19 U.S.C. § 1677j: Prevention of circumvention of antidumping and countervailing duty orders

an antidumping duty order issued under section 1673e of this title , a finding issued under the Antidumping Act, 1921, or a countervailing duty order issued under section 1671e of this title or section 1303 1 of this title, 1 See References in Text note below. such merchandise sold in the United States is completed or assembled in the United States from parts or components produced in the foreign country with respect to which such order or finding applies, the process of assembly or completion in the United States is minor or insignificant, and the value of the parts or components referred to in subparagraph (B) is a significant portion of the total value of the merchandise, the level of investment in the United States, the level of research and development in the United States, the nature of the production process in the United States, the extent of production facilities in the United States, and whether the value of the processing performed in the United States represents a small proportion of the value of the merchandise sold in the United States. the pattern of trade, including sourcing patterns, whether the manufacturer or exporter of the parts or components is affiliated with the person who assembles or completes the merchandise sold in the United States from the parts or components produced in the foreign country with respect to which the order or finding described in paragraph (1) applies, and whether imports into the United States of the parts or components produced in such foreign country have increased after the initiation of the investigation which resulted in the issuance of such order or finding. an antidumping duty order issued under section 1673e of this title , a finding issued under the Antidumping Act, 1921, or a countervailing duty order issued under section 1671e of this title or section 1303 1 of this title, is subject to such order or finding, or is produced in the foreign country with respect to which such order or finding applies, the process of assembly or completion in the foreign country referred to in subparagraph (B) is minor or insignificant, the value of the merchandise produced in the foreign country to which the antidumping duty order applies is a significant portion of the total value of the merchandise exported to the United States, and the administering authority determines that action is appropriate under this paragraph to prevent evasion of such order or finding, the level of investment in the foreign country, the level of research and development in the foreign country, the nature of the production process in the foreign country, the extent of production facilities in the foreign country, and whether the value of the processing performed in the foreign country represents a small proportion of the value of the merchandise imported into the United States. the pattern of trade, including sourcing patterns, whether the manufacturer or exporter of the merchandise described in paragraph (1)(B) is affiliated with the person who uses the merchandise described in paragraph (1)(B) to assemble or complete in the foreign country the merchandise that is subsequently imported into the United States, and whether imports into the foreign country of the merchandise described in paragraph (1)(B) have increased after the initiation of the investigation which resulted in the issuance of such order or finding. an investigation under this subtitle, an antidumping duty order issued under section 1673e of this title , a finding issued under the Antidumping Act, 1921, or a countervailing duty order issued under section 1671e of this title or section 1303 1 of this title, 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. the later-developed merchandise has the same general physical characteristics as the merchandise with respect to which the order was originally issued (hereafter in this paragraph referred to as the “earlier product”), the expectations of the ultimate purchasers of the later-developed merchandise are the same as for the earlier product, the ultimate use of the earlier product and the later-developed merchandise are the same, the later-developed merchandise is sold through the same channels of trade as the earlier product, and the later-developed merchandise is advertised and displayed in a manner similar to the earlier product. is classified under a tariff classification other than that identified in the petition or the administering authority’s prior notices during the proceeding, or permits the purchaser to perform additional functions, unless such additional functions constitute the primary use of the merchandise and the cost of the additional functions constitute more than a significant proportion of the total cost of production of the merchandise. under subsection (a) with respect to merchandise completed or assembled in the United States (other than minor completion or assembly), under subsection (b) with respect to merchandise completed or assembled in other foreign countries, or under subsection (d) with respect to any later-developed merchandise which incorporates a significant technological advance or significant alteration of an earlier product, 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.