19 U.S.C. § 1675 — Administrative review of determinations

(a) Periodic review of amount of duty. (1) At least once during each 12-month period beginning on the anniversary of the date a covered order, finding, or suspension notice was published, the administering authority must conduct a review if it receives a request and publishes notice of the review in the Federal Register. The covered actions are a countervailing duty order under this subtitle or section 1303 of this title, an antidumping duty order under this subtitle, a finding under the Antidumping Act, 1921, or a notice that an investigation was suspended. The authority must: (A) review and determine the amount of any net countervailable subsidy; (B) review and determine the amount of any antidumping duty under paragraph (2); and (C) review the current status of and compliance with any suspension agreement, including the net countervailable subsidy or dumping margin involved in the agreement. The authority must publish the review results in the Federal Register, with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed. (2) Determination of antidumping duties. (A) For paragraph (1)(B), the authority must determine the normal value and export price, or constructed export price, of each entry of the subject merchandise, and the dumping margin for each entry. (B) New exporters and producers. (i) If an exporter or producer asks for a review and establishes that it did not export the merchandise covered by the order to the United States during the investigation period—or, in the case of a regional industry, did not export the subject merchandise for sale in the region concerned during that period—and that it is not affiliated, within the meaning of section 1677(33) of this title, with any exporter or producer that exported the subject merchandise to the United States—or, in the case of a regional industry, exported the subject merchandise for sale in the region concerned—during that period, the authority must conduct a review to establish an individual weighted-average dumping margin or individual countervailing duty rate for that exporter or producer. (ii) The authority must begin this review in the calendar month after the end of the six-month period that begins on the date of the order, or after the end of a later six-month period if the request was made during that period. (iii) The authority must make a preliminary determination within 180 days after the review begins and a final determination within 90 days after the preliminary determination is issued. If the authority finds the case extraordinarily complicated, it may extend those periods to 300 days and 150 days. (iv) Any weighted-average dumping margin or individual countervailing duty rate must be based only on the exporter’s or producer’s bona fide United States sales during the review period. In deciding whether those sales were bona fide, the authority must consider, depending on the circumstances: their prices; whether they were made in commercial quantities; their timing; expenses arising from them; whether the merchandise was resold in the United States at a profit; whether the sales were made at arm’s length; and any other factor the authority considers relevant to whether the sales are likely to be typical of the exporter’s or producer’s sales after the review. (C) The determination under this paragraph is the basis for assessing countervailing or antidumping duties on covered entries and for depositing estimated duties. (3) Time limits. (A) The authority must make a preliminary determination under paragraph (1)(A), (B), or (C) within 245 days after the last day of the month containing the anniversary of the publication date. It must make the final determination within 120 days after the preliminary determination is published. If completing the review within those periods is not practicable, it may extend the periods to 365 days and 180 days. It may extend only the final period if it makes the final determination no later than 300 days after the preliminary determination is published. (B) If the authority orders entries liquidated under paragraph (1), liquidation must be prompt and, to the greatest extent practicable, within 90 days after Customs receives the instructions. If liquidation has not occurred within 90 days, the Secretary of the Treasury must explain why, upon request of the affected party. (C) If a final determination under paragraph (1) is under review under section 1516a and liquidation of covered entries is enjoined under section 1516a(c)(2) or suspended under section 1516a(g)(5)(C), the authority must, within 10 days after the review is finally decided, transmit the final disposition to the Federal Register for publication and issue Customs instructions for liquidation. In that case, the 90-day period in subparagraph (B) begins on the day the authority issues those instructions. (4) Absorption of antidumping duties. During a review under this subsection that begins two years or four years after publication of an antidumping duty order under section 1673e(a), the authority must, if requested, determine whether a foreign producer or exporter subject to the order absorbed antidumping duties when the subject merchandise was sold in the United States through an importer affiliated with that foreign producer or exporter. The authority must notify the Commission of its findings so the Commission can consider them in a subsection (c) review. (b) Reviews based on changed circumstances. (1) If the authority or the Commission receives information about, or an interested party requests a review of, a final affirmative determination that resulted in a covered order or finding, a suspension agreement accepted under section 1671c or 1673c, or a final affirmative determination from an investigation continued under section 1671c(g) or 1673c(g), and the information or request shows changed circumstances sufficient to justify review, the authority or Commission must review the determination or agreement after publishing notice in the Federal Register. (2) In a review under this subsection, the Commission must: (A) for a countervailing duty order, antidumping duty order, or finding, decide whether revoking it is likely to lead to continuing or recurring material injury; (B) for a determination under section 1671c(h)(2) or 1673c(h)(2), decide whether the suspension agreement continues completely to eliminate the injurious effects of imports of the subject merchandise; and (C) for an affirmative determination from an investigation continued under section 1671c(g) or 1673c(g), decide whether ending the suspended investigation is likely to lead to continuing or recurring material injury. (3) In a Commission review, the party seeking revocation of an order or finding has the burden of persuasion on whether changed circumstances justify revocation. The party seeking termination of a suspended investigation or suspension agreement has the burden of persuasion on whether changed circumstances justify termination. (4) Without good cause, the Commission may not review a determination under section 1671d(b) or 1673d(b), or an investigation suspended under section 1671c or 1673c, less than 24 months after notice of the determination or suspension was published. Without good cause, the authority may not review a determination under section 1671d(a) or 1673d(a), or an investigation suspended under section 1671c or 1673c, less than 24 months after notice of the determination or suspension was published. (c) Five-year review. (1) Except for a transition order defined in paragraph (6), five years after publication of a covered countervailing duty order, antidumping duty order, finding, suspension notice, injury determination notice under section 1675b concerning a countervailing duty order, or determination under this section to continue an order or suspension agreement, the authority and the Commission must review under section 1675a whether revoking the order or terminating the suspended investigation would likely lead to continuation or recurrence of dumping or a countervailable subsidy and material injury. The countervailing duty order described in subparagraph (A) does not include one to which subparagraph (B) applies or one issued without an affirmative injury determination by the Commission under section 1303 of this title. (2) No later than 30 days before the fifth anniversary, the authority must publish a notice beginning the review and ask interested parties for: (A) a statement that they are willing to participate by providing information requested by the authority and Commission; (B) a statement about the likely effects of revoking the order or terminating the suspended investigation; and (C) other information or industry data the authority or Commission specifies. (3) Responses to initiation notice. (A) If no interested party responds, the authority must, within 90 days after initiation, issue a final determination revoking the order or terminating the suspended investigation. For this paragraph, an interested party is one described in section 1677(9)(C), (D), (E), (F), or (G). (B) If interested parties provide inadequate responses, the authority may, within 120 days after initiation, or the Commission may, within 150 days after initiation, issue a final determination without further investigation, based on the facts available under section 1677e. (4) Waiver by certain interested parties. (A) An interested party described in section 1677(9)(A) or (B) may choose not to participate in the authority’s review and to participate only in the Commission’s review. (B) If it does so, the authority must conclude that revoking the order or terminating the investigation would likely lead to continuation or recurrence of dumping or a countervailable subsidy, as applicable, with respect to that party. (5) Conduct of review. (A) Unless paragraph (3) has completed the review or paragraph (4) applies, the authority must make its final determination under section 1675a(b) or (c) within 240 days after initiation. If the authority’s final determination is affirmative, the Commission must make its final determination under section 1675a(a) within 360 days after initiation. (B) The authority or Commission may extend its applicable period by no more than 90 days if it finds the review extraordinarily complicated. If the authority extends its period but the Commission does not, the Commission must decide no later than 120 days after the authority’s final determination is published. (C) For this subsection, a review may be treated as extraordinarily complicated if there are many issues, the issues are complex, many firms are involved, the orders or suspended investigations have been grouped under subparagraph (D), or the review concerns a transition order. (D) The Commission, after consulting the authority, may group orders or suspended investigations if grouping is appropriate and will promote administrative efficiency. If orders or investigations are grouped, the Commission, subject to subparagraph (B), must decide no later than 120 days after the authority publishes notice of its final determination concerning the last order or agreement in the group. (6) Special transition rules. (A) The authority must begin reviewing transition orders in the 42nd calendar month after they are issued and must begin reviewing all of them no later than the fifth anniversary after they are issued. Each review must end no later than 18 months after it begins, and reviews of all transition orders must end no later than 18 months after their fifth anniversary. For later five-year reviews, the same deadlines apply by replacing the date the orders were issued with the date of the determination continuing them. No transition order may be revoked under this subsection before five years after the WTO Agreement enters into force for the United States. (B) The authority, after consulting the Commission, must choose the order of transition reviews as it considers appropriate to promote administrative efficiency. To the extent practicable, it must review older orders first. (C) For this section, “transition order” means a countervailing duty order under this subtitle or section 1303 of this title, an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or a suspended investigation under section 1671c or 1673c of this title, if it is in effect when the WTO Agreement enters into force for the United States. (D) For this subsection, a transition order based on an investigation conducted by both the authority and the Commission is treated as issued on the date the WTO Agreement enters into force for the United States. (7) Exclusions from computations. (A) Except as provided in subparagraph (B), do not count in the five-year period in paragraph (1) or the periods in paragraph (6) any period when United States sanctions under the International Emergency Economic Powers Act or another law prohibit importing the subject merchandise from the country where it originates. (B) This exclusion applies only to subject merchandise originating in a country that is not a WTO member. (d) Revocation of order or finding; termination of suspended investigation. (1) After a review under subsection (a) or (b), the authority may revoke all or part of a countervailing duty order or antidumping duty order or finding, or terminate a suspended investigation. It may not revoke all or part of a countervailing duty order or terminate a suspended investigation based on export taxes, duties, or other charges on exports of the subject merchandise to the United States that are specifically intended to offset the countervailable subsidy received. (2) After a subsection (c) review, the authority must revoke a countervailing duty order or an antidumping duty order or finding, or terminate a suspended investigation, unless: (A) the authority determines that dumping or a countervailable subsidy, as applicable, would likely continue or recur; and (B) the Commission determines that material injury would likely continue or recur as described in section 1675a(a) of this title. (3) A determination under this section to revoke an order or finding or terminate a suspended investigation applies to unliquidated entries of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the date set by the authority. (e) Hearings. Whenever the authority or Commission conducts a review under this section, it must, upon an interested party’s request, hold a hearing about that review under section 1677c(b). (f) If the Commission’s determination under subsection (b)(2)(B) is negative, the suspension agreement is treated as not accepted beginning on the date the Commission’s determination is published. The authority and Commission must proceed under section 1671c(i) or 1673c(i) as if the agreement had been violated on that date, except that no duty under an order later issued may be assessed on merchandise entered, or withdrawn from warehouse, for consumption before that date. (g) Reviews to implement results of subsidies enforcement proceeding. (1) If the Trade Representative notifies the authority of a violation of Article 8 of the Subsidies Agreement, the authority has reason to believe that merchandise covered by an existing countervailing duty order or suspended investigation benefits from the subsidy or subsidy program found to violate Article 8, and no subsection (a)(1) review is in progress, the authority must review the order or suspended investigation to decide whether the subject merchandise benefits from that subsidy or program. If it finds that it does, it must appropriately adjust estimated-duty deposits or revise the suspension agreement’s terms. (2) If the Trade Representative notifies the authority that, under Article 4 or 7 of the Subsidies Agreement, the United States imposed countermeasures based on the effects in the United States of imports covered by a countervailing duty order, or a WTO member withdrew a countervailable subsidy provided for merchandise covered by such an order, the authority must review whether to adjust estimated-duty deposits or revoke the order. (3) The authority must conduct reviews under this subsection on an expedited basis and publish their results in the Federal Register. (h) Correction of ministerial errors. The authority must establish procedures for correcting ministerial errors in final determinations within a reasonable time after determinations are issued under this section. The procedures must give interested parties an opportunity to present their views about the errors. In this subsection, “ministerial error” includes errors in addition, subtraction, or another arithmetic function; clerical errors from inaccurate copying, duplication, or similar mistakes; and any other unintentional error the authority considers ministerial.