penalty imposed for a fraudulent violation of section 592(a) 19 USC 1592. of this Act. "(j) DETERMINATION NOT TO TAKE AGREEMENT INTO ACCOUNT.—In

making a final determination under section 735, or in conducting a review under section 751, in a case in which the administering authority has terminated a suspension of investigation under subsection (i)(l), or continued an investigation under subsection (g), the Commission and the administering authority shall consider all of the merchandise which is the subject of the investigation without regard to the effect of any agreement under subsection (b) or (c). "SEC. 735. FINAL DETERMINATIONS. "(a) FINAL DETERMINATION BY ADMINISTERING AUTHORITY.— "(1) GENERAL RULE.—Within 75 days after the date

of its preliminary determination under section 733(b), the administering authority shall make a final determination of whether the

19 USC 1673d.

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