1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 120 or bestowed, he shall terminate the investigation under section 303 and the matter previously under investiga tion shall be subject to this title as if the affirmative determination called for in section 702 of that Act were made with respect to that matter on the effective date of the application of title VII of that Act to such country. (2) If the Secretary has made a preliminary determination under such section 303, but not a final determination, as to whether a bounty or grant is being paid or bestowed, he shall terminate the investigation under such section 303 and the matter previously under investigation shall be subject to the provisions of title VII of that Act as if the preliminary determination under section 303 were a preliminary determination under section 703 of that title made on the effective date of the application of that title to such country. (b) PENDING INVESTIGATIONS OF LESS-THAN-FAIR 19 VALUE SALES.-If, on the effective date of title VII of the 20 Tariff Act of 1930, there is an investigation in progress 21 under the Antidumping Act, 1921, as to whether imports 22 from a country are being, or are likely to be, sold in the 23 United States or elsewhere at less than fair value, then: 24 25 (1) If the Secretary has not yet made a preliminary determination under the Antidumping Act, 1921, 121 as to the question of less-than-fair value sales, he shall terminate the investigation and the United States In ternational Trade Commission shall terminate any in vestigation under section 201(c)(2) of the Antidumping Act, 1921, and the matter previously under investigation shall be subject to the provisions of title VII of the Tariff Act of 1930 as if the affirmative determintion called for in section 732 were made with respect to such matter on the effective date of title VII of the Tariff Act of 1930. (2) If the Secretary has made under the Antidumping Act, 1921, a preliminary determination, but not a final determination, that imports from such country are being or are likely to be sold in the United States or elsewhere at less than fair value, the investigation shall be terminated and the matter previously under investigation shall be subject to the provisions of title VII of the Tariff Act of 1930 as if the preliminary determination under the Antidumping Act, 1921, were a preliminary determination under section 733 of that title made on the effective date of title VII of the Tariff Act of 1930. (c) PENDING INVESTIGATIONS OF INJURY.-If, on the 24 effective date of the application of title VII of the Tariff Act 25 of 1930 to imports from a country, the United States Inter 122 1 national Trade Commission is conducting an investigation 2 under section 303 of the Tariff Act of 1930 or section 201(a) 3 of the Antidumping Act, 1921, as to whether an industry in 4 the United States is being, or is likely to be injured, or is 5 prevented from being established, it shall terminate any such 6 investigation and initiate an investigation, under subtitle A or 7 B of title VII of the Tariff Act of 1930, which shall be com8 pleted within 75 days, and— (1) treat any final determination of the Secretary of the Treasury under section 303 as a final determination under section 705(a) of the Tariff Act of 1930 and consider the net amount of the bounty or grant esti mated or determined under section 303 as the net sub 9 10 11 12 13 14 15 16 17 a final determination under section 735(a) of the Tariff sidy amount under subtitle A of that title; and (2) treat any final determination of the Secretary of the Treasury under the Antidumping Act, 1921, as 19 SEC. 103. AMENDMENT OF SECTION 303 OF THE TARIFF ACT 21 (a) APPLICATION OF SECTION 303.-Paragraph (1) of 22 section 303(a) of the Tariff Act of 1930 (19 U.S.C. 1303(a)) 23 is amended by striking out "Whenever" and inserting in lieu 24 thereof the following: "Except in the case of an article or 25 merchandise which is the product of a country under the 123 1 Agreement (within the meaning of section 701(b) of this Act), 2 whenever". 3 (b) CERTAIN PROVISIONS OF NEW LAW TO APPLY.— 4 Section 303 of such Act (19 U.S.C. 1303) is amended 5 6 7 8 9 (1) by striking out paragraphs (3) through (6) of subsection (a), (2) by striking out subsections (b) and (c) and inserting in lieu thereof the following new subsection: "(b) The duty imposed under subsection (a) shall be im 10 posed, under regulations prescribed by the administering au11 thority (as defined in section 771(1)), in accordance with title 12 VII of this Act (relating to the imposition of countervailing 13 duties) except that, in the case of any imported article or 14 merchandise which is not free of duty— 15 16 17 18 19 20 21 22 23 24 "(1) no determination by the United States International Trade Commission under section 703(a), 704, or 705(b) shall be required, "(2) an investigation may not be suspended under section 704(c), "(3) no determination as to the presence of critical circumstances shall be made under section 703(e) or 705 (a)(2) or (b)(4)(A), and "(4) any reference to determinations by the Com mission, or to the suspension of an investigation under 122 1 national Trade Commission is conducting an investigation 2 under section 303 of the Tariff Act of 1930 or section 201(a) 3 of the Antidumping Act, 1921, as to whether an industry in 4 the United States is being, or is likely to be injured, or is 5 prevented from being established, it shall terminate any such 6 investigation and initiate an investigation, under subtitle A or 7 B of title VII of the Tariff Act of 1930, which shall be com8 pleted within 75 days, and 9 10 11 12 13 14 15 16 17 18 (1) treat any final determination of the Secretary of the Treasury under section 303 as a final determination under section 705(a) of the Tariff Act of 1930 and consider the net amount of the bounty or grant estimated or determined under section 303 as the net sub sidy amount under subtitle A of that title; and (2) treat any final determination of the Secretary of the Treasury under the Antidumping Act, 1921, as a final determination under section 735(a) of the Tariff Act of 1930. 19 SEC. 103. AMENDMENT OF SECTION 303 OF THE TARIFF ACT 21 (a) APPLICATION OF SECTION 303.-Paragraph (1) of 22 section 303(a) of the Tariff Act of 1930 (19 U.S.C. 1900 23 is amended by striking out "Whenever" and " 24 thereof the following: "Except in the 25 merchandise which is the product |