19 U.S.C. § 1673c — Termination or suspension of investigation

submitted 96 years ago by Pub. L. 96-39 to r/title-19-CUSTOMS-DUTIES · 2,654 words · no verdicts yet

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This section allows an antidumping investigation to end or pause after petition withdrawal or agreements, and sets rules for monitoring, review, violations, nonmarket economies, and regional industries.

(a) An investigation may end after the petitioner withdraws its petition, or, for an authority-initiated investigation, when the authority withdraws it, after notice to all parties. A new petition filed within 3 months may use records from the withdrawn case, but only for the first withdrawal. The Commission may not end the case before the authority's preliminary decision. The authority may not end a case by accepting a volume-limiting agreement unless ending it is in the public interest. It must consider consumer prices and supply, United States international economic interests, and the domestic industry's competitiveness, employment, and investment, and should consult affected consumers, producers, and workers. (b) The authority may suspend an investigation if exporters accounting for substantially all imports agree to stop exporting within 6 months or to change prices to eliminate completely the amount by which normal value exceeds export or constructed export price. (c) In extraordinary circumstances, the authority may accept a price agreement from exporters accounting for substantially all imports if it completely eliminates the injurious effect, prevents domestic price suppression or undercutting, and keeps each exporter's excess at no more than 15 percent of that exporter's weighted-average excess for investigated below-fair-value entries. “Extraordinary circumstances” means suspension benefits the domestic industry more than continuation and the case is complex. “Complex” means many transactions or adjustments, novel issues, or many firms. (d) The authority may accept an agreement under (b) or (c) only if suspension is in the public interest and United States monitoring is practicable. When practicable it must explain a rejection and allow comments. (e) Before suspension, the authority must notify and consult the petitioner, notify other parties and the Commission at least 30 days beforehand, give the petitioner the proposed agreement and an explanation of its operation, enforcement, and compliance, and allow all interested parties to submit comments and information. (f) If an agreement is accepted, the authority suspends the investigation, publishes notice, and issues an affirmative preliminary decision unless one already exists; the Commission suspends its investigation. For a cessation or complete-elimination agreement, liquidation is not suspended despite the affirmative preliminary decision, any prior suspension ends, and security is refunded or released. For another agreement, liquidation is suspended or continues, and security may be adjusted. If the investigation continues and either final decision is negative, the agreement has no effect and the case ends. If both are affirmative, the agreement remains and no order issues while it remains valid, meets this section, and its parties perform. (g) The authority and Commission must continue the investigation if, within 20 days after suspension notice, an exporter representing a significant share or a listed interested party that is a party to the case requests continuation. (h) Within 20 days after a price-agreement suspension, a party that is a listed interested party may petition the Commission to review it. Within 75 days, the Commission decides whether the agreement completely eliminates injury. A negative decision resumes the case as though an affirmative preliminary decision occurred that day. Liquidation suspension ends after the 20-day period unless a review petition is filed; with a petition and an affirmative Commission decision, it ends when that notice is published, and security is released or refunded. (i) If an agreement is violated or no longer meets its requirements, the authority must suspend liquidation for the later of 90 days before the suspension notice or the first entry under the violation; resume an unfinished investigation as of that decision; issue an order for a case completed under (g); notify Customs of an intentional violation; and notify the petitioner, parties, and Commission. An intentional violator owes a civil penalty in the same amount and under the same procedures as a fraudulent violation of section 1592(a) of title 19. (j) In a final decision or section 1675 review after a suspension ended for violation or a case continued under (g), both agencies must consider all merchandise without regard to the agreement. (k) The authority may end an authority-initiated investigation after notifying all parties. (l) For a nonmarket-economy country, the authority may suspend a case with a volume restriction only if the agreement meets (d) and prevents domestic price suppression or undercutting. If it stops doing so, (i) applies. (m) In a regional-industry case, the authority must offer exporters accounting for substantially all regional exports an agreement under (b), (c), or (l). The agreement must meet this section's requirements, except that if the regional finding appears only in the final affirmative Commission decision, it may be accepted within 60 days after the order is published. If accepted after publication, the authority must rescind the order, refund deposits, release security, and instruct Customs to liquidate covered entries without antidumping duties.

the actual law source: uscode.house.gov ↗public domain

(a) Termination of investigation upon withdrawal of petition

(1) In general

(A) Withdrawal of petition

Except as provided in paragraphs (2) and (3), an investigation under this part may be terminated by either the administering authority or the Commission, after notice to all parties to the investigation, upon withdrawal of the petition by the petitioner or by the administering authority if the investigation was initiated under section 1673a(a) of this title.

(B) Refiling of petition

If, within 3 months after the withdrawal of a petition under subparagraph (A), a new petition is filed seeking the imposition of duties on both the subject merchandise of the withdrawn petition and the subject merchandise from another country, the administering authority and the Commission may use in the investigation initiated pursuant to the new petition any records compiled in an investigation conducted pursuant to the withdrawn petition. This subparagraph applies only with respect to the first withdrawal of a petition.

(2) Special rules for quantitative restriction agreements

(A) In general

Subject to subparagraphs (B) and (C), the administering authority may not terminate an investigation under paragraph (1) by accepting an understanding or other kind of agreement to limit the volume of imports into the United States of the subject merchandise unless the administering authority is satisfied that termination on the basis of that agreement is in the public interest.

(B) Public interest factors

In making a decision under subparagraph (A) regarding the public interest the administering authority shall take into account—

(i)

whether, based upon the relative impact on consumer prices and the availability of supplies of the merchandise, the agreement would have a greater adverse impact on United States consumers than the imposition of antidumping duties;

(ii)

the relative impact on the international economic interests of the United States; and

(iii)

the relative impact on the competitiveness of the domestic industry producing the like merchandise, including any such impact on employment and investment in that industry.

Before making a decision under subparagraph (A) regarding the public interest, the administering authority shall, to the extent practicable, consult with—

(i)

potentially affected consuming industries; and

(ii)

potentially affected producers and workers in the domestic industry producing the like merchandise, including producers and workers not party to the investigation.

(3) Limitation on termination by Commission

The Commission may not terminate an investigation under paragraph (1) before a preliminary determination is made by the administering authority under section 1673b(b) of this title.

(b) Agreements to eliminate completely sales at less than fair value or to cease exports of merchandise

The administering authority may suspend an investigation if the exporters of the subject merchandise who account for substantially all of the imports of that merchandise agree—

(1)

to cease exports of the merchandise to the United States within 6 months after the date on which the investigation is suspended, or

(2)

to revise their prices to eliminate completely any amount by which the normal value of the merchandise which is the subject of the agreement exceeds the export price (or the constructed export price) of that merchandise.

(1) General rule

If the administering authority determines that extraordinary circumstances are present in a case, it may suspend an investigation upon the acceptance of an agreement to revise prices from exporters of the subject merchandise who account for substantially all of the imports of that merchandise into the United States, if the agreement will eliminate completely the injurious effect of exports to the United States of that merchandise and if—

(A)

the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented, and

(B)

for each entry of each exporter the amount by which the estimated normal value exceeds the export price (or the constructed export price) will not exceed 15 percent of the weighted average amount by which the estimated normal value exceeded the export price (or the constructed export price) for all less-than-fair-value entries of the exporter examined during the course of the investigation.

(2) “Extraordinary circumstances” defined

(A) Extraordinary circumstances

For purposes of this subsection, the term “extraordinary circumstances” means circumstances in which—

(i)

suspension of an investigation will be more beneficial to the domestic industry than continuation of the investigation, and

(ii)

the investigation is complex.

(B) “Complex” defined

For purposes of this paragraph, the term “complex” means—

(i)

there are a large number of transactions to be investigated or adjustments to be considered,

(ii)

the issues raised are novel, or

(iii)

the number of firms involved is large.

(d) Additional rules and conditions

The administering authority may not accept an agreement under subsection (b) or (c) unless—

(1)

it is satisfied that suspension of the investigation is in the public interest, and

(2)

effective monitoring of the agreement by the United States is practicable.

Where practicable, the administering authority shall provide to the exporters who would have been subject to the agreement the reasons for not accepting the agreement and, to the extent possible, an opportunity to submit comments thereon.

(e) Suspension of investigation procedure

Before an investigation may be suspended under subsection (b) or (c) the administering authority shall—

(1)

notify the petitioner of, and consult with the petitioner concerning, its intention to suspend the investigation, and notify other parties to the investigation and the Commission not less than 30 days before the date on which it suspends the investigation,

(2)

provide a copy of the proposed agreement to the petitioner at the time of the notification, together with an explanation of how the agreement will be carried out and enforced, and of how the agreement will meet the requirements of subsections (b) and (d) or (c) and (d), and

(3)

permit all interested parties described in section 1677(9) of this title to submit comments and information for the record before the date on which notice of suspension of the investigation is published under subsection (f)(1)(A).

(f) Effects of suspension of investigation

(1) In general

If the administering authority determines to suspend an investigation upon acceptance of an agreement described in subsection (b) or (c), then—

(A)

it shall suspend the investigation, publish notice of suspension of the investigation, and issue an affirmative preliminary determination under section 1673b(b) of this title with respect to the subject merchandise, unless it has previously issued such a determination in the same investigation,

(B)

the Commission shall suspend any investigation it is conducting with respect to that merchandise, and

(C)

the suspension of investigation shall take effect on the day on which such notice is published.

(2) Liquidation of entries

(A) Cessation of exports; complete elimination of dumping margin

If the agreement accepted by the administering authority is an agreement described in subsection (b), then—

(i)

notwithstanding the affirmative preliminary determination required under paragraph (1)(A), the liquidation of entries of subject merchandise shall not be suspended under section 1673b(d)(2) of this title,

(ii)

if the liquidation of entries of such merchandise was suspended pursuant to a previous affirmative preliminary determination in the same case with respect to such merchandise, that suspension of liquidation shall terminate, and

(iii)

the administering authority shall refund any cash deposit and release any bond or other security deposited under section 1673b(d)(1)(B) of this title.

(B) Other agreements

If the agreement accepted by the administering authority is an agreement described in subsection (c), the liquidation of entries of the subject merchandise shall be suspended under section 1673b(d)(2) of this title, or, if the liquidation of entries of such merchandise was suspended pursuant to a previous affirmative preliminary determination in the same case, that suspension of liquidation shall continue in effect, subject to subsection (h)(3), but the security required under section 1673b(d)(1)(B) of this title may be adjusted to reflect the effect of the agreement.

(3) Where investigation is continued

If, pursuant to subsection (g), the administering authority and the Commission continue an investigation in which an agreement has been accepted under subsection (b) or (c), then—

(A)

if the final determination by the administering authority or the Commission under section 1673d of this title is negative, the agreement shall have no force or effect and the investigation shall be terminated, or

(B)

if the final determinations by the administering authority and the Commission under such section are affirmative, the agreement shall remain in force, but the administering authority shall not issue an antidumping duty order in the case so long as—

(i)

the agreement remains in force,

(ii)

the agreement continues to meet the requirements of subsections (b) and (d), or (c) and (d), and

(iii)

the parties to the agreement carry out their obligations under the agreement in accordance with its terms.

(g) Investigation to be continued upon request

If the administering authority, within 20 days after the date of publication of the notice of suspension of an investigation, receives a request for the continuation of the investigation from—

(1)

an exporter or exporters accounting for a significant proportion of exports to the United States of the subject merchandise, or

(2)

an interested party described in subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of this title which is a party to the investigation,

then the administering authority and the Commission shall continue the investigation.

(h) Review of suspension

(1) In general

Within 20 days after the suspension of an investigation under subsection (c), an interested party which is a party to the investigation and which is described in subparagraph (C), (D), (E), (F), or (G) of section 1677(9) of this title may, by petition filed with the Commission and with notice to the administering authority, ask for a review of the suspension.

(2) Commission investigation

Upon receipt of a review petition under paragraph (1), the Commission shall, within 75 days after the date on which the petition is filed with it, determine whether the injurious effect of imports of the subject merchandise is eliminated completely by the agreement. If the Commission’s determination under this subsection is negative, the investigation shall be resumed on the date of publication of notice of such determination as if the affirmative preliminary determination under section 1673b(b) of this title had been made on that date.

(3) Suspension of liquidation to continue during review period

The suspension of liquidation of entries of the subject merchandise shall terminate at the close of the 20-day period beginning on the day after the date on which notice of suspension of the investigation is published in the Federal Register, or, if a review petition is filed under paragraph (1) with respect to the suspension of the investigation, in the case of an affirmative determination by the Commission under paragraph (2), the date on which notice of an affirmative determination by the Commission is published. If the determination of the Commission under paragraph (2) is affirmative, then the administering authority shall—

(A)

terminate the suspension of liquidation under section 1673b(d)(2) of this title, and

(B)

release any bond or other security, and refund any cash deposit, required under section 1673b(d)(1)(B) of this title.

(i) Violation of agreement

(1) In general

If the administering authority determines that an agreement accepted under subsection (b) or (c) is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1), of elimination of injury) and subsection (d), then, on the date of publication of its determination, it shall—

(A)

suspend liquidation under section 1673b(d)(2) of this title of unliquidated entries of the merchandise made on the later of—

(i)

the date which is 90 days before the date of publication of the notice of suspension of liquidation, or

(ii)

the date on which the merchandise, the sale or export to the United States of which was in violation of the agreement, or under an agreement which no longer meets the requirements of subsections (b) and (d), or (c) and (d), was first entered, or withdrawn from warehouse, for consumption,

(B)

if the investigation was not completed, resume the investigation as if its affirmative preliminary determination were made on the date of its determination under this paragraph,

(C)

if the investigation was completed under subsection (g), issue an antidumping duty order under section 1673e(a) of this title effective with respect to entries of merchandise liquidation of which was suspended,

(D)

if it considers the violation to be intentional, notify the Commissioner of U.S. Customs and Border Protection who shall take appropriate action under paragraph (2), and

(E)

notify the petitioner, interested parties who are or were parties to the investigation, and the Commission of its action under this paragraph.

(2) Intentional violation to be punished by civil penalty

Any person who intentionally violates an agreement accepted by the administering authority under subsection (b) or (c) shall be subject to a civil penalty assessed in the same amount, in the same manner, and under the same procedures, as the penalty imposed for a fraudulent violation of section 1592(a) of this title.

(j) Determination not to take agreement into account

In making a final determination under section 1673d of this title, or in conducting a review under section 1675 of this title, in a case in which the administering authority has terminated a suspension of investigation under subsection (i)(1), or continued an investigation under subsection (g), the Commission and the administering authority shall consider all of the subject merchandise without regard to the effect of any agreement under subsection (b) or (c).

(k) Termination of investigation initiated by administering authority

The administering authority may terminate any investigation initiated by the administering authority under section 1673a(a) of this title after providing notice of such termination to all parties to the investigation.

(l) Special rule for nonmarket economy countries

(1) In general

The administering authority may suspend an investigation under this part upon acceptance of an agreement with a nonmarket economy country to restrict the volume of imports into the United States of the merchandise under investigation only if the administering authority determines that—

(A)

such agreement satisfies the requirements of subsection (d), and

(B)

will prevent the suppression or undercutting of price levels of domestic products by imports of the merchandise under investigation.

(2) Failure of agreements

If the administering authority determines that an agreement accepted under this subsection no longer prevents the suppression or undercutting of domestic prices of merchandise manufactured in the United States, the provisions of subsection (i) shall apply.

(m) Special rule for regional industry investigations

(1) Suspension agreements

If the Commission makes a regional industry determination under section 1677(4)(C) of this title, the administering authority shall offer exporters of the subject merchandise who account for substantially all exports of that merchandise for sale in the region concerned the opportunity to enter into an agreement described in subsection (b), (c), or (l).

(2) Requirements for suspension agreements

Any agreement described in paragraph (1) shall be subject to all the requirements imposed under this section for other agreements under subsection (b), (c), or (l), except that if the Commission makes a regional industry determination described in paragraph (1) in the final affirmative determination under section 1673d(b) of this title but not in the preliminary affirmative determination under section 1673b(a) of this title, any agreement described in paragraph (1) may be accepted within 60 days after the antidumping order is published under section 1673e of this title.

(3) Effect of suspension agreement on antidumping duty order

If an agreement described in paragraph (1) is accepted after the antidumping duty order is published, the administering authority shall rescind the order, refund any cash deposit and release any bond or other security deposited under section 1673b(d)(1)(B) of this title, and instruct the Customs Service that entries of the subject merchandise that were made during the period that the order was in effect shall be liquidated without regard to antidumping duties.

Source credit: (June 17, 1930, ch. 497, title VII, § 734, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 165; amended Pub. L. 98–573, title VI, §§ 604(b), 612(b)(2), Oct. 30, 1984, 98 Stat. 3026, 3034; Pub. L. 100–418, title I, §§ 1316(c), 1326(d)(2), Aug. 23, 1988, 102 Stat. 1187, 1204; Pub. L. 103–465, title II, §§ 216(b), 217(b), 218(a)(2), 219(c)(2)–(5), 233(a)(1)(B), (2)(A)(ii), (5)(S)–(U), Dec. 8, 1994, 108 Stat. 4853, 4854, 4857, 4898, 4900; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)

history & why it existsrecord from the source credit

1930Enacted · Pub. L. 96-39 · 93 Stat. 165
1984Amended · Pub. L. 98-573 · 98 Stat. 3026, 3034
1988Amended · Pub. L. 100-418 · 102 Stat. 1187, 1204
1994Amended · Pub. L. 103-465 · 108 Stat. 4853, 4854, 4857, 4898, 4900
2016Amended · Pub. L. 114-125 · 130 Stat. 210

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-39 on 1930-06-17.

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