Page:United States Statutes at Large Volume 93.djvu/223

 PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 191

(1) NOTIFICATION OF COMMISSION.—The administering authori-

ty shall notify the United States International Trade Commission by January 7, 1980, of any countervailing duty order in effect on January 1, 1980— (A){i) for which the Secretary of the Treasury has waived the imposition of countervailing duties under section 303(d) of the Tariff Act of 1930 (19 U.S.C. 1303(d)), and (ii) which applies to merchandise other than quota cheese (as defmed in section 701(c)(1) of this Act), which is a product Post, p. 268. of a country under the Agreement, (B) published on or after the date of the enactment of this Act, and before January 1, 1980, with respect to products of a country under the Agreement (as defined in section 701(b) of Ante, p. 151. theTariffAct ofl930),or (C) applicable to frozen, boneless beef from the European Communities under Treasury Decision 76-109, and shall furnish to the Commission the most current information it has with respect to the net subsidy benefitting the merchandise subject to the countervailing duty order. (2) DETERMINATION BY THE COMMISSION.—Within 180 days after the date on which it receives the information from the administering authority under paragraph (1), the Commission shall make a 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 subject to the order. (3) EFFECT OF DETERMINATION.— (A) AFFIRMATIVE DETERMINATION.—Upon

being notified by the Commission of an affirmative determination under paragraph (2), the administering authority shall terminate the waiver of imposition of countervailing duties for merchandise subject to the order, if any. The countervailing duty order under section 303 of the Tariff Act of 1930 which applies to that merchandise shall remain in effect until revoked, in whole or in part, under section 751(d) of such Act. (B) NEGATIVE DETERMINATION.—Upon being notified by the Commission of a negative determination under paragraph (2), the administering authority shall revoke the countervailing duty order, and publish notice in the Federal Register of the revocation.

(b) OTHER COUNTERVAIUNG DUTY ORDERS.— (1) REVIEW BY COMMISSION UPON REQUEST.—In

the case of a countervailing duty order issued under section 303 of the Tariff Act of 1930 (19 U.S.C. 1303)— (A) which is not a countervailing duty order to which subsection (a) applies, (B) which applies to merchandise which is the product of a country under the Agreement, and (C) which is in effect on January 1, 1980, or which is issued pursuant to court order in an action brought under section 516(d) of that Act before that date, 19 USC 1516. the Commission, upon the request of the government of such a country or of exporters accounting for a significant proportion of exports to the United States of merchandise which is covered by the order, submitted within 3 years after the effective date of

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