Page:United States Statutes at Large Volume 108 Part 6.djvu/282

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108 STAT. 4850 PUBLIC LAW 103-465—DEC. 8, 1994 (E) Section 733(f) (19 U.S.C. 1673b(f)) is amended to read as follows:

    • (f) NOTICE OF DETERMINATION. — Whenever the Commission

or the administering authority makes a determination under this section, the Commission or the administering authority, as the case may be, shall notify the petitioner, and other parties to the investigation, and the Commission or the administering authority (whichever is appropriate) of its determination. The administering authority shall include with such notification the facts and conclusions on which its determination is based. Not later than 5 days after the date on which the determination is required to be made under subsection (a)(2), the Commission shall transmit to the administering authority the facts and conclusions on which its determination is based.. SEC. 213. DE MINIMIS DUMPING MARGIN. (a) PRELIMINARY DETERMINATIONS.—Section 733(b) (19 U.S.C. 1673b(b)) is amended by adding at the end the following new paragraph: "(3) DE MINIMIS DUMPING MARGIN.—In making a determination under this subsection, the administering authority shall disregard any weighted average dumping margin that is de minimis. For purposes of the preceding sentence, a weighted average dimipin^ margin is de minimis if the administering authority determines that it is less than 2 percent ad valorem or the equivalent specific rate for the subject merchandise.". (b) FINAL DETERMINATIONS.—Section 735(a) (19 U.S.C. 1673d(a)) is amended by adding at the end the following new paragraph: "(4) DE MINIMIS DUMPING MARGIN.—In making a determination under this subsection, the administering authority shall disregard any weighted average dumping margin that is de minimis as defined in section 733(b)(3).. SEC. 214. CRITICAL CIRCUMSTANCES. (a) COUNTERVAIUNG DUTY INVESTIGATIONS. — (1) PREUMINARY DETERMINATIONS. —Section 703(e)(1) (19 U.S.C. 1671b(e)(l)) is amended— (A) in the matter preceding subparagraph (A) by striking "best information and inserting information"; and (B) by amending subparagraphs (A) and (B) to read as follows: "(A) the alleged countervailable subsidy is inconsistent with the Subsidies Agreement, and "(B) there have been massive imports of the subject merchandise over a relatively short penod.". (2) FINAL DETERMINATIONS.— (A) Section 705(a)(2) (19 U.S.C. 1671d(a)(2)) is amended— (i) in subparagraph (A) by inserting "Subsidies" before "Agreement^'; and (ii) in subparagraph (B) by striking "class or kind of merchandise involved" and inserting "subject merchandise". (B) Section 705(b)(4)(A) (19 U.S.C. 1671d(b)(4)) is amended to read as follows: "(A) COMMISSION STANDARD FOR RETROACTIVE APPLICATION. —