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19 U.S.C. § 3451 — Transferred

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19 U.S.C. § 3451 — Transferred

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Source file: Laws/federal/codes/united-states-code/title-19/section-3451-transferred--cb0a8a15bc.md
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Source location: Title 19, Chapter 21, § 3451; chapter-021-north-american-free-trade.md

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### 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, 134 Stat. 75, and transferred to [section 4584 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4584&num=0&edition=prelim). Section 3435, Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137, which provided for rules of procedure for panels and committees, was renumbered as section 415 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(f)(1), (2), Jan. 29, 2020, 134 Stat. 75, and transferred to [section 4585 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4585&num=0&edition=prelim). Section 3436, Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138, which set out agreement negotiating objectives with respect to subsidies, was renumbered as section 416 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(g)(1), (2), Jan. 29, 2020, 134 Stat. 75, and transferred to [section 4586 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4586&num=0&edition=prelim). Section 3437, Pub. L. 103–182, title IV, § 407, Dec. 8, 1993, 107 Stat. 2138; Pub. L. 104–295, § 21(c)(2), Oct. 11, 1996, 110 Stat. 3530, which related to identification of industries facing subsidized imports, was renumbered as section 417 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(h)(1), (2), Jan. 29, 2020, 134 Stat. 75, 76, and transferred to [section 4587 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4587&num=0&edition=prelim). Section 3438, Pub. L. 103–182, title IV, § 408, Dec. 8, 1993, 107 Stat. 2140, which limited application of amendments to certain antidumping and countervailing duty laws, was renumbered as section 418 of subtitle B of title IV of Pub. L. 116–113 by Pub. L. 116–113, title V, § 504(i)(1), (2), Jan. 29, 2020, 134 Stat. 76, and transferred to [section 4588 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4588&num=0&edition=prelim). #### Effective Date Pub. L. 103–182, title IV, § 416, Dec. 8, 1993, 107 Stat. 2148, which provided that title IV of Pub. L. 103–182 took effect on the date the Agreement entered into force with respect to the United States but was not applicable to certain determinations or binational panel reviews, was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).

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

19 U.S.C. § 4583 — References in part

Any reference in this part to an Annex, chapter, or article shall be considered to be a reference to the respective Annex, chapter, or article of the USMCA.

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

19 U.S.C. § 4584 — Organizational and administrative provisions

**(a) Criteria for selection of individuals to serve on panels and committees** (1) **In general** — The selection of individuals under this section for— (A) placement on lists prepared by the interagency group under subsection (c)(2)(B)(i) and (ii); (B) placement on preliminary candidate lists under subsection (c)(3)(A); (C) placement on final candidate lists under subsection (c)(4)(A); (D) placement by the Trade Representative on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; and (E) appointment by the Trade Representative for service on the panels and committees convened under chapter 10; shall be made on the basis of the criteria provided in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 and shall be made without regard to political affiliation. (2) **Additional criteria for roster placements and appointments** — Rosters described in paragraph 1 of Annex 10–B.1 shall include, to the fullest extent practicable, judges and former judges who meet the criteria referred to in paragraph (1). The Trade Representative shall, subject to subsection (b), appoint judges to binational panels convened under chapter 10, extraordinary challenge committees convened under chapter 10, and special committees established under article 10.13, where such judges offer and are available to serve and such service is authorized by the chief judge of the court on which they sit. **(b) Selection of certain judges to serve on panels and committees** (1) **Applicability** — This subsection applies only with respect to the selection of individuals for binational panels convened under chapter 10, extraordinary challenge committees convened under chapter 10, and special committees established under article 10.13, who are judges

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

19 U.S.C. § 4585 — Testimony and production of papers in extraordinary challenges

**(a) Authority of extraordinary challenge committee to obtain information** If an extraordinary challenge committee (hereafter in this section referred to as the “committee”) is convened under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee— (1) shall have access to, and the right to copy, any document, paper, or record pertinent to the subject matter under consideration, in the possession of any individual, partnership, corporation, association, organization, or other entity; (2) may summon witnesses, take testimony, and administer oaths; (3) may require any individual, partnership, corporation, association, organization, or other entity to produce documents, books, or records relating to the matter in question; and (4) may require any individual, partnership, corporation, association, organization, or other entity to furnish in writing, in such detail and in such form as the committee may prescribe, information in its possession pertaining to the matter. Any member of the committee may sign subpoenas, and members of the committee, when authorized by the committee, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence. **(b) Witnesses and evidence** The attendance of witnesses who are authorized to be summoned, and the production of documentary evidence authorized to be ordered, under subsection (a) may be required from any place in the United States at any designated place of hearing. In the case of disobedience to a subpoena authorized under subsection (a), the committee may request the Attorney General of the United States to invoke the a

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

19 U.S.C. § 4588 — Subsidy negotiations

In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include— (1) achievement of increased discipline on domestic subsidies provided by a foreign government, including— (A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations; (B) the provision of goods or services at preferential rates; (C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and (D) the assumption of any costs or expenses of manufacture, production, or distribution; (2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and (3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.

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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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19 U.S.C. § 4582 — Action by President with respect to affirmative determination

**(a) In general** Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission’s determination under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim) is affirmative or which contains a determination that the President may treat as affirmative in accordance with [section 1330(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330/d/1&num=0&edition=prelim)— (1) the President shall, subject to subsection (b), issue an order to the Secretary of Transportation specifying the relief to be provided, consistent with subsection (c), and directing the relief to be carried out; and (2) the Secretary of Transportation shall carry out such relief. **(b) Exception** The President is not required to provide relief under this section if the President determines that provision of such relief— (1) is not in the national economic interest of the United States; or (2) would cause serious harm to the national security of the United States. **(c) Nature of relief** (1) **In general** — The relief the President is authorized to provide under this subsection is as follows: (A) (i) With respect to a determination relating to an investigation under [section 4572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572/a/1&num=0&edition=prelim), the denial or imposition of limitations on a request for a new grant of authority by the persons of Mexico that are the subject of the investigation. (ii) With respect to a determination relating to an investigation under [section 4572(a)(1) of this title](https://uscode.house.gov/view.x

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

19 U.S.C. § 4587 — Rules of procedure for panels and committees

**(a) Rules of procedure for binational panels** The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to binational panel reviews— (1) requests for such reviews, complaints, other pleadings, and other papers; (2) the amendment, filing, and service of such pleadings and papers; (3) the joinder, suspension, and termination of such reviews; and (4) other appropriate procedural matters. **(b) Rules of procedure for extraordinary challenge committees** The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for reviews by extraordinary challenge committees. **(c) Rules of procedure for safeguarding panel review system** The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special committees described in such Annex. **(d) Publication of rules** The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Register. **(e) Administering authority** As used in this section, the term “administering authority” has the meaning given such term in [section 1677(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/1&num=0&edition=prelim).

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19 U.S.C. § 3451 — Repealed. Pub. L. 116–113, title VI, § 601,

Page 852 TITLE 19—CUSTOMS DUTIES § 3421 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the date on which the USMCA en- tered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title. SUBPART 2—AGRICULTURAL STANDARDS § 3421. Repealed. Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78 Section, Pub. L. 103–182, title III, § 361, Dec. 8, 1993, 107 Stat. 2122, set out agricultural standards on peanut butter and peanut paste, established a grant for an ani- mal health biocontainment facility, and required an- nual reports on inspections of certain imported foods. Editorial Notes CODIFICATION Prior to repeal, section was comprised of section 361 of Pub. L. 103–182, which consisted of subsecs. (a) to (i). Subsecs. (g) to (i) of section 361 were set out as the text of this section. Subsecs. (a) to (f) of section 361 are clas- sified as follows: subsec. (a) amended section 1582 of Title 7, Agriculture; subsec. (b) amended section 104 of Title 21, Food and Drugs; subsec. (c) amended section 105 of Title 21; subsec. (d) amended section 1306 of this title and section 281 of Title 7; subsec. (e) amended sec- tion 466 of Title 21; and subsec. (f) amended section 620 of Title 21. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the date on which the USMCA en- tered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title. SUBCHAPTER IV—DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES PART A—ORGANIZATIONAL, ADMINISTRATIVE, AND PROCEDURAL PROVISIONS REGARDING IMPLE- MENTATION OF CHAPTER 19 OF AGREEMENT §§ 3431 to 3438. Transferred Ed

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