---
kind: "section"
citation: "19 U.S.C. § 1675b"
title: "19"
title_heading: "Customs Duties"
number: "1675b"
heading: "Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investigations"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/1675b"
units:
  - "Chapter 4 — Tariff Act of 1930"
  - "Subtitle IV — Countervailing and Antidumping Duties"
  - "Part III — Reviews; Other Actions Regarding Agreements"
  - "Subpart a — review of amount of duty and agreements other than quantitative restriction agreements"
---

# §1675b. Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investigations

- (a) **In general—**
  - (1) **Investigation by the commission upon request—** In the case of a countervailing duty order described in [paragraph (2)](#a-2), which—
    - (A) applies to merchandise that is the product of a [Subsidies Agreement](/usc/19/1677.md?p=8-A) [country](/usc/19/1677.md?p=3), and
    - (B)
      - (i) is in effect on the date on which such [country](/usc/19/1677.md?p=3) becomes a [Subsidies Agreement](/usc/19/1677.md?p=8-A) [country](/usc/19/1677.md?p=3), or
      - (ii) is issued on a date that is after the date described in [clause (i)](#a-1-B-i) pursuant to a court order in an action brought under [section 1516a of this title](/usc/19/1516a.md),

    the [Commission](/usc/19/1677.md?p=2), upon receipt of a request from an [interested party](/usc/19/1677.md?p=9) described in [section 1677(9)(C)](/usc/19/1677.md?p=9-C), (D), (E), (F), or (G) of this title for an injury investigation with respect to such order, shall initiate an investigation and shall determine whether an [industry](/usc/19/1677.md?p=4-A) in the [United States](/usc/19/1683.md?p=9) is likely to be materially injured by reason of imports of the [subject merchandise](/usc/19/1677.md?p=25) if the order is revoked.

  - (2) **Description of countervailing duty orders—** A countervailing duty order described in this paragraph is an order issued under [section 1303](/usc/19/1303.md)[^1] of this title or [section 1671(c) of this title](/usc/19/1671.md?p=c) with respect to which the requirement of an affirmative determination of [material injury](/usc/19/1677.md?p=7-A) was not applicable at the time such order was issued.
  - (3) **Requirements of request for investigation—** A request for an investigation under this subsection shall be submitted—
    - (A) in the case of an order described in [paragraph (1)(B)(i)](#a-1-B-i), within 6 months after the date on which the [country](/usc/19/1677.md?p=3) described in [paragraph (1)(A)](#a-1-A) becomes a [Subsidies Agreement](/usc/19/1677.md?p=8-A) [country](/usc/19/1677.md?p=3), or
    - (B) in the case of an order described in [paragraph (1)(B)(ii)](#a-1-B-ii), within 6 months after the date the order is issued.
  - (4) **Suspension of liquidation—** With respect to [entries](/usc/19/1677.md?p=23) of [subject merchandise](/usc/19/1677.md?p=25) made on or after—
    - (A) in the case of an order described in [paragraph (1)(B)(i)](#a-1-B-i), the date on which the [country](/usc/19/1677.md?p=3) described in [paragraph (1)(A)](#a-1-A) becomes a [Subsidies Agreement](/usc/19/1677.md?p=8-A) [country](/usc/19/1677.md?p=3), or
    - (B) in the case of an order described in [paragraph (1)(B)(ii)](#a-1-B-ii), the date on which the order is issued,

    liquidation shall be suspended at the cash deposit rate in effect on the date described in subparagraph [(A)](#a-4-A) or [(B)](#a-4-B) (whichever is applicable).

- (b) **Investigation procedure and schedule—**
  - (1) **Commission procedure—**
    - (A) **In general—** Except as otherwise provided in this section, the provisions of this subtitle regarding evidence in and procedures for investigations conducted under part I of this subtitle shall apply to investigations conducted by the [Commission](/usc/19/1677.md?p=2) under this section.
    - (B) **Time for Commission determination—** Except as otherwise provided in [subparagraph (C)](#b-1-C), the [Commission](/usc/19/1677.md?p=2) shall issue its determination under [subsection (a)(1)](#a-1), to the extent possible, not later than 1 year after the date on which the investigation is initiated under this section.
    - (C) **Special rule to permit administrative flexibility—** In the case of requests for investigations received under this section within 1 year after the date on which the [WTO Agreement](/usc/19/1677.md?p=29) enters into force with respect to the [United States](/usc/19/1683.md?p=9), the [Commission](/usc/19/1677.md?p=2) may, after consulting with the [administering authority](/usc/19/1677.md?p=1), initiate its investigations in a manner that results in determinations being made in all such investigations during the 4-year period beginning on such date.
  - (2) **Net countervailable subsidy; nature of subsidy—**
    - (A) **Net countervailable subsidy—** The [administering authority](/usc/19/1677.md?p=1) shall provide to the [Commission](/usc/19/1677.md?p=2) the net countervailable subsidy that is likely to prevail if the order which is the subject of the investigation is revoked. The [administering authority](/usc/19/1677.md?p=1) normally shall choose a net countervailable subsidy that was determined under [section 1671d of this title](/usc/19/1671d.md) or subsection (a) or (b)(1) of [section 1675 of this title](/usc/19/1675.md). If the [Commission](/usc/19/1677.md?p=2) considers the magnitude of the net countervailable subsidy in making its determination under this section, the [Commission](/usc/19/1677.md?p=2) shall use the net countervailable subsidy provided by the [administering authority](/usc/19/1677.md?p=1).
    - (B) **Nature of subsidy—** The [administering authority](/usc/19/1677.md?p=1) shall inform the [Commission](/usc/19/1677.md?p=2) of, and the [Commission](/usc/19/1677.md?p=2), in making its determination under this section, shall consider, the nature of the countervailable subsidy and whether the countervailable subsidy is a subsidy described in Article 3 or Article 6.1 of the [Subsidies Agreement](/usc/19/1677.md?p=8-A).
  - (3) **Effect of Commission determination—**
    - (A) **Affirmative determination—** Upon being notified by the [Commission](/usc/19/1677.md?p=2) that it has made an affirmative determination under [subsection (a)(1)](#a-1)—
      - (i) the [administering authority](/usc/19/1677.md?p=1) shall order the termination of the suspension of liquidation required pursuant to [subsection (a)(4)](#a-4), and
      - (ii) the countervailing duty order shall remain in effect until revoked, in whole or in part, under [section 1675(d) of this title](/usc/19/1675.md?p=d).

      For purposes of [section 1675(c) of this title](/usc/19/1675.md?p=c), a countervailing duty order described in this section shall be treated as issued on the date of publication of the [Commission](/usc/19/1677.md?p=2)’s determination under this subsection.

    - (B) **Negative determination—**
      - (i) **In general—** Upon being notified by the [Commission](/usc/19/1677.md?p=2) that it has made a negative determination under [subsection (a)(1)](#a-1), the [administering authority](/usc/19/1677.md?p=1) shall revoke the countervailing duty order, and shall refund, with interest, any estimated countervailing duties collected during the period liquidation was suspended pursuant to [subsection (a)(4)](#a-4).
      - (ii) **Limitation on negative determination—** A determination by the [Commission](/usc/19/1677.md?p=2) that revocation of the order is not likely to result in [material injury](/usc/19/1677.md?p=7-A) to an [industry](/usc/19/1677.md?p=4-A) by reason of imports of the [subject merchandise](/usc/19/1677.md?p=25) shall not be based, in whole or in part, on any export taxes, duties, or other charges levied on the export of the [subject merchandise](/usc/19/1677.md?p=25) to the [United States](/usc/19/1683.md?p=9) that were specifically intended to offset the countervailable subsidy received.
  - (4) **Countervailing duty orders with respect to which no request for injury investigation is made—** If, with respect to a countervailing duty order described in [subsection (a)](#a), a request for an investigation is not made within the time required by [subsection (a)(3)](#a-3), the [Commission](/usc/19/1677.md?p=2) shall notify the [administering authority](/usc/19/1677.md?p=1) that a negative determination has been made under [subsection (a)](#a) and the provisions of [paragraph (3)(B)](#b-3-B) shall apply with respect to the order.
- (c) **Pending and suspended countervailing duty investigations—** If, on the date on which a [country](/usc/19/1677.md?p=3) becomes a [Subsidies Agreement](/usc/19/1677.md?p=8-A) [country](/usc/19/1677.md?p=3), there is a countervailing duty investigation in progress or suspended under [section 1303](/usc/19/1303.md)[^1] of this title or [section 1671(c) of this title](/usc/19/1671.md?p=c) that applies to merchandise which is a product of that [country](/usc/19/1677.md?p=3) and with respect to which the requirement of an affirmative determination of [material injury](/usc/19/1677.md?p=7-A) was not applicable at the time the investigation was initiated, the [Commission](/usc/19/1677.md?p=2) shall—
  - (1) in the case of an investigation in progress, make a final determination under [section 1671d(b) of this title](/usc/19/1671d.md?p=b) within 75 days after the date of an affirmative final determination, if any, by the [administering authority](/usc/19/1677.md?p=1),
  - (2) in the case of a suspended investigation to which [section 1671c(i)(1)(B) of this title](/usc/19/1671c.md?p=i-1-B) applies, make a final determination under [section 1671d(b) of this title](/usc/19/1671d.md?p=b) within 120 days after receiving notice from the [administering authority](/usc/19/1677.md?p=1) of the resumption of the investigation pursuant to [section 1671c(i) of this title](/usc/19/1671c.md?p=i), or within 45 days after the date of an affirmative final determination, if any, by the [administering authority](/usc/19/1677.md?p=1), whichever is later, or
  - (3) in the case of a suspended investigation to which [section 1671c(i)(1)(C) of this title](/usc/19/1671c.md?p=i-1-C) applies, treat the countervailing duty order issued pursuant to such section as if it were—
    - (A) an order issued under [subsection (a)(1)(B)(ii)](#a-1-B-ii) for purposes of [subsection (a)(3)](#a-3); and
    - (B) an order issued under [subsection (a)(1)(B)(i)](#a-1-B-i) for purposes of [subsection (a)(4)](#a-4).
- (d) **Publication in Federal Register—** The [administering authority](/usc/19/1677.md?p=1) or the [Commission](/usc/19/1677.md?p=2), as the case may be, shall publish in the Federal Register a notice of the initiation of any investigation, and a notice of any determination or revocation, made pursuant to this section.
- (e) **Request for simultaneous expedited review under section 1675(c)—**
  - (1) **General rule—**
    - (A) **Requests for reviews—** Notwithstanding [section 1675(c)(6)(A) of this title](/usc/19/1675.md?p=c-6-A) and except as provided in [subparagraph (B)](#e-1-B), an [interested party](/usc/19/1677.md?p=9) may request a review of an order under [section 1675(c) of this title](/usc/19/1675.md?p=c) at the same time the party requests an investigation under [subsection (a)](#a), if the order involves the same or comparable [subject merchandise](/usc/19/1677.md?p=25). Upon receipt of such request, the [administering authority](/usc/19/1677.md?p=1), after consulting with the [Commission](/usc/19/1677.md?p=2), shall initiate a review of the order under [section 1675(c) of this title](/usc/19/1675.md?p=c). The [Commission](/usc/19/1677.md?p=2) shall combine such review with the investigation under this section.
    - (B) **Exception—** If the [administering authority](/usc/19/1677.md?p=1) determines that the [interested party](/usc/19/1677.md?p=9) who requested an investigation under this section is a related party or an importer within the meaning of [section 1677(4)(B) of this title](/usc/19/1677.md?p=4-B), the [administering authority](/usc/19/1677.md?p=1) may decline a request by such party to initiate a review of an order under [section 1675(c) of this title](/usc/19/1675.md?p=c) which involves the same or comparable [subject merchandise](/usc/19/1677.md?p=25).
  - (2) **Cumulation—** If a review under [section 1675(c) of this title](/usc/19/1675.md?p=c) is initiated under [paragraph (1)](#e-1), such review shall be treated as having been initiated on the same day as the investigation under this section, and the [Commission](/usc/19/1677.md?p=2) may, in accordance with [section 1677(7)(G) of this title](/usc/19/1677.md?p=7-G), cumulatively assess the volume and effect of imports of the [subject merchandise](/usc/19/1677.md?p=25) from all [countries](/usc/19/1677.md?p=3) with respect to which such investigations are treated as initiated on the same day.
  - (3) **Time and procedure for Commission determination—** The [Commission](/usc/19/1677.md?p=2) shall render its determination in the investigation conducted under this section at the same time as the [Commission](/usc/19/1677.md?p=2)’s determination is made in the review under [section 1675(c) of this title](/usc/19/1675.md?p=c) that is initiated pursuant to this subsection. The [Commission](/usc/19/1677.md?p=2) shall in all other respects apply the procedures and [standards](/usc/19/2576b.md?p=5) set forth in [section 1675(c) of this title](/usc/19/1675.md?p=c) to such [section 1675(c) of this title](/usc/19/1675.md?p=c) reviews.

## Footnotes

[^1]: See References in Text note below.

## Source credit

(June 17, 1930, ch. 497, title VII, § 753, as added Pub. L. 103–465, title II, § 271(a), Dec. 8, 1994, 108 Stat. 4918; amended Pub. L. 104–295, § 39, Oct. 11, 1996, 110 Stat. 3540.)

## Notes

### Editorial Notes

### References in Text

Section 1303 of this title, referred to in subsecs. (a)(2) and (c), is defined in section 1677(26) of this title to mean section 1303 as in effect on the day before Jan. 1, 1995.

### Amendments

1996—Pub. L. 104–295, § 39(1), inserted “or section 1671(c)” after “section 1303” in section catchline.

Subsecs. (a)(2), (c). Pub. L. 104–295 inserted “or section 1671(c) of this title” after “section 1303 of this title” and struck out “under section 1303(a)(2) of this title” after “material injury”.

### Statutory Notes and Related Subsidiaries

### Effective Date

Section effective, 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 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title.

### Executive Documents

### Uruguay Round Agreements: Entry Into Force

The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title.