Page:United States Statutes at Large Volume 93.djvu/203

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 171

under section 733(b) is negative, and its final determination under subsection (a) is affirmative, then the final determination by the Commission under this subsection shall be made within 75 days after the date of that affirmative final determination. "(4) CERTAIN ADDITIONAL FINDINGS.—

"(A) If the finding of the administering authority under subsection (a)(2) is affirmative, then the final determination of the Commission shall include a finding as to whether the material injury is by reason of massive imports described in subsection (a)(3) to an extent that, in order to prevent such material injury from recurring, it is necessary to impose the duty imposed by section 731 retroactively on those imports. "(B) If the final determination of the Commission is that there is no material injury but that there is threat of material injury, then its determination shall also include a finding as to whether material injury by reason of the imports of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a) would have been found but for any suspension of liquidation of entries of the merchandise. "(c) EFFECT OF FINAL DETERMINATIONS.— "(1) EFFECT OF AFFIRMATIVE DETERMINATION BY THE ADMINIS-

TERING AUTHORITY.—If the determination of the administering

authority under subsection (a) is affirmative, then— "(A) the administering authority shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its 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 as to which confidential treatment has been given by the administering authority, and "(B) in cases where the preliminary determination by the administering authority under section 733(b) was negative, the administering authority shall order under paragraphs (1) and (2) of section 733(d) the suspension of liquidation and the posting of a cash deposit, bond, or other security. "(2) ISSUANCE OF ORDER; EFFECT OF NEGATIVE DETERMINATION.—

If the determinations of the administering authority and the Commission under subsections (a)(1) and (b)(1) are affirmative, then the administering authority shall issue an antidumping duty order under section 736(a). If either of such determinations is negative, the investigation shall be terminated upon the publication of notice of that negative determination and the administering authority shall— "(A) terminate the suspension of liquidation under section 703(d)(1), and "(B) release any bond or other security, and refund any cash deposit, required under section 733(d)(2). "(3) EFFECT OF NEGATIVE DETERMINATIONS UNDER SUBSECTIONS

(a)(3) AND (b)(4)(A).—If the determination of the administering authority or the Commission under subsection (a)(3) or (b)(4)(A), respectively, is negative, then the administering authority shall— "(A) terminate any retroactive suspension of liquidation required under section 733(e)(2), and

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