Page:United States Statutes at Large Volume 98 Part 3.djvu/658

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PUBLIC LAW 98-000—MMMM. DD, 1984

98 STAT. 3030 19 USC 1671h.

PUBLIC LAW 98-573—OCT. 30, 1984

"SEC. 709. CONDITIONAL PAYMENT OF COUNTERVAILING DUTY.

"(a) IN GENERAL.—For all entries, or withdrawals from warehouse, for consumption of merchandise subject to a countervailing duty order on or after the date of publication of such order, no customs officer may deliver merchandise of that class or kind to the person by whom or for whose account it was imported unless that person complies with the requirement of subsection (b) and deposits with the appropriate customs officer an estimated countervailing duty in an amount determined by the administering authority. "(b) IMPORTER REQUIREMENTS.—In order to meet the requirements of this subsection, a person shall— "(1) furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for ascertaining any countervailing duty to be imposed under this subtitle, "(2) maintain and furnish to the customs officer such records concerning such merchandise as the administering authority, by regulation, requires, and "(3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this subtitle on that merchandise.". SEC. 609. INITIATION OF ANTIDUMPING DUTY INVESTIGATIONS.

Section 732(a) (19 U.S.C. 1673a(a)) is amended to read as follows: "(a) INITIATION BY ADMINISTERING AUTHORITY.—

19 USC 1673.

"(1) IN GENERAL.—An antidumping duty investigation shall be commenced whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under section 731 exist. "(2) CASES INVOLVING PERSISTENT DUMPING.—

"(A) MONITORING.—The administering authority may establish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if— "(i) more than one antidumping order is in effect with respect to that class or kind of merchandise; "(ii) in the judgment of the administering authority there is reason to believe or suspect an extraordinary pattern of persistent injurious dumping from one or more additional supplier countries; and "(iii) in the judgment of the administering authority this extraordinary pattern is causing a serious commercial problem for the domestic industry. "(B) If during the period of monitoring referred to in subparagraph (A), the administering authority determines that there is sufficient information to commence a formal investigation under this subsection regarding an additional supplier country, the administering authority shall immediately commence such an investigation. "(C) DEFINITION.—For purposes of this paragraph, the term 'additional supplier country' means a country regarding which no antidumping investigation is currently pending, and no antidumping duty order is currently in effect, with respect to imports of the class or kind of merchandise covered by subparagraph (A).