19 U.S.C. § 4587 — Identification of industries facing subsidized imports

(a) Petitions. An entity that represents a United States industry—including a trade association, firm, certified or recognized union, or group of workers—may file a petition with the Trade Representative asking that the industry be identified under this section. The entity must have reason to believe both of the following: (1) the industry is likely to face increased competition from subsidized imports with which it directly competes, either (A) from a USMCA country as a result of implementing the USMCA, or (B) from another country that the President designates, after consulting Congress, as benefiting from reduced tariffs or other trade barriers under a trade agreement that enters into force for the United States after January 1, 1994; and (2) the industry is likely to suffer a decline in its competitive position before more effective rules and limits on government subsidies have been developed for the country involved. This section does not define “USMCA,” “subsidized imports,” “United States industry,” or “competitive position.” (b) Identification of industry. Within 90 days after receiving a petition under subsection (a), the Trade Representative, consulting with the Secretary of Commerce, must decide whether to identify the industry. The decision must be based on whether there is a reasonable likelihood that the industry may face both the subsidization described in subsection (a)(1) and the decline described in subsection (a)(2). (c) Action after identification. At the request of an entity representing an industry identified under subsection (b), the Trade Representative must do one of the following: (1) compile and make available to the industry information under section 2418 of this title; (2) recommend to the President that the President request an investigation by the International Trade Commission under section 332 of the Tariff Act of 1930 (19 U.S.C. 1332); or (3) take the actions described in both paragraphs (1) and (2). The industry may ask the Trade Representative to take appropriate action to update any information obtained under paragraph (1) or (2), or both, as often as once a year. The industry may make these update requests until the United States and the USMCA countries reach an agreement on more effective rules and limits relating to government subsidies. (d) Initiation of action under other law. (1) In general. The Trade Representative and the Secretary of Commerce must review the information obtained under subsection (c) and consult with the industry identified under subsection (b). They must do this to decide whether any action is appropriate: (A) under section 2411 of this title, including starting an investigation under section 2412(c) of this title, in the case of the Trade Representative; or (B) under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), including starting an investigation under section 702(a) of that Act (19 U.S.C. 1671a(a)), in the case of the Secretary of Commerce. (2) Criteria for initiation. When deciding whether to start an investigation under section 2411 of this title or under any other trade law, except title VII of the Tariff Act of 1930, the Trade Representative, after consulting with the Secretary of Commerce: (A) must seek advice from the advisory committees established under section 2155 of this title; (B) must consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives; (C) must coordinate with the interagency organization established under section 1872 of this title; and (D) may ask the President to request advice from the International Trade Commission. (3) Title III actions. If an investigation is started under section 2412(c) of this title as a result of a review under this subsection, and the Trade Representative decides, after that investigation—including any applicable dispute-settlement proceedings under the USMCA or another trade agreement—to take action under section 2411(a) of this title, the Trade Representative must give preference to actions that most directly affect the products that benefit from government subsidies and were the subject of the investigation. This preference requirement does not apply if those products have no significant imports, or if the Trade Representative otherwise decides that applying the action to other products would be more effective. This section does not define “Title III actions,” “government subsidies,” or “significant imports.” (e) Effect of decisions. Any decision under this section, whether positive or negative, and any action by the Trade Representative or the Secretary of Commerce under this section must not in any way: (1) prejudice an industry’s right to file a petition under any trade law; (2) prejudice, affect, or replace any proceeding, investigation, determination, or action by the Secretary of Commerce, the International Trade Commission, or the Trade Representative under such a petition; or (3) prejudice, affect, replace, or eliminate any proceeding, investigation, or determination under section 2411 of this title, title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.), or any other trade law. (f) Standing. Nothing in this section may be read to change in any way the standing requirements under any law of the United States that were in effect before January 29, 2020, or to add any additional standing requirements under any law of the United States. This section does not define “standing.”