(b)
Definitions
For purposes of this section—
(1)
Eligible domestic entity
The term “eligible domestic entity” means a manufacturer or producer in the United States, or a certified union or recognized union or group of workers which is representative of an industry in the United States, that manufactures or produces short life cycle merchandise that is—
(A)
like or directly competitive with other merchandise that is the subject of 2 or more affirmative dumping determinations, or
(B)
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.
(2)
Affirmative dumping determination
The term “affirmative dumping determination” means—
(A)
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
(B)
any affirmative preliminary determination that—
(i)
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
(ii)
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.
(3)
Subject of affirmative dumping determination
(A)
In general
Short life cycle merchandise of a manufacturer shall be treated as being the subject of an affirmative dumping determination only if the administering authority—
(i)
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
(ii)
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.
(B)
Exclusion
Short life cycle merchandise of a manufacturer shall not be treated as being the subject of an affirmative dumping determination if—
(i)
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
(ii)
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.
(4)
Short life cycle merchandise
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.