US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC3538]

 
                        TITLE 19--CUSTOMS DUTIES
 
               CHAPTER 22--URUGUAY ROUND TRADE AGREEMENTS
 
 SUBCHAPTER I--APPROVAL OF, AND GENERAL PROVISIONS RELATING TO, URUGUAY 
                            ROUND AGREEMENTS
 
       Part C--Uruguay Round Implementation and Dispute Settlement
 
Sec. 3538. Administrative action following WTO panel reports


(a) Action by United States International Trade Commission

                         (1) Advisory report

        If a dispute settlement panel finds in an interim report under 
    Article 15 of the Dispute Settlement Understanding, or the Appellate 
    Body finds in a report under Article 17 of that Understanding, that 
    an action by the International Trade Commission in connection with a 
    particular proceeding is not in conformity with the obligations of 
    the United States under the Antidumping Agreement, the Safeguards 
    Agreement, or the Agreement on Subsidies and Countervailing 
    Measures, the Trade Representative may request the Commission to 
    issue an advisory report on whether title VII of the Tariff Act of 
    1930 [19 U.S.C. 1671 et seq.] or title II of the Trade Act of 1974 
    [19 U.S.C. 2251 et seq.], as the case may be, permits the Commission 
    to take steps in connection with the particular proceeding that 
    would render its action not inconsistent with the findings of the 
    panel or the Appellate Body concerning those obligations. The Trade 
    Representative shall notify the congressional committees of such 
    request.

                     (2) Time limits for report

        The Commission shall transmit its report under paragraph (1) to 
    the Trade Representative--
            (A) in the case of an interim report described in paragraph 
        (1), within 30 calendar days after the Trade Representative 
        requests the report; and
            (B) in the case of a report of the Appellate Body, within 21 
        calendar days after the Trade Representative requests the 
        report.

      (3) Consultations on request for Commission determination

        If a majority of the Commissioners issues an affirmative report 
    under paragraph (1), the Trade Representative shall consult with the 
    congressional committees concerning the matter.

                    (4) Commission determination

        Notwithstanding any provision of the Tariff Act of 1930 [19 
    U.S.C. 1202 et seq.] or title II of the Trade Act of 1974 [19 U.S.C. 
    2251 et seq.], if a majority of the Commissioners issues an 
    affirmative report under paragraph (1), the Commission, upon the 
    written request of the Trade Representative, shall issue a 
    determination in connection with the particular proceeding that 
    would render the Commission's action described in paragraph (1) not 
    inconsistent with the findings of the panel or Appellate Body. The 
    Commission shall issue its determination not later than 120 days 
    after the request from the Trade Representative is made.

         (5) Consultations on implementation of Commission 
                                determination

        The Trade Representative shall consult with the congressional 
    committees before the Commission's determination under paragraph (4) 
    is implemented.

                       (6) Revocation of order

        If, by virtue of the Commission's determination under paragraph 
    (4), an antidumping or countervailing duty order with respect to 
    some or all of the imports that are subject to the action of the 
    Commission described in paragraph (1) is no longer supported by an 
    affirmative Commission determination under title VII of the Tariff 
    Act of 1930 [19 U.S.C. 1671 et seq.] or this subsection, the Trade 
    Representative may, after consulting with the congressional 
    committees under paragraph (5), direct the administering authority 
    to revoke the antidumping or countervailing duty order in whole or 
    in part.

(b) Action by administering authority

         (1) Consultations with administering authority and 
                          congressional committees

        Promptly after a report by a dispute settlement panel or the 
    Appellate Body is issued that contains findings that an action by 
    the administering authority in a proceeding under title VII of the 
    Tariff Act of 1930 [19 U.S.C. 1671 et seq.] is not in conformity 
    with the obligations of the United States under the Antidumping 
    Agreement or the Agreement on Subsidies and Countervailing Measures, 
    the Trade Representative shall consult with the administering 
    authority and the congressional committees on the matter.

            (2) Determination by administering authority

        Notwithstanding any provision of the Tariff Act of 1930 [19 
    U.S.C. 1202 et seq.], the administering authority shall, within 180 
    days after receipt of a written request from the Trade 
    Representative, issue a determination in connection with the 
    particular proceeding that would render the administering 
    authority's action described in paragraph (1) not inconsistent with 
    the findings of the panel or the Appellate Body.

               (3) Consultations before implementation

        Before the administering authority implements any determination 
    under paragraph (2), the Trade Representative shall consult with the 
    administering authority and the congressional committees with 
    respect to such determination.

                 (4) Implementation of determination

        The Trade Representative may, after consulting with the 
    administering authority and the congressional committees under 
    paragraph (3), direct the administering authority to implement, in 
    whole or in part, the determination made under paragraph (2).

(c) Effects of determinations; notice of implementation

                    (1) Effects of determinations

        Determinations concerning title VII of the Tariff Act of 1930 
    [19 U.S.C. 1671 et seq.] that are implemented under this section 
    shall apply with respect to unliquidated entries of the subject 
    merchandise (as defined in section 771 of that Act [19 U.S.C. 1677]) 
    that are entered, or withdrawn from warehouse, for consumption on or 
    after--
            (A) in the case of a determination by the Commission under 
        subsection (a)(4) of this section, the date on which the Trade 
        Representative directs the administering authority under 
        subsection (a)(6) of this section to revoke an order pursuant to 
        that determination, and
            (B) in the case of a determination by the administering 
        authority under subsection (b)(2) of this section, the date on 
        which the Trade Representative directs the administering 
        authority under subsection (b)(4) of this section to implement 
        that determination.

                    (2) Notice of implementation

        (A) The administering authority shall publish in the Federal 
    Register notice of the implementation of any determination made 
    under this section with respect to title VII of the Tariff Act of 
    1930 [19 U.S.C. 1671 et seq.].
        (B) The Trade Representative shall publish in the Federal 
    Register notice of the implementation of any determination made 
    under this section with respect to title II of the Trade Act of 1974 
    [19 U.S.C. 2251 et seq.].

(d) Opportunity for comment by interested parties

    Prior to issuing a determination under this section, the 
administering authority or the Commission, as the case may be, shall 
provide interested parties with an opportunity to submit written 
comments and, in appropriate cases, may hold a hearing, with respect to 
the determination.

(Pub. L. 103-465, title I, Sec. 129, Dec. 8, 1994, 108 Stat. 4836.)

                       References in Text

    The Tariff Act of 1930, referred to in subsecs. (a)(1), (4), (6), 
(b)(1), (2), and (c)(1), (2)(A), is act June 17, 1930, ch. 497, 46 Stat. 
590, as amended, which is classified generally to chapter 4 (Sec. 1202 
et seq.) of this title. Title VII of the Act is classified generally to 
subtitle IV (Sec. 1671 et seq.) of chapter 4 of this title. For complete 
classification of this Act to the Code, see section 1654 of this title 
and Tables.
    The Trade Act of 1974, referred to in subsecs. (a)(1), (4) and 
(c)(2)(B), is Pub. L. 93-618, Jan. 3, 1975, 88 Stat. 1978, as amended. 
Title II of the Act is classified generally to subchapter II (Sec. 2251 
et seq.) of chapter 12 of this title. For complete classification of 
this Act to the Code, see section 2101 of this title and Tables.

                          Codification

    Section is comprised of section 129 of Pub. L. 103-465. Subsecs. 
(a)(7) and (e) of section 129 of Pub. L. 103-465 amended sections 2254 
and 1516a, respectively, of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1516a, 2254 of this title.