Page:United States Statutes at Large Volume 93.djvu/224

 93 STAT. 192 Ante, p. 150.

PUBLIC LAW 96-39—JULY 26, 1979 title VII of the Tariff Act of 1930 shall make a determination under paragraph (2) of this subsection. (2) DETERMINATION BY THE COMMISSION.—In a case described in paragraph (1) with respect to which it has received a request for review, the Commission shall commence an investigation to determine whether— (A) an industry in the United States— (i) would be materially injured, or (ii) would be threatened with material injury, or (B) the establishment of an industry in the United States would be materially retarded, by reason of imports of the merchandise covered by the countervailing duty order if the order were to be revoked. (3) SUSPENSION OF LIQUIDATION; INVESTIGATION TIME LIMITS.—

Notification.

Whenever the Commission receives a request under paragraph (1), it shall promptly notify the administering authority and the administering authority shall suspend liquidation of entries of the affected merchandise made on or after the date of receipt of the Commission's notification, or in the case of butter from Australia, entries of merchandise subject to the assessment of countervailing duties under Treasury Decision 42937, as amended, and collect estimated countervailing duties pending the determination of the Commission. The Commission shall issue its determination in any investigation under this subsection not later than 3 years after the date of commencement of such investigation. (4) EFFECT OF DETERMINATION.— (A) AFFIRMATIVE DETERMINATION.—Upon

Publication in Federal Register.

being notified of an affirmative determination under paragraph (2) by the Commission, the administering authority shall liquidate entries of merchandise the liquidation of which was suspended under paragraph (3) of this subsection and impose countervailing duties in the amount of the estimated duties required to be deposited. The countervailing duty order shall remain in effect until revoked, in whole or in part, under section 751(c) of the Tariff Act of 1930. (B) NEGATIVE DETERMINATION.—Upon being notified of a negative determination under paragraph (2) by the Commission, the administering authority shall revoke the countervailing duty order then in effect, publish notice thereof in the Federal Register, and refund, without payment of interest, any estimated countervailing duties collected during the period of suspension of liquidation.

(c) ALL OUTSTANDING COUNTERVAILING DUTY ORDERS.—Subject to Ante, p. 190.

Publication in Federal Register.

the provisions of subsections (a) and (b), any countervailing duty order issued under section 303 of the Tariff Act of 1930 which is— (1) in effect on the effective date of title VII of the Tariff Act of 1930 (as added by section 101 of this Act), or (2) issued pursuant to court order in a proceeding brought before that date under section 516(d) of the Tariff Act of 1930, shall remain in effect after that date and shall be subject to review under section 751 of the Tariff Act of 1930. (d) PUBLICATION OF NOTICE OF DETERMINATIONS.—Whenever the

Commission makes a determination under subsection (a) or Ob), it shall publish notice of that determination in the Federal Register and notify the administering authority of its determination.

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