Establishment of special rules for determination of material injury in the case of successive antidumping and countervailing duty investigations

(a) In general Section 771(7) of the Tariff Act of 1930 (19 U.S.C. 1677(7)) is amended— (1) by redesignating subparagraphs (E) through (J) as subparagraphs (F) through (K), respectively; (2) in subparagraph (I), as redesignated by paragraph (1)— (A) by striking subparagraph (G)(ii) and inserting subparagraph (H)(ii); and (B) by striking subparagraph (F) and inserting subparagraph (G); and (3) by inserting after subparagraph (D) the following: (E) Special rules for successive investigations (i) In general (I) Evaluation of impact on domestic industry In evaluating the impact of imports of the merchandise on producers of domestic like products under subparagraph (C)(iii), the Commission shall— (aa) consider the condition of the domestic industry as found in a recently completed investigation; (bb) consider the effect of a concurrent investigation or recently completed investigation on trade and the financial performance of the domestic industry, including whether the imports are likely to lead to the continuation or recurrence of material injury determined by the Commission in any concurrent investigation or recently completed investigation; and (cc) include in the record any prior injury determinations by the Commission with respect to imports of the merchandise. (II) Effect of recent improvement on material injury determination For the purposes of this subparagraph, the Commission may not find that there is no material injury or threat of material injury to a domestic industry solely based on recent improvements in the industry’s performance, such as an increase in sales, market share, or profitability of domestic producers, that are related to relief granted pursuant to a concurrent investigation or recently completed investigation. (ii) Retroactive application of final determination In making any finding under section 705(b)(4)(A) or 735(b)(4)(A) in a successive investigation, the Commission shall consider that a concurrent investigation or recently completed investigation contributes to the likelihood that the remedial effect of the countervailing duty order to be issued under section 706 or the antidumping duty order to be issued under section 736 will be seriously undermined.. (b) Definitions Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by adding at the end the following: (37) Treatment of successive investigations For purposes of paragraph (7)(E) and sections 702(f), 732(f), and 784: (A) Concurrent investigation The term concurrent investigation means an ongoing investigation in which an affirmative determination under section 703(a) or 733(a) has been made by the Commission with respect to imports of a class or kind of merchandise that are the same or similar to imports of a class or kind of merchandise that are the subject of a successive investigation. (B) Recently completed investigation The term recently completed investigation means a completed investigation in which an affirmative determination under section 705(b) or 735(b) was issued by the Commission with respect to imports of a class or kind of merchandise that are the same or similar to imports of a class or kind of merchandise that are the subject of a successive investigation not more than 2 years before the date of initiation of the successive investigation. (C) Successive investigation The term successive investigation means an investigation that has been initiated by the administering authority following a petition filed pursuant to section 702(f) or 732(f)..