19 U.S.C. § 1516a — Judicial review in countervailing duty

Page 230 TITLE 19—CUSTOMS DUTIES § 1516a 1 So in original. Probably should be preceded by ‘‘section’’. 3 of 1979, § 5(a)(1)(D), 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 11288, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. § 1516a. Judicial review in countervailing duty and antidumping duty proceedings (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) 1 or 1673a(c) of this title, not to initiate an investigation, (B) a determination by the Commission, under section 1675(b) of this title, not to re- view a determination based upon changed circumstances, (C) a negative determination by the Com- mission, under section 1671b(a) or 1673b(a) of this title, as to whether there is reasonable indication of material injury, threat of ma- terial injury, or material retardation, or (D) a final determination by the admin- istering authority or the Commission under section 1675(c)(3) of this title, an interested party who is a party to the pro- ceeding 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 con- clusions 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 de- scribed in clause (ii), (iii), (iv), (v), or (viii) of subparagraph (B), (II) an antidumping or countervailing duty order based upon any determina- tion described in clause (i) of subpara- graph (B), or (III) notice of the implementation of any determination described in clause (vii) of subparagraph (B), or (ii) the date of mailing of a determina- tion described in clause (vi) of subpara- graph (B), 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 a summons, and within thir- ty days thereafter a 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 con- clusions upon which the determination is based. (B) Reviewable determinations The determinations which may be con- tested under subparagraph (A) are as follows: (i) Final affirmative determinations by the administering authority and by the Commission under section 1671d or 1673d of this title, including any negative part of such a determination (other than a part referred to in clause (ii)). (ii) A final negative determination by the administering authority or the Com- mission under section 1671d or 1673d of this title, including, at the option of the appel- lant, any part of a final affirmative deter- mination which specifically excludes any company or product. (iii) A final determination, other than a determination reviewable under paragraph (1), by the administering authority or the Commission under section 1675 of this title. (iv) A determination by the admin- istering authority, under section 1671c or 1673c of this title, to suspend an anti- dumping duty or a countervailing duty in- vestigation, including any final determina- tion resulting from a continued investiga- tion which changes the size of the dumping margin or net countervailable subsidy cal- culated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded. (v) An injurious effect determination by the Commission under section 1671c(h) or 1673c(h) of this title. (vi) A determination by the admin- istering authority as to whether a par- ticular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or anti- dumping or countervailing duty order. (vii) A determination by the admin- istering authority or the Commission under section 3538 of this title concerning a determination under subtitle IV of this chapter. (viii) A determination by the Commis- sion under section 1675b(a)(1) of this title. (3) Exception Notwithstanding the limitation imposed by paragraph (2)(A)(i)(II) of this subsection, a final affirmative determination by the admin- istering authority under section 1671d or 1673d of this title may be contested by commencing an action, in accordance with the provisions of paragraph (2)(A), within thirty days after the date of publication in the Federal Register of a final negative determination by the Commis- sion under section 1671d or 1673d of this title. (4) Procedures and fees The procedures and fees set forth in chapter 169 of title 28 apply to an action under this section. (5) Time limits in cases involving merchandise from free trade area countries Notwithstanding any other provision of this subsection, in the case of a determination to which the provisions of subsection (g) apply, an action under this subsection may not be commenced, and the time limits for com- mencing an action under this subsection shall not begin to run, until the day specified in Page 231 TITLE 19—CUSTOMS DUTIES § 1516a whichever of the following subparagraphs ap- plies: (A) For a determination described in para- graph (1)(B) or clause (i), (ii) or (iii) of para- graph (2)(B), the 31st day after the date on which notice of the determination is pub- lished in the Federal Register. (B) For a determination described in clause (vi) of paragraph (2)(B), the 31st day after the date on which the government of the relevant FTA country receives notice of the determination. (C) For a determination with respect to which binational panel review has com- menced in accordance with subsection (g)(8), the day after the date as of which— (i) the binational panel has dismissed bi- national panel review of the determination for lack of jurisdiction, and (ii) any interested party seeking review of the determination under paragraph (1), (2), or (3) of this subsection has provided timely notice under subsection (g)(3)(B). If such an interested party files a summons and complaint under this subsection after dismissal by the binational panel, and if a request for an extraordinary challenge com- mittee is made with respect to the decision by the binational panel to dismiss— (I) judicial review under this subsection shall be stayed during consideration by the committee of the request, and (II) the United States Court of Inter- national Trade shall dismiss the action if the committee vacates or remands the bi- national panel decision to dismiss. (D) For a determination for which review by the United States Court of International Trade is provided for— (i) under subsection (g)(12)(B), the day after the date of publication in the Federal Register of notice that article 10.12 of the USMCA has been suspended, or (ii) under subsection (g)(12)(D), the day after the date that notice of settlement is published in the Federal Register. (E) For a determination described in clause (vii) of paragraph (2)(B), the 31st day after the date on which notice of the imple- mentation of the determination is published in the Federal Register. (b) Standards of review (1) Remedy The court shall hold unlawful any deter- mination, finding, or conclusion found— (A) in an action brought under subpara- graph (A), (B), or (C) of subsection (a)(1), to be arbitrary, capricious, an abuse of discre- tion, or otherwise not in accordance with law, or (B)(i) in an action brought under para- graph (2) of subsection (a), to be unsupported by substantial evidence on the record, or otherwise not in accordance with law, or (ii) in an action brought under paragraph (1)(D) of subsection (a), to be arbitrary, ca- pricious, an abuse of discretion, or otherwise not in accordance with law. (2) Record for review (A) In general For the purposes of this subsection, the record, unless otherwise stipulated by the parties, shall consist of— (i) a copy of all information presented to or obtained by the Secretary, the admin- istering authority, or the Commission dur- ing the course of the administrative pro- ceeding, including all governmental memoranda pertaining to the case and the record of ex parte meetings required to be kept by section 1677f(a)(3) of this title; and (ii) a copy of the determination, all tran- scripts or records of conferences or hear- ings, and all notices published in the Fed- eral Register. (B) Confidential or privileged material The confidential or privileged status ac- corded to any documents, comments, or in- formation shall be preserved in any action under this section. Notwithstanding the pre- ceding sentence, the court may examine, in camera, the confidential or privileged mate- rial, and may disclose such material under such terms and conditions as it may order. (3) Effect of decisions by United States-Canada or USMCA binational panels In making a decision in any action brought under subsection (a), a court of the United States is not bound by, but may take into con- sideration, a final decision of a binational panel or extraordinary challenge committee convened pursuant to article 1904 of the Agree- ment or article 10.12 of the USMCA. (c) Liquidation of entries (1) Liquidation in accordance with determina- tion Unless such liquidation is enjoined by the court under paragraph (2) of this subsection, entries of merchandise of the character cov- ered by a determination of the Secretary, the administering authority, or the Commission contested under subsection (a) shall be liq- uidated in accordance with the determination of the Secretary, the administering authority, or the Commission, if they are entered, or withdrawn from warehouse, for consumption on or before the date of publication in the Fed- eral Register by the Secretary or the admin- istering authority of a notice of a decision of the United States Court of International Trade, or of the United States Court of Ap- peals for the Federal Circuit, not in harmony with that determination. Such notice of a de- cision shall be published within ten days from the date of the issuance of the court decision. (2) Injunctive relief In the case of a determination described in paragraph (2) of subsection (a) by the Sec- retary, the administering authority, or the Commission, the United States Court of Inter- national Trade may enjoin the liquidation of some or all entries of merchandise covered by a determination of the Secretary, the admin- istering authority, or the Commission, upon a request by an interested party for such relief Page 232 TITLE 19—CUSTOMS DUTIES § 1516a 2 See References in Text note below. and a proper showing that the requested relief should be granted under the circumstances. (3) Remand for final disposition If the final disposition of an action brought under this section is not in harmony with the published determination of the Secretary, the administering authority, or the Commission, the matter shall be remanded to the Sec- retary, the administering authority, or the Commission, as appropriate, for disposition consistent with the final disposition of the court. (d) Standing Any interested party who was a party to the proceeding under section 1303 2 of this title or subtitle IV of this chapter shall have the right to appear and be heard as a party in interest be- fore the United States Court of International Trade. The party filing the action shall notify all such interested parties of the filing of an ac- tion under this section, in the form, manner, style, and within the time prescribed by rules of the court. (e) Liquidation in accordance with final decision If the cause of action is sustained in whole or in part by a decision of the United States Court of International Trade or of the United States Court of Appeals for the Federal Circuit— (1) entries of merchandise of the character covered by the published determination of the Secretary, the administering authority, or the Commission, which is entered, or withdrawn from warehouse, for consumption after the date of publication in the Federal Register by the Secretary or the administering authority of a notice of the court decision, and (2) entries, the liquidation of which was en- joined under subsection (c)(2), shall be liquidated in accordance with the final court decision in the action. Such notice of the court decision shall be published within ten days from the date of the issuance of the court deci- sion. (f) Definitions For purposes of this section— (1) Administering authority The term ‘‘administering authority’’ means the administering authority described in sec- tion 1677(1) of this title. (2) Commission The term ‘‘Commission’’ means the United States International Trade Commission. (3) Interested party The term ‘‘interested party’’ means any per- son described in section 1677(9) of this title. (4) Secretary The term ‘‘Secretary’’ means the Secretary of the Treasury. (5) Agreement The term ‘‘Agreement’’ means the United States-Canada Free-Trade Agreement. (6) United States Secretary The term ‘‘United States Secretary’’ means— (A) the secretary for the United States Section referred to in article 10.16 of the USMCA, and (B) the secretary of the United States Sec- tion provided for in article 1909 of the Agree- ment. (7) Relevant FTA Secretary The term ‘‘relevant FTA Secretary’’ means the Secretary— (A) referred to in article 10.16 of the USMCA, or (B) provided for in paragraph 5 of article 1909 of the Agreement, of the relevant FTA country. (8) Relevant FTA country The term ‘‘relevant FTA country’’ means the free trade area country to which an anti- dumping or countervailing duty proceeding pertains. (9) Free trade area country The term ‘‘free trade area country’’ means the following: (A) Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada. (B) Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico. (C) Canada for such time as— (i) it is not a free trade area country under subparagraph (A); and (ii) the Agreement is in force with re- spect to, and the United States applies the Agreement to, Canada. (10) USMCA The term ‘‘USMCA’’ has the meaning given that term in section 4502 of this title. (g) Review of countervailing duty and anti- dumping duty determinations involving free trade area country merchandise (1) ‘‘Determination’’ defined For purposes of this subsection, the term ‘‘determination’’ means a determination de- scribed in— (A) paragraph (1)(B) of subsection (a), or (B) clause (i), (ii), (iii), (vi), or (vii) of para- graph (2)(B) of subsection (a), if made in connection with a proceeding re- garding a class or kind of free trade area coun- try merchandise, as determined by the admin- istering authority. (2) Exclusive review of determination by bina- tional panels If binational panel review of a determination is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, then, except as provided in paragraphs (3) and (4)— (A) the determination is not reviewable under subsection (a), and (B) no court of the United States has power or jurisdiction to review the deter- mination on any question of law or fact by an action in the nature of mandamus or oth- erwise. Page 233 TITLE 19—CUSTOMS DUTIES § 1516a 3 So in original. The semicolon probably should be a comma. (3) Exception to exclusive binational panel re- view (A) In general A determination is reviewable under sub- section (a) if the determination sought to be reviewed is— (i) a determination as to which neither the United States nor the relevant FTA country requested review by a binational panel pursuant to article 1904 of the Agree- ment or article 10.12 of the USMCA; 3 (ii) a revised determination issued as a direct result of judicial review, com- menced pursuant to subsection (a), if nei- ther the United States nor the relevant FTA country requested review of the origi- nal determination, (iii) a determination issued as a direct result of judicial review that was com- menced pursuant to subsection (a) prior to the entry into force of the Agreement or the USMCA, (iv) a determination which a binational panel has determined is not reviewable by the binational panel, (v) a determination as to which bina- tional panel review has terminated pursu- ant to article 10.13 of the USMCA, or (vi) a determination as to which extraor- dinary challenge committee review has terminated pursuant to article 10.13 of the USMCA. (B) Special rule A determination described in subpara- graph (A)(i) or (iv) is reviewable under sub- section (a) only if the party seeking to com- mence review has provided timely notice of its intent to commence such review to— (i) the United States Secretary and the relevant FTA Secretary; (ii) all interested parties who were par- ties to the proceeding in connection with which the matter arises; and (iii) the administering authority or the Commission, as appropriate. Such notice is timely provided if the notice is delivered no later than the date that is 20 days after the date described in subpara- graph (A) or (B) of subsection (a)(5) that is applicable to such determination, except that, if the time for requesting binational panel review is suspended under paragraph (8)(A)(ii) of this subsection, any unexpired time for providing notice of intent to com- mence judicial review shall, during the pend- ency of any such suspension, also be sus- pended. Such notice shall contain such infor- mation, and be in such form, manner, and style, as the administering authority, in consultation with the Commission, shall prescribe by regulations. (4) Exception to exclusive binational panel re- view for constitutional issues (A) Constitutionality of binational panel re- view system An action for declaratory judgment or in- junctive relief, or both, regarding a deter- mination on the grounds that any provision of, or amendment made by, the United States-Canada Free-Trade Agreement Imple- mentation Act of 1988 implementing the bi- national panel dispute settlement system under chapter 19 of the Agreement, or the United States-Mexico-Canada Agreement Implementation Act implementing the bina- tional panel dispute settlement system under chapter 10 of the USMCA, violates the Constitution may be brought only in the United States Court of Appeals for the Dis- trict of Columbia Circuit, which shall have jurisdiction of such action. (B) Other constitutional review Review is available under subsection (a) with respect to a determination solely con- cerning a constitutional issue (other than an issue to which subparagraph (A) applies) arising under any law of the United States as enacted or applied. An action for review under this subparagraph shall be assigned to a 3-judge panel of the United States Court of International Trade. (C) Commencement of review Notwithstanding the time limits in sub- section (a), within 30 days after the date of publication in the Federal Register of notice that binational panel review has been com- pleted, an interested party who is a party to the proceeding in connection with which the matter arises may commence an action under subparagraph (A) or (B) by filing an action in accordance with the rules of the court. (D) Transfer of actions to appropriate court Whenever an action is filed in a court under subparagraph (A) or (B) and that court finds that the action should have been filed in the other court, the court in which the ac- tion was filed shall transfer the action to the other court and the action shall proceed as if it had been filed in the court to which it is transferred on the date upon which it was actually filed in the court from which it is transferred. (E) Frivolous claims Frivolous claims brought under subpara- graph (A) or (B) are subject to dismissal and sanctions as provided under section 1927 of title 28 and the Federal Rules of Civil Proce- dure. (F) Security (i) Subparagraph (A) actions The security requirements of rule 65(c) of the Federal Rules of Civil Procedure apply with respect to actions commenced under subparagraph (A). (ii) Subparagraph (B) actions No claim shall be heard, and no tem- porary restraining order or temporary or permanent injunction shall be issued, under an action commenced under sub- paragraph (B), unless the party seeking re- view first files an undertaking with ade- quate security in an amount to be fixed by the court sufficient to recompense parties Page 234 TITLE 19—CUSTOMS DUTIES § 1516a affected for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction. If a court upholds the constitutionality of the determination in question in such action, the court shall award to a prevailing party fees and expenses, in addition to any costs incurred by that party, unless the court finds that the position of the other party was substantially justified or that special circumstances make an award unjust. (G) Panel record The record of proceedings before the bina- tional panel shall not be considered part of the record for review pursuant to subpara- graph (A) or (B). (H) Appeal to Supreme Court of court orders issued in subparagraph (A) actions Notwithstanding any other provision of law, any final judgment of the United States Court of Appeals for the District of Colum- bia Circuit which is issued pursuant to an action brought under subparagraph (A) shall be reviewable by appeal directly to the Su- preme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is en- tered; and the jurisdictional statement shall be filed within 30 days after such order is en- tered. No stay of an order issued pursuant to an action brought under subparagraph (A) may be issued by a single Justice of the Su- preme Court. (5) Liquidation of entries (A) Application In the case of a determination for which binational panel review is requested pursu- ant to article 1904 of the Agreement or arti- cle 10.12 of the USMCA, the rules provided in this paragraph shall apply, notwithstanding the provisions of subsection (c). (B) General rule In the case of a determination for which binational panel review is requested pursu- ant to article 1904 of the Agreement or arti- cle 10.12 of the USMCA, entries of merchan- dise covered by such determination shall be liquidated in accordance with the deter- mination of the administering authority or the Commission, if they are entered, or withdrawn from warehouse, for consumption on or before the date of publication in the Federal Register by the administering au- thority of notice of a final decision of a bina- tional panel, or of an extraordinary chal- lenge committee, not in harmony with that determination. Such notice of a decision shall be published within 10 days of the date of the issuance of the panel or committee de- cision. (C) Suspension of liquidation (i) In general Notwithstanding the provisions of sub- paragraph (B), in the case of a determina- tion described in clause (iii) or (vi) of sub- section (a)(2)(B) for which binational panel review is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, the administering authority, upon request of an interested party who was a party to the proceeding in connec- tion with which the matter arises and who is a participant in the binational panel re- view, shall order the continued suspension of liquidation of those entries of merchan- dise covered by the determination that are involved in the review pending the final disposition of the review. (ii) Notice At the same time as the interested party makes its request to the administering au- thority under clause (i), that party shall serve a copy of its request on the United States Secretary, the relevant FTA Sec- retary, and all interested parties who were parties to the proceeding in connection with which the matter arises. (iii) Application of suspension If the interested party requesting contin- ued suspension of liquidation under clause (i) is a foreign manufacturer, producer, or exporter, or a United States importer, the continued suspension of liquidation shall apply only to entries of merchandise man- ufactured, produced, exported, or imported by that particular manufacturer, producer, exporter, or importer. If the interested party requesting the continued suspension of liquidation under clause (i) is an inter- ested party described in subparagraph (C), (D), (E), or (F) of section 1677(9) of this title, the continued suspension of liquida- tion shall apply only to entries which could be affected by a decision of the bina- tional panel convened under chapter 19 of the Agreement or chapter 10 of the USMCA. (iv) Judicial review Any action taken by the administering authority or the United States Customs Service under this subparagraph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise. (6) Injunctive relief Except for cases under paragraph (4)(B), in the case of a determination for which bina- tional panel review is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, the provisions of subsection (c)(2) shall not apply. (7) Implementation of international obligations under article 1904 of the Agreement or ar- ticle 10.12 of the USMCA (A) Action upon remand If a determination is referred to a bina- tional panel or extraordinary challenge com- mittee under article 1904 of the Agreement or article 10.12 of the USMCA and the panel or committee makes a decision remanding the determination to the administering au- thority or the Commission, the admin- Page 235 TITLE 19—CUSTOMS DUTIES § 1516a istering authority or the Commission shall, within the period specified by the panel or committee, take action not inconsistent with the decision of the panel or committee. Any action taken by the administering au- thority or the Commission under this para- graph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise. (B) Application if subparagraph (A) held un- constitutional In the event that the provisions of sub- paragraph (A) are held unconstitutional under the provisions of subparagraphs (A) and (H) of paragraph (4), the provisions of this subparagraph shall take effect. In such event, the President is authorized on behalf of the United States to accept, as a whole, the decision of a binational panel or extraor- dinary challenge committee remanding the determination to the administering author- ity or the Commission within the period specified by the panel or committee. Upon acceptance by the President of such a deci- sion, the administering authority or the Commission shall, within the period speci- fied by the panel or committee, take action not inconsistent with such decision. Any ac- tion taken by the President, the admin- istering authority, or the Commission under this subparagraph shall not be subject to ju- dicial review, and no court of the United States shall have power or jurisdiction to re- view such action on any question of law or fact by an action in the nature of mandamus or otherwise. (8) Requests for binational panel review (A) Interested party requests for binational panel review (i) General rule An interested party who was a party to the proceeding in which a determination is made may request binational panel review of such determination by filing a request with the United States Secretary by no later than the date that is 30 days after the date described in subparagraph (A), (B), or (E) of subsection (a)(5) that is appli- cable to such determination. Receipt of such request by the United States Sec- retary shall be deemed to be a request for binational panel review within the mean- ing of article 1904(4) of the Agreement or article 10.12 of the USMCA. Such request shall contain such information and be in such form, manner, and style as the ad- ministering authority, in consultation with the Commission, shall prescribe by regulations. (ii) Suspension of time to request bina- tional panel review under the USMCA Notwithstanding clause (i), the time for requesting binational panel review shall be suspended during the pendency of any stay of binational panel review that is issued pursuant to article 10.13 of the USMCA. (B) Service of request for binational panel re- view (i) Service by interested party If a request for binational panel review of a determination is filed under subpara- graph (A), the party making the request shall serve a copy, by mail or personal service, on any other interested party who was a party to the proceeding in connec- tion with which the matter arises, and on the administering authority or the Com- mission, as appropriate. (ii) Service by United States Secretary If an interested party to the proceeding requests binational panel review of a de- termination by filing a request with the relevant FTA Secretary, the United States Secretary shall serve a copy of the request by mail on any other interested party who was a party to the proceeding in connec- tion with which the matter arises, and on the administering authority or the Com- mission, as appropriate. (C) Limitation on request for binational panel review Absent a request by an interested party under subparagraph (A), the United States may not request binational panel review of a determination under article 1904 of the Agreement or article 10.12 of the USMCA. (9) Representation in panel proceedings In the case of binational panel proceedings convened under chapter 19 of the Agreement or chapter 10 of the USMCA, the administering authority and the Commission shall be rep- resented by attorneys who are employees of the administering authority or the Commis- sion, respectively. Interested parties who were parties to the proceeding in connection with which the matter arises shall have the right to appear and be represented by counsel before the binational panel. (10) Notification of class or kind rulings In the case of a determination which is de- scribed in paragraph (2)(B)(vi) of subsection (a) and which is subject to the provisions of para- graph (2), the administering authority, upon request, shall inform any interested person of the date on which the Government of the rel- evant FTA country received notice of the de- termination under paragraph 4 of article 1904 of the Agreement or under article 10.12 of the USMCA. (11) Suspension and termination of suspension of article 10.12 of the USMCA (A) Suspension If a special committee established under article 10.13 of the USMCA issues an affirma- tive finding, the Trade Representative may, in accordance with article 10.13 of the USMCA, suspend the operation of article 10.12 of the USMCA. (B) Termination of suspension If a special committee is reconvened and makes an affirmative determination de- scribed in article 10.13 of the USMCA, any Page 236 TITLE 19—CUSTOMS DUTIES § 1516a suspension of the operation of article 10.12 of the USMCA shall terminate. (12) Judicial review upon termination of bina- tional panel or committee review under the USMCA (A) Notice of suspension or termination of suspension of article 10.12 of the USMCA (i) Notice of suspension Upon notification by the Trade Rep- resentative or the government of a coun- try described in subparagraph (A) or (B) of subsection (f)(9) that the operation of arti- cle 10.12 of the USMCA has been suspended in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of suspension of article 10.12 of the USMCA. (ii) Notice of termination of suspension Upon notification by the Trade Rep- resentative or the government of a coun- try described in subparagraph (A) or (B) of subsection (f)(9) that the suspension of the operation of article 10.12 of the USMCA is terminated in accordance with article 10.13 of the USMCA, the United States Sec- retary shall publish in the Federal Reg- ister a notice of termination of suspension of article 10.12 of the USMCA. (B) Transfer of final determinations for judi- cial review upon suspension of article 10.12 of the USMCA If the operation of article 10.12 of the USMCA is suspended in accordance with ar- ticle 10.13 of the USMCA— (i) upon the request of an authorized per- son described in subparagraph (C), any final determination that is the subject of a binational panel review or an extraor- dinary challenge committee review shall be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a); or (ii) in a case in which— (I) a binational panel review was com- pleted fewer than 30 days before the sus- pension, and (II) extraordinary challenge committee review has not been requested, upon the request of an authorized person described in subparagraph (C) which is made within 60 days after the completion of the binational panel review, the final determination that was the subject of the binational panel review shall be trans- ferred to the United States Court of Inter- national Trade (in accordance with rules issued by the Court) for review under sub- section (a). (C) Persons authorized to request transfer of final determinations for judicial review A request that a final determination be transferred to the Court of International Trade under subparagraph (B) may be made by— (i) if the United States made an allega- tion under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA— (I) the government of the relevant country described in subparagraph (A) or (B) of subsection (f)(9), (II) an interested party that was a party to the panel or committee review, or (III) an interested party that was a party to the proceeding in connection with which panel review was requested, but only if the time period for filing no- tices of appearance in the panel review has not expired, or (ii) if a country described in subpara- graph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA— (I) the government of that country, (II) an interested party that is a person of that country and that was a party to the panel or committee review, or (III) an interested party that is a per- son of that country and that was a party to the proceeding in connection with which panel review was requested, but only if the time period for filing notices of appearance in the panel review has not expired. (D) Transfer for judicial review upon settle- ment (i) If the Trade Representative achieves a settlement with the government of a coun- try described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA, and referral for judicial review is among the terms of such settlement, any final determination that is the subject of a binational panel review or an extraordinary challenge committee review shall, upon a re- quest described in clause (ii), be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a). (ii) A request referred to in clause (i) is a request made by— (I) the country referred to in clause (i), (II) an interested party that was a party to the panel or committee review, or (III) an interested party that was a party to the proceeding in connection with which panel review was requested, but only if the time for filing notices of ap- pearance in the panel review has not ex- pired. (June 17, 1930, ch. 497, title IV, § 516A, as added Pub. L. 96–39, title X, § 1001(a), July 26, 1979, 93 Stat. 300; amended Pub. L. 96–417, title VI, §§ 601(7), 608, Oct. 10, 1980, 94 Stat. 1744, 1745; Pub. L. 96–542, § 2, Dec. 17, 1980, 94 Stat. 3210; Pub. L. 97–164, title I, § 163(a)(2), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–573, title VI, § 623(a), Oct. 30, 1984, 98 Stat. 3040; Pub. L. 99–514, title XVIII, § 1888(6), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 100–449, title IV, § 401, Sept. 28, 1988, 102 Stat. 1878; Pub. L. 101–382, title I, § 134(a)(3), Aug. 20, 1990, 104 Stat. Page 237 TITLE 19—CUSTOMS DUTIES § 1516a 649; Pub. L. 103–182, title IV, § 411, Dec. 8, 1993, 107 Stat. 2140; Pub. L. 103–465, title I, § 129(e), title II, §§ 220(b), 270(a)(1)(N), 271(b), Dec. 8, 1994, 108 Stat. 4838, 4864, 4917, 4921; Pub. L. 104–295, §§ 20(a)(1), 21(c)(3), 22, Oct. 11, 1996, 110 Stat. 3526, 3530, 3531; Pub. L. 109–432, div. D, title III, § 3002, Dec. 20, 2006, 120 Stat. 3173; Pub. L. 116–113, title IV, § 421, Jan. 29, 2020, 134 Stat. 61.) AMENDMENT OF SECTION For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Ter- mination Dates of 1988 Amendment note below. Editorial Notes REFERENCES IN TEXT Section 1303 of this title, referred to in subsec. (d), is defined in section 1677(26) of this title to mean section 1330 as in effect on the day before Jan. 1, 1995. The North American Free Trade Agreement Imple- mentation Act, referred to in subsec. (g)(4)(A), is Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057. For complete clas- sification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables. The United States-Canada Free-Trade Agreement Im- plementation Act of 1988, referred to in subsec. (g)(4)(A), is Pub. L. 100–449, Sept. 28, 1988, 102 Stat. 1851, which is set out as a note under section 2112 of this title. For complete classification of this Act to the Code, see Tables. The United States-Mexico-Canada Agreement Imple- mentation Act, referred to in subsec. (g)(4)(A), is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11. For complete clas- sification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables. The Federal Rules of Civil Procedure, referred to in subsec. (g)(4)(E), (F), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure. CODIFICATION In the original, section 1001(a) of Pub. L. 96–39 di- rected that this section, designated as section 516A, be added to title V of the Tariff Act of 1930, however, since a title V of the Tariff Act of 1930 has not been enacted, this section was added to title IV of the Tariff Act of 1930 to reflect the probable intent of Congress. AMENDMENTS 2020—Subsec. (a)(2)(B)(vii). Pub. L. 116–113, § 421(1)(A), made technical amendment to reference in original Act which appears in text as reference to subtitle IV of this chapter. Subsec. (a)(5)(D)(i). Pub. L. 116–113, § 421(1)(B), sub- stituted ‘‘article 10.12 of the USMCA’’ for ‘‘article 1904 of the NAFTA’’. Subsec. (b)(3). Pub. L. 116–113, § 421(2), substituted ‘‘United States-Canada or USMCA’’ for ‘‘NAFTA or United States-Canada’’ in heading and ‘‘of the Agree- ment or article 10.12 of the USMCA’’ for ‘‘of the NAFTA or of the Agreement’’ in text. Subsec. (f)(6)(A). Pub. L. 116–113, § 421(3)(A), sub- stituted ‘‘article 10.16 of the USMCA’’ for ‘‘article 1908 of the NAFTA’’. Subsec. (f)(7)(A). Pub. L. 116–113, § 421(3)(B), sub- stituted ‘‘article 10.16 of the USMCA’’ for ‘‘article 1908 of the NAFTA’’. Subsec. (f)(8). Pub. L. 116–113, § 421(3)(C), (D), redesig- nated par. (9) as (8) and struck out former par. (8) which defined ‘‘NAFTA’’ as the North American Free Trade Agreement. Subsec. (f)(9). Pub. L. 116–113, § 421(3)(D), (E), redesig- nated par. (10) as (9), added subpars. (A) and (B), and struck out former subpars. (A) and (B) which defined ‘‘free trade area country’’ as Canada and Mexico for such time as the NAFTA was in force with respect to, and the United States applied the NAFTA to, those countries. Former par. (9) redesignated (8). Subsec. (f)(10). Pub. L. 116–113, § 421(3)(F), added par. (10). Former par. (10) redesignated (9). Subsec. (g)(2). Pub. L. 116–113, § 421(4)(A), substituted ‘‘of the Agreement or article 10.12 of the USMCA’’ for ‘‘of the NAFTA or of the Agreement’’ in introductory provisions. Subsec. (g)(3)(A)(i). Pub. L. 116–113, § 421(4)(B)(i), which directed substitution of ‘‘of the Agreement or ar- ticle 10.12 of the USMCA;’’ for ‘‘of the NAFTA or of the Agreement.’’, was executed by making the substitution for ‘‘of the NAFTA or of the Agreement,’’ to reflect the probable intent of Congress. Subsec. (g)(3)(A)(iii). Pub. L. 116–113, § 421(4)(B)(ii), substituted ‘‘the Agreement or the USMCA’’ for ‘‘the NAFTA or of the Agreement’’. Subsec. (g)(3)(A)(v). Pub. L. 116–113, § 421(4)(B)(iii), substituted ‘‘article 10.13 of the USMCA’’ for ‘‘para- graph 12 of article 1905 of the NAFTA’’. Subsec. (g)(3)(A)(vi). Pub. L. 116–113, § 421(4)(B)(iv), substituted ‘‘article 10.13 of the USMCA’’ for ‘‘para- graph 12 of article 1905 of the NAFTA’’. Subsec. (g)(4)(A). Pub. L. 116–113, § 421(4)(C), sub- stituted ‘‘the United States-Canada Free-Trade Agree- ment Implementation Act of 1988 implementing the bi- national panel dispute settlement system under chap- ter 19 of the Agreement, or the United States-Mexico- Canada Agreement Implementation Act implementing the binational panel dispute settlement system under chapter 10 of the USMCA’’ for ‘‘the North American Free Trade Agreement Implementation Act imple- menting the binational dispute settlement system under chapter 19 of the NAFTA, or the United States- Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settle- ment system under chapter 19 of the Agreement’’. Subsec. (g)(5)(A) to (C)(i). Pub. L. 116–113, § 421(4)(D)(i)–(iii)(I), substituted ‘‘of the Agreement or article 10.12 of the USMCA’’ for ‘‘of the NAFTA or of the Agreement’’. Subsec. (g)(5)(C)(iii). Pub. L. 116–113, § 421(4)(D)(iii)(II), substituted ‘‘of the Agreement or chapter 10 of the USMCA’’ for ‘‘of the NAFTA or of the Agreement’’. Subsec. (g)(6). Pub. L. 116–113, § 421(4)(E), substituted ‘‘of the Agreement or article 10.12 of the USMCA’’ for ‘‘of the NAFTA or of the Agreement’’. Subsec. (g)(7). Pub. L. 116–113, § 421(4)(F), substituted ‘‘of the Agreement or article 10.12 of the USMCA’’ for ‘‘of the NAFTA or the Agreement’’ in heading and ‘‘ar- ticle 1904 of the Agreement or article 10.12 of the USMCA’’ for ‘‘the NAFTA or the Agreement’’ in sub- par. (A). Subsec. (g)(8)(A)(i). Pub. L. 116–113, § 421(4)(G)(i)(I), substituted ‘‘of the Agreement or article 10.12 of the USMCA’’ for ‘‘of the NAFTA or of the Agreement’’. Subsec. (g)(8)(A)(ii). Pub. L. 116–113, § 421(4)(G)(i)(II), substituted ‘‘USMCA’’ for ‘‘NAFTA’’ in heading and ‘‘article 10.13 of the USMCA’’ for ‘‘paragraph 11(a) of ar- ticle 1905 of the NAFTA’’ in text. Subsec. (g)(8)(C). Pub. L. 116–113, § 421(4)(G)(ii), sub- stituted ‘‘of the Agreement or article 10.12 of the USMCA’’ for ‘‘of the NAFTA or the Agreement’’. Subsec. (g)(9). Pub. L. 116–113, § 421(4)(H), substituted ‘‘of the Agreement or chapter 10 of the USMCA’’ for ‘‘of the NAFTA or of the Agreement’’. Subsec. (g)(10). Pub. L. 116–113, § 421(4)(I), substituted ‘‘the Agreement or under article 10.12 of the USMCA’’ for ‘‘the NAFTA or the Agreement’’. Subsec. (g)(11). Pub. L. 116–113, § 421(4)(J), added par. (11) and struck out former par. (11) which related to suspension and termination of suspension of article 1904 of the NAFTA. Subsec. (g)(12). Pub. L. 116–113, § 421(4)(K)(i), sub- stituted ‘‘USMCA’’ for ‘‘NAFTA’’ in heading. Subsec. (g)(12)(A). Pub. L. 116–113, § 421(4)(K)(ii), added subpar. (A) and struck out former subpar. (A) which re- lated to notice of suspension or termination of suspen- sion of article 1904 of the NAFTA. Subsec. (g)(12)(B). Pub. L. 116–113, § 421(4)(K)(iii), sub- stituted ‘‘article 10.12 of the USMCA’’ for ‘‘article 1904’’ in heading and ‘‘If the operation of article 10.12 of the Page 238 TITLE 19—CUSTOMS DUTIES § 1516a USMCA is suspended in accordance with article 10.13 of the USMCA’’ for ‘‘If the operation of article 1904 of the NAFTA is suspended in accordance with paragraph 8(a) or 9 of article 1905 of the NAFTA’’ in introductory pro- visions. Subsec. (g)(12)(C)(i). Pub. L. 116–113, § 421(4)(K)(iv)(I)(aa), in introductory provisions, sub- stituted ‘‘if the United States made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA’’ for ‘‘if the United States made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 8(a) of article 1905 of the NAFTA’’. Subsec. (g)(12)(C)(i)(I). Pub. L. 116–113, § 421(4)(K)(iv)(I)(bb), substituted ‘‘subparagraph (A) or (B) of subsection (f)(9)’’ for ‘‘subsection (f)(10)(A) or (B)’’. Subsec. (g)(12)(C)(ii). Pub. L. 116–113, § 421(4)(K)(iv)(II), in introductory provisions, substituted ‘‘if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA’’ for ‘‘if a country described in subsection (f)(10)(A) or (B) made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 9 of arti- cle 1905 of the NAFTA’’. Subsec. (g)(12)(D)(i). Pub. L. 116–113, § 421(4)(K)(v), sub- stituted ‘‘a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA’’ for ‘‘a country described in subsection (f)(10)(A) or (B) pursuant to paragraph 7 of article 1905 of the NAFTA’’. 2006—Subsec. (g)(1)(B). Pub. L. 109–432 substituted ‘‘(vi), or (vii)’’ for ‘‘or (vi)’’. 1996—Subsec. (a)(2)(A)(i)(I). Pub. L. 104–295, § 20(a)(1), inserted comma after ‘‘subparagraph (B)’’. Subsec. (g)(4)(A). Pub. L. 104–295, § 22, substituted ‘‘Agreement Implementation Act of 1988’’ for ‘‘Imple- mentation Agreement Act of 1988’’. Subsec. (g)(12)(D). Pub. L. 104–295, § 21(c)(3), trans- ferred designation ‘‘(i)’’ from heading to before sen- tence beginning ‘‘If the Trade Representative’’. 1994—Subsec. (a)(1)(D). Pub. L. 103–465, § 220(b)(1), added subpar. (D). Subsec. (a)(2)(A)(i)(I). Pub. L. 103–465, § 271(b)(1), sub- stituted ‘‘(v), or (viii)’’ for ‘‘or (v)’’. Pub. L. 103–465, § 129(e)(1)(A)(i), struck out ‘‘, or’’ after ‘‘(B)’’. Subsec. (a)(2)(A)(i)(III). Pub. L. 103–465, § 129(e)(1)(A)(ii), added subcl. (III). Subsec. (a)(2)(B)(iv). Pub. L. 103–465, § 270(a)(1)(N), in- serted ‘‘countervailable’’ before ‘‘subsidy’’. Subsec. (a)(2)(B)(vii). Pub. L. 103–465, § 129(e)(1)(B), added cl. (vii). Subsec. (a)(2)(B)(viii). Pub. L. 103–465, § 271(b)(2), added cl. (viii). Subsec. (a)(5)(E). Pub. L. 103–465, § 129(e)(2), added sub- par. (E). Subsec. (b)(1)(A). Pub. L. 103–465, § 220(b)(2)(A), sub- stituted ‘‘under subparagraph (A), (B), or (C) of sub- section (a)(1)’’ for ‘‘under paragraph (1) of subsection (a)’’. Subsec. (b)(1)(B). Pub. L. 103–465, § 220(b)(2)(B), des- ignated existing provisions as cl. (i), substituted ‘‘, or’’ for period at end, and added cl. (ii). Subsec. (g)(8)(A)(i). Pub. L. 103–465, § 129(e)(3), sub- stituted ‘‘(A), (B), or (E)’’ for ‘‘(A) or (B)’’. 1993—Subsec. (a)(5). Pub. L. 103–182, § 411(1), amended par. (5) generally, substituting present provisions for provisions relating to time limits for commencing re- view in cases involving Canadian merchandise. Subsec. (b)(3). Pub. L. 103–182, § 411(2), inserted ‘‘NAFTA or’’ after ‘‘decisions by’’ in heading and ‘‘of the NAFTA or’’ after ‘‘article 1904’’ in text. Subsec. (f)(6), (7). Pub. L. 103–182, § 411(3)(A), amended pars. (6) and (7) generally, substituting present provi- sions for provisions which, in par. (6) defined ‘‘United States Secretary’’ as the secretary provided for in para- graph 4 of article 1909 of the United States-Canada Free-Trade Agreement, and in par. (7), defined ‘‘Cana- dian Secretary’’ as the secretary provided for in para- graph 5 of article 1909 of the Agreement. Subsec. (f)(8) to (10). Pub. L. 103–182, § 411(3)(B), added pars. (8) to (10). Subsec. (g). Pub. L. 103–182, § 411(4)(A), substituted ‘‘free trade area country merchandise’’ for ‘‘Canadian merchandise’’ in heading. Subsec. (g)(1). Pub. L. 103–182, § 411(4)(B), substituted ‘‘free trade area country merchandise’’ for ‘‘Canadian merchandise’’ in concluding provisions. Subsec. (g)(2). Pub. L. 103–182, § 411(4)(C), inserted ‘‘of the NAFTA or’’ after ‘‘article 1904’’ in introductory provisions. Subsec. (g)(3)(A). Pub. L. 103–182, § 411(4)(D), in cl. (i), substituted ‘‘nor the relevant FTA country’’ for ‘‘nor Canada’’ and inserted ‘‘of the NAFTA or’’ before ‘‘of the Agreement’’, in cl. (ii), substituted ‘‘nor the relevant FTA country’’ for ‘‘nor Canada’’, in cl. (iii), inserted ‘‘of the NAFTA or’’ before ‘‘of the Agreement’’ and struck out ‘‘or’’ at end, in cl. (iv), struck out ‘‘under paragraph (2)(A)’’ before ‘‘is not reviewable’’ and sub- stituted a comma for period at end, and added cls. (v) and (vi). Subsec. (g)(3)(B). Pub. L. 103–182, § 411(4)(E), sub- stituted first two sentences for former sentences which read as follows: ‘‘A determination described in subpara- graph (A)(i) or (iv) is reviewable under subsection (a) of this section only if the party seeking to commence re- view has provided timely notice of its intent to com- mence such review to the United States Secretary, the Canadian Secretary, all interested parties who were parties to the proceeding in connection with which the matter arises, and the administering authority or the Commission, as appropriate. Such notice is provided timely if the notice is delivered by no later than the date that is 20 days after the date described in subpara- graph (A) or (B) of subsection (a)(5) of this section that is applicable to such determination.’’ Subsec. (g)(4)(A). Pub. L. 103–182, § 411(4)(F), inserted ‘‘the North American Free Trade Agreement Imple- mentation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or’’ after ‘‘or amendment made by,’’, a comma before ‘‘vio- lates’’, ‘‘only’’ after ‘‘may be brought’’, and ‘‘, which shall have jurisdiction of such action’’ after ‘‘Circuit’’ and struck out at end ‘‘Any action brought under this subparagraph shall be heard and determined by a 3- judge court in accordance with section 2284 of title 28.’’ Subsec. (g)(5). Pub. L. 103–182, § 411(4)(G), inserted ‘‘of the NAFTA or’’ after ‘‘article 1904’’ in subpars. (A), (B), and (C)(i), substituted ‘‘, the relevant FTA Secretary,’’ for ‘‘, the Canadian Secretary,’’ in subpar. (C)(ii), and inserted ‘‘of the NAFTA or’’ after ‘‘chapter 19’’ in sub- par. (C)(iii). Subsec. (g)(6). Pub. L. 103–182, § 411(4)(H), inserted ‘‘of the NAFTA or’’ after ‘‘article 1904’’. Subsec. (g)(7). Pub. L. 103–182, § 411(4)(I)(i), inserted ‘‘of the NAFTA or the Agreement’’ in heading. Subsec. (g)(7)(A). Pub. L. 103–182, § 411(4)(I)(ii), (iii), substituted heading for one which read ‘‘In general’’ and inserted ‘‘the NAFTA or’’ before ‘‘the Agreement’’. Subsec. (g)(8)(A). Pub. L. 103–182, § 411(4)(J), des- ignated existing provisions as cl. (i), inserted cl. head- ing, realigned margin, inserted ‘‘of the NAFTA or’’ after ‘‘article 1904(4)’’, and added cl. (ii). Subsec. (g)(8)(B)(ii). Pub. L. 103–182, § 411(4)(K), sub- stituted ‘‘relevant FTA Secretary’’ for ‘‘Canadian Sec- retary’’. Subsec. (g)(8)(C). Pub. L. 103–182, § 411(4)(L), sub- stituted ‘‘of a determination under article 1904 of the NAFTA or the Agreement’’ for ‘‘under article 1904 of the Agreement of a determination’’. Subsec. (g)(9). Pub. L. 103–182, § 411(4)(M), inserted ‘‘of the NAFTA or’’ after ‘‘chapter 19’’. Subsec. (g)(10). Pub. L. 103–182, § 411(4)(N), substituted ‘‘Government of the relevant FTA country received no- Page 239 TITLE 19—CUSTOMS DUTIES § 1516a tice of the determination under paragraph 4 of article 1904 of the NAFTA or the Agreement’’ for ‘‘Government of Canada received notice of the determination under article 1904(4) of the Agreement’’. Subsec. (g)(11), (12). Pub. L. 103–182, § 411(4)(O), added pars. (11) and (12). 1990—Subsec. (a)(5)(A). Pub. L. 101–382, § 134(a)(3)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: ‘‘the date of publication in the Federal Register of— ‘‘(i) notice of any determination described in para- graph (1)(B) or a determination described in clause (ii) or (iii) of paragraph (2)(B), or ‘‘(ii) an antidumping or countervailing duty order based upon any determination described in clause (i) of paragraph (2)(B), or’’. Subsec. (a)(5)(C). Pub. L. 101–382, § 134(a)(3)(A)(ii), added subpar. (C). Subsec. (g)(3)(A)(iv). Pub. L. 101–382, § 134(a)(3)(B)(i), added cl. (iv). Subsec. (g)(3)(B). Pub. L. 101–382, § 134(a)(3)(B)(ii), in- serted ‘‘or (iv)’’ after ‘‘subparagraph (A)(i)’’. 1988—Subsec. (a)(5). Pub. L. 100–449, § 401(a), tempo- rarily added par. (5). See Effective and Termination Dates of 1988 Amendment note below. Subsec. (b)(3). Pub. L. 100–449, § 401(d), temporarily added par. (3). See Effective and Termination Dates of 1988 Amendment note below. Subsec. (f)(5) to (7). Pub. L. 100–449, § 401(b), tempo- rarily added pars. (5) to (7). See Effective and Termi- nation Dates of 1988 Amendment note below. Subsec. (g). Pub. L. 100–449, § 401(c), temporarily added subsec. (g). See Effective and Termination Dates of 1988 Amendment note below. 1986—Subsec. (a)(3). Pub. L. 99–514 substituted ‘‘(2)(A)(i)(II)’’ for ‘‘(2)(A)(ii)’’. 1984—Subsec. (a)(1). Pub. L. 98–573, § 623(a)(1), amend- ed par. (1) generally, and thereby struck out the des- ignation ‘‘(A)’’ before ‘‘Within 30 days’’, redesignated former cls. (i) to (iii) as subpars. (A) to (C), respec- tively, in subpar. (A) as so redesignated struck out ref- erences to the Secretary and to section 1303(a)(3) of this title, in subpar. (B) as so redesignated struck out ref- erence to the administering authority and to review of agreements based on changed circumstances, and struck out former subpar. (B), relating to a right of ju- dicial review of certain determinations of the admin- istering authority within 10 days after publication of notice of the determination in the Federal Register. Subsec. (a)(2)(A). Pub. L. 98–573, § 623(a)(2), inserted the designation ‘‘(i)’’ before ‘‘the date of publication in the Federal Register of’’, redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii). Subsec. (a)(2)(B)(i). Pub. L. 98–573, § 623(a)(3), amended cl. (i) generally and thereby struck out provisions re- ferring to final affirmative determinations by the Sec- retary and by the Commission under section 1303 of this title, and inserted reference to any negative part of de- cisions under section 1671d or 1673d of this title. Subsec. (a)(2)(B)(ii). Pub. L. 98–573, § 623(a)(3), amend- ed cl. (ii) generally and thereby struck out references to the Secretary and to section 1303 of this title and in- serted provision relating to any part of a final affirma- tive determination which specifically excludes any company or product. Subsec. (a)(2)(B)(iii). Pub. L. 98–573, § 623(a)(3), amend- ed cl. (iii) generally and thereby substituted provisions relating to final determinations by the administering authority or the Commission for provisions relating to determinations by the Secretary, the administering au- thority, or the Commission. Subsec. (a)(2)(B)(iv). Pub. L. 98–573, § 623(a)(3), amend- ed cl. (iv) generally and thereby inserted provision re- lating to any final determination resulting from a con- tinued investigation which changes the size of the dumping margin or net subsidy calculated, or the rea- soning underlying such calculations, at the time the suspension agreement was concluded. Subsec. (a)(2)(B)(vi). Pub. L. 98–573, § 623(a)(3), added cl. (vi). Subsec. (a)(3), (4). Pub. L. 98–573, § 623(a)(4), added par. (3) and redesignated former par. (3) as (4). 1982—Subsecs. (c)(1), (e). Pub. L. 97–164 substituted ‘‘Court of Appeals for the Federal Circuit’’ for ‘‘Court of Customs and Patent Appeals’’. 1980—Subsec. (a)(1). Pub. L. 96–417, § 608(a), inserted subpar. ‘‘(A) Thirty-day review’’ heading; redesignated as cls. (i), (ii), and (iii) of subpar. (A) provisions for- merly designated as subpars. (A), (C), and (D) of par. (1); inserted subpar. ‘‘(B) Ten-day review’’ heading and its introductory text; redesignated as cls. (i) and (ii) of subpar. (B) provisions formerly designated as subpars. (B) and (E) of par. (1), thus substituting ten-day for thirty-day review for such clauses; enacted provision respecting commencement of action by an interested party following subpars. (A) and (B), formerly enacted following only par. (1); and redesignated the United States Customs Court as the United States Court of International Trade in the latter provisions. Subsec. (a)(2)(A). Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade. Subsec. (a)(3). Pub. L. 96–542 substituted ‘‘chapter 169 of title 28’’ for ‘‘subsections (b), (c), and (e) of chapter 169 of title 28’’. Pub. L. 96–417, § 608(b), substituted ‘‘chapter 169 of title 28’’ for ‘‘section 2632 of title 28’’. Subsec. (c)(1), (2). Pub. L. 96–417, §§ 601(7), 608(c), redes- ignated in pars. (1) and (2) the United States Customs Court as the United States Court of International Trade and deleted from par. (2) the criteria to be con- sidered in ruling on an injunction, namely, the party likely to prevail, irreparable harm, public interest, and greater harm. Subsec. (d). Pub. L. 96–417, §§ 601(7), 608(d), redesig- nated the United States Customs Court as the United States Court of International Trade and substituted re- quirement for notification of ‘‘all such interested par- ties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court’’ for prior notice requirement to ‘‘all interested parties of the filing of an action pursuant to this section’’. Subsec. (e). Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: ‘‘The provisions of this title [enact- ing section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judi- cial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA en- ters into force [July 1, 2020], but shall not apply— ‘‘(1) to any final determination described in para- graph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determina- tion described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before such date; or ‘‘(2) to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.’’ [For definition of ‘‘USMCA’’ as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.] EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 129(e) of Pub. L. 103–465 effec- tive on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, Page 240 TITLE 19—CUSTOMS DUTIES § 1516a 1995), see section 130 of Pub. L. 103–465, set out as an Ef- fective Date note under section 3531 of this title. Amendment by sections 220(b), 270(a)(1)(N), and 271(b) of Pub. L. 103–465 effective, except as otherwise pro- vided, 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 investigations, re- views, and inquiries initiated and petitions 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 OF 1993 AMENDMENT Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of this title, notice of which is published in the Federal Reg- ister before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of this title, notice of which is received by the Government of Canada or Mexico be- fore such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such re- view, that was commenced before such date, see section 416 of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3431 of this title. EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 applicable with respect to civil actions pending on, or filed on or after, Oct. 30, 1984, see section 626(b)(2) of Pub. L. 98–573, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1982 AMENDMENT Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Proce- dure. EFFECTIVE DATE OF 1980 AMENDMENTS Pub. L. 96–542, § 3, Dec. 17, 1980, 94 Stat. 3210, provided that: ‘‘The amendments made by this Act [amending this section and provisions set out as a note under sec- tion 251 of Title 28, Judiciary and Judicial Procedure] shall be effective as of November 1, 1980.’’ Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of title 28. EFFECTIVE DATE; TRANSITIONAL RULES Pub. L. 96–39, title X, § 1002, July 26, 1979, 93 Stat. 306, provided that: ‘‘(a) EFFECTIVE DATE.—The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Proce- dure] shall take effect on that date (hereinafter in this section referred to as the ‘effective date’) on which title VII of the Tariff Act of 1930 [subtitle IV of this chapter] (as added by title I of this Act) takes effect [Jan. 1, 1980]; and section 515(a) of such Act of 1930 [sec- tion 1515(a) of this title] (as amended by section 1001(b)(2)) shall apply with respect to any denial, in whole or in part, of a protest filed under section 514 of such Act of 1930 [section 1514 of this title] on or after the effective date. ‘‘(b) TRANSITIONAL RULES.— ‘‘(1) CERTAIN PROTESTS, PETITIONS, ACTIONS, ETC.— The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall not apply with respect to— ‘‘(A) any protest, petition, or notice of desire to contest filed before the effective date [Jan. 1, 1980] under section 514, 516(a), or 516(d), respectively, of the Tariff Act of 1930 [section 1514, 1516(a), or 1516(d) of this title]; ‘‘(B) any civil action commenced before the effec- tive date [Jan. 1, 1980] under section 2632 of title 28 of the United States Code; or ‘‘(C) any civil action commenced after the effec- tive date [Jan. 1, 1980] under such section 2632 if the protest, petition, or notice of desire to contest (under section 514, 516(a), or 516(d), respectively, of the Tariff Act of 1930) on which such action is based was filed before such effective date. ‘‘(2) LAW TO BE APPLIED FOR PURPOSES OF SUCH AC- TIONS.—Notwithstanding the repeal of the Anti- dumping Act, 1921 [sections 160 to 171 of this title], by section 106(a) of this Act, and the amendment of sec- tion 303 of the Tariff Act of 1930 [section 1303 of this title] by section 103 of this Act, the law in effect on the date of any finding or determination contested in a civil action described in subparagraph (A), (B), or (C) of paragraph (1) shall be applied for purposes of that action. ‘‘(3) CERTAIN COUNTERVAILING AND ANTIDUMPING DUTY ASSESSMENTS.—The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall apply with respect to the review of the assessment of, or failure to assess, any counter- vailing duty or antidumping duty on entries subject to a countervailing duty order or antidumping find- ing if the assessment is made after the effective date. If no assessment of such duty had been made before the effective date that could serve the party seeking review as the basis of a review of the underlying de- termination, made by the Secretary of the Treasury or the International Trade Commission before the ef- fective date, on which such order, finding, or lack thereof is based, then the underlying determination shall be subject to review in accordance with the law in effect on the day before the effective date. ‘‘(4) CERTAIN COUNTERVAILING AND ANTIDUMPING DUTY DETERMINATIONS.—With respect to any prelimi- nary determination or final determination of the Sec- retary of the Treasury under section 303 of the Tariff Act of 1930 [section 1303 of this title] or the Anti- dumping Act, 1921 [sections 160 to 171 of this title], which is treated under section 102 of this Act [set out as a note under section 1671 of this title] as if made under section 703(b), 705(a), 733(b), or 735(a) of the Tar- iff Act of 1930 [section 1671b(b), 1671d(a), 1673b(b), or 1673d(a) of this title] (as added by title I of this Act) such determinations shall be subject to judicial re- view in the same manner and to the same extent as if made on the day before the effective date.’’ TRANSFER OF FUNCTIONS For transfer of functions, personnel, assets, and li- abilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Sec- retary of Homeland Security, and for treatment of re- lated references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of Novem- ber 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Se- curity, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended gen- erally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6. Page 241 TITLE 19—CUSTOMS DUTIES § 1517 EFFECT OF TERMINATION OF USMCA COUNTRY STATUS For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. Executive Documents ACCEPTANCE BY PRESIDENT OF PANEL AND COMMITTEE DECISIONS For acceptance by President of decisions of bina- tional panels and extraordinary challenge committees in event that subsec. (b)(7)(B) of this section takes ef- fect, see section 2 of Ex. Ord. No. 12889, Dec. 27, 1993, 58 F.R. 69681, set out as a note under former section 3311 of this title. For provision that in the event that subsec. (g)(7)(B) of this section takes effect, the President accepts, as a whole, all decisions of binational panels and extraor- dinary challenge committees, see section 3 of Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, set out as a note under section 2112 of this title. § 1517. Procedures for investigating claims of evasion of antidumping and countervailing duty orders (a) Definitions In this section: (1) Administering authority The term ‘‘administering authority’’ has the meaning given that term in section 1677(1) of this title. (2) Commissioner The term ‘‘Commissioner’’ means the Com- missioner of U.S. Customs and Border Protec- tion. (3) Covered merchandise The term ‘‘covered merchandise’’ means merchandise that is subject to— (A) an antidumping duty order issued under section 1673e of this title; or (B) a countervailing duty order issued under section 1671e of this title. (4) Enter; entry The terms ‘‘enter’’ and ‘‘entry’’ refer to the entry, or withdrawal from warehouse for con- sumption, of merchandise into the customs territory of the United States. (5) Evasion (A) In general Except as provided in subparagraph (B), the term ‘‘evasion’’ refers to entering cov- ered merchandise into the customs territory of the United States by means of any docu- ment or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omis- sion that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or coun- tervailing duties being reduced or not being applied with respect to the merchandise. (B) Exception for clerical error (i) In general Except as provided in clause (ii), the term ‘‘evasion’’ does not include entering covered merchandise into the customs ter- ritory of the United States by means of— (I) a document or electronically trans- mitted data or information, written or oral statement, or act that is false as a result of a clerical error; or (II) an omission that results from a clerical error. (ii) Patterns of negligent conduct If the Commissioner determines that a person has entered covered merchandise into the customs territory of the United States by means of a clerical error referred to in subclause (I) or (II) of clause (i) and that the clerical error is part of a pattern of negligent conduct on the part of that person, the Commissioner may determine, notwithstanding clause (i), that the person has entered such covered merchandise into the customs territory of the United States through evasion. (iii) Electronic repetition of errors For purposes of clause (ii), the mere non- intentional repetition by an electronic system of an initial clerical error does not constitute a pattern of negligent conduct. (iv) Rule of construction A determination by the Commissioner that a person has entered covered mer- chandise into the customs territory of the United States by means of a clerical error referred to in subclause (I) or (II) of clause (i) rather than through evasion shall not be construed to excuse that person from the payment of any duties applicable to the merchandise. (6) Interested party (A) In general The term ‘‘interested party’’ means— (i) a foreign manufacturer, producer, or exporter, or the United States importer, of covered merchandise or a trade or business association a majority of the members of which are producers, exporters, or import- ers of such merchandise; (ii) a manufacturer, producer, or whole- saler in the United States of a domestic like product; (iii) a certified union or recognized union or group of workers that is representative of an industry engaged in the manufac- ture, production, or wholesale in the United States of a domestic like product; (iv) a trade or business association a ma- jority of the members of which manufac- ture, produce, or wholesale a domestic like product in the United States; (v) an association a majority of the members of which is composed of inter-