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19 U.S.C. § 1677n — Antidumping petitions by third countries
Federal law — U.S. Code and appendices · legal_authorities
**(a) Filing of petition** The government of a WTO member may file with the Trade Representative a petition requesting that an investigation be conducted to determine if—
(1) imports from another country are being sold in the United States at less than fair value, and
(2) an industry in the petitioning country is materially injured by reason of those imports.
**(b) Initiation** The Trade Representative, after consultation with the administering authority and the Commission and obtaining the approval of the WTO Council for Trade in Goods, shall determine whether to initiate an investigation described in subsection (a).
**(c) Determinations** Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to substantive and procedural requirements specified by the Trade Representative, notwithstanding any other provision of this subtitle:
(1) The administering authority shall determine whether imports into the United States of the subject merchandise are being sold at less than fair value.
(2) The Commission shall determine whether an industry in the petitioning country is materially injured by reason of imports of the subject merchandise into the United States.
**(d) Public comment** An opportunity for public comment shall be provided, as appropriate—
(1) by the Trade Representative, in making the determination required by subsection (b), and
(2) by the administering authority and the Commission, in making the determination required by subsection (c).
**(e) Issuance of order** If the administering authority makes an affirmative determination under paragraph (1) of subsection (c), and the Commission makes an affirmative determination under paragraph (2) of subsection (c), the administe
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Source file: Laws/federal/codes/united-states-code/title-19/section-1677n-antidumping-petitions-by-third-countries--2efa95d889.md
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Source location: Title 19, Chapter 4, § 1677n; chapter-004-tariff-act-of-1930.md
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**(a) Filing of petition** The government of a WTO member may file with the Trade Representative a petition requesting that an investigation be conducted to determine if—
(1) imports from another country are being sold in the United States at less than fair value, and
(2) an industry in the petitioning country is materially injured by reason of those imports.
**(b) Initiation** The Trade Representative, after consultation with the administering authority and the Commission and obtaining the approval of the WTO Council for Trade in Goods, shall determine whether to initiate an investigation described in subsection (a).
**(c) Determinations** Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to substantive and procedural requirements specified by the Trade Representative, notwithstanding any other provision of this subtitle:
(1) The administering authority shall determine whether imports into the United States of the subject merchandise are being sold at less than fair value.
(2) The Commission shall determine whether an industry in the petitioning country is materially injured by reason of imports of the subject merchandise into the United States.
**(d) Public comment** An opportunity for public comment shall be provided, as appropriate—
(1) by the Trade Representative, in making the determination required by subsection (b), and
(2) by the administering authority and the Commission, in making the determination required by subsection (c).
**(e) Issuance of order** If the administering authority makes an affirmative determination under paragraph (1) of subsection (c), and the Commission makes an affirmative determination under paragraph (2) of subsection (c), the administering authority shall issue an antidumping duty order in accordance with [section 1673e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim) and take such other actions as are required by [section 1673e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim).
**(f) Reviews of determinations** For purposes of review under [section 1516a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516a&num=0&edition=prelim) or review under [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim), if an order is issued under subsection (e), the final determinations of the administering authority and the Commission under this section shall be treated as final determinations made under [section 1673d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d&num=0&edition=prelim).
**(g) Access to information** [Section 1677f of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677f&num=0&edition=prelim) shall apply to investigations under this section, to the extent specified by the Trade Representative, after consultation with the administering authority and the Commission.
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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
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Final determination by administering authority**
(1) **General rule** — Within 75 days after the date of its preliminary determination under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim), the administering authority shall make a final determination of whether the subject merchandise is being, or is likely to be, sold in the United States at less than its fair value.
(2) **Extension of period for determination** — The administering authority may postpone making the final determination under paragraph (1) until not later than the 135th day after the date on which it published notice of its preliminary determination under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) if a request in writing for such a postponement is made by—
(A) exporters who account for a significant proportion of exports of the merchandise which is the subject of the investigation, in a proceeding in which the preliminary determination by the administering authority under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) was affirmative, or
(B) the petitioner, in a proceeding in which the preliminary determination by the administering authority under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) was negative.
(3) **Critical circumstances determinations** — If the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has be
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Periodic review of amount of duty**
(1) **In general** — At least once during each 12-month period beginning on the anniversary of the date of publication of a countervailing duty order under this subtitle or under section 1303 11 See References in Text note below. of this title, an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or a notice of the suspension of an investigation, the administering authority, if a request for such a review has been received and after publication of notice of such review in the Federal Register, shall—
(A) review and determine the amount of any net countervailable subsidy,
(B) review, and determine (in accordance with paragraph (2)), the amount of any antidumping duty, and
(C) review the current status of, and compliance with, any agreement by reason of which an investigation was suspended, and review the amount of any net countervailable subsidy or dumping margin involved in the agreement,
and shall publish in the Federal Register the results of such review, together with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed.
(2) **Determination of antidumping duties**
(A) *In general* — For the purpose of paragraph (1)(B), the administering authority shall determine—
(i) the normal value and export price (or constructed export price) of each entry of the subject merchandise, and
(ii) the dumping margin for each such entry.
(B) *Determination of antidumping or countervailing duties for new exporters and producers*
(i) *In general* — If the administering authority receives a request from an exporter or producer of the subject merchandise establishing that—
(I) such exporter or producer did not export the merc
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1675
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of antidumping duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), the administering authority shall publish an antidumping duty order which—
(1) directs customs officers to assess an antidumping duty equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than—
(A) 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, or
(B) in the case of merchandise not sold prior to its importation into the United States, 12 months after the end of the annual accounting period of the manufacturer or exporter within which it is sold in the United States to a person who is not the exporter of that merchandise,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated antidumping duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duty**
(1) **General rule** — If the Commission, in its final determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), finds material injury or threat of material injur
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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
**(a) Information generally made available**
(1) **Public information function** — There shall be established a library of information relating to foreign subsidy practices and countervailing measures. Copies of material in the library shall be made available to the public upon payment of the costs of preparing such copies.
(2) **Progress of investigation reports** — The administering authority and the Commission shall, from time to time upon request, inform the parties to an investigation of the progress of that investigation.
(3) **Ex parte meetings** — The administering authority and the Commission shall maintain a record of any ex parte meeting between—
(A) interested parties or other persons providing factual information in connection with a proceeding, and
(B) the person charged with making the determination, or any person charged with making a final recommendation to that person, in connection with that proceeding,
if information relating to that proceeding was presented or discussed at such meeting. The record of such an ex parte meeting shall include the identity of the persons present at the meeting, the date, time, and place of the meeting, and a summary of the matters discussed or submitted. The record of the ex parte meeting shall be included in the record of the proceeding.
(4) **Summaries; non-proprietary submissions** — The administering authority and the Commission shall disclose—
(A) any proprietary information received in the course of a proceeding if it is disclosed in a form which cannot be associated with, or otherwise be used to identify, operations of a particular person, and
(B) any information submitted in connection with a proceeding which is not designated as proprietary by the person submitting it.
**(b) Proprietary inform
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Federal law — U.S. Code and appendices · legal_authorities
Page 423
TITLE 19—CUSTOMS DUTIES
§ 1677n
(2) such response is not submitted within the
applicable time limits,
then the administering authority or the Com-
mission (as the case may be) may, subject to
subsection (e), disregard all or part of the origi-
nal and subsequent responses.
(e) Use of certain information
In reaching a determination under section
1671b, 1671d, 1673b, 1673d, 1675, or 1675b of this
title the administering authority and the Com-
mission shall not decline to consider informa-
tion that is submitted by an interested party
and is necessary to the determination but does
not meet all the applicable requirements estab-
lished by the administering authority or the
Commission, if—
(1) the information is submitted by the dead-
line established for its submission,
(2) the information can be verified,
(3) the information is not so incomplete that
it cannot serve as a reliable basis for reaching
the applicable determination,
(4) the interested party has demonstrated
that it acted to the best of its ability in pro-
viding the information and meeting the re-
quirements established by the administering
authority or the Commission with respect to
the information, and
(5) the information can be used without
undue difficulties.
(f) Nonacceptance of submissions
If the administering authority or the Commis-
sion declines to accept into the record any infor-
mation submitted in an investigation or review
under this subtitle, it shall, to the extent prac-
ticable, provide to the person submitting the in-
formation a written explanation of the reasons
for not accepting the information.
(g) Public comment on information
Information that is submitted on a timely
basis to the administering authority or the
Commission during the course of a proceed
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1677n
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