§ 1673e.
(a)
Publication of antidumping duty order
Within 7 days after being notified by the Commission of an affirmative determination under
section 1673d(b) of this title, the administering authority shall publish an antidumping duty order which—
(1)
directs customs officers to assess an antidumping duty equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than—
(A)
12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, or
(B)
in the case of merchandise not sold prior to its importation into the United States, 12 months after the end of the annual accounting period of the manufacturer or exporter within which it is sold in the United States to a person who is not the exporter of that merchandise,
(2)
includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3)
requires the deposit of estimated antidumping duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
(c)
Security in lieu of estimated duty pending early determination of duty
(1)
Conditions for waiver of deposit of estimated duties
The administering authority may permit, for not more than 90 days after the date of publication of an order under subsection (a), the posting of a bond or other security in lieu of the deposit of estimated antidumping duties required under subsection (a)(3) if—
(A)
the investigation has not been designated as extraordinarily complicated by reason of—
(i)
the number and complexity of the transactions to be investigated or adjustments to be considered,
(ii)
the novelty of the issues presented, or
(iii)
the number of firms whose activities must be investigated,
(C)
on the basis of information presented to the administering authority by any manufacturer, producer, or exporter in such form and within such time as the administering authority may require, the administering authority is satisfied that a determination will be made, within 90 days after the date of publication of an order under subsection (a), of the normal value and the export price (or the constructed export price) for all merchandise of such manufacturer, producer, or exporter described in that order which was entered, or withdrawn from warehouse, for consumption on or after the date of publication of—
(D)
the party described in subparagraph (C) provides credible evidence that the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise is significantly less than the amount of such excess specified in the antidumping duty order published under subsection (a); and
(E)
the data concerning the normal value and the export price (or the constructed export price) apply to sales in the usual commercial quantities and in the ordinary course of trade and the number of such sales are sufficient to form an adequate basis for comparison.
(2)
Notice; hearing
If the administering authority permits the posting of a bond or other security in lieu of the deposit of estimated antidumping duties under paragraph (1), it shall—
(A)
publish notice of its action in the Federal Register, and
(B)
upon the request of any interested party, hold a hearing in accordance with
section 1677c of this title before determining the normal value and the export price (or the constructed export price) of the merchandise.
(3)
Determinations to be basis of antidumping duty
(4)
Provision of business proprietary information; written comments
Before determining whether to permit the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties, the administering authority shall—
(A)
make all business proprietary information supplied to the administering authority under paragraph (1) available under a protective order in accordance with
section 1677f(c) of this title to all interested parties described in subparagraph (C), (D), (E), (F), or (G) of
section 1677(9) of this title, and
(B)
afford all interested parties an opportunity to file written comments on whether the posting of bond or other security under paragraph (1) in lieu of the deposit of estimated antidumping duties should be permitted.
([June 17, 1930, ch. 497], title VII, § 736, as added [Pub. L. 96–39, title I, § 101], July 26, 1979, [93 Stat. 172]; amended [Pub. L. 99–514, title XVIII, § 1886(a)(7)], Oct. 22, 1986, [100 Stat. 2922]; [Pub. L. 100–418, title I, § 1325], Aug. 23, 1988, [102 Stat. 1201]; [Pub. L. 103–465, title II], §§ 218(b)(2), 219(c)(9), 233(a)(1)(C), (2)(A)(iii), (5)(W)–(Y), Dec. 8, 1994, [108 Stat. 4855], 4857, 4898, 4900.)