Page:United States Statutes at Large Volume 98 Part 3.djvu/664

 98 STAT. 3036

PUBLIC LAW 98-573—OCT. 30, 1984

(c) Section 703 of the Tariff Act of 1930 (19 U.S.C. 1617b) is further amended by adding at the end thereof the following new subsection: "(h) TIME PERIOD WHERE UPSTREAM SUBSIDIZATION INVOLVED.—

Ante, p. 3024.

19 USC 1671a.

Ante, pp. 3029, 3028.

Ante, p. 3031.

Ante, p. 3029.

"(1) IN GENERAL.—Whenever the administering authority concludes prior to a preliminary determination under section 703(b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed, the time period within which a preliminary determination must be made shall be extended to 250 days after the filing of a petition under section 702(b) or commencement of an investigation under section 702(a) (310 days in cases declared extraordinarily complicated under section 703(c)), if the administering authority concludes that such additional time is necessary to make the required determination concerning upstream subsidization. "(2) EXCEPTIONS.—Whenever the administering authority concludes, after a preliminary determination under section 703(b), that there is a reasonable basis to believe or suspect that an upstream subsidy is being bestowed— "(A) in cases in which the preliminary determination was negative, the time period within which a final determination must be made shall be extended to 165 days under section 705(a)(l) or 225 days under section 705(a)(2), as appropriate; or "(B) in cases in which the preliminary determination is affirmative, the determination concerning upstream subsidization— "(i) need not be made until the conclusion of the first annual review under section 751 of any eventual Countervailing Duty Order, or, at the option of the petitioner, or "(ii) will be made in the investigation and the time period within which a final determination must be made shall be extended to 165 days under section 705(a)(2), as appropriate, except that the suspension of liquidation ordered in the preliminary determination shall terminate at the end of 120 days from the date of publication of that determination and not be resumed unless and until the publication of a Countervailing Duty Order under section 706(a). There may be an extension of time for the making of a final determination under this subsection only if the administering authority determines that such additional time is necessary to make the required determination concerning upstream subsidization.", (b) The table of contents for title VII is amended by inserting after the entry for section 771 the following: "Sec. 771A. Upstream subsidies.". SEC. 614. RESELLER'S PRICE TAKEN INTO ACCOUNT IN DETERMINING PURCHASE PRICE.

Section 772(b) (19 U.S.C. 1677a(b)) is amended by inserting "a reseller or" after "date of importation, from". SEC. 615. FOREIGN MARKET VALUE.

Section 773 (19 U.S.C. 1677b) is amended— (1) by striking out "time of exportation of such merchandise to the United States" and inserting in lieu thereof "time such

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