19 U.S.C. § 1673d
Within 75 days after the date of its preliminary determination under section 1673b(b) of this title, the administering authority shall make a final determination of whether the subject merchandise is being, or is likely to be, sold in the United States at less than its fair value.
The administering authority may postpone making the final determination under paragraph (1) until not later than the 135th day after the date on which it published notice of its preliminary determination under section 1673b(b) of this title if a request in writing for such a postponement is made by-
If the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has been alleged under section 1673b(e) of this title, shall also contain a finding of whether-
Such findings may be affirmative even though the preliminary determination under section 1673b(e)(1) of this title was negative.
In making a determination under this subsection, the administering authority shall disregard any weighted average dumping margin that is de minimis as defined in section 1673b(b)(3) of this title.
The Commission shall make a final determination of whether-
by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a)(1). If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated.
If the preliminary determination by the administering authority under section 1673b(b) of this title is affirmative, then the Commission shall make the determination required by paragraph (1) before the later of-
If the preliminary determination by the administering authority under section 1673b(b) of this title is negative, and its final determination under subsection (a) is affirmative, then the final determination by the Commission under this subsection shall be made within 75 days after the date of that affirmative final determination.
If the determination of the administering authority under subsection (a) is affirmative, then-
If the determinations of the administering authority and the Commission under subsections (a)(1) and (b)(1) are affirmative, then the administering authority shall issue an antidumping duty order under section 1673e(a) of this title. If either of such determinations is negative, the investigation shall be terminated upon the publication of notice of that negative determination and the administering authority shall-
If the determination of the administering authority or the Commission under subsection (a)(3) or (b)(4)(A), respectively, is negative, then the administering authority shall-
If the determination of the administering authority under subsection (a)(3) is affirmative, then the administering authority shall-
For purposes of this subsection and section 1673b(d) of this title, the estimated all-others rate shall be an amount equal to the weighted average of the estimated weighted average dumping margins established for exporters and producers individually investigated, excluding any zero and de minimis margins, and any margins determined entirely under section 1677e of this title.
If the estimated weighted average dumping margins established for all exporters and producers individually investigated are zero or de minimis margins, or are determined entirely under section 1677e of this title, the administering authority may use any reasonable method to establish the estimated all-others rate for exporters and producers not individually investigated, including averaging the estimated weighted average dumping margins determined for the exporters and producers individually investigated.
Whenever the administering authority or the Commission makes a determination under this section, it shall notify the petitioner, other parties to the investigation, and the other agency of its determination and of the facts and conclusions of law upon which the determination is based, and it shall publish notice of its determination in the Federal Register.
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.
19 U.S.C. § 1673d
EDITORIAL NOTES
AMENDMENTS1996-Subsec. (a)(3)(A)(i). Pub. L. 104-295 amended Pub. L. 103-465, §214(b)(2)(A)(i). See 1994 Amendment note below.1994-Subsec. (a)(1). Pub. L. 103-465, §233(a)(5)(V), substituted "subject merchandise" for "merchandise which was the subject of the investigation".Subsec. (a)(3)(A)(i). Pub. L. 103-465, §214(b)(2)(A)(i), as amended by Pub. L. 104-295 inserted "and material injury by reason of dumped imports" after "history of dumping" and substituted "subject merchandise" for "class or kind of merchandise which is the subject of the investigation".Subsec. (a)(3)(A)(ii). Pub. L. 103-465, §214(b)(2)(A)(ii), substituted "subject merchandise at less than its fair value and that there would be material injury by reason of such sales" for "merchandise which is the subject of the investigation at less than its fair value".Subsec. (a)(3)(B). Pub. L. 103-465, §214(b)(2)(A)(iii), substituted "subject merchandise" for "merchandise which is the subject of the investigation".Subsec. (a)(4). Pub. L. 103-465, §213(b), added par. (4).Subsec. (b)(1). Pub. L. 103-465, §212(b)(2)(B), inserted at end of concluding provisions "If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated."Subsec. (b)(4)(A). Pub. L. 103-465, §214(b)(2)(B), amended subpar. (A) generally, substituting present provisions for provisions requiring, in the case of an affirmative critical circumstances determination, a further finding as to whether retroactive imposition of antidumping duties on the subject merchandise would be necessary to prevent recurrence of material injury caused by massive imports of the merchandise over a relatively short period of time.Subsec. (c)(1). Pub. L. 103-465, §219(b)(1), struck out "and" at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C) and substituted "the suspension of liquidation under section 1673b(d)(2) of this title" for "under paragraphs (1) and (2) of section 1673b(d) of this title the suspension of liquidation and the posting of a cash deposit, bond, or other security".Subsec. (c)(2)(A). Pub. L. 103-465, §219(c)(6), substituted "1673b(d)(2)" for "1671b(d)(1)".Subsec. (c)(2)(B). Pub. L. 103-465, §219(c)(7), substituted "1673b(d)(1)(B)" for "1673b(d)(2)".Subsec. (c)(3)(B). Pub. L. 103-465, §219(c)(8), substituted "1673b(d)(1)(B)" for "1673b(d)(2)".Subsec. (c)(5). Pub. L. 103-465, §219(b)(2), added par. (5).1988-Subsec. (b)(4)(A). Pub. L. 100-418, §1324(b)(3), amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: "If the finding of the administering authority under subsection (a)(2) of this section is affirmative, then the final determination of the Commission shall include a finding as to whether the material injury is by reason of massive imports described in subsection (a)(3) of this section to an extent that, in order to prevent such material injury from recurring, it is necessary to impose the duty imposed by section 1673 of this title retroactively on those imports."Subsec. (e). Pub. L. 100-418, §1333(a), added subsec. (e).1984-Subsec. (a)(3). Pub. L. 98-573, §605(b)(1), inserted provision that such findings may be affirmative even though the preliminary determination under section 1673b(e)(1) of this title was negative.Subsec. (b)(1). Pub. L. 98-573, §602(c), inserted ", or sales (or the likelihood of sales) for importation," in provisions after subpar. (B).Subsec. (c)(3)(A). Pub. L. 98-573, §605(b)(3), inserted reference to par. (4).Subsec. (c)(4). Pub. L. 98-573, §605(b)(2), added par. (4).
STATUTORY NOTES AND RELATED SUBSIDIARIES
EFFECTIVE DATE OF 1994 AMENDMENTAmendment 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 1988 AMENDMENTAmendment by section 1333(a) of Pub. L. 100-418 effective Aug. 23, 1988, and amendment by section 1324(b)(3) of Pub. L. 100-418 applicable with respect to investigations initiated after Aug. 23, 1988, see section 1337(a), (c) of Pub. L. 100-418 set out as a note under section 1671 of this title.
EFFECTIVE DATE OF 1984 AMENDMENTAmendment by section 602(c) of Pub. L. 98-573applicable 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, and amendment by section 605(b) of Pub. L. 98-573 effective Oct. 30, 1984, see section 626(a), (b)(1) of Pub. L. 98-573 as amended, set out as a note under section 1671 of this title.