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United States Code (Last Updated: May 24, 2014) |
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Title 19. CUSTOMS DUTIES |
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Chapter 21. NORTH AMERICAN FREE TRADE |
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SubChapter IV. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES |
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Part A. Organizational, Administrative, and Procedural Provisions Regarding Implementation of Chapter 19 of Agreement |
§ 3434. Requests for review of determinations by competent investigating authorities of NAFTA countries
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(a) Definitions As used in this section: (1) Competent investigating authority The term “competent investigating authority” means the competent investigating authority, as defined in article 1911, of a NAFTA country.
(2) United States Secretary The term “United States Secretary” means that officer of the United States referred to in article 1908.
(b) Requests for review by United States In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 1904 shall be made by the United States Secretary.
(c) Requests for review by person In the case of a final determination of a competent investigating authority, a person, within the meaning of paragraph 5 of article 1904, may request a binational panel review of such determination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 1904. The 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. The request for such panel review shall be without prejudice to any challenge before a binational panel of the basis for a particular request for review.
(d) Service of request for review Whenever binational panel review of a final determination made by a competent investigating authority is requested under this section, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the importing country to commence proceedings for judicial review of the determination.