§ 1516a. — Judicial review in countervailing duty and antidumping duty proceedings.
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From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 19USC1516a]
TITLE 19--CUSTOMS DUTIES
CHAPTER 4--TARIFF ACT OF 1930
SUBTITLE III--ADMINISTRATIVE PROVISIONS
Part III--Ascertainment, Collection, and Recovery of Duties
Sec. 1516a. Judicial review in countervailing duty and
antidumping duty proceedings
(a) Review of determination
(1) Review of certain determinations
Within 30 days after the date of publication in the Federal
Register of--
(A) a determination by the administering authority, under
1671a(c) \1\ or 1673a(c) of this title, not to initiate an
investigation,
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\1\ So in original. Probably should be preceded by ``section''.
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(B) a determination by the Commission, under section 1675(b)
of this title, not to review a determination based upon changed
circumstances,
(C) a negative determination by the Commission, under
section 1671b(a) or 1673b(a) of this title, as to whether there
is reasonable indication of material injury, threat of material
injury, or material retardation, or
(D) a final determination by the administering authority or
the Commission under section 1675(c)(3) of this title,
an interested party who is a party to the proceeding in connection
with which the matter arises may commence an action in the United
States Court of International Trade by filing concurrently a summons
and complaint, each with the content and in the form, manner, and
style prescribed by the rules of that court, contesting any factual
findings or legal conclusions upon which the determination is based.
(2) Review of determinations on record
(A) In general
Within thirty days after--
(i) the date of publication in the Federal Register of--
(I) notice of any determination described in clause
(ii), (iii), (iv), (v), or (viii) of subparagraph (B),
(II) an antidumping or countervailing duty order
based upon any determination described in clause (i) of
subparagraph (B), or
(III) notice of the implementation of any
determination described in clause (vii) of subparagraph
(B), or
(ii) the date of mailing of a determination described in
clause (vi) of subparagraph (B),
an interested party who is a party to the proceeding in
connection with which the matter arises may commence an action
in the United States Court of International Trade by filing a
summons, and within thirty days thereafter a complaint, each
with the content and in the form, manner, and style prescribed
by the rules of that court, contesting any factual findings or
legal conclusions upon which the determination is based.
(B) Reviewable determinations
The determinations which may be contested under subparagraph
(A) are as follows:
(i) Final affirmative determinations by the
administering authority and by the Commission under section
1671d or 1673d of this title, including any negative part of
such a determination (other than a part referred to in
clause (ii)).
(ii) A final negative determination by the administering
authority or the Commission under section 1671d or 1673d of
this title, including, at the option of the appellant, any
part of a final affirmative determination which specifically
excludes any company or product.
(iii) A final determination, other than a determination
reviewable under paragraph (1), by the administering
authority or the Commission under section 1675 of this
title.
(iv) A determination by the administering authority,
under section 1671c or 1673c of this title, to suspend an
antidumping duty or a countervailing duty investigation,
including any final determination resulting from a continued
investigation which changes the size of the dumping margin
or net countervailable subsidy calculated, or the reasoning
underlying such calculations, at the time the suspension
agreement was concluded.
(v) An injurious effect determination by the Commission
under section 1671c(h) or 1673c(h) of this title.
(vi) A determination by the administering authority as
to whether a particular type of merchandise is within the
class or kind of merchandise described in an existing
finding of dumping or antidumping or countervailing duty
order.
(vii) A determination by the administering authority or
the Commission under section 3538 of this title concerning a
determination under subtitle IV of this chapter.
(viii) A determination by the Commission under section
1675b(a)(1) of this title.
(3) Exception
Notwithstanding the limitation imposed by paragraph
(2)(A)(i)(II) of this subsection, a final affirmative determination
by the administering authority under section 1671d or 1673d of this
title may be contested by commencing an action, in accordance with
the provisions of paragraph (2)(A), within thirty days after the
date of publication in the Federal Register of a final negative
determination by the Commission under section 1671d or 1673d of this
title.
(4) Procedures and fees
The procedures and fees set forth in chapter 169 of title 28
apply to an action under this section.
(5) Time limits in cases involving merchandise from free
trade area countries
Notwithstanding any other provision of this subsection, in the
case of a determination to which the provisions of subsection (g) of
this section apply, an action under this subsection may not be
commenced, and the time limits for commencing an action under this
subsection shall not begin to run, until the day specified in
whichever of the following subparagraphs applies:
(A) For a determination described in paragraph (1)(B) or
clause (i), (ii) or (iii) of paragraph (2)(B), the 31st day
after the date on which notice of the determination is published
in the Federal Register.
(B) For a determination described in clause (vi) of
paragraph (2)(B), the 31st day after the date on which the
government of the relevant FTA country receives notice of the
determination.
(C) For a determination with respect to which binational
panel review has commenced in accordance with subsection (g)(8)
of this section, the day after the date as of which--
(i) the binational panel has dismissed binational panel
review of the determination for lack of jurisdiction, and
(ii) any interested party seeking review of the
determination under paragraph (1), (2), or (3) of this
subsection has provided timely notice under subsection
(g)(3)(B) of this section.
If such an interested party files a summons and complaint under
this subsection after dismissal by the binational panel, and if
a request for an extraordinary challenge committee is made with
respect to the decision by the binational panel to dismiss--
(I) judicial review under this subsection shall be
stayed during consideration by the committee of the request,
and
(II) the United States Court of International Trade
shall dismiss the action if the committee vacates or remands
the binational panel decision to dismiss.
(D) For a determination for which review by the United
States Court of International Trade is provided for--
(i) under subsection (g)(12)(B) of this section, the day
after the date of publication in the Federal Register of
notice that article 1904 of the NAFTA has been suspended, or
(ii) under subsection (g)(12)(D) of this section, the
day after the date that notice of settlement is published in
the Federal Register.
(E) For a determination described in clause (vii) of
paragraph (2)(B), the 31st day after the date on which notice of
the implementation of the determination is published in the
Federal Register.
(b) Standards of review
(1) Remedy
The court shall hold unlawful any determination, finding, or
conclusion found--
(A) in an action brought under subparagraph (A), (B), or (C)
of subsection (a)(1) of this section, to be arbitrary,
capricious, an abuse of discretion, or otherwise not in
accordance with law, or
(B)(i) in an action brought under paragraph (2) of
subsection (a) of this section, to be unsupported by substantial
evidence on the record, or otherwise not in accordance with law,
or
(ii) in an action brought under paragraph (1)(D) of
subsection (a) of this section, to be arbitrary, capricious, an
abuse of discretion, or otherwise not in accordance with law.
(2) Record for review
(A) In general
For the purposes of this subsection, the record, unless
otherwise stipulated by the parties, shall consist of--
(i) a copy of all information presented to or obtained
by the Secretary, the administering authority, or the
Commission during the course of the administrative
proceeding, including all governmental memoranda pertaining
to the case and the record of ex parte meetings required to
be kept by section 1677f(a)(3) of this title; and
(ii) a copy of the determination, all transcripts or
records of conferences or hearings, and all notices
published in the Federal Register.
(B) Confidential or privileged material
The confidential or privileged status accorded to any
documents, comments, or information shall be preserved in any
action under this section. Notwithstanding the preceding
sentence, the court may examine, in camera, the confidential or
privileged material, and may disclose such material under such
terms and conditions as it may order.
(3) Effect of decisions by NAFTA or United States-Canada
binational panels
In making a decision in any action brought under subsection (a)
of this section, a court of the United States is not bound by, but
may take into consideration, a final decision of a binational panel
or extraordinary challenge committee convened pursuant to article
1904 of the NAFTA or of the Agreement.
(c) Liquidation of entries
(1) Liquidation in accordance with determination
Unless such liquidation is enjoined by the court under paragraph
(2) of this subsection, entries of merchandise of the character
covered by a determination of the Secretary, the administering
authority, or the Commission contested under subsection (a) of this
section shall be liquidated in accordance with the determination of
the Secretary, the administering authority, or the Commission, if
they are entered, or withdrawn from warehouse, for consumption on or
before the date of publication in the Federal Register by the
Secretary or the administering authority of a notice of a decision
of the United States Court of International Trade, or of the United
States Court of Appeals for the Federal Circuit, not in harmony with
that determination. Such notice of a decision shall be published
within ten days from the date of the issuance of the court decision.
(2) Injunctive relief
In the case of a determination described in paragraph (2) of
subsection (a) of this section by the Secretary, the administering
authority, or the Commission, the United States Court of
International Trade may enjoin the liquidation of some or all
entries of merchandise covered by a determination of the Secretary,
the administering authority, or the Commission, upon a request by an
interested party for such relief and a proper showing that the
requested relief should be granted under the circumstances.
(3) Remand for final disposition
If the final disposition of an action brought under this section
is not in harmony with the published determination of the Secretary,
the administering authority, or the Commission, the matter shall be
remanded to the Secretary, the administering authority, or the
Commission, as appropriate, for disposition consistent with the
final disposition of the court.
(d) Standing
Any interested party who was a party to the proceeding under section
1303 \2\ of this title or subtitle IV of this chapter shall have the
right to appear and be heard as a party in interest before the United
States Court of International Trade. The party filing the action shall
notify all such interested parties of the filing of an action under this
section, in the form, manner, style, and within the time prescribed by
rules of the court.
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\2\ See References in Text note below.
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(e) Liquidation in accordance with final decision
If the cause of action is sustained in whole or in part by a
decision of the United States Court of International Trade or of the
United States Court of Appeals for the Federal Circuit--
(1) entries of merchandise of the character covered by the
published determination of the Secretary, the administering
authority, or the Commission, which is entered, or withdrawn from
warehouse, for consumption after the date of publication in the
Federal Register by the Secretary or the administering authority of
a notice of the court decision, and
(2) entries, the liquidation of which was enjoined under
subsection (c)(2) of this section,
shall be liquidated in accordance with the final court decision in the
action. Such notice of the court decision shall be published within ten
days from the date of the issuance of the court decision.
(f) Definitions
For purposes of this section--
(1) Administering authority
The term ``administering authority'' means the administering
authority described in section 1677(1) of this title.
(2) Commission
The term ``Commission'' means the United States International
Trade Commission.
(3) Interested party
The term ``interested party'' means any person described in
section 1677(9) of this title.
(4) Secretary
The term ``Secretary'' means the Secretary of the Treasury.
(5) Agreement
The term ``Agreement'' means the United States-Canada Free-Trade
Agreement.
(6) United States Secretary
The term ``United States Secretary'' means--
(A) the secretary for the United States Section referred to
in article 1908 of the NAFTA, and
(B) the secretary of the United States Section provided for
in article 1909 of the Agreement.
(7) Relevant FTA Secretary
The term ``relevant FTA Secretary'' means the Secretary--
(A) referred to in article 1908 of the NAFTA, or
(B) provided for in paragraph 5 of article 1909 of the
Agreement,
of the relevant FTA country.
(8) NAFTA
The term ``NAFTA'' means the North American Free Trade
Agreement.
(9) Relevant FTA country
The term ``relevant FTA country'' means the free trade area
country to which an antidumping or countervailing duty proceeding
pertains.
(10) Free trade area country
The term ``free trade area country'' means the following:
(A) Canada for such time as the NAFTA is in force with
respect to, and the United States applies the NAFTA to, Canada.
(B) Mexico for such time as the NAFTA is in force with
respect to, and the United States applies the NAFTA to, Mexico.
(C) Canada for such time as--
(i) it is not a free trade area country under
subparagraph (A); and
(ii) the Agreement is in force with respect to, and the
United States applies the Agreement to, Canada.
(g) Review of countervailing duty and antidumping duty determinations
involving free trade area country merchandise
(1) ``Determination'' defined
For purposes of this subsection, the term ``determination''
means a determination described in--
(A) paragraph (1)(B) of subsection (a) of this section, or
(B) clause (i), (ii), (iii), or (vi) of paragraph (2)(B) of
subsection (a) of this section,
if made in connection with a proceeding regarding a class or kind of
free trade area country merchandise, as determined by the
administering authority.
(2) Exclusive review of determination by binational panels
If binational panel review of a determination is requested
pursuant to article 1904 of the NAFTA or of the Agreement, then,
except as provided in paragraphs (3) and (4)--
(A) the determination is not reviewable under subsection (a)
of this section, and
(B) no court of the United States has power or jurisdiction
to review the determination on any question of law or fact by an
action in the nature of mandamus or otherwise.
(3) Exception to exclusive binational panel review
(A) In general
A determination is reviewable under subsection (a) of this
section if the determination sought to be reviewed is--
(i) a determination as to which neither the United
States nor the relevant FTA country requested review by a
binational panel pursuant to article 1904 of the NAFTA or of
the Agreement,
(ii) a revised determination issued as a direct result
of judicial review, commenced pursuant to subsection (a) of
this section, if neither the United States nor the relevant
FTA country requested review of the original determination,
(iii) a determination issued as a direct result of
judicial review that was commenced pursuant to subsection
(a) of this section prior to the entry into force of the
NAFTA or of the Agreement,
(iv) a determination which a binational panel has
determined is not reviewable by the binational panel,
(v) a determination as to which binational panel review
has terminated pursuant to paragraph 12 of article 1905 of
the NAFTA, or
(vi) a determination as to which extraordinary challenge
committee review has terminated pursuant to paragraph 12 of
article 1905 of the NAFTA.
(B) Special rule
A determination described in subparagraph (A)(i) or (iv) is
reviewable under subsection (a) of this section only if the
party seeking to commence review has provided timely notice of
its intent to commence such review to--
(i) the United States Secretary and the relevant FTA
Secretary;
(ii) all interested parties who were parties to the
proceeding in connection with which the matter arises; and
(iii) the administering authority or the Commission, as
appropriate.
Such notice is timely provided if the notice is delivered no
later than the date that is 20 days after the date described in
subparagraph (A) or (B) of subsection (a)(5) of this section
that is applicable to such determination, except that, if the
time for requesting binational panel review is suspended under
paragraph (8)(A)(ii) of this subsection, any unexpired time for
providing notice of intent to commence judicial review shall,
during the pendency of any such suspension, also be suspended.
Such notice shall contain such information, and be in such form,
manner, and style, as the administering authority, in
consultation with the Commission, shall prescribe by
regulations.
(4) Exception to exclusive binational panel review for
constitutional issues
(A) Constitutionality of binational panel review system
An action for declaratory judgment or injunctive relief, or
both, regarding a determination on the grounds that any
provision of, or amendment made by, the North American Free
Trade Agreement Implementation Act implementing the binational
dispute settlement system under chapter 19 of the NAFTA, or the
United States-Canada Free-Trade Agreement Implementation Act of
1988 implementing the binational panel dispute settlement system
under chapter 19 of the Agreement, violates the Constitution may
be brought only in the United States Court of Appeals for the
District of Columbia Circuit, which shall have jurisdiction of
such action.
(B) Other constitutional review
Review is available under subsection (a) of this section
with respect to a determination solely concerning a
constitutional issue (other than an issue to which subparagraph
(A) applies) arising under any law of the United States as
enacted or applied. An action for review under this subparagraph
shall be assigned to a 3-judge panel of the United States Court
of International Trade.
(C) Commencement of review
Notwithstanding the time limits in subsection (a) of this
section, within 30 days after the date of publication in the
Federal Register of notice that binational panel review has been
completed, an interested party who is a party to the proceeding
in connection with which the matter arises may commence an
action under subparagraph (A) or (B) by filing an action in
accordance with the rules of the court.
(D) Transfer of actions to appropriate court
Whenever an action is filed in a court under subparagraph
(A) or (B) and that court finds that the action should have been
filed in the other court, the court in which the action was
filed shall transfer the action to the other court and the
action shall proceed as if it had been filed in the court to
which it is transferred on the date upon which it was actually
filed in the court from which it is transferred.
(E) Frivolous claims
Frivolous claims brought under subparagraph (A) or (B) are
subject to dismissal and sanctions as provided under section
1927 of title 28 and the Federal Rules of Civil Procedure.
(F) Security
(i) Subparagraph (A) actions
The security requirements of rule 65(c) of the Federal
Rules of Civil Procedure apply with respect to actions
commenced under subparagraph (A).
(ii) Subparagraph (B) actions
No claim shall be heard, and no temporary restraining
order or temporary or permanent injunction shall be issued,
under an action commenced under subparagraph (B), unless the
party seeking review first files an undertaking with
adequate security in an amount to be fixed by the court
sufficient to recompense parties affected for any loss,
expense, or damage caused by the improvident or erroneous
issuance of such order or injunction. If a court upholds the
constitutionality of the determination in question in such
action, the court shall award to a prevailing party fees and
expenses, in addition to any costs incurred by that party,
unless the court finds that the position of the other party
was substantially justified or that special circumstances
make an award unjust.
(G) Panel record
The record of proceedings before the binational panel shall
not be considered part of the record for review pursuant to
subparagraph (A) or (B).
(H) Appeal to Supreme Court of court orders issued in
subparagraph (A) actions
Notwithstanding any other provision of law, any final
judgment of the United States Court of Appeals for the District
of Columbia Circuit which is issued pursuant to an action
brought under subparagraph (A) shall be reviewable by appeal
directly to the Supreme Court of the United States. Any such
appeal shall be taken by a notice of appeal filed within 10 days
after such order is entered; and the jurisdictional statement
shall be filed within 30 days after such order is entered. No
stay of an order issued pursuant to an action brought under
subparagraph (A) may be issued by a single Justice of the
Supreme Court.
(5) Liquidation of entries
(A) Application
In the case of a determination for which binational panel
review is requested pursuant to article 1904 of the NAFTA or of
the Agreement, the rules provided in this paragraph shall apply,
notwithstanding the provisions of subsection (c) of this
section.
(B) General rule
In the case of a determination for which binational panel
review is requested pursuant to article 1904 of the NAFTA or of
the Agreement, entries of merchandise covered by such
determination shall be liquidated in accordance with the
determination of the administering authority or the Commission,
if they are entered, or withdrawn from warehouse, for
consumption on or before the date of publication in the Federal
Register by the administering authority of notice of a final
decision of a binational panel, or of an extraordinary challenge
committee, not in harmony with that determination. Such notice
of a decision shall be published within 10 days of the date of
the issuance of the panel or committee decision.
(C) Suspension of liquidation
(i) In general
Notwithstanding the provisions of subparagraph (B), in
the case of a determination described in clause (iii) or
(vi) of subsection (a)(2)(B) of this section for which
binational panel review is requested pursuant to article
1904 of the NAFTA or of the Agreement, the administering
authority, upon request of an interested party who was a
party to the proceeding in connection with which the matter
arises and who is a participant in the binational panel
review, shall order the continued suspension of liquidation
of those entries of merchandise covered by the determination
that are involved in the review pending the final
disposition of the review.
(ii) Notice
At the same time as the interested party makes its
request to the administering authority under clause (i),
that party shall serve a copy of its request on the United
States Secretary, the relevant FTA Secretary, and all
interested parties who were parties to the proceeding in
connection with which the matter arises.
(iii) Application of suspension
If the interested party requesting continued suspension
of liquidation under clause (i) is a foreign manufacturer,
producer, or exporter, or a United States importer, the
continued suspension of liquidation shall apply only to
entries of merchandise manufactured, produced, exported, or
imported by that particular manufacturer, producer,
exporter, or importer. If the interested party requesting
the continued suspension of liquidation under clause (i) is
an interested party described in subparagraph (C), (D), (E),
or (F) of section 1677(9) of this title, the continued
suspension of liquidation shall apply only to entries which
could be affected by a decision of the binational panel
convened under chapter 19 of the NAFTA or of the Agreement.
(iv) Judicial review
Any action taken by the administering authority or the
United States Customs Service under this subparagraph shall
not be subject to judicial review, and no court of the
United States shall have power or jurisdiction to review
such action on any question of law or fact by an action in
the nature of mandamus or otherwise.
(6) Injunctive relief
Except for cases under paragraph (4)(B), in the case of a
determination for which binational panel review is requested
pursuant to article 1904 of the NAFTA or of the Agreement, the
provisions of subsection (c)(2) of this section shall not apply.
(7) Implementation of international obligations under
article 1904 of the NAFTA or the Agreement
(A) Action upon remand
If a determination is referred to a binational panel or
extraordinary challenge committee under the NAFTA or the
Agreement and the panel or committee makes a decision remanding
the determination to the administering authority or the
Commission, the administering authority or the Commission shall,
within the period specified by the panel or committee, take
action not inconsistent with the decision of the panel or
committee. Any action taken by the administering authority or
the Commission under this paragraph shall not be subject to
judicial review, and no court of the United States shall have
power or jurisdiction to review such action on any question of
law or fact by an action in the nature of mandamus or otherwise.
(B) Application if subparagraph (A) held unconstitutional
In the event that the provisions of subparagraph (A) are
held unconstitutional under the provisions of subparagraphs (A)
and (H) of paragraph (4), the provisions of this subparagraph
shall take effect. In such event, the President is authorized on
behalf of the United States to accept, as a whole, the decision
of a binational panel or extraordinary challenge committee
remanding the determination to the administering authority or
the Commission within the period specified by the panel or
committee. Upon acceptance by the President of such a decision,
the administering authority or the Commission shall, within the
period specified by the panel or committee, take action not
inconsistent with such decision. Any action taken by the
President, the administering authority, or the Commission under
this subparagraph shall not be subject to judicial review, and
no court of the United States shall have power or jurisdiction
to review such action on any question of law or fact by an
action in the nature of mandamus or otherwise.
(8) Requests for binational panel review
(A) Interested party requests for binational panel review
(i) General rule
An interested party who was a party to the proceeding in
which a determination is made may request binational panel
review of such determination by filing a request with the
United States Secretary by no later than the date that is 30
days after the date described in subparagraph (A), (B), or
(E) of subsection (a)(5) of this section that is applicable
to such determination. Receipt of such request by the United
States Secretary shall be deemed to be a request for
binational panel review within the meaning of article
1904(4) of the NAFTA or of the Agreement. Such request shall
contain such information and be in such form, manner, and
style as the administering authority, in consultation with
the Commission, shall prescribe by regulations.
(ii) Suspension of time to request binational panel
review under the NAFTA
Notwithstanding clause (i), the time for requesting
binational panel review shall be suspended during the
pendency of any stay of binational panel review that is
issued pursuant to paragraph 11(a) of article 1905 of the
NAFTA.
(B) Service of request for binational panel review
(i) Service by interested party
If a request for binational panel review of a
determination is filed under subparagraph (A), the party
making the request shall serve a copy, by mail or personal
service, on any other interested party who was a party to
the proceeding in connection with which the matter arises,
and on the administering authority or the Commission, as
appropriate.
(ii) Service by United States Secretary
If an interested party to the proceeding requests
binational panel review of a determination by filing a
request with the relevant FTA Secretary, the United States
Secretary shall serve a copy of the request by mail on any
other interested party who was a party to the proceeding in
connection with which the matter arises, and on the
administering authority or the Commission, as appropriate.
(C) Limitation on request for binational panel review
Absent a request by an interested party under subparagraph
(A), the United States may not request binational panel review
of a determination under article 1904 of the NAFTA or the
Agreement.
(9) Representation in panel proceedings
In the case of binational panel proceedings convened under
chapter 19 of the NAFTA or of the Agreement, the administering
authority and the Commission shall be represented by attorneys who
are employees of the administering authority or the Commission,
respectively. Interested parties who were parties to the proceeding
in connection with which the matter arises shall have the right to
appear and be represented by counsel before the binational panel.
(10) Notification of class or kind rulings
In the case of a determination which is described in paragraph
(2)(B)(vi) of subsection (a) of this section and which is subject to
the provisions of paragraph (2), the administering authority, upon
request, shall inform any interested person of the date on which the
Government of the relevant FTA country received notice of the
determination under paragraph 4 of article 1904 of the NAFTA or the
Agreement.
(11) Suspension and termination of suspension of article
1904 of the NAFTA
(A) Suspension of article 1904
If a special committee established under article 1905 of the
NAFTA issues an affirmative finding, the Trade Representative
may, in accordance with paragraph 8(a) or 9, as appropriate, of
article 1905 of the NAFTA, suspend the operation of article 1904
of the NAFTA.
(B) Termination of suspension of article 1904
If a special committee is reconvened and makes an
affirmative determination described in paragraph 10(b) of
article 1905 of the NAFTA, any suspension of the operation of
article 1904 of the NAFTA shall terminate.
(12) Judicial review upon termination of binational panel or
committee review under the NAFTA
(A) Notice of suspension or termination of suspension of article
1904
(i) Upon notification by the Trade Representative or the
Government of a country described in subsection (f)(10)(A) or
(B) of this section that the operation of article 1904 of the
NAFTA has been suspended in accordance with paragraph 8(a) or 9
of article 1905 of the NAFTA, the United States Secretary shall
publish in the Federal Register a notice of suspension of
article 1904 of the NAFTA.
(ii) Upon notification by the Trade Representative or the
Government of a country described in subsection (f)(10)(A) or
(B) of this section that the suspension of the operation of
article 1904 of the NAFTA is terminated in accordance with
paragraph 10 of article 1905 of the NAFTA, the United States
Secretary shall publish in the Federal Register a notice of
termination of suspension of article 1904 of the NAFTA.
(B) Transfer of final determinations for judicial review upon
suspension of article 1904
If the operation of article 1904 of the NAFTA is suspended
in accordance with paragraph 8(a) or 9 of article 1905 of the
NAFTA--
(i) upon the request of an authorized person described
in subparagraph (C), any final determination that is the
subject of a binational panel review or an extraordinary
challenge committee review shall be transferred to the
United States Court of International Trade (in accordance
with rules issued by the Court) for review under subsection
(a) of this section; or
(ii) in a case in which--
(I) a binational panel review was completed fewer
than 30 days before the suspension, and
(II) extraordinary challenge committee review has
not been requested,
upon the request of an authorized person described in
subparagraph (C) which is made within 60 days after the
completion of the binational panel review, the final
determination that was the subject of the binational panel
review shall be transferred to the United States Court of
International Trade (in accordance with rules issued by the
Court) for review under subsection (a) of this section.
(C) Persons authorized to request transfer of final
determinations for judicial review
A request that a final determination be transferred to the
Court of International Trade under subparagraph (B) may be made
by--
(i) if the United States made an allegation under
paragraph 1 of article 1905 of the NAFTA and the operation
of article 1904 of the NAFTA was suspended pursuant to
paragraph 8(a) of article 1905 of the NAFTA--
(I) the government of the relevant country described
in subsection (f)(10)(A) or (B) of this section,
(II) an interested party that was a party to the
panel or committee review, or
(III) an interested party that was a party to the
proceeding in connection with which panel review was
requested, but only if the time period for filing
notices of appearance in the panel review has not
expired, or
(ii) if a country described in subsection (f)(10)(A) or
(B) of this section made an allegation under paragraph 1 of
article 1905 of the NAFTA and the operation of article 1904
of the NAFTA was suspended pursuant to paragraph 9 of
article 1905 of the NAFTA--
(I) the government of that country,
(II) an interested party that is a person of that
country and that was a party to the panel or committee
review, or
(III) an interested party that is a person of that
country and that was a party to the proceeding in
connection with which panel review was requested, but
only if the time period for filing notices of appearance
in the panel review has not expired.
(D) Transfer for judicial review upon settlement
(i) If the Trade Representative achieves a settlement with
the government of a country described in subsection (f)(10)(A)
or (B) of this section pursuant to paragraph 7 of article 1905
of the NAFTA, and referral for judicial review is among the
terms of such settlement, any final determination that is the
subject of a binational panel review or an extraordinary
challenge committee review shall, upon a request described in
clause (ii), be transferred to the United States Court of
International Trade (in accordance with rules issued by the
Court) for review under subsection (a) of this section.
(ii) A request referred to in clause (i) is a request made
by--
(I) the country referred to in clause (i),
(II) an interested party that was a party to the panel
or committee review, or
(III) an interested party that was a party to the
proceeding in connection with which panel review was
requested, but only if the time for filing notices of
appearance in the panel review has not expired.
(June 17, 1930, ch. 497, title IV, Sec. 516A, as added Pub. L. 96-39,
title X, Sec. 1001(a), July 26, 1979, 93 Stat. 300; amended Pub. L. 96-
417, title VI, Secs. 601(7), 608, Oct. 10, 1980, 94 Stat. 1744, 1745;
Pub. L. 96-542, Sec. 2, Dec. 17, 1980, 94 Stat. 3210; Pub. L. 97-164,
title I, Sec. 163(a)(2), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-573,
title VI, Sec. 623(a), Oct. 30, 1984, 98 Stat. 3040; Pub. L. 99-514,
title XVIII, Sec. 1888(6), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 100-
449, title IV, Sec. 401, Sept. 28, 1988, 102 Stat. 1878; Pub. L. 101-
382, title I, Sec. 134(a)(3), Aug. 20, 1990, 104 Stat. 649; Pub. L. 103-
182, title IV, Sec. 411, Dec. 8, 1993, 107 Stat. 2140; Pub. L. 103-465,
title I, Sec. 129(e), title II, Secs. 220(b), 270(a)(1)(N), 271(b), Dec.
8, 1994, 108 Stat. 4838, 4864, 4917, 4921; Pub. L. 104-295,
Secs. 20(a)(1), 21(c)(3), 22, Oct. 11, 1996, 110 Stat. 3526, 3530,
3531.)
References in Text
Section 1303 of this title, referred to in subsec. (d), is defined
in section 1677(26) of this title to mean section 1330 as in effect on
the day before Jan. 1, 1995.
The North American Free Trade Agreement Implementation Act, referred
to in subsec. (g)(4)(A), is Pub. L. 103-182, Dec. 8, 1993, 107 Stat.
2057, as amended. For complete classification of this Act to the Code,
see Short Title note set out under section 3301 of this title and
Tables.
The United States-Canada Free-Trade Agreement Implementation Act of
1988, referred to in subsec. (g)(4)(A), is Pub. L. 100-449, Sept. 28,
1988, 102 Stat. 1851, which is set out as a note under section 2112 of
this title. For complete classification of this Act to the Code, see
Tables.
The Federal Rules of Civil Procedure, referred to in subsec.
(g)(4)(E), (F), are set out in the Appendix to Title 28, Judiciary and
Judicial Procedure.
Codification
In the original, section 1001(a) of Pub. L. 96-39 directed that this
section, designated as section 516A, be added to title V of the Tariff
Act of 1930, however, since a title V of the Tariff Act of 1930 has not
been enacted, this section was added to title IV of the Tariff Act of
1930 to reflect the probable intent of Congress.
Amendments
1996--Subsec. (a)(2)(A)(i)(I). Pub. L. 104-295, Sec. 20(a)(1),
inserted comma after ``subparagraph (B)''.
Subsec. (g)(4)(A). Pub. L. 104-295, Sec. 22, substituted ``Agreement
Implementation Act of 1988'' for ``Implementation Agreement Act of
1988''.
Subsec. (g)(12)(D). Pub. L. 104-295, Sec. 21(c)(3), transferred
designation ``(i)'' from heading to before sentence beginning ``If the
Trade Representative''.
1994--Subsec. (a)(1)(D). Pub. L. 103-465, Sec. 220(b)(1), added
subpar. (D).
Subsec. (a)(2)(A)(i)(I). Pub. L. 103-465, Sec. 271(b)(1),
substituted ``(v), or (viii)'' for ``or (v)''.
Pub. L. 103-465, Sec. 129(e)(1)(A)(i), struck out ``, or'' after
``(B)''.
Subsec. (a)(2)(A)(i)(III). Pub. L. 103-465, Sec. 129(e)(1)(A)(ii),
added subcl. (III).
Subsec. (a)(2)(B)(iv). Pub. L. 103-465, Sec. 270(a)(1)(N), inserted
``countervailable'' before ``subsidy''.
Subsec. (a)(2)(B)(vii). Pub. L. 103-465, Sec. 129(e)(1)(B), added
cl. (vii).
Subsec. (a)(2)(B)(viii). Pub. L. 103-465, Sec. 271(b)(2), added cl.
(viii).
Subsec. (a)(5)(E). Pub. L. 103-465, Sec. 129(e)(2), added subpar.
(E).
Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 220(b)(2)(A), substituted
``under subparagraph (A), (B), or (C) of subsection (a)(1) of this
section'' for ``under paragraph (1) of subsection (a) of this section''.
Subsec. (b)(1)(B). Pub. L. 103-465, Sec. 220(b)(2)(B), designated
existing provisions as cl. (i), substituted ``, or'' for period at end,
and added cl. (ii).
Subsec. (g)(8)(A)(i). Pub. L. 103-465, Sec. 129(e)(3), substituted
``(A), (B), or (E)'' for ``(A) or (B)''.
1993--Subsec. (a)(5). Pub. L. 103-182, Sec. 411(1), amended par. (5)
generally, substituting present provisions for provisions relating to
time limits for commencing review in cases involving Canadian
merchandise.
Subsec. (b)(3). Pub. L. 103-182, Sec. 411(2), inserted ``NAFTA or''
after ``decisions by'' in heading and ``of the NAFTA or'' after
``article 1904'' in text.
Subsec. (f)(6), (7). Pub. L. 103-182, Sec. 411(3)(A), amended pars.
(6) and (7) generally, substituting present provisions for provisions
which, in par. (6) defined ``United States Secretary'' as the secretary
provided for in paragraph 4 of article 1909 of the United States-Canada
Free-Trade Agreement, and in par. (7), defined ``Canadian Secretary'' as
the secretary provided for in paragraph 5 of article 1909 of the
Agreement.
Subsec. (f)(8) to (10). Pub. L. 103-182, Sec. 411(3)(B), added pars.
(8) to (10).
Subsec. (g). Pub. L. 103-182, Sec. 411(4)(A), substituted ``free
trade area country merchandise'' for ``Canadian merchandise'' in
heading.
Subsec. (g)(1). Pub. L. 103-182, Sec. 411(4)(B), substituted ``free
trade area country merchandise'' for ``Canadian merchandise'' in
concluding provisions.
Subsec. (g)(2). Pub. L. 103-182, Sec. 411(4)(C), inserted ``of the
NAFTA or'' after ``article 1904'' in introductory provisions.
Subsec. (g)(3)(A). Pub. L. 103-182, Sec. 411(4)(D), in cl. (i),
substituted ``nor the relevant FTA country'' for ``nor Canada'' and
inserted ``of the NAFTA or'' before ``of the Agreement'', in cl. (ii),
substituted ``nor the relevant FTA country'' for ``nor Canada'', in cl.
(iii), inserted ``of the NAFTA or'' before ``of the Agreement'' and
struck out ``or'' at end, in cl. (iv), struck out ``under paragraph
(2)(A)'' before ``is not reviewable'' and substituted a comma for period
at end, and added cls. (v) and (vi).
Subsec. (g)(3)(B). Pub. L. 103-182, Sec. 411(4)(E), substituted
first two sentences for former sentences which read as follows: ``A
determination described in subparagraph (A)(i) or (iv) is reviewable
under subsection (a) of this section only if the party seeking to
commence review has provided timely notice of its intent to commence
such review to the United States Secretary, the Canadian Secretary, all
interested parties who were parties to the proceeding in connection with
which the matter arises, and the administering authority or the
Commission, as appropriate. Such notice is provided timely if the notice
is delivered by no later than the date that is 20 days after the date
described in subparagraph (A) or (B) of subsection (a)(5) of this
section that is applicable to such determination.''
Subsec. (g)(4)(A). Pub. L. 103-182, Sec. 411(4)(F), inserted ``the
North American Free Trade Agreement Implementation Act implementing the
binational dispute settlement system under chapter 19 of the NAFTA, or''
after ``or amendment made by,'', a comma before ``violates'', ``only''
after ``may be brought'', and ``, which shall have jurisdiction of such
action'' after ``Circuit'' and struck out at end ``Any action brought
under this subparagraph shall be heard and determined by a 3-judge court
in accordance with section 2284 of title 28.''
Subsec. (g)(5). Pub. L. 103-182, Sec. 411(4)(G), inserted ``of the
NAFTA or'' after ``article 1904'' in subpars. (A), (B), and (C)(i),
substituted ``, the relevant FTA Secretary,'' for ``, the Canadian
Secretary,'' in subpar. (C)(ii), and inserted ``of the NAFTA or'' after
``chapter 19'' in subpar. (C)(iii).
Subsec. (g)(6). Pub. L. 103-182, Sec. 411(4)(H), inserted ``of the
NAFTA or'' after ``article 1904''.
Subsec. (g)(7). Pub. L. 103-182, Sec. 411(4)(I)(i), inserted ``of
the NAFTA or the Agreement'' in heading.
Subsec. (g)(7)(A). Pub. L. 103-182, Sec. 411(4)(I)(ii), (iii),
substituted heading for one which read ``In general'' and inserted ``the
NAFTA or'' before ``the Agreement''.
Subsec. (g)(8)(A). Pub. L. 103-182, Sec. 411(4)(J), designated
existing provisions as cl. (i), inserted cl. heading, realigned margin,
inserted ``of the NAFTA or'' after ``article 1904(4)'', and added cl.
(ii).
Subsec. (g)(8)(B)(ii). Pub. L. 103-182, Sec. 411(4)(K), substituted
``relevant FTA Secretary'' for ``Canadian Secretary''.
Subsec. (g)(8)(C). Pub. L. 103-182, Sec. 411(4)(L), substituted ``of
a determination under article 1904 of the NAFTA or the Agreement'' for
``under article 1904 of the Agreement of a determination''.
Subsec. (g)(9). Pub. L. 103-182, Sec. 411(4)(M), inserted ``of the
NAFTA or'' after ``chapter 19''.
Subsec. (g)(10). Pub. L. 103-182, Sec. 411(4)(N), substituted
``Government of the relevant FTA country received notice of the
determination under paragraph 4 of article 1904 of the NAFTA or the
Agreement'' for ``Government of Canada received notice of the
determination under article 1904(4) of the Agreement''.
Subsec. (g)(11), (12). Pub. L. 103-182, Sec. 411(4)(O), added pars.
(11) and (12).
1990--Subsec. (a)(5)(A). Pub. L. 101-382, Sec. 134(a)(3)(A)(i),
added subpar. (A) and struck out former subpar. (A) which read as
follows: ``the date of publication in the Federal Register of--
``(i) notice of any determination described in paragraph (1)(B)
or a determination described in clause (ii) or (iii) of paragraph
(2)(B), or
``(ii) an antidumping or countervailing duty order based upon
any determination described in clause (i) of paragraph (2)(B), or''.
Subsec. (a)(5)(C). Pub. L. 101-382, Sec. 134(a)(3)(A)(ii), added
subpar. (C).
Subsec. (g)(3)(A)(iv). Pub. L. 101-382, Sec. 134(a)(3)(B)(i), added
cl. (iv).
Subsec. (g)(3)(B). Pub. L. 101-382, Sec. 134(a)(3)(B)(ii), inserted
``or (iv)'' after ``subparagraph (A)(i)''.
1988--Subsec. (a)(5). Pub. L. 100-449, Sec. 401(a), added par. (5).
Subsec. (b)(3). Pub. L. 100-449, Sec. 401(d), added par. (3).
Subsec. (f)(5) to (7). Pub. L. 100-449, Sec. 401(b), added pars. (5)
to (7).
Subsec. (g). Pub. L. 100-449, Sec. 401(c), added subsec. (g).
1986--Subsec. (a)(3). Pub. L. 99-514 substituted ``(2)(A)(i)(II)''
for ``(2)(A)(ii)''.
1984--Subsec. (a)(1). Pub. L. 98-573, Sec. 623(a)(1), amended par.
(1) generally, and thereby struck out the designation ``(A)'' before
``Within 30 days'', redesignated former cls. (i) to (iii) as subpars.
(A) to (C), respectively, in subpar. (A) as so redesignated struck out
references to the Secretary and to section 1303(a)(3) of this title, in
subpar. (B) as so redesignated struck out reference to the administering
authority and to review of agreements based on changed circumstances,
and struck out former subpar. (B), relating to a right of judicial
review of certain determinations of the administering authority within
10 days after publication of notice of the determination in the Federal
Register.
Subsec. (a)(2)(A). Pub. L. 98-573, Sec. 623(a)(2), inserted the
designation ``(i)'' before ``the date of publication in the Federal
Register of'', redesignated cls. (i) and (ii) as subcls. (I) and (II),
respectively, and added cl. (ii).
Subsec. (a)(2)(B)(i). Pub. L. 98-573, Sec. 623(a)(3), amended cl.
(i) generally and thereby struck out provisions referring to final
affirmative determinations by the Secretary and by the Commission under
section 1303 of this title, and inserted reference to any negative part
of decisions under section 1671d or 1673d of this title.
Subsec. (a)(2)(B)(ii). Pub. L. 98-573, Sec. 623(a)(3), amended cl.
(ii) generally and thereby struck out references to the Secretary and to
section 1303 of this title and inserted provision relating to any part
of a final affirmative determination which specifically excludes any
company or product.
Subsec. (a)(2)(B)(iii). Pub. L. 98-573, Sec. 623(a)(3), amended cl.
(iii) generally and thereby substituted provisions relating to final
determinations by the administering authority or the Commission for
provisions relating to determinations by the Secretary, the
administering authority, or the Commission.
Subsec. (a)(2)(B)(iv). Pub. L. 98-573, Sec. 623(a)(3), amended cl.
(iv) generally and thereby inserted provision relating to any final
determination resulting from a continued investigation which changes the
size of the dumping margin or net subsidy calculated, or the reasoning
underlying such calculations, at the time the suspension agreement was
concluded.
Subsec. (a)(2)(B)(vi). Pub. L. 98-573, Sec. 623(a)(3), added cl.
(vi).
Subsec. (a)(3), (4). Pub. L. 98-573, Sec. 623(a)(4), added par. (3)
and redesignated former par. (3) as (4).
1982--Subsecs. (c)(1), (e). Pub. L. 97-164 substituted ``Court of
Appeals for the Federal Circuit'' for ``Court of Customs and Patent
Appeals''.
1980--Subsec. (a)(1). Pub. L. 96-417, Sec. 608(a), inserted subpar.
``(A) Thirty-day review'' heading; redesignated as cls. (i), (ii), and
(iii) of subpar. (A) provisions formerly designated as subpars. (A),
(C), and (D) of par. (1); inserted subpar. ``(B) Ten-day review''
heading and its introductory text; redesignated as cls. (i) and (ii) of
subpar. (B) provisions formerly designated as subpars. (B) and (E) of
par. (1), thus substituting ten-day for thirty-day review for such
clauses; enacted provision respecting commencement of action by an
interested party following subpars. (A) and (B), formerly enacted
following only par. (1); and redesignated the United States Customs
Court as the United States Court of International Trade in the latter
provisions.
Subsec. (a)(2)(A). Pub. L. 96-417, Sec. 601(7), redesignated the
United States Customs Court as the United States Court of International
Trade.
Subsec. (a)(3). Pub. L. 96-542 substituted ``chapter 169 of title
28'' for ``subsections (b), (c), and (e) of chapter 169 of title 28''.
Pub. L. 96-417, Sec. 608(b), substituted ``chapter 169 of title 28''
for ``section 2632 of title 28''.
Subsec. (c)(1), (2). Pub. L. 96-417, Secs. 601(7), 608(c),
redesignated in pars. (1) and (2) the United States Customs Court as the
United States Court of International Trade and deleted from par. (2) the
criteria to be considered in ruling on an injunction, namely, the party
likely to prevail, irreparable harm, public interest, and greater harm.
Subsec. (d). Pub. L. 96-417, Secs. 601(7), 608(d), redesignated the
United States Customs Court as the United States Court of International
Trade and substituted requirement for notification of ``all such
interested parties of the filing of an action under this section, in the
form, manner, style, and within the time prescribed by rules of the
court'' for prior notice requirement to ``all interested parties of the
filing of an action pursuant to this section''.
Subsec. (e). Pub. L. 96-417, Sec. 601(7), redesignated the United
States Customs Court as the United States Court of International Trade.
Effective Date of 1994 Amendment
Amendment by section 129(e) of Pub. L. 103-465 effective on the date
on which the WTO Agreement enters into force with respect to the United
States [Jan. 1, 1995], see section 130 of Pub. L. 103-465, set out as an
Effective Date note under section 3531 of this title.
Amendment by sections 220(b), 270(a)(1)(N), and 271(b) of Pub. L.
103-465 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 a note under section 1671 of this title.
Effective Date of 1993 Amendment
Amendment by Pub. L. 103-182 effective on the date the North
American Free Trade Agreement enters into force with respect to the
United States [Jan. 1, 1994], but not applicable to any final
determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or
(iii) of this title, notice of which is published in the Federal
Register before such date, or to a determination described in section
1516a(a)(2)(B)(vi) of this title, notice of which is received by the
Government of Canada or Mexico before such date, or to any binational
panel review under the United States-Canada Free-Trade Agreement, or to
any extraordinary challenge arising out of any such review, that was
commenced before such date, see section 416 of Pub. L. 103-182, set out
as an Effective Date note under section 3431 of this title.
Effective and Termination Dates of 1988 Amendment
Amendment by Pub. L. 100-449 effective on date United States-Canada
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to
have effect on date Agreement ceases to be in force, see section 501(a),
(c) of Pub. L. 100-449, set out in a note under section 2112 of this
title.
Effective Date of 1984 Amendment
Amendment by Pub. L. 98-573 applicable with respect to civil actions
pending on, or filed on or after, Oct. 30, 1984, see section 626(b)(2)
of Pub. L. 98-573, set out as a note under section 1671 of this title.
Effective Date of 1982 Amendment
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402
of Pub. L. 97-164, set out as a note under section 171 of Title 28,
Judiciary and Judicial Procedure.
Effective Date of 1980 Amendments
Section 3 of Pub. L. 96-542 provided that: ``The amendments made by
this Act [amending this section and provisions set out as a note under
section 251 of Title 28, Judiciary and Judicial Procedure] shall be
effective as of November 1, 1980.''
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable
with respect to civil actions pending on or commenced on or after such
date, see section 701(a) of Pub. L. 96-417, set out as a note under
section 251 of title 28.
Effective Date; Transitional Rules
Section 1002 of title X of Pub. L. 96-39 provided that:
``(a) Effective Date.--The amendments made by this title [enacting
this section and amending sections 1514, 1515, and 1516 of this title
and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and
Judicial Procedure] shall take effect on that date (hereinafter in this
section referred to as the `effective date') on which title VII of the
Tariff Act of 1930 [subtitle IV of this chapter] (as added by title I of
this Act) takes effect [Jan. 1, 1980]; and section 515(a) of such Act of
1930 [section 1515(a) of this title] (as amended by section 1001(b)(2))
shall apply with respect to any denial, in whole or in part, of a
protest filed under section 514 of such Act of 1930 [section 1514 of
this title] on or after the effective date.
``(b) Transitional Rules.--
``(1) Certain protests, petitions, actions, etc.--The amendments
made by this title [enacting this section and amending sections
1514, 1515, and 1516 of this title and sections 1541, 1582, 2632,
2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall
not apply with respect to--
``(A) any protest, petition, or notice of desire to contest
filed before the effective date [Jan. 1, 1980] under section
514, 516(a), or 516(d), respectively, of the Tariff Act of 1930
[section 1514, 1516(a), or 1516(d) of this title];
``(B) any civil action commenced before the effective date
[Jan. 1, 1980] under section 2632 of title 28 of the United
States Code; or
``(C) any civil action commenced after the effective date
[Jan. 1, 1980] under such section 2632 if the protest, petition,
or notice of desire to contest (under section 514, 516(a), or
516(d), respectively, of the Tariff Act of 1930) on which such
action is based was filed before such effective date.
``(2) Law to be applied for purposes of such actions.--
Notwithstanding the repeal of the Antidumping Act, 1921 [sections
160 to 171 of this title], by section 106(a) of this Act, and the
amendment of section 303 of the Tariff Act of 1930 [section 1303 of
this title] by section 103 of this Act, the law in effect on the
date of any finding or determination contested in a civil action
described in subparagraph (A), (B), or (C) of paragraph (1) shall be
applied for purposes of that action.
``(3) Certain countervailing and antidumping duty assessments.--
The amendments made by this title [enacting this section and
amending sections 1514, 1515, and 1516 of this title and sections
1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial
Procedure] shall apply with respect to the review of the assessment
of, or failure to assess, any countervailing duty or antidumping
duty on entries subject to a countervailing duty order or
antidumping finding if the assessment is made after the effective
date. If no assessment of such duty had been made before the
effective date that could serve the party seeking review as the
basis of a review of the underlying determination, made by the
Secretary of the Treasury or the International Trade Commission
before the effective date, on which such order, finding, or lack
thereof is based, then the underlying determination shall be subject
to review in accordance with the law in effect on the day before the
effective date.
``(4) Certain countervailing and antidumping duty
determinations.--With respect to any preliminary determination or
final determination of the Secretary of the Treasury under section
303 of the Tariff Act of 1930 [section 1303 of this title] or the
Antidumping Act, 1921 [sections 160 to 171 of this title], which is
treated under section 102 of this Act [set out as a note under
section 1671 of this title] as if made under section 703(b), 705(a),
733(b), or 735(a) of the Tariff Act of 1930 [section 1671b(b),
1671d(a), 1673b(b), or 1673d(a) of this title] (as added by title I
of this Act) such determinations shall be subject to judicial review
in the same manner and to the same extent as if made on the day
before the effective date.''
Transfer of Functions
For transfer of functions, personnel, assets, and liabilities of the
United States Customs Service of the Department of the Treasury,
including functions of the Secretary of the Treasury relating thereto,
to the Secretary of Homeland Security, and for treatment of related
references, see sections 203(1), 551(d), 552(d), and 557 of Title 6,
Domestic Security, and the Department of Homeland Security
Reorganization Plan of November 25, 2002, as modified, set out as a note
under section 542 of Title 6.
Effect of Termination of NAFTA Country Status
For pro