19 U.S.C. § 1677i — Downstream product monitoring

(a) (1) A domestic producer of an article like a component part or downstream product may petition the administering authority to monitor a downstream product. The petition must identify the downstream product, its component, and why duties may have diverted component exports into increased United States production and export of the downstream product. (2) Within 14 days, the authority must decide whether downstream imports are reasonably likely to increase because of that diversion and whether (A) the component is already monitored under a bilateral arrangement, (B) related goods made in the same country have been involved in many suspended investigations or duty orders, or (C) similar goods made or exported by the component maker have been involved in at least two such proceedings. (3) It may consider the component’s value compared with the downstream product, how much it was transformed, and the relationship between their producers. (4) It must publish each decision in the Federal Register and, if both required decisions are affirmative, send the decisions and petition to the Commission. (5) These decisions are not judicially reviewable. (b) (1) If the required findings are affirmative, the Commission must immediately monitor downstream trade. If imports rise by at least 5 percent in a quarter, it must analyze the rise in the sector’s overall economic setting. (2) It must report quarterly to the authority and make reports public. (c) The authority must review the reports, use them when deciding whether to start a section 1671a(a) or 1673a(a) investigation, and ask the Commission to stop monitoring if imports are not rising and diversion is not reasonably likely. (d) “Component part” means an imported article that, during the five years before the petition, was subject to a qualifying duty order requiring at least a 15-percent ad valorem estimated-duty deposit or a qualifying agreement entered into after a preliminary affirmative determination that the estimated net countervailable subsidy was at least 15 percent ad valorem or that the estimated average amount by which normal value exceeded export price or constructed export price was at least 15 percent ad valorem, and that by its inherent features is routinely a major part, component, assembly, subassembly, or material in a downstream product. “Downstream product” means an imported manufactured article incorporating a component part.