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19 U.S.C. § 1676a — Required determinations

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

19 U.S.C. § 1676a — Required determinations

**(a) In general** Before the expiration date, if any, of a quantitative restriction agreement accepted under section 1671c(a)(2) or 1671c(c)(3) of this title (if suspension of the related investigation is still in effect)— (1) the administering authority shall, at the direction of the President, initiate a proceeding to determine whether any countervailable subsidy is being provided with respect to the subject merchandise and, if being so provided, the net countervailable subsidy; and (2) if the administering authority initiates a proceeding under paragraph (1), the Commission shall determine whether imports of the merchandise of the kind subject to the agreement will, upon termination of the agreement, materially injure, or threaten with material injury, an industry in the United States or materially retard the establishment of such an industry. **(b) Determinations** The determinations required to be made by the administering authority and the Commission under subsection (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regulation prescribe, and shall be treated as final determinations made under [section 1671d of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d&num=0&edition=prelim) for purposes of judicial review under [section 1516a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516a&num=0&edition=prelim). If the determinations by each are affirmative, the administering authority shall— (1) issue a countervailing duty order under [section 1671e of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim) effective with respect to merchandise entered on

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Source location: Title 19, Chapter 4, § 1676a; chapter-004-tariff-act-of-1930.md

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

19 U.S.C. § 1671 — Countervailing duties imposed

**(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

19 U.S.C. § 1671d — Final determinations

**(a) Final determination by administering authority** (1) **In general** — Within 75 days after the date of the preliminary determination under [section 1671b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/b&num=0&edition=prelim), the administering authority shall make a final determination of whether or not a countervailable subsidy is being provided with respect to the subject merchandise; except that when an investigation under this part is initiated simultaneously with an investigation under part II of this subtitle, which involves imports of the same class or kind of merchandise from the same or other countries, the administering authority, if requested by the petitioner, shall extend the date of the final determination under this paragraph to the date of the final determination of the administering authority in such investigation initiated under part II of this subtitle. (2) **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 been alleged under [section 1671b(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e&num=0&edition=prelim), shall also contain a finding as to whether— (A) the countervailable subsidy is inconsistent with the Subsidies Agreement, and (B) there have been massive imports of the subject merchandise over a relatively short period. Such findings may be affirmative even though the preliminary determination under [section 1671b(e)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/e/1&num=0&edition=prelim) was negative. (3) **

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

19 U.S.C. § 1677c — Hearings

**(a) Investigation hearings** (1) **In general** — Except as provided in paragraph (2), the administering authority and the Commission shall each hold a hearing in the course of an investigation upon the request of any party to the investigation before making a final determination under section 1671d or 1673d of this title. (2) **Exception** — If investigations are initiated under part I and part II of this subtitle regarding the same merchandise from the same country within 6 months of each other (but before a final determination is made in either investigation), the holding of a hearing by the Commission in the course of one of the investigations shall be treated as compliance with paragraph (1) for both investigations, unless the Commission considers that special circumstances require that a hearing be held in the course of each of the investigations. During any investigation regarding which the holding of a hearing is waived under this paragraph, the Commission shall allow any party to submit such additional written comment as it considers relevant. **(b) Procedures** Any hearing required or permitted under this subtitle shall be conducted after notice published in the Federal Register, and a transcript of the hearing shall be prepared and made available to the public. The hearing shall not be subject to the provisions of subchapter II of chapter 5 of title 5, or to section 702 of such title.

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

19 U.S.C. § 1671e — Assessment of duty

**(a) Publication of countervailing duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), the administering authority shall publish a countervailing duty order which— (1) directs customs officers to assess a countervailing duty equal to the amount of the net countervailable subsidy determined or estimated to exist, 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 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, (2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and (3) requires the deposit of estimated countervailing duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited. **(b) Imposition of duties** (1) **General rule** — If the Commission, in its final determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), finds material injury or threat of material injury which, but for the suspension of liquidation under [section 1671b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/2&num=0&edition=prelim), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation

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

19 U.S.C. § 1675 — Administrative review of determinations

**(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

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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. § 1676a — Required determinations

Page 380 TITLE 19—CUSTOMS DUTIES § 1676 ‘‘(1) unliquidated; and ‘‘(2)(A) not in litigation; and ‘‘(B) not under an order of liquidation from the De- partment of Commerce.’’ [Pub. L. 111–312, title V, § 504(b), Dec. 17, 2010, 124 Stat. 3308, provided that: ‘‘The amendment made by sub- section (a) [amending section 822 of Pub. L. 111–291, set out above] shall take effect as if included in the provi- sions of the Claims Resolution Act of 2010 [Pub. L. 111–291].’’] Pub. L. 109–171, title VII, § 7601(b), Feb. 8, 2006, 120 Stat. 154, provided that: ‘‘All duties on entries of goods made and filed before October 1, 2007, that would, but for subsection (a) of this section [repealing this sec- tion], be distributed under section 754 of the Tariff Act of 1930 [this section], shall be distributed as if section 754 of the Tariff Act of 1930 had not been repealed by subsection (a).’’ SUBPART B—CONSULTATIONS AND DETERMINA- TIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS § 1676. Required consultations (a) Agreements in response to countervailable subsidies Within 90 days after the administering author- ity accepts a quantitative restriction agreement under section 1671c(a)(2) or (c)(3) of this title, the President shall enter into consultations with the government that is party to the agree- ment for purposes of— (1) eliminating the countervailable subsidy completely, or (2) reducing the net countervailable subsidy to a level that eliminates completely the inju- rious effect of exports to the United States of the merchandise. (b) Modification of agreements on basis of con- sultations At the direction of the President, the admin- istering authority shall modify a quantitative restriction agreement as a result of consulta- tions entered into under subsectio

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