§1673h Establishment of Product Categories for Short Life Cycle Merchandise

Summary

Allows a U.S. manufacturer or a certified or recognized union or group of workers to ask the Commission to create a product category for short life cycle goods once those goods have two or more official affirmative dumping findings. The petition must name the goods, say which other short life cycle items should be included or left out, explain why, and give the Harmonized Tariff Schedule codes. After a petition is filed, the Commission asks the administering authority to confirm the dumping findings, checks that the goods are short life cycle and that the petitioner is eligible, then publishes a notice and invites comments and a hearing. The Commission must set the product category’s scope within 90 days of the petition. It can later change categories on its own, but only after publishing a notice and holding a chance for hearings and written comments. Categories must group similar products made in similar ways and used similarly. One-line definitions: Eligible domestic entity — a U.S. maker or certified/recognized union or worker group that makes short life cycle goods like or similar to goods with two or more affirmative dumping findings. Affirmative dumping determination — either a final finding in the prior 8 years that led to an antidumping order requiring duties of at least 15% ad valorem, or a preliminary finding in the prior 8 years in an investigation later suspended that shows estimated dumping of at least 15% ad valorem. Subject of an affirmative dumping determination — the maker must be named and have a separate dumping amount listed; makers not named in a group finding are excluded. Short life cycle merchandise — products likely to become outmoded within 4 years because of technological advances. Transitional rule — certain older findings between listed dates are treated as one with the latest date; findings before Jan 1, 1981 (for final) or Jan 1, 1985 (for preliminary) cannot be used.