Third-country dumping

Source Credit

(a) Definitions
For purposes of this section:
(1)(A) The term "Agreement" means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures).
(B) The term "GATT 1994" has the meaning given that term in section 3501(1)(B) of this title.
(2) The term "Agreement country" means a foreign country that has accepted the Agreement.
(3) The term "Trade Representative" means the United States Trade Representative.
(b) Petition by domestic industry
(1) A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that—
(A) such merchandise is being dumped in an Agreement country; and
(B) such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping;
submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on behalf of the domestic industry.
(2) A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition.
(c) Application for antidumping action on behalf of domestic industry
(1) If the Trade Representative, on the basis of the information contained in a petition submitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall submit to the appropriate authority of the Agreement country where the alleged dumping is occurring an application pursuant to Article 12 of the Agreement which requests that appropriate antidumping action under the law of that country be taken, on behalf of the United States, with respect to imports into that country of the merchandise concerned.
(2) At the request of the Trade Representative, the appropriate officers of the Department of Commerce and the United States International Trade Commission shall assist the Trade Representative in preparing the application under paragraph (1).
(d) Consultation after submission of application
After submitting an application under subsection (c)(1), the Trade Representative shall seek consultations with the appropriate authority of the Agreement country regarding the request for antidumping action.
(e) Action upon refusal of Agreement country to act
If the appropriate authority of an Agreement country refuses to undertake antidumping measures in response to a request made therefor by the Trade Representative under subsection (c), the Trade Representative shall promptly consult with the domestic industry on whether action under any other law of the United States is appropriate.

History

(Pub. L. 100–418, title I, §1317, Aug. 23, 1988, 102 Stat. 1188; Pub. L. 103–465, title VI, §621(a)(1), Dec. 8, 1994, 108 Stat. 4992.)

Editorial Notes

Editorial Notes

Codification
Section was enacted as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of the Tariff Act of 1930 which comprises this chapter.

Amendments
1994—Subsec. (a)(1). Pub. L. 103–465 designated existing provisions as subpar. (A), substituted "GATT 1994" for "General Agreement on Tariffs and Trade", and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment
Pub. L. 103–465, title VI, §621(b), Dec. 8, 1994, 108 Stat. 4993, provided that: "The amendments made by this section [amending this section and sections 2171, 2411, 2702, 2905, 2906, 3107, 3111, and 3202 of this title] shall take effect on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995)."