Page:United States Statutes at Large Volume 93.djvu/211

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PUBLIC LAW 96-000—MMMM. DD, 1979

PUBLIC LAW 96-39—JULY 26, 1979

93 STAT. 179

"(i) The Commission shall not determine that there is no material injury or threat of material injury to United States producers of an agricultural commodity merely because the prevailing market price is at or above the minimum support price. "(ii) In the case of agricultural products, the Commission shall consider any increased burden on government income or price support programs. "(E) SPECIAL RULES.—For purposes of this paragraph— "(i) NATURE OF SUBSIDY.—In determining whether there is a threat of material injury, the Commission shall consider such information as may be presented to it by the administering authority as to the nature of the subsidy (particularly as to whether the subsidy is an export subsidy inconsistent with the Agreement) provided by a foreign country and the effects likely to be caused by the subsidy. "(ii) STANDARD FOR DETERMINATION.—The presence or

absence of any factor which the Commission is required to evaluate under subparagraph (C) or (D) shall not necessarily give decisive guidance with respect to the determination by the Commission of material injury. "(8) AGREEMENT ON SUBSIDIES AND COUNTERVAILING MEASURES;

AGREEMENT.—The terms 'Agreement on Subsidies and Countervailing Measures' and 'Agreement' mean the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade (relating to subsidies and countervailing measures) approved under section 2(a) of the Trade Agreements Act of 1979. "(9) INTERESTED PARTY.—The term 'interested party' means— "(A) a foreign manufacturer, producer, or exporter, or the United States importer, of merchandise which is the subject of an investigation under this title or a trade or business association a majority of the members of which are importers of such merchandise, "(B) the government of a country in which such merchandise is produced or manufactured, "(C) a manufacturer, producer, or wholesaler in the United States of a like product, "(D) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a like product, and "(E) a trade or business association a majority of whose members manufacture, produce, or wholesale a like product in the United States. "(10) LIKE PRODUCT.—The term 'like product' means a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this title. "(11) AFFIRMATIVE DETERMINATIONS BY DIVIDED COMMISSION.—

If the Commissioners voting on a determination by the Commission are evenly divided as to whether the determination should be affirmative or negative, the Commission shall be deemed to have made an affirmative determination. For the purpose of applying this paragraph when the issue before the Commission is to determine whether there is— "(A) material injury to an industry in the United States,