United States Code (Last Updated: May 24, 2014) |
Title 19. CUSTOMS DUTIES |
Chapter 4. TARIFF ACT OF 1930 |
SubTitle III. ADMINISTRATIVE PROVISIONS |
Part III. Ascertainment, Collection, and Recovery of Duties |
§ 1516a. Judicial review in countervailing duty and antidumping duty proceedings
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(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) 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. (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by the published determination of the Secretary, the administering authority, or the Commission, which is entered, or withdrawn from warehouse, for consumption after the date of publication in the Federal Register by the Secretary or the administering authority of a notice of the court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), (vi), or (vii) 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.
Amendments
For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.
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
The North American Free Trade Agreement Implementation Act, referred to in subsec. (g)(4)(A), is Pub. L. 103–182,
The United States-Canada Free-Trade Agreement Implementation Act of 1988, referred to in subsec. (g)(4)(A), is Pub. L. 100–449,
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
2006—Subsec. (g)(1)(B). Pub. L. 109–432 substituted “(vi), or (vii)” for “or (vi)”.
1996—Subsec. (a)(2)(A)(i)(I). Pub. L. 104–295, § 20(a)(1), inserted comma after “subparagraph (B)”.
Subsec. (g)(4)(A). Pub. L. 104–295, § 22, substituted “Agreement Implementation Act of 1988” for “Implementation Agreement Act of 1988”.
Subsec. (g)(12)(D). Pub. L. 104–295, § 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, § 220(b)(1), added subpar. (D).
Subsec. (a)(2)(A)(i)(I). Pub. L. 103–465, § 271(b)(1), substituted “(v), or (viii)” for “or (v)”.
Pub. L. 103–465, § 129(e)(1)(A)(i), struck out “, or” after “(B)”.
Subsec. (a)(2)(A)(i)(III). Pub. L. 103–465, § 129(e)(1)(A)(ii), added subcl. (III).
Subsec. (a)(2)(B)(iv). Pub. L. 103–465, § 270(a)(1)(N), inserted “countervailable” before “subsidy”.
Subsec. (a)(2)(B)(vii). Pub. L. 103–465, § 129(e)(1)(B), added cl. (vii).
Subsec. (a)(2)(B)(viii). Pub. L. 103–465, § 271(b)(2), added cl. (viii).
Subsec. (a)(5)(E). Pub. L. 103–465, § 129(e)(2), added subpar. (E).
Subsec. (b)(1)(A). Pub. L. 103–465, § 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, § 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, § 129(e)(3), substituted “(A), (B), or (E)” for “(A) or (B)”.
1993—Subsec. (a)(5). Pub. L. 103–182, § 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, § 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, § 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, § 411(3)(B), added pars. (8) to (10).
Subsec. (g). Pub. L. 103–182, § 411(4)(A), substituted “free trade area country merchandise” for “Canadian merchandise” in heading.
Subsec. (g)(1). Pub. L. 103–182, § 411(4)(B), substituted “free trade area country merchandise” for “Canadian merchandise” in concluding provisions.
Subsec. (g)(2). Pub. L. 103–182, § 411(4)(C), inserted “of the NAFTA or” after “article 1904” in introductory provisions.
Subsec. (g)(3)(A). Pub. L. 103–182, § 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, § 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, § 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, § 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, § 411(4)(H), inserted “of the NAFTA or” after “article 1904”.
Subsec. (g)(7). Pub. L. 103–182, § 411(4)(I)(i), inserted “of the NAFTA or the Agreement” in heading.
Subsec. (g)(7)(A). Pub. L. 103–182, § 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, § 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, § 411(4)(K), substituted “relevant FTA Secretary” for “Canadian Secretary”.
Subsec. (g)(8)(C). Pub. L. 103–182, § 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, § 411(4)(M), inserted “of the NAFTA or” after “chapter 19”.
Subsec. (g)(10). Pub. L. 103–182, § 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, § 411(4)(O), added pars. (11) and (12).
1990—Subsec. (a)(5)(A). Pub. L. 101–382, § 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, § 134(a)(3)(A)(ii), added subpar. (C).
Subsec. (g)(3)(A)(iv). Pub. L. 101–382, § 134(a)(3)(B)(i), added cl. (iv).
Subsec. (g)(3)(B). Pub. L. 101–382, § 134(a)(3)(B)(ii), inserted “or (iv)” after “subparagraph (A)(i)”.
1988—Subsec. (a)(5). Pub. L. 100–449, § 401(a), temporarily added par. (5). See Effective and Termination Dates of 1988 Amendment note below.
Subsec. (b)(3). Pub. L. 100–449, § 401(d), temporarily added par. (3). See Effective and Termination Dates of 1988 Amendment note below.
Subsec. (f)(5) to (7). Pub. L. 100–449, § 401(b), temporarily added pars. (5) to (7). See Effective and Termination Dates of 1988 Amendment note below.
Subsec. (g). Pub. L. 100–449, § 401(c), temporarily added subsec. (g). See Effective and Termination Dates of 1988 Amendment note below.
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, § 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, § 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, § 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, § 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, § 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, § 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, § 623(a)(3), added cl. (vi).
Subsec. (a)(3), (4). Pub. L. 98–573, § 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, § 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, § 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, § 608(b), substituted “chapter 169 of title 28” for “section 2632 of title 28”.
Subsec. (c)(1), (2). Pub. L. 96–417, §§ 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, §§ 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, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade.
Effective Date Of 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 [
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 [
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 [
Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (
Amendment by Pub. L. 98–573 applicable with respect to civil actions pending on, or filed on or after,
Amendment by Pub. L. 97–164 effective
Pub. L. 96–542, § 3,
Amendment by Pub. L. 96–417 effective
Effective Date
Section 1002 of title X of Pub. L. 96–39 provided that:
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
Miscellaneous
For provisions relating to effect of termination of NAFTA country status on the provisions of sections 401 to 416 of Pub. L. 103–182, see section 3451 of this title.
For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after
For acceptance by President of decisions of binational panels and extraordinary challenge committees in event that subsec. (b)(7)(B) of this section takes effect, see section 2 of Ex. Ord. No. 12889,
For provision that in the event that subsec. (g)(7)(B) of this section takes effect, the President accepts, as a whole, all decisions of binational panels and extraordinary challenge committees, see section 3 of Ex. Ord. No. 12662,