multiple offender

(1) Period of antidumping duty investigation (A) In general Except as provided in subparagraph (B), within 140 days after the date on which the administering authority initiates an investigation under section 1673a(c) of this title , or an investigation is initiated under section 1673a(a) of this title , but not before an affirmative determination by the Commission under subsection (a) of this section, the administering authority shall make a determination, based upon the information available to it at the time of the determination, of whether there is a reasonable basis to believe or suspect that the merchandise is being sold, or is likely to be sold, at less than fair value. (B) If certain short life cycle merchandise involved If a petition filed under section 1673a(b) of this title , or an investigation initiated under section 1673a(a) of this title , concerns short life cycle merchandise that is included in a product category established under section 1673h(a) of this title , subparagraph (A) shall be applied— (i) by substituting “100 days” for “140 days” if manufacturers that are second offenders account for a significant proportion of the merchandise under investigation, and (ii) by substituting “80 days” for “140 days” if manufacturers that are multiple offenders account for a significant proportion of the merchandise under investigation. (C) Definitions of offenders For purposes of subparagraph (B)— (i) The term “second offender” means a manufacturer that is specified in 2 affirmative dumping determinations (within the meaning of section 1673h of this title ) as the manufacturer of short life cycle merchandise that is— (I) specified in both such determinations, and (II) within the scope of the product category referred to in subparagraph (B). (ii) The term “multiple offender” means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of section 1673h of this title ) as the manufacturer of short life cycle merchandise that is— (I) specified in each of such determinations, and (II) within the scope of the product category referred to in subparagraph (B).

Source

19 USC § 1673b(b)(1)


Scoping language

None identified, default scope is assumed to be the parent (part II) of this section.
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