Sections 751(c) of the Tariff Act of 1930, as amended
(c) Five-Year Review.
(1) In general. Notwithstanding subsection (b) and except in the case of a
transition order defined in paragraph (6), 5 years after the date of publication
of (A) a countervailing duty order (other than a countervailing duty order to
which subparagraph (B) applies or which was issued without an affirmative
determination of injury by the Commission under section 303), an antidumping
duty order, or a notice of suspension of an investigation, described in
(B) a notice of injury determination under section 753 with respect to a
countervailing duty order, or
(C) a determination under this section to continue an order or suspension
agreement, the administering authority and the Commission shall conduct a
review to determine, in accordance with section 752, whether revocation of the
countervailing or antidumping duty order or termination of the investigation
suspended under section 704 or 734 would be likely to lead to continuation or
recurrence of dumping or a countervailable subsidy (as the case may be) and of
(2) Notice of initiation of review. Not later than 30 days before the fifth
anniversary of the date described in paragraph (1), the administering authority
shall publish in the Federal Register a notice of initiation of a review under
this subsection and request that interested parties submit
(A) a statement expressing their willingness to participate in the review by
providing information requested by the administering authority and the
(B) a statement regarding the likely effects of revocation of the order or
termination of the suspended investigation, and
(C) such other information or industry data as the administering authority or
the Commission may specify. (3) Responses to notice of initiation.
(A) No response. If no interested party responds to the notice of initiation
under this subsection, the administering authority shall issue a final
determination, within 90 days after the initiation of a review, revoking the
order or terminating the suspended investigation to which such notice relates.
For purposes of this paragraph, an interested party means a party described in
section 771(9) (C), (D), (E), (F), or (G).
(B) Inadequate response. If interested parties provide inadequate responses
to a notice of initiation, the administering authority, within 120 days after
the initiation of the review, or the Commission, within 150 days after such
initiation, may issue, without further investigation, a final determination
based on the facts available, in accordance with section 776.
(4) Waiver of participation by certain interested parties.
(A) In general. An interested party described in section 771(9) (A) or (B)
may elect not to participate in a review conducted by the administering
authority under this subsection and to participate only in the review conducted
by the Commission under this subsection.
(B) Effect of waiver. In a review in which an interested party waives its
participation pursuant to this paragraph, the administering authority shall
conclude that revocation of the order or termination of the investigation would
be likely to lead to continuation or recurrence of dumping or a countervailable
subsidy (as the case may be) with respect to that interested party.
(5) Conduct of review.
(A) Time limits for completion of review. Unless the review has been
completed pursuant to paragraph (3) or paragraph (4) applies, the administering
authority shall make its final determination pursuant to section 752 (b) or (c)
within 240 days after the date on which a review is initiated under this
subsection. If the administering authority makes a final affirmative
determination, the Commission shall make its final determination pursuant to
section 752(a) within 360 days after the date on which a review is initiated
under this subsection.
(B) Extension of time limit. The administering authority or the Commission
(as the case may be) may extend the period of time for making their respective
determinations under this subsection by not more than 90 days, if the
administering authority or the Commission (as the case may be) determines that
the review is extraordinarily complicated. In a review in which the
administering authority extends the time for making a final determination, but
the Commission does not extend the time for making a determination, the
Commission's determination shall be made not later than 120 days after the date
on which the final determination of the administering authority is published.
(C) Extraordinarily complicated. For purposes of this subsection, the
administering authority or the Commission (as the case may be) may treat a
review as extraordinarily complicated if
(i) there is a large number of issues,
(ii) the issues to be considered are complex,
(iii) there is a large number of firms involved,
(iv) the orders or suspended investigations have been grouped as described in
subparagraph (D), or (v) it is a review of a transition order.
(D) Grouped reviews. The Commission, in consultation with the administering
authority, may group orders or suspended investigations for review if it
considers that such grouping is appropriate and will promote administrative
efficiency. Where orders or suspended investigations have been grouped, the
Commission shall, subject to subparagraph (B), make its final determination
under this subsection not later than 120 days after the date that the
administering authority publishes notice of its final determination with respect
to the last order or agreement in the group. (6) Special transition rules.
(A) Schedule for reviews of transition orders.
(i) Initiation. The administering authority shall begin its review of
transition orders in the 42d calendar month after the date such orders are
issued. A review of all transition orders shall be initiated not later than the
5th anniversary after the date such orders are issued.
(ii) Completion. A review of a transition order shall be completed not later
than 18 months after the date such review is initiated. Reviews of all
transition orders shall be completed not later than 18 months after the 5th
anniversary of the date such orders are issued.
(iii) Subsequent reviews. The time limits set forth in clauses (i) and (ii)
shall be applied to all subsequent 5-year reviews of transition orders by
substituting "date of the determination to continue such orders" for "date such
orders are issued".
(iv) Revocation and termination. No transition order may be revoked under
this subsection before the date that is 5 years after the date the WTO Agreement
enters into force with respect to the United States.
(B) Sequence of transition reviews. The administering authority, in
consultation with the Commission, shall determine such sequence of review of
transition orders as it deems appropriate to promote administrative efficiency.
To the extent practicable, older orders shall be reviewed first.
(C) Definition of transition order. For purposes of this section, the term
"transition order" means
(i) a countervailing duty order under this title or under section 303,
(ii) an antidumping duty order under this title or a finding under the
Antidumping Act, 1921, or
(iii) a suspension of an investigation under section 704 or 734,
which is in effect on the date the WTO Agreement enters into force with
respect to the United States.
(D) Issue date for transition orders. For purposes of this subsection, a
transition order shall be treated as issued on the date the WTO Agreement enters
into force with respect to the United States, if such order is based on an
investigation conducted by both the administering authority and the Commission.