19 U.S.C. § 1676a — Required determinations
submitted 96 years ago by Pub. L. 98-573 to r/title-19-CUSTOMS-DUTIES · 308 words · no verdicts yet
Before certain quantitative restriction agreements expire, the administering authority must investigate the subsidy if the President directs it, and the Commission must examine likely injury. If both determinations are affirmative, a countervailing duty order follows when the agreement ends.
(a) In general. Before the expiration date of a quantitative restriction agreement accepted under section 1671c(a)(2) or (c)(3), if the related investigation is still suspended: (1) at the President’s direction, the administering authority must begin a proceeding to decide whether the subject merchandise is receiving a countervailable subsidy and, if so, its net amount; and (2) if that proceeding begins, the Commission must decide whether ending the agreement would materially injure or threaten material injury to a United States industry, or materially delay establishing one.
(b) Determinations. The administering authority and the Commission must use procedures set by their regulations. Their determinations are treated as final determinations under section 1671d for judicial review under section 1516a. If both determinations are affirmative, the administering authority must (1) issue a countervailing duty order under section 1671e effective for merchandise entered on or after the agreement ends, and (2) order liquidation suspended for covered merchandise entered or withdrawn from a warehouse for consumption on or after the order is published in the Federal Register.
(c) Hearings. The required procedures must allow either agency, upon an interested party’s request, to hold a hearing under section 1677c on the issues involved.
Before the expiration date, if any, of a quantitative restriction agreement accepted under section 1671c(a)(2) or 1671c(c)(3) of this title (if suspension of the related investigation is still in effect)—
the administering authority shall, at the direction of the President, initiate a proceeding to determine whether any countervailable subsidy is being provided with respect to the subject merchandise and, if being so provided, the net countervailable subsidy; and
if the administering authority initiates a proceeding under paragraph (1), the Commission shall determine whether imports of the merchandise of the kind subject to the agreement will, upon termination of the agreement, materially injure, or threaten with material injury, an industry in the United States or materially retard the establishment of such an industry.
The determinations required to be made by the administering authority and the Commission under subsection (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regulation prescribe, and shall be treated as final determinations made under section 1671d of this title for purposes of judicial review under section 1516a of this title. If the determinations by each are affirmative, the administering authority shall—
issue a countervailing duty order under section 1671e of this title effective with respect to merchandise entered on and after the date on which the agreement terminates; and
order the suspension of liquidation of all entries of subject merchandise which are entered, or withdrawn from warehouse for consumption, on or after the date of publication of the order in the Federal Register.
The determination proceedings required to be prescribed under subsection (b) shall provide that the administering authority and the Commission must, upon the request of any interested party, hold a hearing in accordance with section 1677c of this title on the issues involved.
Source credit: (June 17, 1930, ch. 497, title VII, § 762, as added Pub. L. 98–573, title VI, § 611(a)(4), Oct. 30, 1984, 98 Stat. 3032; amended Pub. L. 103–465, title II, §§ 233(a)(5)(Z), (AA), 270(a)(1)(J), Dec. 8, 1994, 108 Stat. 4900, 4917.)
- 1930Enacted · Pub. L. 98-573 · 98 Stat. 3032
- 1994Amended · Pub. L. 103-465 · 108 Stat. 4900, 4917
A history note hasn’t been published yet. The record shows enactment by Pub. L. 98-573 on 1930-06-17.
all 0 arguments · sorted by: best
no arguments yet — make the first case