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19 U.S.C. § 4601 — Identification of industries facing subsidized imports
Federal law — U.S. Code and appendices · legal_authorities
**(a) Petitions** Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe—
(1) that—
(A) as a result of implementation of provisions of the USMCA, the industry is likely to face increased competition from subsidized imports, from a USMCA country, with which it directly competes; or
(B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and
(2) that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned;
may file with the Trade Representative a petition that such industry be identified under this section.
**(b) Identification of industry** Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in subsection (a)(1) and the deterioration described in subsection (a)(2).
**(c) Action after identification** At the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall—
(1) compile and make available to the industry information under [section 2418 of this ti
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Stable record: federal_law:legal_authorities:record_usc_08ec9838907f91d92be2896f
Source file: Laws/federal/codes/united-states-code/title-19/section-4601-identification-of-industries-facing-subsidized-imports--59c8bb999d.md
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Source location: Title 19, Chapter 29, § 4601; chapter-029-united-states-mexico-canada-agreement-implementation.md
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**(a) Petitions** Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe—
(1) that—
(A) as a result of implementation of provisions of the USMCA, the industry is likely to face increased competition from subsidized imports, from a USMCA country, with which it directly competes; or
(B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and
(2) that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned;
may file with the Trade Representative a petition that such industry be identified under this section.
**(b) Identification of industry** Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in subsection (a)(1) and the deterioration described in subsection (a)(2).
**(c) Action after identification** At the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall—
(1) compile and make available to the industry information under [section 2418 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2418&num=0&edition=prelim);
(2) recommend to the President that an investigation by the International Trade Commission be requested under section 332 of the Tariff Act of 1930 [[19 U.S.C. 1332](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1332&num=0&edition=prelim)]; or
(3) take actions described in both paragraphs (1) and (2).
The industry may request the Trade Representative to take appropriate action to update (as often as annually) any information obtained under paragraph (1) or (2), or both, as the case may be, until an agreement on more effective rules and disciplines relating to government subsidies is reached between the United States and the USMCA countries.
**(d) Initiation of action under other law**
(1) **In general** — The Trade Representative and the Secretary of Commerce shall review information obtained under subsection (c) and consult with the industry identified under subsection (b) with a view to deciding whether any action is appropriate—
(A) under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), including the initiation of an investigation under [section 2412(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/c&num=0&edition=prelim) (in the case of the Trade Representative); or
(B) under subtitle A of title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.], including the initiation of an investigation under section 702(a) of that Act [[19 U.S.C. 1671a(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671a/a&num=0&edition=prelim)] (in the case of the Secretary of Commerce).
(2) **Criteria for initiation** — In determining whether to initiate any investigation under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim) or any other trade law, other than title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.], the Trade Representative, after consultation with the Secretary of Commerce—
(A) shall seek the advice of the advisory committees established under [section 2155 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2155&num=0&edition=prelim);
(B) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives;
(C) shall coordinate with the interagency organization established under [section 1872 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1872&num=0&edition=prelim); and
(D) may ask the President to request advice from the International Trade Commission.
(3) **Title III actions** — In the event an investigation is initiated under [section 2412(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2412/c&num=0&edition=prelim) as a result of a review under this subsection and the Trade Representative, following such investigation (including any applicable dispute settlement proceedings under the USMCA or any other trade agreement), determines to take action under [section 2411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/a&num=0&edition=prelim), the Trade Representative shall give preference to actions that most directly affect the products that benefit from governmental subsidies and were the subject of the investigation, unless there are no significant imports of such products or the Trade Representative otherwise determines that application of the action to other products would be more effective.
**(e) Effect of decisions** Any decision, whether positive or negative, or any action by the Trade Representative or the Secretary of Commerce under this section shall not in any way—
(1) prejudice the right of any industry to file a petition under any trade law;
(2) prejudice, affect, or substitute for, any proceeding, investigation, determination, or action by the Secretary of Commerce, the International Trade Commission, or the Trade Representative pursuant to such a petition; or
(3) prejudice, affect, substitute for, or obviate any proceeding, investigation, or determination under [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.], or any other trade law.
**(f) Standing** Nothing in this section may be construed to alter in any manner the requirements in effect before January 29, 2020, for standing under any law of the United States or to add any additional requirements for standing under any law of the United States.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Trade Representative shall monitor the implementation of each measure undertaken, or agreement that is entered into, by a foreign country to provide a satisfactory resolution of a matter subject to investigation under this subchapter or subject to dispute settlement proceedings to enforce the rights of the United States under a trade agreement providing for such proceedings.
**(b) Action on the basis of monitoring**
(1) **In general** — If, on the basis of the monitoring carried out under subsection (a), the Trade Representative considers that a foreign country is not satisfactorily implementing a measure or agreement referred to in subsection (a), the Trade Representative shall determine what further action the Trade Representative shall take under [section 2411(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411/a&num=0&edition=prelim). For purposes of [section 2411 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2411&num=0&edition=prelim), any such determination shall be treated as a determination made under [section 2414(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2414/a/1&num=0&edition=prelim).
(2) **WTO dispute settlement recommendations**
(A) *Failure to implement recommendation* — If the measure or agreement referred to in subsection (a) concerns the implementation of a recommendation made pursuant to dispute settlement proceedings under the World Trade Organization, and the Trade Representative considers that the foreign country has failed to implement it, the Trade Representative shall make the determination in paragraph (1) no later than 30 days after the expiration of the reasonable period
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Opportunity for presentation of views** In connection with any proposed trade agreement under [section 2133 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2133&num=0&edition=prelim) or [section 4202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4202&num=0&edition=prelim), the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under [section 2151 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2151&num=0&edition=prelim), any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
**(b) Summary of hearings** The organization holding such hearing shall furnish the President with a summary thereof.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment; functions; membership and composition; participation of representatives of other agencies; meetings**
(1) The President shall establish an interagency organization.
(2) The functions of the organization are—
(A) to assist, and make recommendations to, the President in carrying out the functions vested in him by the trade laws and to advise the United States Trade Representative (hereinafter in this section referred to as the “Trade Representative”) in carrying out the functions set forth in [section 2171 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2171&num=0&edition=prelim);
(B) to assist the President, and advise the Trade Representative, with respect to the development and implementation of the international trade policy objectives of the United States; and
(C) to advise the President and the Trade Representative with respect to the relationship between the international trade policy objectives of the United States and other major policy areas which may significantly affect the overall international trade policy and trade competitiveness of the United States.
(3) The interagency organization shall be composed of the following:
(A) The Trade Representative, who shall be chairperson.
(B) The Secretary of Commerce.
(C) The Secretary of State.
(D) The Secretary of the Treasury.
(E) The Secretary of Agriculture.
(F) The Secretary of Labor.
The Trade Representative may invite representatives from other agencies, as appropriate, to attend particular meetings if subject matters of specific functional interest to such agencies are under consideration. It shall meet at such times and with respect to such matters as the President or the Chairman shall direct.
**(b) Duties** In as
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1872
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** If—
(1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and
(2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that—
(A) an industry in the United States—
(i) is materially injured, or
(ii) is threatened with material injury, or
(B) the establishment of an industry in the United States is materially retarded,
by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation,
then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.
**(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means—
(1) a WTO member country,
(2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or
(3) a country with respect to which the President determines that—
(A) there is an agreement i
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1671
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general**
(1) **Repayment** — If the Secretary, or a court of competent jurisdiction, determines that any person has received any payment under this part to which the person was not entitled, such person shall be liable to repay such amount to the Secretary, except that the Secretary may waive such repayment if the Secretary determines, in accordance with guidelines prescribed by the Secretary, that—
(A) the payment was made without fault on the part of such person; and
(B) requiring such repayment would be contrary to equity and good conscience.
(2) **Recovery of overpayment** — Unless an overpayment is otherwise recovered, or waived under paragraph (1), the Secretary shall recover the overpayment by deductions from any sums payable to such person under this part.
**(b) False statement** A person shall, in addition to any other penalty provided by law, be ineligible for any further payments under this part—
(1) if the Secretary, or a court of competent jurisdiction, determines that the person—
(A) knowingly has made, or caused another to make, a false statement or representation of a material fact; or
(B) knowingly has failed, or caused another to fail, to disclose a material fact; and
(2) as a result of such false statement or representation, or of such nondisclosure, such person has received any payment under this part to which the person was not entitled.
**(c) Notice and determination** Except for overpayments determined by a court of competent jurisdiction, no repayment may be required, and no deduction may be made, under this section until a determination under subsection (a)(1) by the Secretary has been made, notice of the determination and an opportunity for a fair hearing thereon has been given to the person concerned, and the determ
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Investigations and reports** It shall be the duty of the commission to investigate the administration and fiscal and industrial effects of the customs laws of this country, the relations between the rates of duty on raw materials and finished or partly finished products, the effects of ad valorem and specific duties and of compound specific and ad valorem duties, all questions relative to the arrangement of schedules and classification of articles in the several schedules of the customs law, and, in general, to investigate the operation of customs laws, including their relation to the Federal revenues, their effect upon the industries and labor of the country, and to submit reports of its investigations as hereafter provided.
**(b) Investigations of tariff relations** The commission shall have power to investigate the tariff relations between the United States and foreign countries, commercial treaties, preferential provisions, economic alliances, the effect of export bounties and preferential transportation rates, the volume of importations compared with domestic production and consumption, and conditions, causes, and effects relating to competition of foreign industries with those of the United States, including dumping and cost of production.
**(c) Investigation of Paris Economy Pact** The commission shall have power to investigate the Paris Economy Pact and similar organizations and arrangements in Europe.
**(d) Information for President and Congress** In order that the President and the Congress may secure information and assistance, it shall be the duty of the commission to—
(1) Ascertain conversion costs and costs of production in the principal growing, producing, or manufacturing centers of the United States of articles of the United States, whenever i
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1332
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** If the Commission makes an affirmative determination under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim), the Commission shall recommend the action that is necessary to address the material harm or threat of material harm found.
**(b) Limitation** Only those members of the Commission who agreed to the affirmative determination under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim) are eligible to vote on the recommendation required to be made under subsection (a).
**(c) Report** Not later than the date that is 60 days after the date on which the determination is made under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim), the Commission shall submit to the President a report that includes—
(1) the determination and an explanation of the basis for the determination;
(2) if the determination is affirmative, recommendations for action and an explanation of the basis for the recommendation; and
(3) any dissenting or separate views by members of the Commission regarding the determination.
**(d) Public notice** Upon submitting a report to the President under subsection (c), the Commission shall—
(1) promptly make public the report (with the exception of information which the Commission determines to be confidential business information); and
(2) publish a summary of the report in the Federal Register.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4581
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Federal law — U.S. Code and appendices · legal_authorities
**(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) 11 So in original. Probably should be preceded by “section”. or 1673a(c) of this title, not to initiate an investigation,
(B) a determination by the Commission, under [section 1675(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/b&num=0&edition=prelim), 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/c/3&num=0&edition=prelim),
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 de
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Tariff Act of 1930.”
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this subtitle—
(1) **Administering authority** — The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law.
(2) **Commission** — The term “Commission” means the United States International Trade Commission.
(3) **Country** — The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States.
(4) **Industry**
(A) *In general* — The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product.
(B) *Related parties*
(i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry.
(ii) For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if—
(I) the producer directly or indirectly controls the exporter or importer,
(II) the exporter or importer directly or indirectly controls the producer,
(III) a third party directly or indirectly controls the producer and the exporter or importer, or
(IV) the producer
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1677
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