Page:United States Statutes at Large Volume 93.djvu/202

 93 STAT. 170

PUBLIC LAW 96-39—JULY 26, 1979 merchandise which was the subject of the investigation is being, or is likely to be, sold in the United States at less than its fair value. "(2) EXTENSION OF PERIOD FOR DETERMINATION.—The administering authority may postpone making the final determination under paragraph (1) until not later than the 135th day after the date on which it published notice of its preliminary determination under section 733(b) if a request in writing for such a postponement is made by— "(A) exporters who account for a significant proportion of exports of the merchandise which is the subject of the investigation, in a proceeding in which the preliminary determination by the administering authority under section 733(b) was affirmative, or "(B) the petitioner, in a proceeding in which the preliminary determination by the administering authority under section 733(b) was negative. "(3) CRITICAL CIRCUMSTANCES DETERMINATIONS.—If the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has been alleged under section 733(e), shall also contain a finding of whether— "(A)(i) there is a history of dumping in the United States or elsewhere of the class or kind of 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 merchandise which is the subject of the investigation over a relatively short period. "(b) FINAL DETERMINATION BY COMMISSION.—

"(1) IN GENERAL.—The Commission shall make a final determination of whether— "(A) an industry in the United States— "(i) is materially injured, or "(ii) is threatened with material injury, or "(B) the establishment of an industry in the United States is materially retarded, by reason of imports of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a)(1). "(2) PERIOD FOR INJURY DETERMINATION FOLLOWING AFFIRMATIVE PRELIMINARY DETERMINATION BY ADMINISTERING AUTHOR-

ITY.—If the preliminary determination by the administering authority under section 733(b) is affirmative, then the Commission shall make the determination required by paragraph (1) before the later of^ "(A) the 120th day after the day on which the administering authority makes its affirmative preliminary determination under section 733(b), or "(B) the 45th day after the day on which the administering authority makes its affirmative final determination under subsection (a). "(3) PERIOD FOR INJURY DETERMINATION FOLLOWING NEGATIVE PRELIMINARY DETERMINATION BY ADMINISTERING AUTHORITY.—If

the preliminary determination by the administering authority

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