§ 1671. — Countervailing duties imposed.
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From the U.S. Code Online via GPO Access
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC1671]
TITLE 19--CUSTOMS DUTIES
CHAPTER 4--TARIFF ACT OF 1930
SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
Part I--Imposition of Countervailing Duties
Sec. 1671. Countervailing duties imposed
(a) General rule
If--
(1) the administering authority determines that the government
of a country or any public entity within the territory of a country
is providing, directly or indirectly, a countervailable subsidy with
respect to the manufacture, production, or export of a class or kind
of merchandise imported, or sold (or likely to be sold) for
importation, into the United States, and
(2) in the case of merchandise imported from a Subsidies
Agreement country, the Commission determines that--
(A) an industry in the United States--
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is
materially retarded,
by reason of imports of that merchandise or by reason of sales (or
the likelihood of sales) of that merchandise for importation,
then there shall be imposed upon such merchandise a countervailing duty,
in addition to any other duty imposed, equal to the amount of the net
countervailable subsidy. For purposes of this subsection and section
1671d(b)(1) of this title, a reference to the sale of merchandise
includes the entering into of any leasing arrangement regarding the
merchandise that is equivalent to the sale of the merchandise.
(b) Subsidies Agreement country
For purposes of this subtitle, the term ``Subsidies Agreement
country'' means--
(1) a WTO member country,
(2) a country which the President has determined has assumed
obligations with respect to the United States which are
substantially equivalent to the obligations under the Subsidies
Agreement, or
(3) a country with respect to which the President determines
that--
(A) there is an agreement in effect between the United
States and that country which--
(i) was in force on December 8, 1994, and
(ii) requires unconditional most-favored-nation
treatment with respect to articles imported into the United
States, and
(B) the agreement described in subparagraph (A) does not
expressly permit--
(i) actions required or permitted by the GATT 1947 or
GATT 1994, as defined in section 3501(1) of this title, or
required by the Congress, or
(ii) nondiscriminatory prohibitions or restrictions on
importation which are designed to prevent deceptive or
unfair practices.
(c) Countervailing duty investigations involving imports not entitled to
a material injury determination
In the case of any article or merchandise imported from a country
which is not a Subsidies Agreement country--
(1) no determination by the Commission under section 1671b(a),
1671c, or 1671d(b) of this title shall be required,
(2) an investigation may not be suspended under section 1671c(c)
or 1671c(l) of this title,
(3) no determination as to the presence of critical
circumstances shall be made under section 1671b(e) or 1671d(a)(2) of
this title,
(4) section 1671e(c) of this title shall not apply,
(5) any reference to a determination described in paragraph (1)
or (3), or to the suspension of an investigation under section
1671c(c) or 1671c(l) of this title, shall be disregarded, and
(6) section 1675(c) of this title shall not apply.
(d) Treatment of international consortia
For purposes of this part, if the members (or other participating
entities) of an international consortium that is engaged in the
production of subject merchandise receive countervailable subsidies from
their respective home countries to assist, permit, or otherwise enable
their participation in that consortium through production or
manufacturing operations in their respective home countries, then the
administering authority shall cumulate all such countervailable
subsidies, as well as countervailable subsidies provided directly to the
international consortium, in determining any countervailing duty upon
such merchandise.
(e) Upstream subsidies
Whenever the administering authority has reasonable grounds to
believe or suspect that an upstream subsidy, as defined in section 1677-
1(a)(1) \1\ of this title, is being paid or bestowed, the administering
authority shall investigate whether an upstream subsidy has in fact been
paid or bestowed, and if so, shall include the amount of the upstream
subsidy as provided in section 1677-1(a)(3) \2\ of this title.
---------------------------------------------------------------------------
\1\ So in original. Probably should be section ``1677-1(a)''.
\2\ So in original. Probably should be section ``1677-1(c)''.
---------------------------------------------------------------------------
(June 17, 1930, ch. 497, title VII, Sec. 701, as added Pub. L. 96-39,
title I, Sec. 101, July 26, 1979, 93 Stat. 151; amended Pub. L. 98-573,
title VI, Secs. 602(a)(1), 613(b), Oct. 30, 1984, 98 Stat. 3024, 3035;
Pub. L. 99-514, title XVIII, Sec. 1886(a)(1), Oct. 22, 1986, 100 Stat.
2921; Pub. L. 100-418, title I, Secs. 1314, 1315, Aug. 23, 1988, 102
Stat. 1185; Pub. L. 100-647, title IX, Sec. 9001(a)(9), Nov. 10, 1988,
102 Stat. 3807; Pub. L. 103-465, title II, Secs. 233(a)(5)(A),
261(d)(1)(B)(iii), 262, 270(b)(1)(A), Dec. 8, 1994, 108 Stat. 4899,
4910, 4917.)
Amendments
1994--Subsecs. (a) to (c). Pub. L. 103-465, Sec. 262, amended
subsecs. (a) to (c) generally, substituting present provisions for
provisions which generally authorized the imposition of countervailing
duties, defined ``country under the Agreement'', and provided for
revocation of status as country under the Agreement.
Subsec. (d). Pub. L. 103-465, Sec. 270(b)(1)(A), substituted
``countervailable subsidies'' for ``subsidies'' wherever appearing.
Pub. L. 103-465, Sec. 233(a)(5)(A), substituted ``subject
merchandise'' for ``a class or kind of merchandise subject to a
countervailing duty investigation''.
Subsec. (f). Pub. L. 103-465, Sec. 261(d)(1)(B)(iii), struck out
subsec. (f) which provided for cross reference to section 1303 of this
title for provisions of law applicable in the case of merchandise which
was product of country other than country under the Agreement.
1988--Subsec. (c). Pub. L. 100-418, Sec. 1314(2), added subsec. (c).
Former subsec. (c) relating to upstream subsidies redesignated (d).
Subsec. (d). Pub. L. 100-647 redesignated subsec. (d), relating to
cross reference, as (f).
Pub. L. 100-418, Sec. 1315(2), added subsec. (d) relating to
treatment of international consortia. Former subsec. (d), relating to
upstream subsidies, redesignated (e).
Pub. L. 100-418, Sec. 1314(1), redesignated subsec. (c), relating to
upstream subsidies, as (d).
Subsec. (e). Pub. L. 100-418, Sec. 1315(1), redesignated subsec.
(d), relating to upstream subsidies, as (e).
Subsec. (f). Pub. L. 100-647 redesignated subsec (d), relating to
cross reference, as (f).
1986--Subsecs. (c), (d), (g). Pub. L. 99-514 redesignated subsecs.
(g) and (c) as (c) and (d), respectively.
1984--Subsec. (a). Pub. L. 98-573, Sec. 602(a)(1)(C), inserted last
sentence which provided that for purposes of this subsection and section
1671d(b)(1) of this title, a reference to the sale of merchandise
includes the entering into of any leasing arrangement regarding the
merchandise that is equivalent to the sale of the merchandise.
Subsec. (a)(1). Pub. L. 98-573, Sec. 602(a)(1)(A), inserted ``, or
sold (or likely to be sold) for importation,'' in provisions following
subpar. (B).
Subsec. (a)(2). Pub. L. 98-573, Sec. 602(a)(1)(B), inserted ``or by
reason of sales (or the likelihood of sales) of that merchandise for
importation'' in provisions following subpar. (B).
Subsec. (g). Pub. L. 98-573, Sec. 613(b), added subsec. (g).
Effective Date of 1994 Amendment
Amendment by section 261(d)(1)(B)(iii) of Pub. L. 103-465 effective
on the effective date of title II of Pub. L. 103-465, Jan. 1, 1995, see
section 261(d)(2) of Pub. L. 103-465, set out as a note under section
1315 of this title.
Section 291 of title II of Pub. L. 103-465 provided that:
``(a) In General.--Except as provided in section 261 [amending this
section and sections 1315, 1337, 1677i, 2192, and 2194 of this title,
repealing section 1303 of this title, enacting provisions set out as
notes under sections 1303 and 1315 of this title, and amending
provisions set out as a note under section 1303 of this title], the
amendments made by this title [see Tables for classification] shall take
effect on the date described in subsection (b) and apply with respect
to--
``(1) investigations initiated--
``(A) on the basis of petitions filed under section 702(b),
732(b), or 783(b) of the Tariff Act of 1930 [19 U.S.C. 1671a(b),
1673a(b), or 1677n(b)] after the date described in subsection
(b), or
``(B) by the administering authority under section 702(a) or
732(a) of such Act after such date,
``(2) reviews initiated under section 751 of such Act [19 U.S.C.
1675]--
``(A) by the administering authority or the Commission on
their own initiative after such date, or
``(B) pursuant to a request filed after such date,
``(3) investigations initiated under section 753 of such Act [19
U.S.C. 1675b] after such date,
``(4) petitions filed under section 780 of such Act [19 U.S.C.
1677i] after such date, and
``(5) inquiries initiated under section 781 of such Act [19
U.S.C. 1677j]--
``(A) by the administering authority on its own initiative
after such date, or
``(B) pursuant to a request filed after such date.
``(b) Date Described.--The date described in this subsection is the
date on which the WTO Agreement (as defined in section 2(9) [19 U.S.C.
3501(9)]) enters into force with respect to the United States [Jan. 1,
1995].''
Effective Date of 1988 Amendments
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647, set out
as an Effective and Termination Dates of 1988 Amendments note under
section 58c of this title.
Section 1337 of Pub. L. 100-418, as amended by Pub. L. 100-647,
title IX, Sec. 9001(a)(6), Nov. 10, 1988, 102 Stat. 3807, provided that:
``(a) In General.--Except as otherwise provided in this section, the
amendments made by this part [part 2 (Secs. 1311-1337) of subtitle C of
title I of Pub. L. 100-418, enacting sections 1673h, 1677-2, 1677i to
1677k of this title, amending this section and sections 1516, 1671a to
1671d, 1673a to 1673e, 1675, 1677, 1677b, 1677e, 1677f, and 1677h of
this section, and amending provisions set out as a note under section
2253 of this title] shall take effect on the date of enactment of this
Act [Aug. 23, 1988].
``(b) Investigations and Reviews After Enactment.--The amendments
made by sections 1312, 1315, 1316, 1318, 1325, 1326, 1327, 1328, 1329,
1331, and 1332 [amending this section and sections 1516, 1671a to 1671c,
1673a to 1673c, 1673e, 1677, 1677b, 1677e, and 1677f of this title]
shall only apply with respect to--
``(1) investigations initiated after the date of enactment of
this Act [Aug. 23, 1988], and
``(2) reviews initiated under section 736(c) or 751 of the
Tariff Act of 1930 [19 U.S.C. 1673e(c) or 1675] after the date of
enactment of this Act [Aug. 23, 1988].
``(c) Investigations After Enactment.--The amendments made by
sections 1324 and 1330 [amending sections 1671a, 1671b, 1671d, 1673a,
1673b, 1673d, and 1677 of this title] shall only apply with respect to
investigations initiated after the date of enactment of this Act [Aug.
23, 1988].
``(d) Prevention of Circumvention of Duties; Drawback.--The
provisions of section 781 of the Tariff Act of 1930, as added by section
1321(a) [19 U.S.C. 1677j], and the amendments made by section 1334
[amending section 1677h of this title] shall apply with respect to
articles entered, or withdrawn from warehouse for consumption, on or
after the date of enactment of this Act [Aug. 23, 1988].
``(e) Governmental Importations; Steel.--The amendments made by
sections 1322 [amending provisions set out as a note under section 2253
of this title] and 1335 [amending section 1677 of this title] shall
apply with respect to entries, and withdrawals from warehouse for
consumption, that are liquidated on or after the date of enactment of
this Act [Aug. 23, 1988].
``(f) Fictitious Markets.--The amendment made by section 1319
[amending section 1677b of this title] shall only apply with respect
to--
``(1) reviews initiated under section 736(c) or 751 of the
Tariff Act of 1930 [19 U.S.C. 1673e(c) or 1675] after the date of
enactment of this Act [Aug. 23, 1988], and
``(2) reviews initiated under such sections--
``(A) which are pending on the date of enactment of this
Act, and
``(B) in which a request for revocation is pending on the
date of enactment of this Act.''
Effective Date of 1984 Amendment
Section 626 of title VI of Pub. L. 98-573, as amended by Pub. L. 99-
514, title XVIII, Sec. 1886(b), Oct. 22, 1986, 100 Stat. 2922, provided
that:
``(a) Except as provided in subsections (b) and (c), this Act
[probably should be ``this title''], and the amendments made by it
[enacting sections 1671h, 1677-1, and 1677h of this title, amending this
section and sections 1671b to 1671e, 1673c, 1673d, 1677a to 1677f, and
1677g of this title, and repealing sections 1673h and 1673i of this
title], shall take effect on the date of the enactment of this Act [Oct.
30, 1984].
``(b)(1) The amendments made by sections 602, 609, 611, 612, and 620
[enacting sections 1676, 1676a, and 1677f-1 of this title and amending
this section and sections 1514, 1671c, 1671d, 1673, 1673a, 1673c, 1673d,
1675, 1677, and 1677b of this title, section 2631 of Title 28, Judiciary
and Judicial Procedure, and provisions set out as a note under this
section] shall apply with respect to investigations initiated by
petition or by the administering authority under subtitles A and B of
title VII of the Tariff Act of 1930 [parts I and II of this subtitle],
and to reviews begun under section 751 of that Act [section 1675 of this
title], on or after such effective date.
``(2) The amendments made by section 623 [amending section 1516a of
this title and sections 2636 and 2647 of Title 28] shall apply with
respect to civil actions pending on, or filed on or after, the date of
the enactment of this Act [Oct. 30, 1984].
``(3) The administering authority may delay implementation of any of
the amendments referred to in subsections (a) and (b)(1) with respect to
any investigation in progress on the date of enactment of this Act [Oct.
30, 1984] if the administering authority determines that immediate
implementation would prevent compliance with a statutory deadline in
title VII of the Tariff Act of 1930 [this subtitle] that is applicable
to that investigation.
``(4) The amendment made by section 621 [amending section 1677g of
this title] shall apply with respect to merchandise that is unliquidated
on or after November 4, 1984.
``(c)(1) No provision of title VII of the Tariff Act of 1930 [this
subtitle] shall be interpreted to prevent the refiling of a petition
under section 702 or 732 of that title [sections 1671a and 1673a of this
title] that was filed before the date of the enactment of this title, if
the purpose of such refiling is to avail the petitioner of the amendment
made by section 612(a)(1) [amending section 1677(4)(A) of this title].
``(2) The amendment made by section 612(a)(1) shall not apply with
respect to petitions filed (or refiled under paragraph (1)) under
section 702 or 732 of the Tariff Act of 1930 after September 30, 1986.''
Effective Date
Section 107 of title I of Pub. L. 96-39 provided that: ``Except as
otherwise provided in this title, this title and the amendments made by
it [enacting this subtitle, amending sections 1303, 1337, 2033, and 2251
of this title, repealing sections 160 to 171 of this title, and enacting
provisions set out as notes under this section and sections 160 and 1303
of this title] shall take effect on January 1, 1980, if--
``(1) the Agreement on Interpretation and Application of
Articles VI, XVI, and XXIII of the General Agreement on Tariffs and
Trade (relating to subsidies and countervailing measures), and
``(2) the Agreement on Implementation of Article VI of the
General Agreement on Tariffs and Trade (relating to antidumping
measures),
approved by the Congress under section 2(a) of this Act [section 2503(a)
of this title] have entered into force with respect to the United States
as of that date.''
[These agreements entered into force with respect to the United
States on Dec. 17, 1979.]
Delegation of Functions
Functions of President under subsec. (b) of this section delegated
to United States Trade Representative, see section 1-103(b) of Ex. Ord.
No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section
2171 of this title.
Plan Amendments Not Required Until January 1, 1989
For provisions directing that if any amendments made by subtitle A
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII
[Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to any plan,
such plan amendment shall not be required to be made before the first
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub.
L. 99-514, as amended, set out as a note under section 401 of Title 26,
Internal Revenue Code.
Investigations Pending on January 1, 1980
Section 102 of Pub. L. 96-39 provided that:
``(a) Pending Investigations of Bounties or Grants.--If, on the
effective date of the application of title VII of the Tariff Act of 1930
[see Effective Date note set out above] to imports from a country, there
is an investigation in progress under section 303 of that Act [section
1303 of this title] as to whether a bounty or grant is being paid or
bestowed on imports from such country, then:
``(1) If the Secretary of the Treasury has not yet made a
preliminary determination under section 303 of that Act [section
1303 of this title] as to whether a bounty or grant is being paid or
bestowed, he shall terminate the investigation under section 303
[section 1303 of this title] and the matter previously under
investigation shall be subject to this title [this subtitle] as if
the affirmative determination called for in section 702 of that Act
[section 1671a of this title] were made with respect to that matter
on the effective date of the application of title VII of that Act
[this subtitle] to such country.
``(2) If the Secretary has made a preliminary determination
under such section 303 [section 1303 of this title], but not a final
determination, as to whether a bounty or grant is being paid or
bestowed, he shall terminate the investigation under such section
303 [section 1303 of this title] and the matter previously under
investigation shall be subject to the provisions of title VII of
that Act [this subtitle] as if the preliminary determination under
section 303 [section 1303 of this title] were a preliminary
determination under section 703 of that title [section 1671b of this
title] made on the effective date of the application of that title
[this subtitle] to such country.
``(b) Pending Investigations of Less-Than-Fair-Value Sales.--If, on
the effective date of title VII of the Tariff Act of 1930 [see Effective
Date note set out above], there is an investigation in progress under
the Antidumping Act, 1921 [sections 160 to 171 of this title], as to
whether imports from a country are being, or are likely to be, sold in
the United States or elsewhere at less than fair value, then:
``(1) If the Secretary has not yet made a preliminary
determination under the Antidumping Act, 1921 [sections 160 to 171
of this title], as to the question of less-than-fair-value sales, he
shall terminate the investigation and the United States
International Trade Commission shall terminate any investigation
under section 201(c)(2) of the Antidumping Act, 1921 [section
160(c)(2) of this title], and the matter previously under
investigation shall be subject to the provisions of title VII of the
Tariff Act of 1930 [this subtitle] as if the affirmative
determination called for in section 732 [section 1673a of this
title] were made with respect to such matter on the effective date
of title VII of the Tariff Act of 1930.
``(2) If the Secretary has made under the Antidumping Act, 1921
[sections 160 to 171 of this title], a preliminary determination,
but not a final determination, that imports from such country are
being or are likely to be sold in the United States or elsewhere at
less than fair value, the investigation shall be terminated and the
matter previously under investigation shall be subject to the
provisions of title VII of the Tariff Act of 1930 [this subtitle] as
if the preliminary determination under the Antidumping Act, 1921
[sections 160 to 171 of this title], were a preliminary
determination under section 733 of that title [section 1673b of this
title] made on the effective date of title VII of the Tariff Act of
1930 [see Effective Date note set out above].
``(c) Pending Investigations of Injury.--If, on the effective date
of the application of title VII of the Tariff Act of 1930 [see Effective
Date note set out above] to imports from a country, the United States
International Trade Commission is conducting an investigation under
section 303 of the Tariff Act of 1930 [section 1303 of this title] or
section 201(a) of the Antidumping Act, 1921 [section 160(a) of this
title], as to whether an industry in the United States is being, or is
likely to be injured, or is prevented from being established, it shall
terminate any such investigation and initiate an investigation, under
subtitle A or B of title VII of the Tariff Act of 1930 [part I or II of
this subtitle], which shall be completed within 75 days, and--
``(1) treat any final determination of the Secretary of the
Treasury under section 303 [section 1303 of this title] as a final
determination under section 705(a) of the Tariff Act of 1930
[section 1671d(a) of this title] and consider the net amount of the
bounty or grant estimated or determined under section 303 [section
1303 of this title] as the net subsidy amount under subtitle A of
that title [part I of this subtitle]; and
``(2) treat any final determination of the Secretary of the
Treasury under the Antidumping Act, 1921 [sections 160 to 171 of
this title], as a final determination under section 735(a) of the
Tariff Act of 1930 [section 1673d(a) of this title].''
Transition Rules for Countervailing Duty Orders
Section 104 of Pub. L. 96-39, as amended by Pub. L. 98-573, title
VI, Sec. 611(c), Oct. 30, 1984, 98 Stat. 3033, provided that:
``(a) Waived Countervailing Duty Orders.--
``(1) Notification of commission.--The administering authority
shall notify the United States International Trade Commission by
January 7, 1980, of any countervailing duty order in effect on
January 1, 1980--
``(A)(i) for which the Secretary of the Treasury has waived
the imposition of countervailing duties under section 303(d) of
the Tariff Act of 1930 (19 U.S.C. 1303(d)), and
``(ii) which applies to merchandise other than quota cheese
(as defined in section 701(c)(1) of this Act) [subsec. (c)(1) of
this section], which is a product of a country under the
Agreement,
``(B) published on or after the date of the enactment of
this Act [July 26, 1979], and before January 1, 1980, with
respect to products of a country under the Agreement (as defined
in section 701(b) of the Tariff Act of 1930) [subsec. (b) of
this section], or
``(C) applicable to frozen, boneless beef from the European
Communities under Treasury Decision 76-109,
and shall furnish to the Commission the most current information it
has with respect to the net subsidy benefitting the merchandise
subject to the countervailing duty order.
``(2) Determination by the commission.--Within 180 days after
the date on which it receives the information from the administering
authority under paragraph (1), the Commission shall make a
determination of whether--
``(A) an industry in the United States--
``(i) is materially injured, or
``(ii) is threatened with material injury, or
``(B) the establishment of an industry in the United States
is materially retarded,
by reason of imports of the merchandise subject to the order.
``(3) Effect of determination.--
``(A) Affirmative determination.--Upon being notified by the
Commission of an affirmative determination under paragraph (2),
the administering authority shall terminate the waiver of
imposition of countervailing duties for merchandise subject to
the order, if any. The countervailing duty order under section
303 of the Tariff Act of 1930 [section 1303 of this title] which
applies to that merchandise shall remain in effect until
revoked, in whole or in part, under section 751(d) of such Act
[section 1675(d) of this title].
``(B) Negative determination.--Upon being notified by the
Commission of a negative determination under paragraph (2), the
administering authority shall revoke the countervailing duty
order, and publish notice in the Federal Register of the
revocation.
``(b) Other Countervailing Duty Orders.--
``(1) Review by commission upon request.--In the case of a
countervailing duty order issued under section 303 of the Tariff Act
of 1930 (19 U.S.C. 1303)--
``(A) which is not a countervailing duty order to which
subsection (a) applies,
``(B) which applies to merchandise which is the product of a
country under the Agreement, and
``(C) which is in effect on January 1, 1980, or which is
issued pursuant to court order in an action brought under
section 516(d) of that Act [section 1516(d) of this title]
before that date,
the Commission, upon the request of the government of such a country
or of exporters accounting for a significant proportion of exports
to the United States of merchandise which is covered by the order,
submitted within 3 years after the effective date of title VII of
the Tariff Act of 1930 [see Effective Date note set out above] shall
make a determination under paragraph (2) of this subsection.
``(2) Determination by the commission.--In a case described in
paragraph (1) with respect to which it has received a request for
review, the Commission shall commence an investigation to determine
whether--
``(A) an industry in the United States--
``(i) would be materially injured, or
``(ii) would be threatened with material injury, or
``(B) the establishment of an industry in the United States
would be materially retarded,
by reason of imports of the merchandise covered by the
countervailing duty order if the order were to be revoked. A
negative determination by the Commission under this paragraph shall
not be based, in whole or in part, on any export taxes, duties, or
other charges levied on the export of merchandise to the United
States specifically intended to offset the subsidy received.
``(3) Suspension of liquidation; investigation time limits.--
Whenever the Commission receives a request under paragraph (1), it
shall promptly notify the administering authority and the
administering authority shall suspend liquidation of entries of the
affected merchandise made on or after the date of receipt of the
Commission's notification, or in the case of butter from Australia,
entries of merchandise subject to the assessment of countervailing
duties under Treasury Decision 42937, as amended, and collect
estimated countervailing duties pending the determination of the
Commission. The Commission shall issue its determination in any
investigation under this subsection not later than 3 years after the
date of commencement of such investigation.
``(4) Effect of determination.--
``(A) Affirmative determination.--Upon being notified of an
affirmative determination under paragraph (2) by the Commission,
the administering authority shall liquidate entries of
merchandise the liquidation of which was suspended under
paragraph (3) of this subsection and impose countervailing
duties in the amount of the estimated duties required to be
deposited. The countervailing duty order shall remain in effect
until revoked, in whole or in part, under section 751(c) of the
Tariff Act of 1930 [section 1675(c) of this title].
``(B) Negative determination.--Upon being notified of a
negative determination under paragraph (2) by the Commission,
the administering authority shall revoke the countervailing duty
order then in effect, publish notice thereof in the Federal
Register, and refund, without payment of interest, any estimated
countervailing duties collected during the period of suspension
of liquidation.
``(c) All Outstanding Countervailing Duty Orders.--Subject to the
provisions of subsections (a) and (b), any countervailing duty order
issued under section 303 of the Tariff Act of 1930 [section 1303 of this
title] which is--
``(1) in effect on the effective date of title VII of the Tariff
Act of 1930 [see Effective Date note set out above] (as added by
section 101 of this Act), or
``(2) issued pursuant to court order in a proceeding brought
before that date under section 516(d) of the Tariff Act of 1930
[section 1516(d) of this title],
shall remain in effect after that date and shall be subject to review
under section 751 of the Tariff Act of 1930 [section 1675 of this
title].
``(d) Publication of Notice of Determinations.--Whenever the
Commission makes a determination under subsection (a) or (b), it shall
publish notice of that determination in the Federal Register and notify
the administering authority of its determination.
``(e) Definitions.--Whenever any term which is defined in section
771 of the Tariff Act of 1930 [section 1677 of this title] is used in
this section, it has the same meaning as when it is used in title VII of
that Act [this subtitle].''
Section Referred to in Other Sections
This section is referred to in sections 1315, 1337, 1671a, 1671e,
1675b, 1677 of this title.
