19 U.S.C. § 3538 — Administrative action following WTO

Page 874 TITLE 19—CUSTOMS DUTIES § 3538 ment proceeding to which the United States is a party that is conducted pursuant to the Dispute Settlement Understanding. The file shall in- clude all United States submissions in the pro- ceeding and a listing of any submissions to the Trade Representative from the public with re- spect to the proceeding, as well as the report of the dispute settlement panel and the report of the Appellate Body. (Pub. L. 103–465, title I, § 127, Dec. 8, 1994, 108 Stat. 4835.) Editorial Notes CODIFICATION Section is comprised of section 127 of Pub. L. 103–465. Subsec. (f) of section 127 of Pub. L. 103–465 amended sec- tion 2155 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as a note under section 3531 of this title. § 3538. Administrative action following WTO panel reports (a) Action by United States International Trade Commission (1) Advisory report If a dispute settlement panel finds in an in- terim report under Article 15 of the Dispute Settlement Understanding, or the Appellate Body finds in a report under Article 17 of that Understanding, that an action by the Inter- national Trade Commission in connection with a particular proceeding is not in con- formity with the obligations of the United States under the Antidumping Agreement, the Safeguards Agreement, or the Agreement on Subsidies and Countervailing Measures, the Trade Representative may request the Com- mission to issue an advisory report on whether title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] or title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], as the case may be, per- mits the Commission to take steps in connec- tion with the particular proceeding that would render its action not inconsistent with the findings of the panel or the Appellate Body concerning those obligations. The Trade Rep- resentative shall notify the congressional committees of such request. (2) Time limits for report The Commission shall transmit its report under paragraph (1) to the Trade Representa- tive— (A) in the case of an interim report de- scribed in paragraph (1), within 30 calendar days after the Trade Representative requests the report; and (B) in the case of a report of the Appellate Body, within 21 calendar days after the Trade Representative requests the report. (3) Consultations on request for Commission determination If a majority of the Commissioners issues an affirmative report under paragraph (1), the Trade Representative shall consult with the congressional committees concerning the mat- ter. (4) Commission determination Notwithstanding any provision of the Tariff Act of 1930 [19 U.S.C. 1202 et seq.] or title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], if a majority of the Commissioners issues an af- firmative report under paragraph (1), the Com- mission, upon the written request of the Trade Representative, shall issue a determination in connection with the particular proceeding that would render the Commission’s action de- scribed in paragraph (1) not inconsistent with the findings of the panel or Appellate Body. The Commission shall issue its determination not later than 120 days after the request from the Trade Representative is made. (5) Consultations on implementation of Com- mission determination The Trade Representative shall consult with the congressional committees before the Com- mission’s determination under paragraph (4) is implemented. (6) Revocation of order If, by virtue of the Commission’s determina- tion under paragraph (4), an antidumping or countervailing duty order with respect to some or all of the imports that are subject to the action of the Commission described in paragraph (1) is no longer supported by an af- firmative Commission determination under title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] or this subsection, the Trade Rep- resentative may, after consulting with the congressional committees under paragraph (5), direct the administering authority to revoke the antidumping or countervailing duty order in whole or in part. (b) Action by administering authority (1) Consultations with administering authority and congressional committees Promptly after a report by a dispute settle- ment panel or the Appellate Body is issued that contains findings that an action by the administering authority in a proceeding under title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] is not in conformity with the obliga- tions of the United States under the Anti- dumping Agreement or the Agreement on Sub- sidies and Countervailing Measures, the Trade Representative shall consult with the admin- istering authority and the congressional com- mittees on the matter. (2) Determination by administering authority Notwithstanding any provision of the Tariff Act of 1930 [19 U.S.C. 1202 et seq.], the admin- istering authority shall, within 180 days after receipt of a written request from the Trade Representative, issue a determination in con- nection with the particular proceeding that would render the administering authority’s action described in paragraph (1) not incon- sistent with the findings of the panel or the Appellate Body. (3) Consultations before implementation Before the administering authority imple- ments any determination under paragraph (2), Page 875 TITLE 19—CUSTOMS DUTIES § 3539 the Trade Representative shall consult with the administering authority and the congres- sional committees with respect to such deter- mination. (4) Implementation of determination The Trade Representative may, after con- sulting with the administering authority and the congressional committees under paragraph (3), direct the administering authority to im- plement, in whole or in part, the determina- tion made under paragraph (2). (c) Effects of determinations; notice of implemen- tation (1) Effects of determinations Determinations concerning title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] that are implemented under this section shall apply with respect to unliquidated entries of the subject merchandise (as defined in section 771 of that Act [19 U.S.C. 1677]) that are en- tered, or withdrawn from warehouse, for con- sumption on or after— (A) in the case of a determination by the Commission under subsection (a)(4), the date on which the Trade Representative directs the administering authority under sub- section (a)(6) to revoke an order pursuant to that determination, and (B) in the case of a determination by the administering authority under subsection (b)(2), the date on which the Trade Rep- resentative directs the administering au- thority under subsection (b)(4) to implement that determination. (2) Notice of implementation (A) The administering authority shall pub- lish in the Federal Register notice of the im- plementation of any determination made under this section with respect to title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.]. (B) The Trade Representative shall publish in the Federal Register notice of the imple- mentation of any determination made under this section with respect to title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.]. (d) Opportunity for comment by interested par- ties Prior to issuing a determination under this section, the administering authority or the Commission, as the case may be, shall provide interested parties with an opportunity to submit written comments and, in appropriate cases, may hold a hearing, with respect to the deter- mination. (Pub. L. 103–465, title I, § 129, Dec. 8, 1994, 108 Stat. 4836.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in subsecs. (a)(1), (4), (6), (b)(1), (2), and (c)(1), (2)(A), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of this title. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables. The Trade Act of 1974, referred to in subsecs. (a)(1), (4) and (c)(2)(B), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title II of the Act is classified generally to subchapter II (§ 2251 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables. CODIFICATION Section is comprised of section 129 of Pub. L. 103–465. Subsecs. (a)(7) and (e) of section 129 of Pub. L. 103–465 amended sections 2254 and 1516a, respectively, of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as a note under section 3531 of this title. § 3539. Fund for WTO dispute settlements (a) Establishment of fund There is established in the Treasury a fund for the payment of settlements under this section. (b) Authority of USTR to pay settlements Amounts in the fund established under sub- section (a) shall be available, as provided in ap- propriations Acts, only for the payment by the United States Trade Representative of the amount of the total or partial settlement of any dispute pursuant to proceedings under the aus- pices of the World Trade Organization, if— (1) in the case of a total or partial settle- ment in an amount of not more than $10,000,000, the Trade Representative certifies to the Secretary of the Treasury that the set- tlement is in the best interests of the United States; and (2) in the case of a total or partial settle- ment in an amount of more than $10,000,000, the Trade Representative certifies to the Con- gress that the settlement is in the best inter- ests of the United States. (c) Appropriations There are authorized to be appropriated to the fund established under subsection (a)— (1) $50,000,000; and (2) amounts equivalent to amounts recov- ered by the United States pursuant to the set- tlement of disputes pursuant to proceedings under the auspices of the World Trade Organi- zation. Amounts appropriated to the fund are author- ized to remain available until expended. (d) Management of fund Sections 9601 and 9602(b) of title 26 shall apply to the fund established under subsection (a) to the same extent as such provisions apply to trust funds established under subchapter A of chapter 98 of such title. (Pub. L. 107–210, div. E, title L, § 5201, Aug. 6, 2002, 116 Stat. 1047.) Editorial Notes CODIFICATION Section was enacted as part of the Trade Act of 2002, and not as part of the Uruguay Round Agreements Act which enacted this chapter.