administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to which confidential treatment has been given by the administering authority, and

(B) in cases where the preliminary determination by the administering authority under section 703(b) was negative, the administering authority shall order under paragraphs (1) and (2) of section 703(d) the suspension of liquidation and the posting of a cash deposit, bond, or other security. (2) ISSUANCE OF ORDER; EFFECT OF NEGATIVE DETERMINATION. If the determinations of the adminstering authority and the Commission under subsections (a)(1) and (b)(1) are affirmative, then the administering authority shall issue a countervailing duty order under section 706(a). 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

(A) terminate the suspension of liquidation under section 703(d)(1), and

(B) release any bond or other security and refund any cash deposit required under section 703(d)(2).

(3) EFFECT OF NEGATIVE DETERMINATIONS UNDER SUBSECTIONS (a)(2) AND (b)(4)(A).—If the determination of the administering authority or the Commission under subsection (a)(2) and (b)(4)(A), respectively, is negative, then the administering au thority shall

(A) terminate any retroactive suspension of liquidation required under paragraph (4) or section 703(e)(2), and

(B) release any bond or other security, and refund any cash deposit required, under section 703(d)(2) with respect to entries of the merchandise the liquidation of which was suspended retroactively under section 703(e)(2).

(4) EFFECT OF AFFIRMATIVE DETERMINATION UNDER SUBSECTION (a)(2). If the determination of the administering authority under subsection (a)(2) is affirmative, then the administering authority shall

(A) in cases where the preliminary determinations by the administering authority under sections 703(b) and 703(e)(1) were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, bond, or other security previously ordered under section 703(e)(2);

(B) in cases where the preliminary determination by the administering authority under section 703(b) was affirma tive, but the preliminary determination under section 703(e)(1) was negative, shall modify any suspension of liq uidation and security requirement previously ordered under section 703(d) to apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or

(C) in cases where the preliminary determination by the administering authority under section 703(b) and was negative, shall apply any suspension of liquidation and security requirement ordered under subsection 703(c)(1)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.

(d) PUBLICATION OF NOTICE OF DETERMINATIONS.-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.

(e) CORRECTION OF MINISTERIAL ERRORS.-The administering auhority shall establish procedures for the correction of ministerial rrors in final determinations within a reasonable time after the leterminations are issued under this section. Such procedures shall nsure opportunity for interested parties to present their views rearding any such errors. As used in this subsection, the term "minsterial error" includes errors in addition, subtraction or other rithmetic function, clerical errors resulting from inaccurate copyng, duplication, or the like, and any other type of unintentional rror which the administering authority considered ministerial. EC. 706. ASSESSMENT OF DUTY.

(a) PUBLICATION OF COUNTERVAILING DUTY ORDER.-Within 7 ays after being notified by the Commission of an affirmative deermination under section 705(b), the administering authority shall ublish a countervailing duty order which

(1) directs customs officers to assess a countervailing duty equal to the amount of the net subsidy determined or estimated to exist, 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 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,

(2) shall presumptively apply to all merchandise of such class or kind exported from the country investigated, except that if

(A) the administering authority determines there is a significant differential between companies receiving subsidy benefits, or

(B) a State-owned enterprise is involved, the order may provide for differing countervailing duties,

(3) includes a description of the class or kind of merchandise to which it applies, in such detail as the administering authority deems necessary, and

(4) requires the deposit of estimated countervailing duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.

(b) IMPOSITION OF DUTIES.

(1) GENERAL RULE.-If the Commission, in its final determi nation under section 705(b), finds material injury or threat of material injury which, but for the suspension of liquidation under section 703(d)(1), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation of which has been suspended under section 703(d)(1), shall be subject to the imposition of countervailing duties under section 701(a).

(2) SPECIAL RULE.-If the Commission, in its final determination under section 705(b), finds threat of material injury, other than threat of material injury described in paragraph (1), or material retardation of the establishment of an industry in the United States, then merchandise subject to a countervailing duty order which is entered, or withdrawn from warehouse, for consumption on or after the date of publication of notice of an affirmative determination of the Commission under section 705(b) shall be subject to the imposition of countervailing duties under section 701(a), and the administering authority shall release any bond or other security, and refund any cash deposit made, to secure the payment of countervailing duties with respect to entries of the merchandise entered, or with drawn from warehouse, for consumption before that date. SEC. 707. TREATMENT OF DIFFERENCE BETWEEN DEPOSIT OF ESTIMAT ED COUNTERVAILING DUTY AND FINAL ASSESSED DUT UNDER COUNTERVAILING DUTY ORDER.

(a) DEPOSIT OF ESTIMATED COUNTERVAILING DUTY UNDER SECTION 703(d)(2).—If the amount of a cash deposit, or the amount of an bond or other security, required as security for an estimated coun tervailing duty under section 703(d)(2) is different from the amoun of the countervailing duty determined under a countervailing du order issued under section 706, then the difference for entries merchandise entered, or withdrawn from warehouse, for consum tion before notice of the affirmative determination of the Comm sion under section 705(b) is published shall be

(1) disregarded, to the extent that the cash deposit, bond, other security is lower than the duty under the order, or

(2) refunded or released, to the extent that the cash deposit bond, or other security is higher than the duty under th order.

(b) DEPOSIT Of Estimated COUNTERVAILING DUTY UNDER SECTIO 706(a)(3). If the amount of an estimated countervailing duty de posited under section 706(a)(3) is different from the amount of th countervailing duty determined under a countervailing duty orde issued under section 706, then the difference for entries of mer chandise entered, or withdrawn from warehouse, for consumption after notice of the affirmative determination of the Commission under section 705(b) is published shall be

(1) collected, to the extent that the deposit under section 706(a)(3) is lower than the duty determined under the order.

(2) refunded, to the extent that the deposit under section 706(a)(3) is higher than the duty determined under the order together with interest as provided by section 778.

SEC. 708. EFFECT OF DEROGATION OF EXPORT-IMPORT BANK FINANC

ING.

Nothing in this title shall be interpreted as superseding the provisions of section 1912 of the Export-Import Bank Act Amendments of 1978, except that in the event of an assessment of duty based on a derogation under section 706 or action under section 703(d)(2), the Secretary of the Treasury shall not authorize the Bank to provide guarantees, insurance and credits of competing United States sellers pursuant to section 1912 of such Act.

SEC. 709. CONDITIONAL PAYMENT OF COUNTERVAILING DUTY.

(a) IN GENERAL.-For all entries, or withdrawals from warehouse, for consumption of merchandise subject to a countervailing duty order on or after the date of publication of such order, no customs officer may deliver merchandise of that class or kind to the person by whom or for whose account it was imported unless that person complies with the requirement of subsection (b) and deposits with the appropriate customs officer an estimated countervailing duty in an amount determined by the administering authority.

(b) IMPORTER REQUIREMENTS.-In order to meet the requirements of this subsection, a person shall—

(1) furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for ascertaining any countervailing duty to be imposed under this subtitle,

(2) maintain and furnish to the customs officer such records concerning such merchandise as the administering authority, by regulation, requires, and

(3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this subtitle on that merchandise.

2. Antidumping Duties

Subtitle B of Title VII of the Tariff Act of 1930, as amended

9 U.S.C. 1673; P.L. 71-361, as amended by P.L. 96-39, P.L. 98-573, P.L. 99-514, P.L. 100-418, and P.L. 100-647]

EC. 731. ANTIDUMPING DUTIES IMPOSED.

If

(1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and

(2) 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, en there shall be imposed upon such merchandise an antidumpig duty, in addition to any other duty imposed, in an amount qual to the amount by which the foreign market value exceeds the Jnited States price for the merchandise. For purposes of this sub

section and section 735(b)(1), a reference to the sale of foreign mer. chandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.

SEC. 732. PROCEDURES FOR INITIATING AN ANTIDUMPING DUTY INVES TIGATION.

(a) INITIATION BY ADMINISTERING AUTHORITY.

(1) IN GENERAL.—An antidumping duty investigation shall be commenced whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under section 731 exist. (2) CASES INVOLVING PERSISTENT DUMPING.—

(A) MONITORING.-The administering authority may es tablish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if—

(i) more than one antidumping order is in effect with respect to that class or kind of merchandise;

(ii) in the judgment of the administering authority there is reason to believe or suspect an extraordinary pattern of persistent injurious dumping from one of more additional supplier countries; and

(iii) in the judgment of the administering authority this extraordinary pattern is causing a serious com mercial problem for the domestic industry.

(B) If during the period of monitoring referred to in sub paragraph (A), the administering authority determines that there is sufficient information to commence a forma investigation under this subsection regarding an additiona supplier country, the administering authority shall imme diately commence such an investigation.

(C) DEFINITION.-For purposes of this paragraph, the term "additional supplier country" means a country re garding which no antidumping investigation is currently pending, and no antidumping duty order is currently in effect, with respect to imports of the class or kind of mer chandise covered by subparagraph (A).

(D) EXPEDITIOUS ACTION.-The administering authority and the Commission, to the extent practicable, shall expe dite proceedings under this subtitle undertaken as a result of a formal investigation commenced under subparagraph (B).

(b) INITIATION BY PETITION.

(1) PETITIONER REQUIREMENTS.-An antidumping duty pro ceeding shall be commenced whenever an interested party de scribed in subparagraph (C), (D), (E), (F), or (G) of section 7719 files a petition with the administering authority, on behalf of an industry, which alleges the elements necessary for the im position of the duty imposed by section 731, and which is accompanied by information reasonably available to the petition er supporting those allegations. The petition may be amended