Antidumping petitions by third countries

19 U.S.C. § 1677n

• Title: 19 — Customs Duties
• Subtitle: IV
• Chapter: 4 — TARIFF ACT OF 1930
• Part: IV

Text

(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).
(c) Determinations
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.

History

(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.)

Editorial Notes

Editorial Notes

Amendments
1996—Subsec. (f). Pub. L. 104–295 substituted "subsection (e)" for "subsection (d)".

Statutory Notes and Related Subsidiaries

Effective Date
Section effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title.

Editorial Notes

Codification
Pub. L. 109–432, div. C, title IV, §401(e)(4)(A), Dec. 20, 2006, 120 Stat. 3049, inserted "AND SMOKELESS TOBACCO PRODUCTS" after "CIGARETTES" in subtitle heading.
Subtitle is comprised of title VIII of act June 17, 1930, as added by Pub. L. 106–476, title IV, §4004(a), Nov. 9, 2000, 114 Stat. 2178. Another title VIII of act June 17, 1930, was added by Pub. L. 110–246, title III, §3301(a), June 18, 2008, 122 Stat. 1844, and is classified to subtitle VI (§1683 et seq.) of this chapter.