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

(1) by striking out paragraphs (3) through (6) of subsection (a),

6

7

(2) by striking out subsections (b) and (c) and inserting in lieu thereof the following new subsection:

8

9

"(b) The duty imposed under subsection (a) shall be im10 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

"(1) no determination by the United States Innernational Trade Commission under section 703 7:4

16

17

or 705(b) shall be required,

18

"(2) an investigation may not be suspender mater

124

1 section 704(c) which are not permitted or required by

2 3

4

5

18

19

20

21

6

(c) CONFORMING AMENDMENT.-Paragraph 2 of sec

7 tion 303(a) of such Act (19 U.S.C. 1303(a)) is amended

8

(1) by striking out "an affirmative determination"

9

and inserting in lieu thereof "affirmative determina

10

tions", and

11

(2) by striking out "subsection (b)(1)" and inserting in lieu thereof “title VII”.

12

13 SEC. 104. TRANSITION RULES FOR COUNTERVAILING DUTY

14

15

16

17

22

this subsection shall be disregarded.”, and

(3) by adding at the end thereof the following new

subsection:

"(f) CROSS REFERENCE.

"For provisions of law applicable in the case of articles and merchandise which are the product of countries under the Agreement within the meaning of section 701(b) of this Act, see title VII of this Act.”.

ORDERS.

(a) WAIVED COUNTERVAILING DUTY ORDERS.—

(1) NOTIFICATION OF COMMISSION.-The administering authority shall notify the United States International Trade Commission by January 7, 1980, of any countervailing duty order in effect on January 1,

1980

(A)(i) for which the Secretary of the Treasury has waived the imposition of countervailing

125

duties under section 303(d) of the Tariff Act of

1930 (19 U.S.C. 1303(d)), and

(ii) which applies to merchandise other than quota cheese (as defined in section 701(c)(1) of this Act), which is a product of a country under the Agreement,

(B) published after September 29, 1979, and before January 1, 1980, with respect to products of a country under the Agreement (as defined in section 701(b) of the Tariff Act of 1930), or

(C) applicable to frozen, boneless beef from the European Communities under Treasury Decision 76-109,

and shall furnish to the Commission the most current information it has with respect to the net subsidy benefitting the merchandise subject to the countervailing duty order.

(2) DETERMINATION BY THE COMMISSION.Within 180 days after the date on which it receives the information from the administering authority under paragraph (1), the Commission shall make a determination of whether

(A) an industry in the United States

(i) is materially injured, or

(ii) is threatened with material injury, or

1

2

3

4

5

12

6

(c) CONFORMING AMENDMENT.-Paragraph 2 of sec7 tion 303(a) of such Act (19 U.S.C. 1303(a)) is amended

8

(1) by striking out "an affirmative determination"

9

and inserting in lieu thereof "affirmative determina

10

tions", and

11

16

17

18

19

20

(2) by striking out "subsection (b)(1)" and inserting in lieu thereof "title VII".

13 SEC. 104. TRANSITION RULES FOR COUNTERVAILING DUTY

14

15

21

124

section 704(c) which are not permitted or required by

this subsection shall be disregarded.", and

(3) by adding at the end thereof the following new subsection:

"(f) CROSS REFERENCE.

22

"For provisions of law applicable in the case of articles and merchandise which are the product of countries under the Agreement within the meaning of section 701(b) of this Act, see title VII of this Act.".

ORDERS.

(a) WAIVED COUNTERVAILING DUTY ORDERS.

(1) NOTIFICATION OF COMMISSION.-The administering authority shall notify the United States International Trade Commission by January 7, 1980, of any countervailing duty order in effect on January 1, 1980

(A)(i) for which the Secretary of the Treasury has waived the imposition of countervailing

1

2

3

4

5

6

7

8

9

10

11

12

13

14

15

16

17

18

19

20

21

22

23

24

25

125

duties under section 303(d) of the Tariff Act of 1930 (19 U.S.C. 1303(d)), and

(ii) which applies to merchandise other than quota cheese (as defined in section 701(c)(1) of this Act), which is a product of a country under

the Agreement,

(B) published after September 29, 1979, and before January 1, 1980, with respect to products of a country under the Agreement (as defined in section 701(b) of the Tariff Act of 1930), or

(C) applicable to frozen, boneless beef from the European Communities under Treasury Decision 76-109,

and shall furnish to the Commission the most current information it has with respect to the net subsidy benefitting the merchandise subject to the countervailing duty order.

(2) DETERMINATION BY THE COMMISSION. Within 180 days after the date on which it receives the information from the administering authority under paragraph (1), the Commission shall make a determination of whether—

(A) an industry in the United States

(i) is materially injured, or

(ii) is threatened with material injury, or