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19 U.S.C. § 1677k — Third-country dumping
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this section:
(1)
(A) The term “Agreement” means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures).
(B) The term “GATT 1994” has the meaning given that term in [section 3501(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/B&num=0&edition=prelim).
(2) The term “Agreement country” means a foreign country that has accepted the Agreement.
(3) The term “Trade Representative” means the United States Trade Representative.
**(b) Petition by domestic industry**
(1) A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that—
(A) such merchandise is being dumped in an Agreement country; and
(B) such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping;
submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on behalf of the domestic industry.
(2) A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition.
**(c) Application for antidumping action on behalf of domestic industry**
(1) If the Trade Representative, on the basis of the information contained in a petition submitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall submit to the appropriate authority of the Agreement country where the alleged dumping
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Source file: Laws/federal/codes/united-states-code/title-19/section-1677k-third-country-dumping--72d7b9c29a.md
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Source location: Title 19, Chapter 4, § 1677k; chapter-004-tariff-act-of-1930.md
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**(a) Definitions** For purposes of this section:
(1)
(A) The term “Agreement” means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures).
(B) The term “GATT 1994” has the meaning given that term in [section 3501(1)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/B&num=0&edition=prelim).
(2) The term “Agreement country” means a foreign country that has accepted the Agreement.
(3) The term “Trade Representative” means the United States Trade Representative.
**(b) Petition by domestic industry**
(1) A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that—
(A) such merchandise is being dumped in an Agreement country; and
(B) such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping;
submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on behalf of the domestic industry.
(2) A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition.
**(c) Application for antidumping action on behalf of domestic industry**
(1) If the Trade Representative, on the basis of the information contained in a petition submitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall submit to the appropriate authority of the Agreement country where the alleged dumping is occurring an application pursuant to Article 12 of the Agreement which requests that appropriate antidumping action under the law of that country be taken, on behalf of the United States, with respect to imports into that country of the merchandise concerned.
(2) At the request of the Trade Representative, the appropriate officers of the Department of Commerce and the United States International Trade Commission shall assist the Trade Representative in preparing the application under paragraph (1).
**(d) Consultation after submission of application** After submitting an application under subsection (c)(1), the Trade Representative shall seek consultations with the appropriate authority of the Agreement country regarding the request for antidumping action.
**(e) Action upon refusal of Agreement country to act** If the appropriate authority of an Agreement country refuses to undertake antidumping measures in response to a request made therefor by the Trade Representative under subsection (c), the Trade Representative shall promptly consult with the domestic industry on whether action under any other law of the United States is appropriate.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment within Executive Office of the President** There is established within the Executive Office of the President the Office of the United States Trade Representative (hereinafter in this section referred to as the “Office”).
**(b) United States Trade Representative; Deputy United States Trade Representatives**
(1) The Office shall be headed by the United States Trade Representative who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the United States Trade Representative submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. The United States Trade Representative shall hold office at the pleasure of the President, shall be entitled to receive the same allowances as a chief of mission, and shall have the rank of Ambassador Extraordinary and Plenipotentiary.
(2) There shall be in the Office three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Amba
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Mandatory action**
(1) If the United States Trade Representative determines 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) that—
(A) the rights of the United States under any trade agreement are being denied; or
(B) an act, policy, or practice of a foreign country—
(i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or
(ii) is unjustifiable and burdens or restricts United States commerce;
the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
(2) The Trade Representative is not required to take action under paragraph (1) in any case in which—
(A) the Dispute Settlement Body (as defined in [section 3531(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3531/5&num=0&edition=prelim)) has adopted a report, or a ruling issued under the formal dispute settlement proceeding provided under any other trade agreement finds, that—
(i) the rights of the United States under a trade agreement are not being denied, or
(ii) the act, policy, or practice—
(I) is not
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2413
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions; termination of designation**
(1) For purposes of this chapter—
(A) The term “beneficiary country” means any country listed in subsection (b) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter. Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
(B) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(C) The term “HTS” means Harmonized Tariff Schedule of the United States.
(D) The term “USMCA” has the meaning given that term in [section 4502 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4502&num=0&edition=prelim).
(E) The terms “WTO” and “WTO member” have the meanings given those terms in [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim).
(F) The term “former beneficiary country” means a country that ceases to be designated as a beneficiary country under this chapter because the country has become a party to a free trade agreement with the United States.
(2) If the President has designated any country as a beneficiary country for purposes of this chapter, he shall not terminate such designation (either by issuing a proclamation for that purpose or by issuing a proclamation which has the effect of terminating such designation) unless, at least sixty days before such termination, he has notified the House of Representatives and th
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Before any major foreign country accedes, after August 23, 1988, to the GATT 1947, or to the WTO Agreement, the President shall determine—
(1) whether state trading enterprises account for a significant share of—
(A) the exports of such major foreign country, or
(B) the goods of such major foreign country that are subject to competition from goods imported into such foreign country; and
(2) whether such state trading enterprises—
(A) unduly burden and restrict, or adversely affect, the foreign trade of the United States or the United States economy, or
(B) are likely to result in such a burden, restriction, or effect.
**(b) Effects of affirmative determination** If both of the determinations made under paragraphs (1) and (2) of subsection (a) with respect to a major foreign country are affirmative—
(1) the President shall reserve the right of the United States to withhold extension of the application of the GATT 1947 or the WTO Agreement, between the United States and such major foreign country, and
(2) the GATT 1947 or the WTO Agreement shall not apply between the United States and such major foreign country until—
(A) such foreign country enters into an agreement with the United States providing that the state trading enterprises of such foreign country—
(i) will—
(I) make purchases which are not for the use of such foreign country, and
(II) make sales in international trade,
in accordance with commercial considerations (including price, quality, availability, marketability, and transportation), and
(ii) will afford United States business firms adequate opportunity, in accordance with customary practice, to compete for participation in such purchases or sales; or
(B) a bill submitted under subsectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2905
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Federal law — U.S. Code and appendices · legal_authorities
For purposes of this chapter:
(1) The term “distortion” includes, but is not limited to, a subsidy.
(2) The term “foreign country” includes any foreign instrumentality. Any territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country.
(3) The term “GATT” means the GATT 1947 (as defined in [section 3501(1)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501/1/A&num=0&edition=prelim)).
(4) The term “implementing bill” has the meaning given such term in [section 2191(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2191/b/1&num=0&edition=prelim).
(5) The term “international trade” includes, but is not limited to—
(A) trade in both goods and services, and
(B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.
(6) The term “state trading enterprise” means—
(A) any agency, instrumentality, or administrative unit of a foreign country which—
(i) purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or
(ii) sells goods or services in international trade; or
(B) any business firm which—
(i) is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof,
(ii) is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and
(iii) purchases goods or services in international trade for any purpose other than the use
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Federal law — U.S. Code and appendices · legal_authorities
If—
(1) the President has taken action under [section 3105(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3105/a&num=0&edition=prelim) with respect to any foreign country, and
(2) such action is found to be inconsistent with the international obligations of the United States, including the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim)),
the President may enter into trade agreements with such foreign country for the purpose of granting new concessions as compensation for such action in order to maintain the general level of reciprocal and mutually advantageous concessions.
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Federal law — U.S. Code and appendices · legal_authorities
Nothing in this chapter may be construed to require actions inconsistent with the international obligations of the United States, including the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of [section 3501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section3501&num=0&edition=prelim)).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** For purposes of this chapter—
(1) The term “beneficiary country” means any country listed in subsection (b)(1) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter.
(2) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(3) The term “HTS” means Harmonized Tariff Schedule of the United States.
**(b) Countries eligible for designation; congressional notification**
(1) In designating countries as beneficiary countries under this chapter, the President shall consider only the following countries or successor political entities:Bolivia Ecuador Colombia Peru.
(2) Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
**(c) Limitations on designation** The President shall not designate any country a beneficiary country under this chapter—
(1) if such country is a Communist country;
(2) if such country—
(A) has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens,
(B) has taken steps to repudiate or nullify—
(i) any existing contract or agreement with, or
(ii) any patent, trademark, or other intellectual property of,
a United States citizen or a corporation, partnership, or association, which is 50 percent or more beneficially owned by United States citizens, the effect of wh
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Federal law — U.S. Code and appendices · legal_authorities
Page 421
TITLE 19—CUSTOMS DUTIES
§ 1677k
(f) Time limits for administering authority deter-
minations
The administering authority shall, to the
maximum extent practicable, make the deter-
minations under this section within 300 days
from the date of the initiation of a counter-
vailing duty or antidumping circumvention in-
quiry under this section.
(June 17, 1930, ch. 497, title VII, § 781, as added
Pub. L. 100–418, title I, § 1321(a), Aug. 23, 1988, 102
Stat. 1192; amended Pub. L. 103–465, title II, § 230,
Dec. 8, 1994, 108 Stat. 4891.)
Editorial Notes
REFERENCES IN TEXT
The Antidumping Act, 1921, referred to in subsecs.
(a)(1)(A)(ii), (b)(1)(A)(ii), and (c)(1)(C), is act May 27,
1921, ch. 14, title II, 42 Stat. 11, which was classified
generally to sections 160 to 171 of this title, and was re-
pealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93
Stat. 193.
Section 1303 of this title, referred to in subsecs.
(a)(1)(A)(iii), (b)(1)(A)(iii), (c)(1)(D), and (d)(1), is defined
in section 1677(26) of this title to mean section 1330 as
in effect on the day before Jan. 1, 1995.
AMENDMENTS
1994—Subsecs. (a), (b). Pub. L. 103–465, § 230(a), amend-
ed subsecs. (a) and (b) generally, to include provisions
relating to whether process of assembly or completion
of merchandise in United States or foreign countries is
minor or insignificant.
Subsec. (f). Pub. L. 103–465, § 230(b), added subsec. (f).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by 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 (Jan. 1, 1995), and applicable with respect to in-
vestigations, reviews, and inquiries initiated and peti-
tions file
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1677k
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