19 U.S. Code § 1677i - Downstream product monitoring
(a) Petition requesting monitoring
(1) In general
A domestic producer of an article that is like a component part or a downstream product may petition the administering authority to designate a downstream product for monitoring under subsection (b) of this section. The petition shall specify—
(2) Determination regarding petition
Within 14 days after receiving a petition submitted under paragraph (1), the administering authority shall determine—
(A) whether there is a reasonable likelihood that imports into the United States of the downstream product will increase as an indirect result of any diversion with respect to the component part, and
(i) the component part is already subject to monitoring to aid in the enforcement of a bilateral arrangement (within the meaning of section 804 of the Trade and Tariff Act of 1984),
(ii) merchandise related to the component part and manufactured in the same foreign country in which the component part is manufactured has been the subject of a significant number of investigations suspended under section 1671c or 1673c of this title or countervailing or antidumping duty orders issued under this subtitle or section 1303  of this title, or
(iii) merchandise manufactured or exported by the manufacturer or exporter of the component part that is similar in description and use to the component part has been the subject of at least 2 investigations suspended under section 1671c or 1673c of this title or countervailing or antidumping duty orders issued under this subtitle or section 1303  of this title.
(3) Factors to take into account
In making a determination under paragraph (2)(A), the administering authority may, if appropriate, take into account such factors as—
(B) the extent to which the component part has been substantially transformed as a result of its incorporation into the downstream product, and
(4) Publication of determination
The administering authority shall publish in the Federal Register notice of each determination made under paragraph (2) and, if the determination made under paragraph (2)(A) and a determination made under any subparagraph of paragraph (2)(B) are affirmative, shall transmit a copy of such determinations and the petition to the Commission.
(b) Monitoring by Commission
(1) In general
If the determination made under subsection (a)(2)(A) of this section and a determination made under any clause of subsection (a)(2)(B) of this section with respect to a petition are affirmative, the Commission shall immediately commence monitoring of trade in the downstream product that is the subject of the determination made under subsection (a)(2)(A) of this section. If the Commission finds that imports of a downstream product being monitored increased during any calendar quarter by 5 percent or more over the preceding quarter, the Commission shall analyze that increase in the context of overall economic conditions in the product sector.
(c) Action on basis of monitoring reports
The administering authority shall review the information in the reports submitted by the Commission under subsection (b)(2) of this section and shall—
(1) consider the information in determining whether to initiate an investigation under section 1671a (a) or 1673a (a) of this title regarding any downstream product, and
For purposes of this section—
(1) The term “component part” means any imported article that—
(A) during the 5-year period ending on the date on which the petition is filed under subsection (a) of this section, has been subject to—
(i) a countervailing or antidumping duty order issued under this subtitle or section 1303  of this title that requires the deposit of estimated countervailing or antidumping duties imposed at a rate of at least 15 percent ad valorem, or
(ii) an agreement entered into under section 1671c, 1673c, or 1303  of this title after a preliminary affirmative determination under section 1671b (b), 1673b (b)(1), or 1303  of this title was made by the administering authority which included a determination that the estimated net countervailable subsidy was at least 15 percent ad valorem or that the estimated average amount by which the normal value exceeded the export price (or the constructed export price) was at least 15 percent ad valorem, and
 See References in Text note below.
Source(June 17, 1930, ch. 497, title VII, § 780, as added Pub. L. 100–418, title I, § 1320(a),Aug. 23, 1988, 102 Stat. 1189; amended Pub. L. 103–465, title II, §§ 233(a)(1)(E), (2)(A)(vi), 261 (d)(1)(B)(iv), 270 (a)(1)(M),Dec. 8, 1994, 108 Stat. 4898, 4910, 4917.)
References in Text
Section 804 of the Trade and Tariff Act of 1984, referred to in subsec. (a)(2)(B)(i), is section 804 ofPub. L. 98–573, which is set out as a note under section 2253 of this title.
Section 1303 of this title, referred to in subsecs. (a)(2)(B)(ii), (iii) and (d)(1)(A)(i), (ii), is defined in section 1677 (26) of this title to mean section 1330 as in effect on the day before Jan. 1, 1995.
1994—Subsec. (c)(1). Pub. L. 103–465, § 261(d)(1)(B)(iv), substituted “or 1673a(a)” for “, 1673a(a), or 1303”.
Subsec. (d)(1)(A)(ii). Pub. L. 103–465, § 270(a)(1)(M), inserted “countervailable” before “subsidy”.
Pub. L. 103–465, § 233(a)(1)(E), (2)(A)(vi), substituted “normal value” for “foreign market value” and “export price (or the constructed export price)” for “United States price”.
Effective Date of 1994 Amendment
Amendment by sections 233(a)(1)(E), (2)(A)(vi) and 270(a)(1)(M) ofPub. L. 103–465effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 ofPub. L. 103–465, set out as a note under section 1671 of this title.
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