US Code

Public Law 119-73 (01/23/2026)

19 U.S.C. § 1671d

Final determinations

(a)

Final determination by administering authority

(1)

In general

section 1671b(b) of this titleWithin 75 days after the date of the preliminary determination under , the administering authority shall make a final determination of whether or not a countervailable subsidy is being provided with respect to the subject merchandise; except that when an investigation under this part is initiated simultaneously with an investigation under part II of this subtitle, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under part II of this subtitle.

(2)

Critical circumstances determinations

section 1671b(e) of this titleIf the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has been alleged under , shall also contain a finding as to whether—
(A)
the countervailable subsidy is inconsistent with the Subsidies Agreement, and
(B)
there have been massive imports of the subject merchandise over a relatively short period.
section 1671b(e)(1) of this titleSuch findings may be affirmative even though the preliminary determination under was negative.
(3)

De minimis countervailable subsidy

section 1671b(b)(4) of this titleIn making a determination under this subsection, the administering authority shall disregard any countervailable subsidy that is de minimis as defined in .

(b)

Final determination by Commission

(1)

In general

The Commission shall make a final determination of whether—
(A)
an industry in the United States—
(i)
is materially injured, or
(ii)
is threatened with material injury, or
(B)
the establishment of an industry in the United States is materially retarded,
by reason of imports, or sales (or the likelihood of sales) for importation, of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a). If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated.
(2)

Period for injury determination following affirmative preliminary determination by administering authority

section 1671b(b) of this titleIf the preliminary determination by the administering authority under is affirmative, then the Commission shall make the determination required by paragraph (1) before the later of—
(A)
section 1671b(b) of this title the 120th day after the day on which the administering authority makes its affirmative preliminary determination under , or
(B)
the 45th day after the day on which the administering authority makes its affirmative final determination under subsection (a).
(3)

Period for injury determination following negative preliminary determination by administering authority

section 1671b(b) of this titleIf the preliminary determination by the administering authority under is negative, and its final determination under subsection (a) is affirmative, then the final determination by the Commission under this subsection shall be made within 75 days after the date of that affirmative final determination.

(4)

Certain additional findings

(A)

Commission standard for retroactive application.—

(i)

In general .—

section 1671e of this titleIf the finding of the administering authority under subsection (a)(2) is affirmative, then the final determination of the Commission shall include a finding as to whether the imports subject to the affirmative determination under subsection (a)(2) are likely to undermine seriously the remedial effect of the countervailing duty order to be issued under .
(ii)

Factors to consider .—

In making the evaluation under clause (i), the Commission shall consider, among other factors it considers relevant—
(I)
the timing and the volume of the imports,
(II)
any rapid increase in inventories of the imports, and
(III)
any other circumstances indicating that the remedial effect of the countervailing duty order will be seriously undermined.
(B)
If the final determination of the Commission is that there is no material injury but that there is threat of material injury, then its determination shall also include a finding as to whether material injury by reason of imports of the merchandise with respect to which the administering authority has made an affirmative determination under subsection (a) would have been found but for any suspension of liquidation of entries of that merchandise.
(c)

Effect of final determinations

(1)

Effect of affirmative determination by the administering authority

If the determination of the administering authority under subsection (a) is affirmative, then—
(A)
the administering authority shall make available to the Commission all information upon which such determination was based and which the Commission considers relevant to its 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,
(B)
(i)
the administering authority shall—
(I)
section 1675(a)(2)(B) of this title determine an estimated individual countervailable subsidy rate for each exporter and producer individually investigated, and, in accordance with paragraph (5), an estimated all-others rate for all exporters and producers not individually investigated and for new exporters and producers within the meaning of , or
(II)
section 1677f–1(e)(2)(B) of this title if applies, determine a single estimated country-wide subsidy rate, applicable to all exporters and producers,
(ii)
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, and
(C)
section 1671b(b) of this titlesection 1671b(d) of this title in cases where the preliminary determination by the administering authority under was negative, the administering authority shall order the suspension of liquidation under paragraph (2) of .
(2)

Issuance of order; effect of negative determination

section 1671e(a) of this titleIf the determinations of the administering authority and the Commission under subsections (a)(1) and (b)(1) are affirmative, then the administering authority shall issue a countervailing duty order under . If either of such determinations is negative, the investigation shall be terminated upon the publication of notice of that negative determination and the administering authority shall—
(A)
section 1671b(d)(2) of this title terminate the suspension of liquidation under , and
(B)
section 1671b(d)(1)(B) of this title release any bond or other security and refund any cash deposit required under .
(3)

Effect of negative determinations under subsections (a)(2) and (b)(4)(A)

If the determination of the administering authority or the Commission under subsection (a)(2) and (b)(4)(A), respectively, is negative, then the administering authority shall—
(A)
section 1671b(e)(2) of this title terminate any retroactive suspension of liquidation required under paragraph (4) or , and
(B)
section 1671b(d)(1)(B) of this titlesection 1671b(e)(2) of this title release any bond or other security, and refund any cash deposit required, under with respect to entries of the merchandise the liquidation of which was suspended retroactively under .
(4)

Effect of affirmative determination under subsection (a)(2)

If the determination of the administering authority under subsection (a)(2) is affirmative, then the administering authority shall—
(A)
section 1671b(e)(2) of this title in cases where the preliminary determinations by the administering authority under sections 1671b(b) and 1671b(e)(1) of this title were both affirmative, continue the retroactive suspension of liquidation and the posting of a cash deposit, bond, or other security previously ordered under ;
(B)
section 1671b(b) of this titlesection 1671b(e)(1) of this titlesection 1671b(d) of this title in cases where the preliminary determination by the administering authority under was affirmative, but the preliminary determination under was negative, shall modify any suspension of liquidation and security requirement previously ordered under to apply to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation was first ordered; or
(C)
section 1671b(b) of this title in cases where the preliminary determination by the administering authority under was negative, shall apply any suspension of liquidation and security requirement ordered under subsection (c)(1)(B) to unliquidated entries of merchandise entered, or withdrawn from warehouse, for consumption on or after the date which is 90 days before the date on which suspension of liquidation is first ordered.
(5)

Method for determining the all-others rate and the country-wide subsidy rate

(A)

All-others rate

(i)

General rule

section 1671b(d) of this titlesection 1677e of this titleFor purposes of this subsection and , the all-others rate shall be an amount equal to the weighted average countervailable subsidy rates established for exporters and producers individually investigated, excluding any zero and de minimis countervailable subsidy rates, and any rates determined entirely under .

(ii)

Exception

section 1677e of this titleIf the countervailable subsidy rates established for all exporters and producers individually investigated are zero or de minimis rates, or are determined entirely under , the administering authority may use any reasonable method to establish an all-others rate for exporters and producers not individually investigated, including averaging the weighted average countervailable subsidy rates determined for the exporters and producers individually investigated.

(B)

Country-wide subsidy rate

section 1677f–1(e)(2)(B) of this titlesection 1671b(d)(1)(A)(ii) of this titleThe administering authority may calculate a single country-wide subsidy rate, applicable to all exporters and producers, if the administering authority limits its examination pursuant to . The estimated country-wide rate determined under or paragraph (1)(B)(i)(II) of this subsection shall be based on industry-wide data regarding the use of subsidies determined to be countervailable.

(d)

Publication of notice of determinations

Whenever the administering authority or the Commission makes a determination under this section, it shall notify the petitioner, other parties to the investigation, and the other agency of its determination and of the facts and conclusions of law upon which the determination is based, and it shall publish notice of its determination in the Federal Register.

(e)

Correction of ministerial errors

The administering authority shall establish procedures for the correction of ministerial errors in final determinations within a reasonable time after the determinations are issued under this section. Such procedures shall ensure opportunity for interested parties to present their views regarding any such errors. As used in this subsection, the term “ministerial error” includes errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.

June 17, 1930, ch. 497Pub. L. 96–39, title I, § 10193 Stat. 159Pub. L. 98–573, title VI98 Stat. 3024Pub. L. 100–418, title I102 Stat. 1200Pub. L. 103–465, title II108 Stat. 4848Pub. L. 104–295, § 20(b)(15)110 Stat. 3527(, title VII, § 705, as added , , ; amended , §§ 602(a)(2), 605(a), 606, , , 3028, 3029; , §§ 1324(a)(3), 1333(a), , , 1209; , §§ 212(b)(1)(B), 214(a)(2), 233(a)(5)(N), 263(b), 264(b), (c)(7), (8), 270(a)(1)(F), (G), , , 4850, 4899, 4912–4914, 4917; , , .)

Editorial Notes

Amendments

Pub. L. 104–2951996—Subsec. (c)(1)(B)(i)(II). inserted “section” after “if”.

Pub. L. 103–4651994—Subsec. (a)(1). , §§ 233(a)(5)(N), 270(a)(1)(F), substituted “countervailable subsidy” for “subsidy” and “the subject merchandise” for “the merchandise”.

Pub. L. 103–465Subsec. (a)(2)(A). , §§ 214(a)(2)(A)(i), 270(a)(1)(G), substituted “countervailable subsidy” for “subsidy” and “Subsidies Agreement” for “Agreement”.

Pub. L. 103–465, § 214(a)(2)(A)(ii)Subsec. (a)(2)(B). , substituted “subject merchandise” for “class or kind of merchandise involved”.

Pub. L. 103–465, § 263(b)Subsec. (a)(3). , added par. (3).

Pub. L. 103–465, § 212(b)(1)(B)Subsec. (b)(1). , inserted at end of concluding provisions “If the Commission determines that imports of the subject merchandise are negligible, the investigation shall be terminated.”

Pub. L. 103–465, § 214(a)(2)(B)Subsec. (b)(4)(A). , amended subpar. (A) generally, substituting present provisions for provisions requiring, in the case of an affirmative critical circumstances determination, an additional finding as to whether retroactive imposition of a countervailing duty would be necessary to prevent recurrence of material injury caused by massive imports of subject merchandise over a relatively short period of time.

Pub. L. 103–465, § 264(b)(1)section 1671b(d) of this titlesection 1671b(d) of this titleSubsec. (c)(1). , struck out “and” at end of subpar. (A), added subpar. (B), and redesignated former subpar. (B) as (C) and substituted “the suspension of liquidation under paragraph (2) of ” for “under paragraphs (1) and (2) of the suspension of liquidation and the posting of a cash deposit, bond, or other security”.

Pub. L. 103–465, § 264(c)(7)Subsec. (c)(2). , in subpar. (A), substituted “1671b(d)(2)” for “1671b(d)(1)” and in subpar. (B), substituted “1671b(d)(1)(B)” for “1671b(d)(2)”.

Pub. L. 103–465, § 264(c)(8)Subsec. (c)(3)(B). , substituted “1671b(d)(1)(B)” for “1671b(d)(2)”.

Pub. L. 103–465, § 264(b)(2)Subsec. (c)(5). , added par. (5).

Pub. L. 100–418, § 1324(a)(3)1988—Subsec. (b)(4)(A). , amended subpar. (A) generally. Prior to amendment, subpar. (A) read as follows: “If the finding of the administering authority under subsection (a)(2) of this section is affirmative, then the final determination of the Commission shall include findings as to whether—

“(i) there is material injury which will be difficult to repair, and

“(ii) the material injury was by reason of such massive imports of the subsidized merchandise over a relatively short period.”

Pub. L. 100–418, § 1333(a)Subsec. (e). , added subsec. (e).

Pub. L. 98–573, § 6061984—Subsec. (a)(1). , inserted provision that when an investigation under this part is initiated simultaneously with an investigation under part II of this subtitle, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under part II of this subtitle.

Pub. L. 98–573, § 605(a)(1)section 1671b(e)(1) of this titleSubsec. (a)(2). , inserted provision after subpar. (B) that such findings may be affirmative even though the preliminary determination under was negative.

Pub. L. 98–573, § 602(a)(2)Subsec. (b)(1). , inserted “, or sales (or the likelihood of sales for importation,” in provision after subpar. (B).

Pub. L. 98–573, § 605(a)(3)Subsec. (c)(3)(A). , inserted reference to par. (4).

Pub. L. 98–573, § 605(a)(2)Subsec. (c)(4). , added par. (4).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–465section 291 of Pub. L. 103–465section 1671 of this titleAmendment by effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see , set out as a note under .

Effective Date of 1988 Amendment

section 1333(a) of Pub. L. 100–418section 1324(a)(3) of Pub. L. 100–418Pub. L. 100–418section 1671 of this titleAmendment by effective , and amendment by applicable with respect to investigations initiated after , see section 1337(a), (c) of , set out as a note under .

Effective Date of 1984 Amendment

section 602(a)(2) of Pub. L. 98–573section 1675 of this titlePub. L. 98–573Pub. L. 98–573section 1671 of this titleAmendment by applicable with respect to investigations initiated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under , on or after , and amendment by sections 605(a) and 606 of effective , see section 626(a), (b)(1) of , as amended, set out as a note under .