§ 1673b.
(b)
Preliminary determination by administering authority
(1)
Period of antidumping duty investigation
(B)
If certain short life cycle merchandise involved
(i)
by substituting “100 days” for “140 days” if manufacturers that are second offenders account for a significant proportion of the merchandise under investigation, and
(ii)
by substituting “80 days” for “140 days” if manufacturers that are multiple offenders account for a significant proportion of the merchandise under investigation.
(C)
Definitions of offenders
For purposes of subparagraph (B)—
(i)
The term “second offender” means a manufacturer that is specified in 2 affirmative dumping determinations (within the meaning of
section 1673h of this title) as the manufacturer of short life cycle merchandise that is—
(I)
specified in both such determinations, and
(II)
within the scope of the product category referred to in subparagraph (B).
(ii)
The term “multiple offender” means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of
section 1673h of this title) as the manufacturer of short life cycle merchandise that is—
(I)
specified in each of such determinations, and
(II)
within the scope of the product category referred to in subparagraph (B).
(2)
Preliminary determination under waiver of verification
(3)
De minimis dumping margin
(d)
Effect of determination by the administering authority
If the preliminary determination of the administering authority under subsection (b) of this section is affirmative, the administering authority—
(1)
(A)
shall—
(i)
determine an estimated weighted average dumping margin for each exporter and producer individually investigated, and
(ii)
determine, in accordance with
section 1673d(c)(5) of this title, an estimated all-others rate for all exporters and producers not individually investigated, and
(B)
shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated weighted average dumping margin or the estimated all-others rate, whichever is applicable,
(2)
shall order the suspension of liquidation of all entries of merchandise subject to the determination which are entered, or withdrawn from warehouse, for consumption on or after the later of—
(A)
the date on which notice of the determination is published in the Federal Register, or
(B)
the date that is 60 days after the date on which notice of the determination to initiate the investigation is published in the Federal Register, and
(3)
shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its injury determination, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to which confidential treatment has been given by the administering authority.
The instructions of the administering authority under paragraphs (1) and (2) may not remain in effect for more than 4 months, except that the administering authority may, at the request of exporters representing a significant proportion of exports of the subject merchandise, extend that 4-month period to not more than 6 months.
(e)
Critical circumstances determinations
(1)
In general
If a petitioner alleges critical circumstances in its original petition, or by amendment at any time more than 20 days before the date of a final determination by the administering authority, then the administering authority shall promptly (at any time after the initiation of the investigation under this part) determine, on the basis of the information available to it at that time, whether there is a reasonable basis to believe or suspect that—
(A)
(i)
there is a history of dumping and material injury by reason of dumped imports in the United States or elsewhere of the subject merchandise, or
(ii)
the person by whom, or for whose account, the merchandise was imported knew or should have known that the exporter was selling the subject merchandise at less than its fair value and that there was likely to be material injury by reason of such sales, and
(B)
there have been massive imports of the subject merchandise over a relatively short period.
The administering authority shall be treated as having made an affirmative determination under subparagraph (A) in any investigation to which subsection (b)(1)(B) is applied.
(2)
Suspension of liquidation
If the determination of the administering authority under paragraph (1) is affirmative, then any suspension of liquidation ordered under subsection (d)(2) shall apply, or, if notice of such suspension of liquidation is already published, be amended to apply, to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of—
(A)
the date which is 90 days before the date on which the suspension of liquidation was first ordered, or
(B)
the date on which notice of the determination to initiate the investigation is published in the Federal Register.
([June 17, 1930, ch. 497], title VII, § 733, as added [Pub. L. 96–39, title I, § 101], July 26, 1979, [93 Stat. 163]; amended [Pub. L. 99–514, title XVIII, § 1886(a)(2)], Oct. 22, 1986, [100 Stat. 2921]; [Pub. L. 100–418, title I], §§ 1323(b), 1324(b)(2), 1326(d)(1), Aug. 23, 1988, [102 Stat. 1198], 1201, 1204; [Pub. L. 103–465, title II], §§ 212(b)(2)(A), (C)–(E), 213(a), 214(b)(1), 215(b), 219(a), (c)(1), 233(a)(6)(A)(viii)–(x), (B), Dec. 8, 1994, [108 Stat. 4848–4852], 4855, 4857, 4901.)