19 U.S.C. § 1673h: 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. identify the short life cycle merchandise that is the subject of the affirmative dumping determinations, specify the short life cycle merchandise that the petitioner seeks to have included in the same product category as the merchandise that is subject to the affirmative dumping determinations, specify any short life cycle merchandise the petitioner particularly seeks to have excluded from the product category, provide reasons for the inclusions and exclusions specified under clauses (ii) and (iii), and identify such merchandise in terms of the designations used in the Harmonized Tariff Schedule of the United States. request the administering authority to confirm promptly the affirmative determinations on which the petition is based, and upon receipt of such confirmation, determine whether the merchandise covered by the confirmed affirmative determinations is short life cycle merchandise and whether the petitioner is an eligible domestic entity. publish notice in the Federal Register that the petition has been received, and provide opportunity for the presentation of views regarding the establishment of the requested product category, including a public hearing if requested by any interested person. 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. published in the Federal Register notice of the proposed modification, and provided interested parties an opportunity for a hearing, and a period for the submission of written comments, on the classification of merchandise into the product categories to be affected by such determination. 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. like or directly competitive with other merchandise that is the subject of 2 or more affirmative dumping determinations, or is similar enough to such other merchandise as to be considered for inclusion with such merchandise in a product monitoring category established under this section. any affirmative final determination made by the administering authority under section 1673d(a) of this title during the 8-year period preceding the filing of the petition under this section that results in the issuance of an antidumping duty order under section 1673e of this title which requires the deposit of estimated antidumping duties at a rate of not less than 15 percent ad valorem, or is made by the administering authority under section 1673b(b) of this title during the 8-year period preceding the filing of the petition under this section in the course of an investigation for which no final determination is made under section 1673d of this title by reason of a suspension of the investigation under section 1673c of this title , and includes a determination that the estimated average amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise is not less than 15 percent ad valorem. makes a separate determination of the amount by which the normal value of such merchandise of the manufacturer exceeds the export price (or the constructed export price) of such merchandise of the manufacturer, and specifically identifies the manufacturer by name with such amount in the affirmative dumping determination or in an antidumping duty order issued as a result of the affirmative dumping determination. such merchandise of the manufacturer is part of a group of merchandise to which the administering authority assigns (in lieu of making separate determinations described in subparagraph (A)(i)(I)) an amount determined to be the amount by which the normal value of the merchandise in such group exceeds the export price (or the constructed export price) of the merchandise in such group, and the merchandise and the manufacturer are not specified by name in the affirmative dumping determination or in any antidumping duty order issued as a result of such affirmative dumping determination. 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. For purposes of this section and section 1673b(b)(1)(B) and (C) of this title, all affirmative dumping determinations described in subsection (b)(2)(A) that were made after December 31, 1980 , and before August 23, 1988 , and all affirmative dumping determinations described in subsection (b)(2)(B) that were made after December 31, 1984 , and before August 23, 1988 , with respect to each category of short life cycle merchandise of the same manufacturer shall be treated as one affirmative dumping determination with respect to that category for that manufacturer which was made on the date on which the latest of such determinations was made. is described in subsection (b)(2)(A) and was made before January 1, 1981 , or is described in subsection (b)(2)(B) and was made before January 1, 1985 ,