1 2 3 4 5 6 14 States, (B) he has received bona fide assurances from the exporter that dumping will not be resumed, and (C) he concludes that the quantities of merchandise in volved in the sales of imported merchandise under investigation are insignificant. "(b) DISMISSAL DECISION.-The Secretary may de 7 cide within fifteen days after receiving a complaint that there 8 is no evidence to support it supplied by the complaint and 9 no evidence to support it available to the Secretary from 10 customs forms or other sources, and that any differential 11 between the prices at which the imported merchandise and 12 domestic merchandise of the relevant class or kind are offered 13 for sale in the United States cannot reasonably be attributed 14 in whole or in part to the possibility that either the purchase 15 price or the exporter's sales price of a class or kind of foreign 16 merchandise has been, is, or is likely to be, less than the for17 eign market value (or, in the absence of such value, than 18 the constructed value). If the Secretary so decides he shall 19 forthwith notify the complainant of his dismissal decision, 20 together with the reasons therefor and such of the supporting 21 information of the character required by subsection (c) of 22 this section as is available to the Secretary, without initiating 23 an antidumping proceeding or publishing any document in 24 the Federal Register. For purposes of subsection (j) of 25 this section such decision shall be considered a negative 15 1 dumping determination, published as of the date the com 2 plainant is notified. DUMPING DETERMINATION.-The 3 "(c) PROPOSED DUMPING 4 Secretary shall obtain sufficient information to enable him to 5 prepare for each antidumping proceeding at the earliest 6 practicable time a proposed affirmative or negative dumping 7 determination which he shall publish in the Federal Register 8 and make reasonable effort to send to all known interested 9 parties. Where complaints have been consolidated in a 10 single antidumping proceeding, the Secretary may prepare 11 and publish a proposed negative dumping determination as 12 to a country or countries prior to the preparation and publi13 cation of any proposed affirmative dumping determination in 14 such consolidated antidumping proceeding. Each proposed 15 affirmative or negative dumping determination shall indicate 16 the specific data (such as manufacturers, dates, prices, dis17 counts, quantities, home consumption, cost of containers, taxes, duties, and commissions, as well as delivery, selling, 19 advertising, technical service, and other expenses, but not 20 including confidential costs used in ascertaining constructed 21 value in the absence of foreign market value or costs of manu22 facture used pursuant to sections 202 (b) (1) and 202 (c) 23 (1)) used by the Secretary and his computations and reason24 ing in arriving at and applying the concepts used in this 25 title (such as foreign market value, such or similar merchan 18 16 1 dise, purchase price, exporter's sales price, and constructed 2 value). If, in a particular antidumping proceeding, the dis3 closure of some of the detailed information required by this 4 subsection would, in the judgment of the Secretary, impede 5 his obtaining similar information in the future, he may so 6 declare in his proposed negative or affirmative dumping de7 termination and omit that information. If the Secretary does 8 withhold such information, however, he shall prepare for the use of the complainant a supplementary statement of the information required by this subsection which has been so withheld, and the reasons for so withholding. The information in such supplementary statements shall not be published or otherwise be made public by the complainant, subject to such sanctions as may be established by the Secretary by regulation, but may be considered by a reviewing court as if otherwise a part of the record. "(d) ANTIDUMPING HEARING.-The Secretary shall accord an antidumping hearing by permitting any interested party to communicate in writing with the Secretary regard ing a proposed affirmative or negative dumping determina tion within thirty days after its publication in the Federal Register. This communication may include such matters as factual or legal argument, additional factual information in the form of affidavits or other documents, and requests for informal conferences or an oral antidumping hearing. The 17 1 Secretary may call for an oral antidumping hearing on his 2 own motion, or on the request of any interested party. Any 3 denial of a request for an oral antidumping hearing shall be 4 in writing with reasons. Notice of an oral antidumping hear5 ing, or denial of a request for one, shall be given to all known 6 interested parties and shall be published in the Federal 7 Register. Notice of an oral antidumping hearing shall state 8 the time and place of such hearing, and summarize or refer to 9 the Federal Register publications of the notice of the initia10 tion of the antidumping proceeding, and the proposed affirm11 ative or negative dumping determination. All interested 12 parties will be accorded at an oral antidumping hearing the 13 rights to counsel, to present evidence, and to conduct such 14 cross-examination as may be required for a full and fair dis15 closure of the facts. A transcript shall be made of all oral 16 antidumping hearings, and the Secretary may prescribe such 17 regulations as he deems necessary for their fair and orderly 18 conduct. The record in an antidumping hearing shall consist 19 of the notice of initiation of an antidumping proceeding, the 20 proposed affirmative or negative dumping determination, any 21 written communications between interested parties and the 22 Secretary regarding the proposed affirmative or negative de23 termination (unless the Secretary has made a judgment 24 regarding a given document, or part thereof, under the 18 1 standard of subsection (c) of this section, which shall then 2 be made available only to interested parties and a reviewing 3 court), the transcript of any oral antidumping hearing, the 4 affirmative or negative dumping determination, and any other 5 relevant documents the Secretary chooses to include on his 6 own motion or the request of any interested party after hav7 ing heard the parties to be affected. 8 "(e) DUMPING DETERMINATION.-The Secretary shall 9 prepare an affirmative or negative dumping determination and 10 shall publish it in the Federal Register. The Secretary shall 11 make reasonable effort to send copies to all known interested 12 13 14 parties. The contents of the affirmative or negative dump ing determination shall comply with the standards for a pro posed dumping determination contained in subsection (c) 15 of this section. In addition, it shall contain the Secretary's 16 reply to any new facts or arguments advanced during the 17 antidumping hearing pursuant to subsection (d) of this 18 section. The Secretary shall make his affirmative or nega19 tive dumping determination at the earliest practicable time 20 after receiving a complaint or complaints, but in no event 21 more than six months after such date, unless, within the said 22 six months, he shall have submitted a report to the chairman 23 of the Committee on Ways and Means of the House of Repre24 sentatives and to the chairman of the Committee on Finance 25 of the Senate stating the reasons why a longer period is re |