Sec. 102001. Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations
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Section 771(7) of the Tariff Act of 1930 ( 19 U.S.C. 1677(7) ) is amended— by redesignating subparagraphs
(E)through
(J)as subparagraphs
(F)through (K), respectively; in subparagraph (I), as redesignated by paragraph (1)— by striking subparagraph (G)(ii) and inserting subparagraph (H)(ii) ; and by striking subparagraph
(F)and inserting subparagraph
(G); and by inserting after subparagraph
(D)the following: In evaluating the impact of imports of the merchandise on producers of domestic like products under subparagraph (C)(iii), the Commission shall— consider the condition of the domestic industry as found in a recently completed investigation; consider the effect of a concurrent investigation or recently completed investigation on trade and the financial performance of the domestic industry; and take into account the considerations described in items
(aa)and (bb), include in the record any prior injury determinations by the Commission with respect to imports of the merchandise. For the purposes of this subparagraph, the Commission may not find that there is no material injury or threat of material injury to a domestic industry solely based on recent improvements in the industry’s performance, such as an increase in sales, market share, or profitability of domestic producers, that are related to relief granted pursuant to a concurrent investigation or recently completed investigation. In making any finding under section 705(b)(4)(A) or 735(b)(4)(A) in a successive investigation, the Commission shall determine that a concurrent investigation or recently completed investigation contributes to the likelihood that the remedial effect of the countervailing duty order to be issued under section 706 or the antidumping duty order to be issued under section 736 will be seriously undermined. . Section 771 of the Tariff Act of 1930 ( 19 U.S.C. 1677 ) is amended by adding at the end the following: For purposes of sections 702(f), 732(f), and 784, as well as paragraph (7)(E) of this section: The term concurrent investigation means an ongoing investigation in which an affirmative determination under section 703(a) or 733(a) has been made by the Commission with respect to imports of a same class or kind of merchandise that are the same or similar to imports of a same class or kind of merchandise from another country that are the subject of a successive investigation. The term recently completed investigation means a completed investigation in which an affirmative determination under section 705(b) or 735(b) was issued by the Commission with respect to imports of a class or kind of merchandise that are the same or similar to imports of a class or kind of merchandise from another country that are the subject of a successive investigation not more than 2 years before the date of initiation of the successive investigation. The term successive investigation means an investigation that has been initiated by the administering authority following a petition filed pursuant to section 702(f) or 732(f). .
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Sec. 102001
Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations
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