Sec. 301. Modification of requirements in circumvention inquiries
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Section 781 of the Tariff Act of 1930 ( 19 U.S.C. 1677j ) is amended by striking subsection
(f)and inserting the following: A circumvention inquiry shall be initiated whenever the administering authority determines, from information available to it, that a formal inquiry is warranted into the question of whether the elements necessary for a determination under this section exist. A circumvention inquiry shall be initiated whenever an interested party files an inquiry request that alleges the elements necessary for a determination under this section, accompanied by information reasonably available to the requestor supporting those allegations. The administering authority shall specify requirements for the contents and service of an inquiry request under subparagraph (A). The administering authority shall not accept any unsolicited oral or written communication from any person other than the interested party filing an inquiry request before the administering authority decides whether to initiate an inquiry, except for communications regarding the status of the consideration of the inquiry request. Not later than 20 days after the filing of an inquiry request under paragraph (2)(A), the administering authority shall— initiate a circumvention inquiry; dismiss the inquiry request as inadequate and notify the requestor in writing of the reasons for the dismissal; or notify all interested parties that the inquiry request will be addressed through a determination (other than a determination under this section) by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or an antidumping or countervailing duty order. Except as provided in clause (ii), not later than 90 days after the date on which the administering authority initiates a circumvention inquiry under paragraph
(1)or (3)(A), the administering authority shall make a preliminary determination, based on the information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. The administering authority may extend the deadline under clause
(i)by a period not to exceed 45 days. Except as provided in clause (ii), not later than 120 days after issuing a preliminary determination under subparagraph
(A)with respect to a circumvention inquiry, the administering authority shall make a final determination of whether the merchandise subject to the inquiry is circumventing an existing finding of dumping or an antidumping or countervailing duty order. The administering authority may extend the deadline under clause
(i)by a period not to exceed 60 days. If an inquiry request under paragraph (2)(A) is addressed through a class or kind determination described in paragraph (3)(C), the administering authority shall make such determination not later than 335 days after the filing of the inquiry request. Nothing in this section shall be construed to prevent the administering authority from simultaneously initiating a circumvention inquiry under paragraph
(1)or (3)(A) and issuing a preliminary ruling under paragraph (4)(A). . Section 781 of the Tariff Act of 1930 is further amended by adding at the end the following: If the administering authority initiates a circumvention inquiry under paragraph
(1)or (3)(A) of subsection (f), the administering authority shall order— the suspension, or continued suspension, of liquidation of all entries of merchandise subject to the circumvention inquiry; and the posting of a cash deposit, at the prevailing all-others or country-wide rate, for each entry of merchandise described in subparagraph (A). Nothing in this section shall be construed to prevent the administering authority from applying the requirements under this subsection in a class or kind determination described in subsection (f)(3)(C). . Section 781 of the Tariff Act of 1930 is further amended by adding at the end the following: The administering authority shall apply a determination described in paragraph
(2)on a country-wide basis unless it determines that application of that determination to particular producers or exporters is appropriate. A determination described in this paragraph is any of the following: A determination under subsection
(a)with respect to merchandise completed or assembled in the United States. A determination under subsection
(b)with respect to merchandise completed or assembled in a foreign country. A determination under subsection
(c)with respect to minor alteration of merchandise. A determination under subsection
(d)with respect to later-developed merchandise. . Section 777(i) of the Tariff Act of 1930 is amended by adding at the end the following: Whenever the administering authority makes a determination under section 781 whether to initiate a circumvention inquiry or makes a preliminary or final determination under subsection (f)(4) of that section, the administering authority shall publish the facts and conclusions supporting that determination and shall publish notice of that determination in the Federal Register. . Section 782(i) of the Tariff Act of 1930 ( 19 U.S.C. 1677m(i) ) is amended— in paragraph (2), by striking and at the end; in paragraph (3)(B), by striking the period at the end and inserting , and ; and by adding at the end the following: a final determination in a circumvention inquiry conducted pursuant to section 781. .
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