Effect of determination by the administering authority
If the preliminary determination of the administering authority under subsection (b) is affirmative, the administering authority—
determine an estimated individual countervailable subsidy rate for each exporter and producer individually investigated, and, in accordance with section 1671d(c)(5) of this title
, an estimated all-others rate for all exporters and producers not individually investigated and for new exporters and producers within the meaning of section 1675(a)(2)(B) of this title
shall order the posting of a cash deposit, bond, or other security, as the administering authority deems appropriate, for each entry of the subject merchandise in an amount based on the estimated individual countervailable subsidy rate, the estimated all-others rate, or the estimated country-wide subsidy rate, whichever is applicable,
shall order the suspension of liquidation of all entries of merchandise subject to the determination which are entered, or withdrawn from warehouse, for consumption on or after the later of—
the date on which notice of the determination is published in the Federal Register, or
the date that is 60 days after the date on which notice of the determination to initiate the investigation is published in the Federal Register, and
shall make available to the Commission all information upon which its determination was based and which the Commission considers relevant to its injury determination, under such procedures as the 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.
The instructions of the administering authority under paragraphs (1) and (2) may not remain in effect for more than 4 months.
Critical circumstances determinations
If a petitioner alleges critical circumstances in its original petition, or by amendment at any time more than 20 days before the date of a final determination by the administering authority, then the administering authority shall promptly (at any time after the initiation of the investigation under this part) determine, on the basis of the information available to it at that time, whether there is a reasonable basis to believe or suspect that—
the alleged countervailable subsidy is inconsistent with the Subsidies Agreement, and
there have been massive imports of the subject merchandise over a relatively short period.
Suspension of liquidation
If the determination of the administering authority under paragraph (1) is affirmative, then any suspension of liquidation ordered under subsection (d)(2) shall apply, or, if notice of such suspension of liquidation is already published, be amended to apply, to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the later of—
the date which is 90 days before the date on which the suspension of liquidation was first ordered, or
the date on which notice of the determination to initiate the investigation is published in the Federal Register.
[June 17, 1930, ch. 497], title VII, § 703, as added [Pub. L. 96–39, title I, § 101], July 26, 1979, [93 Stat. 152]; amended [Pub. L. 98–181, title I] [title VI, § 650(b)], Nov. 30, 1983, [97 Stat. 1266]; [Pub. L. 98–573, title VI], §§ 603, 613(c), Oct. 30, 1984, [98 Stat. 3024], 3036; [Pub. L. 99–514, title XVIII, § 1886(a)(3)], Oct. 22, 1986, [100 Stat. 2921]; [Pub. L. 100–418, title I], §§ 1324(a)(2), 1326(d)(1), Aug. 23, 1988, [102 Stat. 1200], 1204; [Pub. L. 103–465, title II], §§ 212(b)(1)(A), (C), (D), (F), 214(a)(1), 215(a), 233(a)(5)(C), (6)(A)(iii), (iv), (B), 263(a), 264(a), (c)(1), (2), 270(a)(1)(B)–(D), (b)(1)(B), 283(a), Dec. 8, 1994, [108 Stat. 4847], 4848, 4850, 4852, 4899, 4901, 4911, 4912, 4914, 4917, 4930; [Pub. L. 104–295, § 20(b)(5)], Oct. 11, 1996, [110 Stat. 3527].)