PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4873 (e) CUMULATION.— Section 771(7) (19 U.S.C. 1677(7)) is amended— (1) in subparagraph (F) by striking clause (iv), and (2) by adding at the end me following: (G) CUMULATION FOR DETERMINING MATERIAL . INJURY.—
- (i) IN GENERAL.—For purposes of clauses (i) and
(ii) of subparagraph (C), and subject to clause (ii), the Commission shall cimiulatively assess the volume and effect of imports of the subiect merchandise from all countries with respect to which— "(I) petitions were filed under section 702(b) or 732(b) on the same day, "(II) investigations were initiated under section 702(a) or 732(a) on the same day, or "(III) petitions were filed under section 702(b) or 732(b) and investigations were initiated under section 702(a) or 732(a) on the same day, if such imports compete with each other and with domestic like products in the United States market. " (ii) EXCEPTIONS.— The Commission shall not cumulatively assess the volume and effect of imports under clause (i)— "(I) with respect to which the administering authority has made a preUminary negative determination, unless the administering authority subsequently made a final affirmative determination with respect to those imports before the Commission's final determination is made; "(II) fix)m any country with respect to which the investigation has been terminatea; "(III) from any country designated as a beneficiary country under the Caribbean Basin Economic Recovery Act (19 U.S.C. 2701 et seq.) for purposes of making a determination with respect to tiiat country, except that the volume and effect of imports of the subject merchandise fix)m such country may be cumulatively assessed with imports of the subject merchandise fix)m any other country designated as such a beneficiary country to the extent permitted by clause (i); or "(IV) fix)m any country that is a party to an agreement with the United States establishing a free trade area, which entered into force and effect before January 1, 1987, unless the Commission determines that a domestic industry is materially injured or threatened with material injiuy by reason of imports from that country. "(iii) RECORDS IN FINAL INVESTIGATIONS. — In each final determination in which it cumulatively assesses the volume and effect of imports under clause (i), the Commission shall make its determinations based on the record compiled in the first investigation in which it makes a final determination, except that when the administering authority issues its final determination in a subsequently completed investigation, the Commission shall permit the parties in the subsequent
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