Page:United States Statutes at Large Volume 108 Part 6.djvu/352

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108 STAT. 4920 PUBLIC LAW 103-465—DEC. 8, 1994 " (A) AFFIRMATIVE DETERMINATION. —Upon being notified by the Commission that it has made an affirmative determination under subsection (a)(1)— "(i) the administering authority shall order the termination of the suspension of Hquidation required pursuant to subsection (a)(4), and "(ii) the countervailing duty order shall remain in effect until revoked, in whole or in part, under section 751(d). For purposes of section 751(c), a countervailing duty order described in this section shall be treated as issued on the date of publication of the Commission's determination under this subsection. " (B) NEGATIVE DETERMINATION. —

    • (i) IN GENERAL.— Upon being notified by the

Commission that it has made a negative determination under subsection (a)(1), the administering authority shall revoke the countervailing duty order, and shall refund, with interest, any estimated countervaihng duties collected during the period hquidation was suspended pursuant to siibsection (a)(4).

    • (ii) LIMITATION ON NEGATIVE DETERMINATION. —

A determination by the Commission that revocation of the order is not likely to result in material injury to an industry by reason of imports of the subject merchandise shall not be based, in whole or in part, on any export taxes, duties, or other chaises levied on the export of the subject merchandise to the United States that were specifically intended to offset the countervailable subsidy received. " (4) COUNTERVAILING DUTY ORDERS WITH RESPECT TO WHICH NO REQUEST FOR INJURY INVESTIGATION IS MADE. —If, witll respect to a countervailing duty order described in subsection (a), a request for an investigation is not made within the time required by subsection (a)(3), the Commission shall notify the administering authority that a negative determination has been made under subsection (a) and the provisions of paragraph (3)(B) shall apply with respect to the order. "(c) PENDING AND SUSPENDED COUNTERVAIUNG DUTY INVES- TIGATIONS. — If, on the date on which a country becomes a Subsidies Agreement country, there is a countervailing duty investigation in progress or suspended under section 303 that applies to merchandise which is a product of that country and with respect to which the requirement of an affirmative determination of material injury under section 303(a)(2) was not applicable at the time the investigation was initiated, the Commission shall— "(1) in the case of an investigation in progress, make a final determination under section 705(b) within 75 days after the date of an affirmative final determination, if any, by the administering authority, "(2) in the case of a suspended investigation to which section 704(i)(l)(B) applies, make a final determination under section 705(b) within 120 days after receiving notice fix)m the administering authority of the resumption of the investigation pursuant to section 704(i), or within 45 days after the date of an affirmative final determination, if any, by the administering authority, whichever is later, or