Establishment of product categories for short life cycle merchandise

An eligible domestic entity may file a petition with the Commission requesting that a product category be established with respect to short life cycle merchandise at any time after the merchandise becomes the subject of 2 or more affirmative dumping determinations. A petition filed under subparagraph (A) shall— Upon receiving a petition under paragraph (1), the Commission shall— If the determinations under paragraph (2)(B) are affirmative, the Commission shall— By no later than the date that is 90 days after the date on which a petition is filed under paragraph (1), the Commission shall determine the scope of the product category into which the short life cycle merchandise that is the subject of the affirmative dumping determinations identified in such petition shall be classified for purposes of this section. The Commission may, on its own initiative, make a determination modifying the scope of any product category established under subparagraph (A) at any time. Determinations may be made under clause (i) only after the Commission has— In making determinations under subparagraph (A) or (B), the Commission shall ensure that each product category consists of similar short life cycle merchandise which is produced by similar processes under similar circumstances and has similar uses. For purposes of this section— The term “eligible domestic entity” means a manufacturer or producer in the United States, or a certified union or recognized union or group of workers which is representative of an industry in the United States, that manufactures or produces short life cycle merchandise that is— The term “affirmative dumping determination” means— any affirmative preliminary determination that— Short life cycle merchandise of a manufacturer shall be treated as being the subject of an affirmative dumping determination only if the administering authority— Short life cycle merchandise of a manufacturer shall not be treated as being the subject of an affirmative dumping determination if— The term “short life cycle merchandise” means any product that the Commission determines is likely to become outmoded within 4 years, by reason of technological advances, after the product is commercially available. For purposes of this paragraph, the term “outmoded” refers to a kind of style that is no longer state-of-the-art. No affirmative dumping determination that—