§ 1671c.
(b)
Agreements to eliminate or offset completely a countervailable subsidy or to cease exports of subject merchandise
The administering authority may suspend an investigation if the government of the country in which the countervailable subsidy practice is alleged to occur agrees, or exporters who account for substantially all of the imports of the subject merchandise agree—
(1)
to eliminate the countervailable subsidy completely or to offset completely the amount of the net countervailable subsidy, with respect to that merchandise exported directly or indirectly to the United States, within 6 months after the date on which the investigation is suspended, or
(2)
to cease exports of that merchandise to the United States within 6 months after the date on which the investigation is suspended.
(c)
Agreements eliminating injurious effect
(2)
Certain additional requirements
Except in the case of an agreement by a foreign government to restrict the volume of imports of the subject merchandise into the United States, the administering authority may not accept an agreement under this subsection unless—
(A)
the suppression or undercutting of price levels of domestic products by imports of that merchandise will be prevented, and
(B)
at least 85 percent of the net countervailable subsidy will be offset.
(3)
Quantitative restrictions agreements
(4)
Definition of extraordinary circumstances
(A)
Extraordinary circumstances
For purposes of this subsection, the term “extraordinary circumstances” means circumstances in which—
(i)
suspension of an investigation will be more beneficial to the domestic industry than continuation of the investigation, and
(ii)
the investigation is complex.
(B)
Complex
For purposes of this paragraph, the term “complex” means—
(i)
there are a large number of alleged countervailable subsidy practices and the practices are complicated,
(ii)
the issues raised are novel, or
(iii)
the number of exporters involved is large.
(d)
Additional rules and conditions
(1)
Public interest; monitoring
The administering authority shall not accept an agreement under subsection (b) or (c) unless—
(A)
it is satisfied that suspension of the investigation is in the public interest, and
(B)
effective monitoring of the agreement by the United States is practicable.
Where practicable, the administering authority shall provide to the exporters who would have been subject to the agreement the reasons for not accepting the agreement and, to the extent possible, an opportunity to submit comments thereon. In applying subparagraph (A) with respect to any quantitative restriction agreement under subsection (c), the administering authority shall take into account, in addition to such other factors as are considered necessary or appropriate, the factors set forth in subsection (a)(2)(B)(i), (ii), and (iii) as they apply to the proposed suspension and agreement, after consulting with the appropriate consuming industries, producers, and workers referred to in subsection (a)(2)(C)(i) and (ii).
(2)
Exports of merchandise to United States not to increase during interim period
(3)
Regulations governing entry or withdrawals
(e)
Suspension of investigation procedure
Before an investigation may be suspended under subsection (b) or (c) the administering authority shall—
(1)
notify the petitioner of, and consult with the petitioner concerning, its intention to suspend the investigation, and notify other parties to the investigation and the Commission not less than 30 days before the date on which it suspends the investigation,
(2)
provide a copy of the proposed agreement to the petitioner at the time of the notification, together with an explanation of how the agreement will be carried out and enforced (including any action required of foreign governments), and of how the agreement will meet the requirements of subsections (b) and (d) or (c) and (d), and
(3)
permit all interested parties described in
section 1677(9) of this title to submit comments and information for the record before the date on which notice of suspension of the investigation is published under subsection (f)(1)(A).
(f)
Effects of suspension of investigation
(1)
In general
If the administering authority determines to suspend an investigation upon acceptance of an agreement described in subsection (b) or (c), then—
(A)
it shall suspend the investigation, publish notice of suspension of the investigation, and issue an affirmative preliminary determination under
section 1671b(b) of this title with respect to the subject merchandise, unless it has previously issued such a determination in the same investigation,
(B)
the Commission shall suspend any investigation it is conducting with respect to that merchandise, and
(C)
the suspension of investigation shall take effect on the day on which such notice is published.
(2)
Liquidation of entries
(A)
Cessation of exports; complete elimination of net countervailable subsidy
If the agreement accepted by the administering authority is an agreement described in subsection (b), then—
(i)
notwithstanding the affirmative preliminary determination required under paragraph (1)(A), the liquidation of entries of subject merchandise shall not be suspended under
section 1671b(d)(2) of this title,
(ii)
if the liquidation of entries of such merchandise was suspended pursuant to a previous affirmative preliminary determination in the same case with respect to such merchandise, that suspension of liquidation shall terminate, and
(3)
Where investigation is continued
If, pursuant to subsection (g), the administering authority and the Commission continue an investigation in which an agreement has been accepted under subsection (b) or (c), then—
(A)
if the final determination by the administering authority or the Commission under
section 1671d of this title is negative, the agreement shall have no force or effect and the investigation shall be terminated, or
(B)
if the final determinations by the administering authority and the Commission under such section are affirmative, the agreement shall remain in force, but the administering authority shall not issue a countervailing duty order in the case so long as—
(i)
the agreement remains in force,
(ii)
the agreement continues to meet the requirements of subsections (b) and (d) or (c) and (d), and
(iii)
the parties to the agreement carry out their obligations under the agreement in accordance with its terms.
(g)
Investigation to be continued upon request
If the administering authority, within 20 days after the date of publication of the notice of suspension of an investigation, receives a request for the continuation of the investigation from—
(1)
the government of the country in which the countervailable subsidy practice is alleged to occur, or
(2)
an interested party described in subparagraph (C), (D), (E), (F), or (G) of
section 1677(9) of this title which is a party to the investigation,
then the administering authority and the Commission shall continue the investigation.
(i)
Violation of agreement
(1)
In general
If the administering authority determines that an agreement accepted under subsection (b) or (c) is being, or has been, violated, or no longer meets the requirements of such subsection (other than the requirement, under subsection (c)(1), of elimination of injury) and subsection (d), then, on the date of publication of its determination, it shall—
(A)
(i)
the date which is 90 days before the date of publication of the notice of suspension of liquidation, or
(ii)
the date on which the merchandise, the sale or export to the United States of which was in violation of the agreement, or under an agreement which no longer meets the requirements of subsections (b) and (d) or (c) and (d), was first entered, or withdrawn from warehouse, for consumption,
(B)
if the investigation was not completed, resume the investigation as if its affirmative preliminary determination under
section 1671b(b) of this title were made on the date of its determination under this paragraph,
(C)
if the investigation was completed under subsection (g), issue a countervailing duty order under
section 1671e(a) of this title effective with respect to entries of merchandise the liquidation of which was suspended,
(D)
if it considers the violation to be intentional, notify the Commissioner of U.S. Customs and Border Protection who shall take appropriate action under paragraph (2), and
(E)
notify the petitioner, interested parties who are or were parties to the investigation, and the Commission of its action under this paragraph.
(2)
Intentional violation to be punished by civil penalty
([June 17, 1930, ch. 497], title VII, § 704, as added [Pub. L. 96–39, title I, § 101], July 26, 1979, [93 Stat. 154]; amended [Pub. L. 98–573, title VI], §§ 604(a), 612(b)(2), Oct. 30, 1984, [98 Stat. 3025], 3034; [Pub. L. 99–514, title XVIII, § 1886(a)(4)], Oct. 22, 1986, [100 Stat. 2921]; [Pub. L. 100–418, title I, § 1326(d)(2)], Aug. 23, 1988, [102 Stat. 1204]; [Pub. L. 103–465, title II], §§ 216(a), 217(a), 218(a)(1), 233(a)(5)(D)–(M), 264(c)(3)–(6), 270(a)(1)(E), (2)(A), (c)(1), Dec. 8, 1994, [108 Stat. 4853], 4854, 4899, 4914, 4917; [Pub. L. 114–125, title VIII, § 802(d)(2)], Feb. 24, 2016, [130 Stat. 210].)