Page:United States Statutes at Large Volume 108 Part 6.djvu/299

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PUBLIC LAW 103-465—DEC. 8, 1994 108 STAT. 4867 Commission shall consider that the effects of revocation or termination may not be imminent, but may manifest themselves only over a longer period of time. " (6) MAGNITUDE OF MARGIN OF DUMPING AND NET COUNTERVAILABLE SUBSIDY; NATURE OF COUNTERVAILABLE SUB- SIDY. — In making a determination under section 751(b) or (c), the Commission may consider the magnitude of the mai^n of dumping or the magnitude of the net countervailable subsidy. If a countervailable subsidy is involved the Commission shall consider information regarding the nature of the countervailable subsidy and whether the subsidy is a subsidy described in Article 3 or 6.1 of the Subsidies Agreement. "(7) CUMULATION.—For purposes of this subsection, the Commission may cumulatively assess the volume and effect of imports of the subject merchandise from all countries with respect to which reviews under section 751(b) or (c) were initiated on the same day, if such imports would be likely to compete with each other and with domestic like products in the United States market. The Commission shall not cumulatively assess the volume and effects of imports of the subject merchandise in a case in which it determines that such imports are likely to have no discernible adverse impact on the domestic industry. "(8) SPECIAL RULE FOR REGIONAL INDUSTRIES.—In a review under section 751(b) or (c) involving a regional industry, the Commission may base its determination on the regional industry defined in the original investigation under this title, another region that satisfies tiae criteria established in section 771(4)(C), or the United States as a whole. In determining if a regional industry anahrsis is appropriate for the determination in the review, the Commission shall consider whether the criteria established in section 771(4)(C) are likely to be satisfied if the order is revoked or the suspended investigation is terminated. " (b) DETERMINATION OF LIKELIHOOD OF CONTINUATION OR RECURRENCE OF A COUNTERVAILABLE SUBSIDY. — "(1) IN GENERAL.—In a review conducted under section 751(c), the administering authority shall determine whether revocation of a countervailing duty order or termination of a suspended investigation under section 704 would be likely to lead to continuation or recurrence of a countervailable subsidy. The administering authority shall consider— "(A) the net countervailable subsidy determined in the investigation and subsequent reviews, and "(B) whether £my change in the program which gave ^ rise to the net countervailable subsidy described in subparagraph (A) has occurred that is likely to affect that net countervailable subsidy. "(2) CONSIDERATION OF OTHER FACTORS. — If good cause is shown, the administering authority shall also consider—

    • (A) programs determined to provide countervailable

subsidies in other investigations or reviews under this title, but only to the extent that such programs— "(i) can potentially be used by the exporters or producers subject to the review under section 751(c), and