Page:United States Statutes at Large Volume 108 Part 6.djvu/294

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108 STAT. 4862 PUBLIC LAW 103-465—DEC. 8, 1994 party means a party described in section 771(9)(C), (D), (E),(F),or(G). "(B) INADEQUATE RESPONSE.—If interested parties provide inadequate responses to a notice of initiation, the administering authority, within 120 days after the initiation of the review, or the Commission, within 150 days after such initiation, may issue, without further investigation, a final determination based on the facts available, in accordance with section 776. " (4) WAIVER OF PARTICIPATION BY CERTAIN INTERESTED PARTIES.— "(A) IN GENERAL. —An interested party described in section 771(9)(A) or (B) may elect not to participate in a review conducted by the administering authority under this subsection and to participate only in the review conducted by the Commission imaer this subsection. "(B) EFFECT OF WAIVER. —In a review in which an interested party waives its participation pursuant to this paragraph, the administering authority shall conclude that revocation of the order or termination of the investigation would be hkely to lead to continuation or recurrence of dumping or a countervailable subsidy (as the case may be) with respect to that interested party. " (5) CONDUCT OF REVIEW. — "(A) TIME LIMITS FOR COMPLETION OF REVIEW.—Unless the review has been completed pursuant to paragraph (3) or paragraph (4) applies, the administering authority shall make its nnal determination pursuant to section 752(b) or (c) within 240 days after the date on which a review is initiated under this subsection. If the administering authority makes a final affirmative determination, the Commission shall make its final determination pursuant to section 752(a) within 360 days after the date on which a review is initiated under this subsection. "(B) EXTENSION OF TIME LIMIT.— The administering authority or the Commission (as the case may be) may extend the period of time for making their respective determinations under this subsection by not more than 90 days, if the administering authority or the Commission (as the case may be) determines that the review is extraordinarily complicated. In a review in which the administering authority extends the time for making a final determination, but the Commission does not extend the time for making a determination, the Commission's determination shall be made not later than 120 days after the date on which the final determination of the administering authority is published. "(C) EXTRAORDINARILY COMPLICATED. — For purposes of this subsection, the administering authority or the Commission (as the case may be) may treat a review as extraordinarily complicated if— "(i) there is a large number of issues, "(ii) the issues to be considered are complex, "(iii) there is a large number of firms involved, "(iv) the orders or suspended investigations have been grouped as described in subparagraph (D), or "(v) it is a review of a transition order.