19 U.S.C. § 4585 — Rules of procedure for panels and com-

Page 1158 TITLE 19—CUSTOMS DUTIES § 4584 mittee review. Such deposition may be taken be- fore any person designated by the committee and having power to administer oaths. Such tes- timony shall be reduced to writing by the person taking the deposition, or under the direction of such person, and shall then be subscribed by the deponent. Any individual, partnership, corpora- tion, association, organization, or other entity may be compelled to appear and be deposed and to produce documentary evidence in the same manner as witnesses may be compelled to ap- pear and testify and produce documentary evi- dence before the committee, as provided in this section. (Pub. L. 116–113, title IV, § 413, formerly Pub. L. 103–182, title IV, § 403, Dec. 8, 1993, 107 Stat. 2136; renumbered § 413 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(d), Jan. 29, 2020, 134 Stat. 74.) Editorial Notes CODIFICATION Section was formerly classified to section 3433 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–113, § 504(d)(3), in intro- ductory provisions, substituted ‘‘under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of ar- ticle 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee—’’ for ‘‘under paragraph 13 of article 1904, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 1904, for the purposes of carrying out its functions and duties under Annex 1904.13, the committee—’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020), but not applicable to cer- tain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title. § 4584. Requests for review of determinations by competent investigating authorities (a) Definitions As used in this section: (1) Competent investigating authority The term ‘‘competent investigating author- ity’’ means the competent investigating au- thority, 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 com- petent 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 com- petent investigating authority, a person, within the meaning of paragraph 5 of article 10.12, may request a binational panel review of such deter- mination 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 bi- national panel review within the meaning of ar- ticle 10.12. The request for such panel review shall be without prejudice to any challenge be- fore a binational panel of the basis for a par- ticular request for review. (d) Service of request for review Whenever binational panel review of a final determination made by a competent inves- tigating authority is requested under this sec- tion, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the im- porting country to commence proceedings for judicial review of the determination. (Pub. L. 116–113, title IV, § 414, formerly Pub. L. 103–182, title IV, § 404, Dec. 8, 1993, 107 Stat. 2137; renumbered § 414 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(e), Jan. 29, 2020, 134 Stat. 75.) Editorial Notes CODIFICATION Section was formerly classified to section 3434 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 504(e)(3)(A), struck out ‘‘of NAFTA countries’’ after ‘‘authorities’’ in section catchline. Subsec. (a)(1). Pub. L. 116–113, § 504(e)(3)(B)(i), sub- stituted ‘‘article 10.8, of a USMCA country.’’ for ‘‘arti- cle 1911, of a NAFTA country.’’ Subsec. (a)(2). Pub. L. 116–113, § 504(e)(3)(B)(ii), sub- stituted ‘‘article 10.16’’ for ‘‘article 1908’’. Subsec. (b). Pub. L. 116–113, § 504(e)(3)(C), substituted ‘‘article 10.12’’ for ‘‘article 1904’’. Subsec. (c). Pub. L. 116–113, § 504(e)(3)(D), substituted ‘‘article 10.12’’ for ‘‘article 1904’’ wherever appearing. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020), but not applicable to cer- tain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title. § 4585. Rules of procedure for panels and com- mittees (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 bi- national 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. Page 1159 TITLE 19—CUSTOMS DUTIES § 4587 (b) Rules of procedure for extraordinary chal- lenge committees The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for re- views by extraordinary challenge committees. (c) Rules of procedure for safeguarding panel re- view system The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special com- mittees described in such Annex. (d) Publication of rules The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Reg- ister. (e) Administering authority As used in this section, the term ‘‘admin- istering authority’’ has the meaning given such term in section 1677(1) of this title. (Pub. L. 116–113, title IV, § 415, formerly Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137; renumbered § 415 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(f), Jan. 29, 2020, 134 Stat. 75.) Editorial Notes CODIFICATION Section was formerly classified to section 3435 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–113, § 504(f)(3)(A), sub- stituted ‘‘article 10.12’’ for ‘‘article 1904’’ in introduc- tory provisions. Subsec. (b). Pub. L. 116–113, § 504(f)(3)(B), substituted ‘‘Annex 10–B.3’’ for ‘‘Annex 1904.13’’. Subsec. (c). Pub. L. 116–113, § 504(f)(3)(C), substituted ‘‘Annex 10–B.4’’ for ‘‘Annex 1905.6’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020), but not applicable to cer- tain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title. § 4586. 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 in- clude— (1) achievement of increased discipline on domestic subsidies provided by a foreign gov- ernment, including— (A) the provision of capital, loans, or loan guarantees on terms inconsistent with com- mercial 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 ex- penses of manufacture, production, or dis- tribution; (2) achievement of increased discipline on export subsidies provided by a foreign govern- ment, particularly with respect to agricul- tural products; and (3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties. (Pub. L. 116–113, title IV, § 416, formerly Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138; renumbered § 416 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(g), Jan. 29, 2020, 134 Stat. 75.) Editorial Notes CODIFICATION Section was formerly classified to section 3436 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 504(g)(3), substituted ‘‘USMCA country’’ for ‘‘NAFTA country’’ in introductory provi- sions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020), but not applicable to cer- tain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title. § 4587. Identification of industries facing sub- sidized imports (a) Petitions Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe— (1) that— (A) as a result of implementation of provi- sions of the USMCA, the industry is likely to face increased competition from sub- sidized imports, from a USMCA country, with which it directly competes; or (B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, fol- lowing consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and (2) that the industry is likely to experience a deterioration of its competitive position be- fore more effective rules and disciplines relat- ing to the use of government subsidies have been developed with respect to the country concerned; may file with the Trade Representative a peti- tion that such industry be identified under this section. (b) Identification of industry Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in con- sultation with the Secretary of Commerce, shall