Prevention of circumvention of antidumping and countervailing duty orders

If— merchandise sold in the United States is of the same class or kind as any other merchandise that is the subject of— In determining whether the process of assembly or completion is minor or insignificant under paragraph (1)(C), the administering authority shall take into account— In determining whether to include parts or components in a countervailing or antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— If— merchandise imported into the United States is of the same class or kind as any merchandise produced in a foreign country that is the subject of— before importation into the United States, such imported merchandise is completed or assembled in another foreign country from merchandise which— In determining whether the process of assembly or completion is minor or insignificant under paragraph (1)(C), the administering authority shall take into account— In determining whether to include merchandise assembled or completed in a foreign country in a countervailing duty order or an antidumping duty order or finding under paragraph (1), the administering authority shall take into account such factors as— The class or kind of merchandise subject to— Paragraph (1) shall not apply with respect to altered merchandise if the administering authority determines that it would be unnecessary to consider the altered merchandise within the scope of the investigation, order, or finding. For purposes of determining whether merchandise developed after an investigation is initiated under this subtitle or section 1303 1 of this title (hereafter in this paragraph referred to as the “later-developed merchandise”) is within the scope of an outstanding antidumping or countervailing duty order issued under this subtitle or section 1303 1 of this title as a result of such investigation, the administering authority shall consider whether— The administering authority may not exclude a later-developed merchandise from a countervailing or antidumping duty order merely because the merchandise— Before making a determination— After receiving notice under paragraph (1), the Commission may request consultations with the administering authority regarding the inclusion. Upon the request of the Commission, the administering authority shall consult with the Commission and any such consultation shall be completed within 15 days after the date of the request. If the Commission believes, after consultation under paragraph (2), that a significant injury issue is presented by the proposed inclusion, the Commission may provide written advice to the administering authority as to whether the inclusion would be inconsistent with the affirmative determination of the Commission on which the order or finding is based. If the Commission decides to provide such written advice, it shall promptly notify the administering authority of its intention to do so, and must provide such advice within 60 days after the date of notification under paragraph (1). For purposes of formulating its advice with respect to merchandise completed or assembled in the United States from parts or components produced in a foreign country, the Commission shall consider whether the inclusion of such parts or components taken as a whole would be inconsistent with its prior affirmative determination. The administering authority shall, to the maximum extent practicable, make the determinations under this section within 300 days from the date of the initiation of a countervailing duty or antidumping circumvention inquiry under this section.