19 U.S.C. § 1677n — Antidumping petitions by third countries

submitted 96 years ago by Pub. L. 103-465 to r/title-19-CUSTOMS-DUTIES · 383 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section allows a WTO-member government to request a United States antidumping investigation. It assigns the fair-value and injury determinations and describes the order, review, comment, and information rules.

(a) The government of a WTO member may petition the Trade Representative for an investigation of whether (1) imports from another country are sold in the United States below fair value and (2) an industry in the petitioning country is materially injured because of those imports. (b) After consulting Commerce and the Commission and obtaining approval from the WTO Council for Trade in Goods, the Trade Representative decides whether to begin the investigation. (c) Once it begins, the Trade Representative must request determinations under requirements the Trade Representative specifies, despite other provisions of this subtitle: (1) the administering authority decides whether the goods are sold in the United States below fair value; and (2) the Commission decides whether the petitioning country’s industry is materially injured because of the imports. (d) The Trade Representative, and the administering authority and Commission when making their determinations, must provide public-comment opportunities as appropriate. (e) If both determinations are affirmative, the administering authority must issue an antidumping-duty order under section 1673e and take the actions that section requires. (f) If an order is issued, the determinations are treated as final section 1673d determinations for review under sections 1516a and 1675. (g) Section 1677f applies to these investigations to the extent the Trade Representative specifies after consulting Commerce and the Commission.

the actual law source: uscode.house.gov ↗public domain

(a) Filing of petition

The government of a WTO member may file with the Trade Representative a petition requesting that an investigation be conducted to determine if—

(1)

imports from another country are being sold in the United States at less than fair value, and

(2)

an industry in the petitioning country is materially injured by reason of those imports.

(b) Initiation

The Trade Representative, after consultation with the administering authority and the Commission and obtaining the approval of the WTO Council for Trade in Goods, shall determine whether to initiate an investigation described in subsection (a).

Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to substantive and procedural requirements specified by the Trade Representative, notwithstanding any other provision of this subtitle:

(1)

The administering authority shall determine whether imports into the United States of the subject merchandise are being sold at less than fair value.

(2)

The Commission shall determine whether an industry in the petitioning country is materially injured by reason of imports of the subject merchandise into the United States.

(d) Public comment

An opportunity for public comment shall be provided, as appropriate—

(1)

by the Trade Representative, in making the determination required by subsection (b), and

(2)

by the administering authority and the Commission, in making the determination required by subsection (c).

(e) Issuance of order

If the administering authority makes an affirmative determination under paragraph (1) of subsection (c), and the Commission makes an affirmative determination under paragraph (2) of subsection (c), the administering authority shall issue an antidumping duty order in accordance with section 1673e of this title and take such other actions as are required by section 1673e of this title.

(f) Reviews of determinations

For purposes of review under section 1516a of this title or review under section 1675 of this title, if an order is issued under subsection (e), the final determinations of the administering authority and the Commission under this section shall be treated as final determinations made under section 1673d of this title.

(g) Access to information

Section 1677f of this title shall apply to investigations under this section, to the extent specified by the Trade Representative, after consultation with the administering authority and the Commission.

Source credit: (June 17, 1930, ch. 497, title VII, § 783, as added Pub. L. 103–465, title II, § 232(a), Dec. 8, 1994, 108 Stat. 4897; amended Pub. L. 104–295, § 20(b)(17), Oct. 11, 1996, 110 Stat. 3528.)

history & why it existsrecord from the source credit

1930Enacted · Pub. L. 103-465 · 108 Stat. 4897
1996Amended · Pub. L. 104-295 · 110 Stat. 3528

A history note hasn’t been published yet. The record shows enactment by Pub. L. 103-465 on 1930-06-17.

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