126 (B) the establishment of an industry in the United States is materially retarded, by reason of imports of the merchandise subject to the order. (3) EFFECT OF DETERMINATION. (A) AFFIRMATIVE DETERMINATION.-Upon being notified by the Commission of an affirmative determination under paragraph (2), the administering authority shall terminate the waiver of imposition of countervailing duties for merchandise subject to the order, if any. The countervailing duty order under section 303 of the Tariff Act of 1930 which applies to that merchandise shall remain in effect until revoked, in whole or in part, under section 751(d) of such Act. (B) NEGATIVE DETERMINATION.—Upon being notified by the Commission of a negative determination under paragraph (2), the administering authority shall revoke the countervailing order, and publish notice in the Federal Register of the revocation. (b) OTHER COUNTERVAILING DUTY ORDERS.— (1) REVIEW BY COMMISSION UPON REQUEST.— In the case of a countervailing duty order issued under 127 section 303 of the Tariff Act of 1930 (19 U.S.C. 1303) (A) which is not a countervailing duty order to which subsection (a) applies, (B) which applies to merchandise which is the product of a country under the Agreement, and (C) which is in effect on January 1, 1980, or which is issued pursuant to court order in an action brought under section 516(d) of that Act before that date, the Commission, upon the request of the government of such a country or of exporters accounting for a signifi cant proportion of exports to the United States of mer chandise which is covered by the order, submitted within 3 years after the effective date of title VII of the Tariff Act of 1930 shall make a determination under paragraph (2) of this subsection. (2) DETERMINATION BY THE COMMISSION.—In a case described in paragraph (1) with respect to which it has received a request for review, the Commission shall commence an investigation to determine wheth er (A) an industry in the United States 128 (i) would be materially injured, or (ii) would be threatened with material injury, or (B) the establishment of an industry in the United States would be materially retarded, by reason of imports of the merchandise covered by the countervailing duty order if the order were to be re voked. (3) SUSPENSION OF LIQUIDATION; INVESTIGATION TIME LIMITS. -Whenever the Commission receives a request under paragraph (1), it shall promptly notify the administering authority and the administering authority shall suspend liquidation of entries of the affected merchandise made on or after the date of receipt of the Commission's notification, or in the case of butter from Australia, entries of merchandise subject to the assessment of countervailing duties under Treasury Decision 42937, as amended, and collect estimated countervailing duties pending the determination of the Commission. The Commission shall issue its determina tion in any investigation under this subsection not later than 3 years after the date of commencement of such investigation. (4) EFFECT OF DETERMINATION. 129 (A) AFFIRMATIVE DETERMINATION.-Upon being notified of an affirmative determination under paragraph (2) by the Commission, the administering authority shall liquidate entries of merchandise the liquidation of which was suspended under paragraph (3) of this subsection and impose countervailing duties in the amount of the estimated duties required to be deposited. The countervailing duty order shall remain in effect until revoked, in whole or in part, under section 751(c) of the Tariff Act of 1930. (B) NEGATIVE DETERMINATION.-Upon being notified of a negative determination under paragraph (2) by the Commission, the administer ing authority shall revoke the countervailing duty order then in effect, publish notice thereof in the Federal Register, and refund, without payment of interest, any estimated countervailing duties col lected during the period of suspension of liquidation. (c) ALL OUTSTANDING COUNTERVAILING DUTY 22 ORDERS.-Subject to the provisions of subsections (a) and 23 (b), any countervailing duty order issued under section 303 of 24 the Tariff Act of 1930 which is— 1 2 3 4 5 6 130 (1) in effect on the effective date of title VII of the Tariff Act of 1930 (as added by section 101 of this Act), or (2) issued pursuant to court order in a proceeding brought before that date under section 516(d) of the Tariff Act of 1930, 7 shall remain in effect after that date and shall be subject to 8 review under section 751 of the Tariff Act of 1930. 9 (d) PUBLICATION OF NOTICE OF DETERMINATIONS.— 10 Whenever the Commission makes a determination under sub11 section (a) or (b), it shall publish notice of that determination 12 in the Federal Register and notify the administering authori13 ty of its determination. 14 (e) DEFINITIONS.-Whenever any term which is de 15 fined in section 771 of the Tariff Act of 1930 is used in this 16 section, it has the same meaning as when it is used in title 17 VII of that Act. 18 SEC. 105. CONTINUATION OF CERTAIN WAIVERS. 19 (a) WAIVERS.—Subparagraph (B) of section 303(d)(4) of 20 the Tariff Act of 1930 (19 U.S.C. 1303(d)(4)) is amended to 21 read as follows: 22 23 24 25 "(B) Any determination made by the Secretary under this subsection with respect to merchandise of a country which, if title VII of the Tariff Act of 1930 were in effect, would, as deter |