§ 1675. — Administrative review of determinations.
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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: 19USC1675]
TITLE 19--CUSTOMS DUTIES
CHAPTER 4--TARIFF ACT OF 1930
SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
Part III--Reviews; Other Actions Regarding Agreements
subpart a--review of amount of duty and agreements other than
quantitative restriction agreements
Sec. 1675. Administrative review of determinations
(a) Periodic review of amount of duty
(1) In general
At least once during each 12-month period beginning on the
anniversary of the date of publication of a countervailing duty
order under this subtitle or under section 1303 \1\ of this title,
an antidumping duty order under this subtitle or a finding under the
Antidumping Act, 1921, or a notice of the suspension of an
investigation, the administering authority, if a request for such a
review has been received and after publication of notice of such
review in the Federal Register, shall--
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\1\ See References in Text note below.
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(A) review and determine the amount of any net
countervailable subsidy,
(B) review, and determine (in accordance with paragraph
(2)), the amount of any antidumping duty, and
(C) review the current status of, and compliance with, any
agreement by reason of which an investigation was suspended, and
review the amount of any net countervailable subsidy or dumping
margin involved in the agreement,
and shall publish in the Federal Register the results of such
review, together with notice of any duty to be assessed, estimated
duty to be deposited, or investigation to be resumed.
(2) Determination of antidumping duties
(A) In general
For the purpose of paragraph (1)(B), the administering
authority shall determine--
(i) the normal value and export price (or constructed
export price) of each entry of the subject merchandise, and
(ii) the dumping margin for each such entry.
(B) Determination of antidumping or countervailing duties for
new exporters and producers
(i) In general
If the administering authority receives a request from
an exporter or producer of the subject merchandise
establishing that--
(I) such exporter or producer did not export the
merchandise that was the subject of an antidumping duty
or countervailing duty order to the United States (or,
in the case of a regional industry, did not export the
subject merchandise for sale in the region concerned)
during the period of investigation, and
(II) such exporter or producer is not affiliated
(within the meaning of section 1677(33) of this title)
with any exporter or producer who exported the subject
merchandise to the United States (or in the case of a
regional industry, who exported the subject merchandise
for sale in the region concerned) during that period,
the administering authority shall conduct a review under this
subsection to establish an individual weighted average
dumping margin or an individual countervailing duty rate (as
the case may be) for such exporter or producer.
(ii) Time for review under clause (i)
The administering authority shall commence a review
under clause (i) in the calendar month beginning after--
(I) the end of the 6-month period beginning on the
date of the countervailing duty or antidumping duty
order under review, or
(II) the end of any 6-month period occurring
thereafter,
if the request for the review is made during that 6-month
period.
(iii) Posting bond or security
The administering authority shall, at the time a review
under this subparagraph is initiated, direct the Customs
Service to allow, at the option of the importer, the
posting, until the completion of the review, of a bond or
security in lieu of a cash deposit for each entry of the
subject merchandise.
(iv) Time limits
The administering authority shall make a preliminary
determination in a review conducted under this subparagraph
within 180 days after the date on which the review is
initiated, and a final determination within 90 days after
the date the preliminary determination is issued, except
that if the administering authority concludes that the case
is extraordinarily complicated, it may extend the 180-day
period to 300 days and may extend the 90-day period to 150
days.
(C) Results of determinations
The determination under this paragraph shall be the basis
for the assessment of countervailing or antidumping duties on
entries of merchandise covered by the determination and for
deposits of estimated duties.
(3) Time limits
(A) Preliminary and final determinations
The administering authority shall make a preliminary
determination under subparagraph (A), (B), or (C) of paragraph
(1) within 245 days after the last day of the month in which
occurs the anniversary of the date of publication of the order,
finding, or suspension agreement for which the review under
paragraph (1) is requested, and a final determination under
paragraph (1) within 120 days after the date on which the
preliminary determination is published. If it is not practicable
to complete the review within the foregoing time, the
administering authority may extend that 245-day period to 365
days and may extend that 120-day period to 180 days. The
administering authority may extend the time for making a final
determination without extending the time for making a
preliminary determination, if such final determination is made
not later than 300 days after the date on which the preliminary
determination is published.
(B) Liquidation of entries
If the administering authority orders any liquidation of
entries pursuant to a review under paragraph (1), such
liquidation shall be made promptly and, to the greatest extent
practicable, within 90 days after the instructions to Customs
are issued. In any case in which liquidation has not occurred
within that 90-day period, the Secretary of the Treasury shall,
upon the request of the affected party, provide an explanation
thereof.
(C) Effect of pending review under section 1516a
In a case in which a final determination under paragraph (1)
is under review under section 1516a of this title and a
liquidation of entries covered by the determination is enjoined
under section 1516a(c)(2) of this title or suspended under
section 1516a(g)(5)(C) of this title, the administering
authority shall, within 10 days after the final disposition of
the review under section 1516a of this title, transmit to the
Federal Register for publication the final disposition and issue
instructions to the Customs Service with respect to the
liquidation of entries pursuant to the review. In such a case,
the 90-day period referred to in subparagraph (B) shall begin on
the day on which the administering authority issues such
instructions.
(4) Absorption of antidumping duties
During any review under this subsection initiated 2 years or 4
years after the publication of an antidumping duty order under
section 1673e(a) of this title, the administering authority, if
requested, shall determine whether antidumping duties have been
absorbed by a foreign producer or exporter subject to the order if
the subject merchandise is sold in the United States through an
importer who is affiliated with such foreign producer or exporter.
The administering authority shall notify the Commission of its
findings regarding such duty absorption for the Commission to
consider in conducting a review under subsection (c) of this
section.
(b) Reviews based on changed circumstances
(1) In general
Whenever the administering authority or the Commission receives
information concerning, or a request from an interested party for a
review of--
(A) a final affirmative determination that resulted in an
antidumping duty order under this subtitle or a finding under
the Antidumping Act, 1921, or in a countervailing duty order
under this subtitle or section 1303 \1\ of this title,
(B) a suspension agreement accepted under section 1671c or
1673c of this title, or
(C) a final affirmative determination resulting from an
investigation continued pursuant to section 1671c(g) or 1673c(g)
of this title,
which shows changed circumstances sufficient to warrant a review of
such determination or agreement, the administering authority or the
Commission (as the case may be) shall conduct a review of the
determination or agreement after publishing notice of the review in
the Federal Register.
(2) Commission review
In conducting a review under this subsection, the Commission
shall--
(A) in the case of a countervailing duty order or
antidumping duty order or finding, determine whether revocation
of the order or finding is likely to lead to continuation or
recurrence of material injury,
(B) in the case of a determination made pursuant to section
1671c(h)(2) or 1673c(h)(2) of this title, determine whether the
suspension agreement continues to eliminate completely the
injurious effects of imports of the subject merchandise, and
(C) in the case of an affirmative determination resulting
from an investigation continued under section 1671c(g) or
1673c(g) of this title, determine whether termination of the
suspended investigation is likely to lead to continuation or
recurrence of material injury.
(3) Burden of persuasion
During a review conducted by the Commission under this
subsection--
(A) the party seeking revocation of an order or finding
described in paragraph (1)(A) shall have the burden of
persuasion with respect to whether there are changed
circumstances sufficient to warrant such revocation, and
(B) the party seeking termination of a suspended
investigation or a suspension agreement shall have the burden of
persuasion with respect to whether there are changed
circumstances sufficient to warrant such termination.
(4) Limitation on period for review
In the absence of good cause shown--
(A) the Commission may not review a determination made under
section 1671d(b) or 1673d(b) of this title, or an investigation
suspended under section 1671c or 1673c of this title, and
(B) the administering authority may not review a
determination made under section 1671d(a) or 1673d(a) of this
title, or an investigation suspended under section 1671c or
1673c of this title,
less than 24 months after the date of publication of notice of that
determination or suspension.
(c) Five-year review
(1) In general
Notwithstanding subsection (b) of this section and except in the
case of a transition order defined in paragraph (6), 5 years after
the date of publication of--
(A) a countervailing duty order (other than a countervailing
duty order to which subparagraph (B) applies or which was issued
without an affirmative determination of injury by the Commission
under section 1303 \1\ of this title), an antidumping duty
order, or a notice of suspension of an investigation, described
in subsection (a)(1) of this section,
(B) a notice of injury determination under section 1675b of
this title with respect to a countervailing duty order, or
(C) a determination under this section to continue an order
or suspension agreement,
the administering authority and the Commission shall conduct a
review to determine, in accordance with section 1675a of this title,
whether revocation of the countervailing or antidumping duty order
or termination of the investigation suspended under section 1671c or
1673c of this title would be likely to lead to continuation or
recurrence of dumping or a countervailable subsidy (as the case may
be) and of material injury.
(2) Notice of initiation of review
Not later than 30 days before the fifth anniversary of the date
described in paragraph (1), the administering authority shall
publish in the Federal Register a notice of initiation of a review
under this subsection and request that interested parties submit--
(A) a statement expressing their willingness to participate
in the review by providing information requested by the
administering authority and the Commission,
(B) a statement regarding the likely effects of revocation
of the order or termination of the suspended investigation, and
(C) such other information or industry data as the
administering authority or the Commission may specify.
(3) Responses to notice of initiation
(A) No response
If no interested party responds to the notice of initiation
under this subsection, the administering authority shall issue a
final determination, within 90 days after the initiation of a
review, revoking the order or terminating the suspended
investigation to which such notice relates. For purposes of this
paragraph, an interested party means a party described in
section 1677(9)(C), (D), (E), (F), or (G) of this title.
(B) Inadequate response
If interested parties provide inadequate responses to a
notice of initiation, the administering authority, within 120
days after the initiation of the review, or the Commission,
within 150 days after such initiation, may issue, without
further investigation, a final determination based on the facts
available, in accordance with section 1677e of this title.
(4) Waiver of participation by certain interested parties
(A) In general
An interested party described in section 1677(9)(A) or (B)
of this title may elect not to participate in a review conducted
by the administering authority under this subsection and to
participate only in the review conducted by the Commission under
this subsection.
(B) Effect of waiver
In a review in which an interested party waives its
participation pursuant to this paragraph, the administering
authority shall conclude that revocation of the order or
termination of the investigation would be likely to lead to
continuation or recurrence of dumping or a countervailable
subsidy (as the case may be) with respect to that interested
party.
(5) Conduct of review
(A) Time limits for completion of review
Unless the review has been completed pursuant to paragraph
(3) or paragraph (4) applies, the administering authority shall
make its final determination pursuant to section 1675a(b) or (c)
of this title within 240 days after the date on which a review
is initiated under this subsection. If the administering
authority makes a final affirmative determination, the
Commission shall make its final determination pursuant to
section 1675a(a) of this title within 360 days after the date on
which a review is initiated under this subsection.
(B) Extension of time limit
The administering authority or the Commission (as the case
may be) may extend the period of time for making their
respective determinations under this subsection by not more than
90 days, if the administering authority or the Commission (as
the case may be) determines that the review is extraordinarily
complicated. In a review in which the administering authority
extends the time for making a final determination, but the
Commission does not extend the time for making a determination,
the Commission's determination shall be made not later than 120
days after the date on which the final determination of the
administering authority is published.
(C) Extraordinarily complicated
For purposes of this subsection, the administering authority
or the Commission (as the case may be) may treat a review as
extraordinarily complicated if--
(i) there is a large number of issues,
(ii) the issues to be considered are complex,
(iii) there is a large number of firms involved,
(iv) the orders or suspended investigations have been
grouped as described in subparagraph (D), or
(v) it is a review of a transition order.
(D) Grouped reviews
The Commission, in consultation with the administering
authority, may group orders or suspended investigations for
review if it considers that such grouping is appropriate and
will promote administrative efficiency. Where orders or
suspended investigations have been grouped, the Commission
shall, subject to subparagraph (B), make its final determination
under this subsection not later than 120 days after the date
that the administering authority publishes notice of its final
determination with respect to the last order or agreement in the
group.
(6) Special transition rules
(A) Schedule for reviews of transition orders
(i) Initiation
The administering authority shall begin its review of
transition orders in the 42d calendar month after the date
such orders are issued. A review of all transition orders
shall be initiated not later than the 5th anniversary after
the date such orders are issued.
(ii) Completion
A review of a transition order shall be completed not
later than 18 months after the date such review is
initiated. Reviews of all transition orders shall be
completed not later than 18 months after the 5th anniversary
of the date such orders are issued.
(iii) Subsequent reviews
The time limits set forth in clauses (i) and (ii) shall
be applied to all subsequent 5-year reviews of transition
orders by substituting ``date of the determination to
continue such orders'' for ``date such orders are issued''.
(iv) Revocation and termination
No transition order may be revoked under this subsection
before the date that is 5 years after the date the WTO
Agreement enters into force with respect to the United
States.
(B) Sequence of transition reviews
The administering authority, in consultation with the
Commission, shall determine such sequence of review of
transition orders as it deems appropriate to promote
administrative efficiency. To the extent practicable, older
orders shall be reviewed first.
(C) ``Transition order'' defined
For purposes of this section, the term ``transition order''
means--
(i) a countervailing duty order under this subtitle or
under section 1303 \2\ of this title,
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\2\ See References in Text note below.
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(ii) an antidumping duty order under this subtitle or a
finding under the Antidumping Act, 1921, or
(iii) a suspension of an investigation under section
1671c or 1673c of this title,
which is in effect on the date the WTO Agreement enters into
force with respect to the United States.
(D) Issue date for transition orders
For purposes of this subsection, a transition order shall be
treated as issued on the date the WTO Agreement enters into
force with respect to the United States, if such order is based
on an investigation conducted by both the administering
authority and the Commission.
(7) Exclusions from computations
(A) In general
Subject to subparagraph (B), there shall be excluded from
the computation of the 5-year period described in paragraph (1)
and the periods described in paragraph (6) any period during
which the importation of the subject merchandise is prohibited
on account of the imposition, under the International Emergency
Economic Powers Act [50 U.S.C. 1701 et seq.] or other provision
of law, of sanctions by the United States against the country in
which the subject merchandise originates.
(B) Application of exclusion
Subparagraph (A) shall apply only with respect to subject
merchandise which originates in a country that is not a WTO
member.
(d) Revocation of order or finding; termination of suspended
investigation
(1) In general
The administering authority may revoke, in whole or in part, a
countervailing duty order or an antidumping duty order or finding,
or terminate a suspended investigation, after review under
subsection (a) or (b) of this section. The administering authority
shall not revoke, in whole or in part, a countervailing duty order
or terminate a suspended investigation on the basis of any export
taxes, duties, or other charges levied on the export of the subject
merchandise to the United States which are specifically intended to
offset the countervailable subsidy received.
(2) Five-year reviews
In the case of a review conducted under subsection (c) of this
section, the administering authority shall revoke a countervailing
duty order or an antidumping duty order or finding, or terminate a
suspended investigation, unless--
(A) the administering authority makes a determination that
dumping or a countervailable subsidy, as the case may be, would
be likely to continue or recur, and
(B) the Commission makes a determination that material
injury would be likely to continue or recur as described in
section 1675a(a) of this title.
(3) Application of revocation or termination
A determination under this section to revoke an order or finding
or terminate a suspended investigation shall apply with respect to
unliquidated entries of the subject merchandise which are entered,
or withdrawn from warehouse, for consumption on or after the date
determined by the administering authority.
(e) Hearings
Whenever the administering authority or the Commission conducts a
review under this section, it shall, upon the request of an interested
party, hold a hearing in accordance with section 1677c(b) of this title
in connection with that review.
(f) Determination that basis for suspension no longer exists
If the determination of the Commission under subsection (b)(2)(B) of
this section is negative, the suspension agreement shall be treated as
not accepted, beginning on the date of publication of the Commission's
determination, and the administering authority and the Commission shall
proceed, under section 1671c(i) or 1673c(i) of this title, as if the
suspension agreement had been violated on that date, except that no duty
under any order subsequently issued shall be assessed on merchandise
entered, or withdrawn from warehouse, for consumption before that date.
(g) Reviews to implement results of subsidies enforcement proceeding
(1) Violations of article 8 of the subsidies agreement
If--
(A) the administering authority receives notice from the
Trade Representative of a violation of Article 8 of the
Subsidies Agreement,
(B) the administering authority has reason to believe that
merchandise subject to an existing countervailing duty order or
suspended investigation is benefiting from the subsidy or
subsidy program found to have been in violation of Article 8 of
the Subsidies Agreement, and
(C) no review pursuant to subsection (a)(1) of this section
is in progress,
the administering authority shall conduct a review of the order or
suspended investigation to determine whether the subject merchandise
benefits from the subsidy or subsidy program found to have been in
violation of Article 8 of the Subsidies Agreement. If the
administering authority determines that the subject merchandise is
benefiting from the subsidy or subsidy program, it shall make
appropriate adjustments in the estimated duty to be deposited or
appropriate revisions to the terms of the suspension agreement.
(2) Withdrawal of subsidy or imposition of countermeasures
If the Trade Representative notifies the administering authority
that, pursuant to Article 4 or Article 7 of the Subsidies
Agreement--
(A)(i) the United States has imposed countermeasures, and
(ii) such countermeasures are based on the effects in the
United States of imports of merchandise that is the subject of a
countervailing duty order, or
(B) a WTO member country has withdrawn a countervailable
subsidy provided with respect to merchandise subject to a
countervailing duty order,
the administering authority shall conduct a review to determine if
the amount of the estimated duty to be deposited should be adjusted
or the order should be revoked.
(3) Expedited review
The administering authority shall conduct reviews under this
subsection on an expedited basis, and shall publish the results of
such reviews in the Federal Register.
(h) Correction of ministerial errors
The administering authority shall establish procedures for the
correction of ministerial errors in final determinations within a
reasonable time after the determinations are issued under this section.
Such procedures shall ensure opportunity for interested parties to
present their views regarding any such errors. As used in this
subsection, the term ``ministerial error'' includes errors in addition,
subtraction, or other arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the like, and any other type of
unintentional error which the administering authority considers
ministerial.
(June 17, 1930, ch. 497, title VII, Sec. 751, as added Pub. L. 96-39,
title I, Sec. 101, July 26, 1979, 93 Stat. 175; amended Pub. L. 98-573,
title VI, Sec. 611(a)(2), (3), Oct. 30, 1984, 98 Stat. 3031; Pub. L. 99-
514, title XVIII, Sec. 1886(a)(8), Oct. 22, 1986, 100 Stat. 2922; Pub.
L. 100-418, title I, Sec. 1333(b), Aug. 23, 1988, 102 Stat. 1209; Pub.
L. 103-465, title II, Secs. 220(a), 283(c), Dec. 8, 1994, 108 Stat.
4857, 4930; Pub. L. 106-36, title II, Sec. 2410, June 25, 1999, 113
Stat. 171.)
References in Text
Section 1303 of this title, referred to in subsecs. (a)(1),
(b)(1)(A), and (c)(1)(A), (6)(C)(i), is defined in section 1677(26) of
this title to mean section 1330 as in effect on the day before Jan. 1,
1995.
The Antidumping Act, 1921, referred to in subsecs. (a)(1),
(b)(1)(A), and (c)(6)(C)(ii), is act May 27, 1921, ch. 14, title II, 42
Stat. 11, as amended, which was classified generally to sections 160 to
171 of this title, and was repealed by Pub. L. 96-39, title I,
Sec. 106(a), July 26, 1979, 93 Stat. 193.
The International Emergency Economic Powers Act, referred to in
subsec. (c)(7)(A), is title II of Pub. L. 95-223, Dec. 28, 1977, 91
Stat. 1626, as amended, which is classified generally to chapter 35
(Sec. 1701 et seq.) of Title 50, War and National Defense. For complete
classification of this Act to the Code, see Short Title note set out
under section 1701 of Title 50 and Tables.
Amendments
1999--Subsec. (c)(7). Pub. L. 106-36 added par. (7).
1994--Pub. L. 103-465, Sec. 283(c), added subsec. (g) and
redesignated former subsec. (g) as (h).
Pub. L. 103-465, Sec. 220(a), amended section generally,
substituting present provisions for provisions relating to
administrative review of determinations, which provided for periodic
review of amount of duty in subsec. (a), review upon information or
request in subsec. (b), revocation of countervailing duty order or
antidumping duty order in subsec. (c), hearings in subsec. (d),
determination that basis for suspension no longer existed in subsec.
(e), and correction of ministerial errors in subsec. (f).
1988--Subsec. (f). Pub. L. 100-418 added subsec. (f).
1986--Subsec. (b)(1). Pub. L. 99-514 inserted ``or countervailing
duty'' after ``antidumping'' in two places in last sentence.
1984--Subsec. (a)(1). Pub. L. 98-573, Sec. 611(a)(2)(A), inserted
``if a request for such a review has been received and'' in provisions
preceding subpar. (A).
Subsec. (b)(1). Pub. L. 98-573, Sec. 611(a)(2)(B), substituted
``1671c of this title (other than a quantitative restriction agreement
described in subsection (a)(2) or (c)(3)) or 1673c of this title (other
than a quantitative restriction agreement described in subsection
(a)(2))'' for ``1671c or 1673c of this title'', inserted reference to
section 1676a(a)(1) or 1676a(a)(2) of this title, and inserted provision
that during an investigation by the Commission, the party seeking
revocation of an antidumping order shall have the burden of persuasion
with respect to whether there are changed circumstances sufficient to
warrant revocation of the antidumping order.
Subsec. (c). Pub. L. 98-573, Sec. 611(a)(3), inserted provision that
the administering authority shall not revoke, in whole or in part, a
countervailing duty order or terminate a suspended investigation on the
basis of any export taxes, duties, or other charges levied on the export
of merchandise to the United States specifically intended to offset the
subsidy received.
Effective Date of 1994 Amendment
Amendment by Pub. L. 103-465 effective, except as otherwise
provided, on the date on which the WTO Agreement enters into force with
respect to the United States [Jan. 1, 1995], and applicable with respect
to investigations, reviews, and inquiries initiated and petitions filed
under specified provisions of this chapter after such date, see section
291 of Pub. L. 103-465, set out as a note under section 1671 of this
title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-573 applicable with respect to
investigations initiated by petition or by the administering authority
under parts I and II of this subtitle, and to reviews begun under
section 1675 of this title, on or after Oct. 30, 1984, see section
626(b)(1) of Pub. L. 98-573, as amended, set out as a note under section
1671 of this title.
Effective Date
Part effective Jan. 1, 1980, see section 107 of Pub. L. 96-39, set
out as a note under section 1671 of this title.
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Uruguay Round Agreements: Entry Into Force
The Uruguay Round Agreements, including the World Trade Organization
Agreement and agreements annexed to that Agreement, as referred to in
section 3511(d) of this title, entered into force with respect to the
United States on Jan. 1, 1995. See note set out under section 3511 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.
Section Referred to in Other Sections
This section is referred to in sections 1504, 1516a, 1671, 1671a,
1671b, 1671c, 1671d, 1671e, 1673a, 1673c, 1673e, 1675a, 1675b, 1675c,
1677, 1677b, 1677e, 1677f, 1677f-1, 1677m, 1677n of this title.
