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of the Tariff Act of 1930 [this section], shall be distributed as if section 754 of the Tariff Act of 1930 had not been repealed by subsection (a).’’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 subsection (a). (c) Special rule regarding agreements under sec- tion 1671c(c)(3) of this title This subpart shall cease to apply to a quan- titative restriction agreement described in sec- tion 1671c(c)(3) of this title at such time as that agreement ceases to have force and effect under section 1671c(f) of this title or violation is found under section 1671c(i) of this title. (June 17, 1930, ch. 497, title VII, § 761, as added Pub. L. 98–573, title VI, § 611(a)(4), Oct. 30, 1984, 98 Stat. 3031; amended Pub. L. 103–465, title II, § 270(a)(1)(I), (b)(1)(C), (2), Dec. 8, 1994, 108 Stat. 4917.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–465, § 270(b)(1)(C), (2), in- serted ‘‘countervailable’’ before ‘‘subsidies’’ in heading. Subsec. (a)(1), (2). Pub. L. 103–465, § 270(a)(1)(I), in- serted ‘‘countervailable’’ before ‘‘subsidy’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amend- ed, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. § 1676a. Required determinations (a) In general Before the expiration date, if any, of a quan- titative 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 pro- ceeding to determine whether any countervailable subsidy is being provided with respect to the subject merchandise and, if being so provided, the net countervailable sub- sidy; and (2) if the administering authority initiates a proceeding under paragraph (1), the Commis- sion shall determine whether imports of the merchandise of the kind subject to the agree- ment 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 Commis- sion under subsection (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regu- lation prescribe, and shall be treated as final de- terminations made under section 1671d of this title for purposes of judicial review under sec- tion 1516a of this title. If the determinations by each are affirmative, the administering author- ity shall— (1) issue a countervailing duty order under section 1671e of this title effective with respect to merchandise entered on and after the date on which the agreement terminates; and (2) order the suspension of liquidation of all entries of subject merchandise which are en- tered, or withdrawn from warehouse for con- sumption, on or after the date of publication of the order in the Federal Register. (c) Hearings The determination proceedings required to be prescribed under subsection (b) shall provide that the administering authority and the Com- mission must, upon the request of any inter- ested party, hold a hearing in accordance with section 1677c of this title on the issues involved. (June 17, 1930, ch. 497, title VII, § 762, as added Pub. L. 98–573, title VI, § 611(a)(4), Oct. 30, 1984, 98 Stat. 3032; amended Pub. L. 103–465, title II, Page 381 TITLE 19—CUSTOMS DUTIES § 1677 §§ 233(a)(5)(Z), (AA), 270(a)(1)(J), Dec. 8, 1994, 108 Stat. 4900, 4917.) Editorial Notes AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(Z), 270(a)(1)(J), inserted ‘‘countervailable’’ before ‘‘sub- sidy’’ in two places and substituted ‘‘subject merchan- dise’’ for ‘‘merchandise subject to the agreement’’. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(5)(AA), sub- stituted ‘‘subject merchandise’’ for ‘‘merchandise sub- ject to the order’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, or reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART IV—GENERAL PROVISIONS Editorial Notes CODIFICATION The designation ‘‘PART IV’’ was in the original ‘‘Sub- title D’’ and was 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. § 1677. Definitions; special rules For purposes of this subtitle— (1) Administering authority The term ‘‘administering authority’’ means the Secretary of Commerce, or any other offi- cer of the United States to whom the responsi- bility for carrying out the duties of the admin- istering authority under this subtitle are transferred by law. (2) Commission The term ‘‘Commission’’ means the United States International Trade Commission. (3) Country The term ‘‘country’’ means a foreign coun- try, a political subdivision, dependent terri- tory, or possession of a foreign country, and, except for the purpose of antidumping pro- ceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of coun- tries into a customs union outside the United States. (4) Industry (A) In general The term ‘‘industry’’ means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) Related parties (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a pro- ducer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii) For purposes of clause (i), a producer and an exporter or importer shall be consid- ered to be related parties, if— (I) the producer directly or indirectly controls the exporter or importer, (II) the exporter or importer directly or indirectly controls the producer, (III) a third party directly or indirectly controls the producer and the exporter or importer, or (IV) the producer and the exporter or im- porter directly or indirectly control a third party and there is reason to believe that the relationship causes the producer to act differently than a nonrelated pro- ducer. For purposes of this subparagraph, a party shall be considered to directly or indirectly control another party if the party is legally or operationally in a position to exercise re- straint or direction over the other party. (C) Regional industries In appropriate circumstances, the United States, for a particular product market, may be divided into 2 or more markets and the producers within each market may be treat- ed as if they were a separate industry if— (i) the producers within such market sell all or almost all of their production of the domestic like product in question in that market, and (ii) the demand in that market is not supplied, to any substantial degree, by pro- ducers of the product in question located elsewhere in the United States. In such appropriate circumstances, material injury, the threat of material injury, or ma- terial retardation of the establishment of an industry may be found to exist with respect to an industry even if the domestic industry as a whole, or those producers whose collec- tive output of a domestic like product con- stitutes a major proportion of the total do- mestic production of that product, is not in- jured, if there is a concentration of dumped imports or imports of merchandise bene- fiting from a countervailable subsidy into such an isolated market and if the producers of all, or almost all, of the production within that market are being materially injured or threatened by material injury, or if the es- tablishment of an industry is being materi- ally retarded, by reason of the dumped im- ports or imports of merchandise benefiting from a countervailable subsidy. The term ‘‘regional industry’’ means the domestic pro- ducers within a region who are treated as a separate industry under this subparagraph.