2019 US Code
Title 19 - Customs Duties
Chapter 4 - Tariff Act of 1930
Subtitle IV - Countervailing and Antidumping Duties
Part IV - General Provisions
Sec. 1677n - Antidumping petitions by third countries
| 19 U.S.C. § 1677n (2019) |
| §1677n. Antidumping petitions by third countries |
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(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. 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) DeterminationsUpon 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. 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). 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 determinationsFor 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 informationSection 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. |
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(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.) |
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AMENDMENTS
1996—Subsec. (f). Pub. L. 104–295 substituted "subsection (e)" for "subsection (d)". EFFECTIVE DATESection 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. |
| United States Code, 2018 Edition, Supplement 1, Title 19 - CUSTOMS DUTIES |
| Bills and Statutes |
| United States Code |
| Y 1.2/5: |
| Title 19 - CUSTOMS DUTIES CHAPTER 4 - TARIFF ACT OF 1930 SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES Part IV - General Provisions Sec. 1677n - Antidumping petitions by third countries |
| section 1677n |
| 2019 |
| January 24, 2020 |
| No |
| standard |
| 108 Stat. 4897 110 Stat. 3528 |
| Public Law 103-465, Public Law 104-295 |
