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19 U.S.C. § 4611 — Treatment of amendments to antidumping and countervailing duty law
Federal law — U.S. Code and appendices · legal_authorities
Any amendment enacted after the USMCA that is made to—
(1) section 303 11 See References in Text note below. or title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.], or any successor statute, or
(2) any other statute which—
(A) provides for judicial review of final determinations under such section, title, or successor statute, or
(B) indicates the standard of review to be applied,
shall apply to goods from a USMCA country only to the extent specified in the amendment.
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Source file: Laws/federal/codes/united-states-code/title-19/section-4611-treatment-of-amendments-to-antidumping-and-countervailing-duty-law--35e7563561.md
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Source location: Title 19, Chapter 29, § 4611; chapter-029-united-states-mexico-canada-agreement-implementation.md
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Any amendment enacted after the USMCA that is made to—
(1) section 303 11 See References in Text note below. or title VII of the Tariff Act of 1930 [[19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.], or any successor statute, or
(2) any other statute which—
(A) provides for judicial review of final determinations under such section, title, or successor statute, or
(B) indicates the standard of review to be applied,
shall apply to goods from a USMCA country only to the extent specified in the amendment.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, acts June 17, 1930, ch. 497, title III, § 303, 46 Stat. 687; Jan. 3, 1975, Pub. L. 93–618, title III, § 331(a), 88 Stat. 2049; Apr. 3, 1979, Pub. L. 96–6, § 1, 93 Stat. 10; July 26, 1979, Pub. L. 96–39, title I, §§ 103, 105(a), 93 Stat. 190, 193, provided for the levy of countervailing duties.
#### Effective Date of Repeal
Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908, provided that this section is repealed “effective on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)]”.
#### Savings Provision
Pub. L. 103–465, title II, § 261(b), (c), Dec. 8, 1994, 108 Stat. 4908, 4909, provided that: “(b) Savings Provisions.—“(1) Continuing effect of legal documents.—All orders, determinations, and other administrative actions—“(A) which have been issued pursuant to an investigation conducted under section 303 of the Tariff Act of 1930 [[19 U.S.C. 1303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim)], and “(B) which are in effect on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)], or were final before such date and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the administering authority, the International Trade Commission, or a court of competent jurisdiction, or by operat
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1303
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1671
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Federal law — U.S. Code and appendices · legal_authorities
**(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.
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4581
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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
This chapter may be cited as the “Tariff Act of 1930.”
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Federal law — U.S. Code and appendices · legal_authorities
Page 329
TITLE 19—CUSTOMS DUTIES
§ 1671
1 So in original. Probably should be section ‘‘1677–1(a)’’.
2 So in original. Probably should be section ‘‘1677–1(c)’’.
SUBTITLE IV—COUNTERVAILING AND
ANTIDUMPING DUTIES
PART I—IMPOSITION OF COUNTERVAILING DUTIES
Editorial Notes
CODIFICATION
The designations ‘‘SUBTITLE IV’’ and ‘‘PART I’’ were
in the original ‘‘TITLE VII’’ and ‘‘Subtitle A’’ respec-
tively, and were editorially changed in order to con-
form the numbering format of this subtitle to the us-
ages employed in the codification of the remainder of
the Tariff Act of 1930 as originally enacted.
§ 1671. Countervailing duties imposed
(a) General rule
If—
(1) the administering authority determines
that the government of a country or any pub-
lic 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 Commis-
sion 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 merchan-
dise 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, a
reference to the sale of merchandise includes the
entering i
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1671
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Federal law — U.S. Code and appendices · legal_authorities
Page 1162
TITLE 19—CUSTOMS DUTIES
§ 4611
Editorial Notes
REFERENCES IN TEXT
This title, referred to in subsecs. (a) and (b)(1), means
title IV of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 61,
which enacted this section, amended sections 1516a,
1677, 1677f, and 4374 of this title and sections 1581, 1584,
2201, and 2643 of Title 28, Judiciary and Judicial Proce-
dure, and enacted provisions set out as a note under
section 1516a of this title.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE
Section effective on the date on which the USMCA
enters into force (July 1, 2020), but not applicable to
certain determinations under section 1516a of this title
or binational panel reviews under NAFTA, see section
432 of Pub. L. 116–113, set out as an Effective Date of
2020 Amendment note under section 1516a of this title.
SUBCHAPTER V—TRANSITION TO AND
EXTENSION OF USMCA
PART A—JOINT REVIEWS REGARDING EXTENSION
OF USMCA
§ 4611. Participation in joint reviews with Can-
ada and Mexico regarding extension of the
term of the USMCA and other action regard-
ing the USMCA
(a) In general
Pursuant to the requirements of this section,
the President shall consult with the appropriate
congressional committees and stakeholders be-
fore each joint review, including consultation
with respect to—
(1) any recommendation for action to be pro-
posed at the review; and
(2) the decision whether or not to confirm
that the United States wishes to extend the
USMCA.
(b) Consultations with Congress and stake-
holders
(1) Publication and public hearing
At least 270 days before a joint review com-
mences, the Trade Representative shall pub-
lish in the Federal Register a notice regarding
the joint review and shall, as soon as possible
following such publication, provide opp
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4611
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