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19 U.S.C. § 4586 — Requests for review of determinations by competent investigating authorities

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4586 — Requests for review of determinations by competent investigating authorities

**(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 10.8, of a USMCA country. (2) **United States Secretary** — The term “United States Secretary” means that officer of the United States referred to in article 10.16. **(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 10.12 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 10.12, 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 10.12. 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 10.12. 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.

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Source location: Title 19, Chapter 29, § 4586; chapter-029-united-states-mexico-canada-agreement-implementation.md

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4581 — Commission recommendations and report

**(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.

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1516a — Judicial review in countervailing duty and antidumping duty proceedings

**(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

19 U.S.C. § 3451 — Transferred

### Statutory Notes #### Codification Section 3431, Pub. L. 103–182, title IV, § 401, Dec. 8, 1993, 107 Stat. 2129, which defined certain references in this part, was renumbered as section 411 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(b)(1), (2), Jan. 29, 2020, 134 Stat. 72, and transferred to [section 4581 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4581&num=0&edition=prelim). Section 3432, Pub. L. 103–182, title IV, § 402, Dec. 8, 1993, 107 Stat. 2129; Pub. L. 104–295, § 21(c)(1), Oct. 11, 1996, 110 Stat. 3530, which set out organizational and administrative provisions relating to panels and committees, was renumbered as section 412 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(c)(1), (2), Jan. 29, 2020, 134 Stat. 73, and transferred to [section 4582 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4582&num=0&edition=prelim). Section 3433, Pub. L. 103–182, title IV, § 403, Dec. 8, 1993, 107 Stat. 2136, which related to testimony and production of papers in extraordinary challenges, was renumbered as section 413 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(d)(1), (2), Jan. 29, 2020, 134 Stat. 74, 75, and transferred to [section 4583 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4583&num=0&edition=prelim). Section 3434, Pub. L. 103–182, title IV, § 404, Dec. 8, 1993, 107 Stat. 2137, which related to requests for review of determinations by competent investigating authorities of NAFTA countries, was renumbered as section 414 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(e)(1), (2), Jan. 29, 2020,

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4586 — Subsidy negotiations

Page 1159 TITLE 19—CUSTOMS DUTIES § 4587 (b) Rules of procedure for extraordinary chal- lenge committees The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for re- views by extraordinary challenge committees. (c) Rules of procedure for safeguarding panel re- view system The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special com- mittees described in such Annex. (d) Publication of rules The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Reg- ister. (e) Administering authority As used in this section, the term ‘‘admin- istering authority’’ has the meaning given such term in section 1677(1) of this title. (Pub. L. 116–113, title IV, § 415, formerly Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137; renumbered § 415 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(f), Jan. 29, 2020, 134 Stat. 75.) Editorial Notes CODIFICATION Section was formerly classified to section 3435 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–113, § 504(f)(3)(A), sub- stituted ‘‘article 10.12’’ for ‘‘article 1904’’ in introduc- tory provisions. Subsec. (b). Pub. L. 116–113, § 504(f)(3)(B), substituted ‘‘Annex 10–B.3’’ for ‘‘Annex 1904.13’’. Subsec. (c). Pub. L. 116–113, § 504(f)(3)(C), substituted ‘‘Annex 10–B.4’’ for ‘‘Annex 1905.6’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020), but not applicable to cer- tain determinations under

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