§1675b Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investigations

Summary

Requires the U.S. International Trade Commission to look into whether ending certain countervailing duty orders on goods from a "Subsidies Agreement country" (a country covered by the WTO subsidies rules) would likely hurt a U.S. industry. The rule covers orders that apply to such a country and that did not need an affirmative injury finding when they were issued. If the order was already in effect when the country joined, a request for an investigation must be filed within 6 months after that joining date. If the order was issued later by court order, the request must be filed within 6 months after the order date. The rule affects imports entered on or after those same dates, and imports may have their duties suspended while the case is looked at. Investigations normally must finish with the Commission’s determination within 1 year after they start, but if many requests arrive within 1 year after the WTO rules begin to apply to the U.S., the Commission may spread decisions across a 4-year window. The administering authority must tell the Commission the likely net subsidy amount and the type of subsidy, and the Commission must use that number and consider the subsidy’s nature. If the Commission finds injury would likely continue, the administering authority stops suspending liquidation and the order stays in force until formally revoked. If the Commission finds injury is not likely, the administering authority revokes the order and refunds any collected duties with interest; a finding of no injury cannot be based on export taxes meant to offset the subsidy. Special shortened deadlines apply if a related investigation was already in progress or suspended when the country joined (75 days, 120 days, or 45 days as specified). Notices of starts, decisions, and revocations must be published. Parties may ask at the same time for a related administrative review, which will be combined and decided together, though the administering authority can refuse that joint review for certain related parties or importers.