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19 U.S.C. § 4588 — Treatment of amendments to antidumping

Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4588 — Treatment of amendments to antidumping

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Stable record: federal_law:legal_authorities:usc2024-9354323a85215e50dce515c2
Source file: Laws/federal/codes/united-states-code-2024/title-19/section-4588-treatment-of-amendments-to-antidumping--d974d26fe6.md
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Source location: USCODE-2024-title19-chap29-subchapIV-partA-sec4588.pdf

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Page 1161 TITLE 19—CUSTOMS DUTIES § 4601 1 See References in Text note below. 1 See References in Text note below. 2 So in original. Probably should be preceded by ‘‘section’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020), but not applicable to cer- tain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title. § 4588. Treatment of amendments to antidumping and countervailing duty law Any amendment enacted after the USMCA that is made to— (1) section 303 1 or title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], or any successor statute, or (2) any other statute which— (A) provides for judicial review of final de- terminations under such section, title, or successor statute, or (B) indicates the standard of review to be applied, shall apply to goods from a USMCA country only to the extent specified in the amendment. (Pub. L. 116–113, title IV, § 418, formerly Pub. L. 103–182, title IV, § 408, Dec. 8, 1993, 107 Stat. 2140; renumbered § 418 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(i), Jan. 29, 2020, 134 Stat. 76.) Editorial Notes REFERENCES IN TEXT The Tariff Act of 1930, referred to in par. (1), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. Section 303 of the Act was classi- fied to section 1303 of this title and was repealed, effec- tive Jan. 1, 1995, by Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908. For savings provisions and treat- ment of references to section 1303 in other laws, see sec- tion 261(b), (d)(1)(C) of Pub. L. 103–465, set out as notes under former section 1303 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables. CODIFICATION Section was formerly classified to section 3438 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 504(i)(3), substituted ‘‘the USMCA’’ for ‘‘the Agreement enters into force with re- spect to the United States’’ in introductory provisions and ‘‘USMCA country’’ for ‘‘NAFTA country’’ in con- cluding provisions. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Transfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA en- ters into force (July 1, 2020), but not applicable to cer- tain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title. APPLICATION OF AMENDMENTS BY PUBLIC LAW 114–27 TO GOODS FROM CANADA AND MEXICO Pub. L. 114–27, title V, § 507, June 29, 2015, 129 Stat. 387, provided that: ‘‘Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Imple- mentation Act ([former] 19 U.S.C. 3438), the amend- ments made by this title [see Short Title of 2015 Amendment note set out under section 1654 of this title] shall apply with respect to goods from Canada and Mexico.’’ APPLICATION OF AMENDMENTS BY PUBLIC LAW 103–465 TO GOODS FROM CANADA AND MEXICO Pub. L. 103–465, title II, § 234, Dec. 8, 1994, 108 Stat. 4901, provided that: ‘‘Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Imple- mentation Act [former 19 U.S.C. 3438], the amendments made by this title [see Tables for classification] shall apply with respect to goods from Canada and Mexico.’’ PART B—GENERAL PROVISIONS § 4601. Effect of termination of USMCA country status (a) In general Except as provided in subsection (b), on the date on which a country ceases to be a USMCA country, the provisions of this title 1 (other than this section) and the amendments made by this title 1 shall cease to have effect with respect to that country. (b) Transition provisions (1) Proceedings regarding protective orders and undertakings If on the date on which a country ceases to be a USMCA country an investigation or en- forcement proceeding concerning the violation of a protective order issued under section 1677f(f) of this title (as amended by this title 1 ) or an undertaking of the government of that country is pending, the investigation or pro- ceeding shall continue, and sanctions may continue to be imposed, in accordance with the provisions of such section 1677f(f) of this title (as so amended). (2) Binational panel and extraordinary chal- lenge committee reviews If on the date on which a country ceases to be a USMCA country— (A) a binational panel review under article 10.12 of the USMCA is pending, or has been requested, or (B) an extraordinary challenge committee review under that article is pending, or has been requested, with respect to a determination which in- volves a class or kind of merchandise and to which subsection (g)(2) of section 1516a of this title applies, such determination shall be re- viewable under subsection (a) of that section. In the case of a determination to which the provisions of this paragraph apply, the time limits for commencing an action under 1516a(a) 2 of this title shall not begin to run until the date on which the USMCA ceases to be in force with respect to that country. (Pub. L. 116–113, title IV, § 431, Jan. 29, 2020, 134 Stat. 66.)

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671 — Countervailing duties imposed

**(a) General rule** If— (1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. **(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement i

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671 — Countervailing duties imposed

Page 329 TITLE 19—CUSTOMS DUTIES § 1671 1 So in original. Probably should be section ‘‘1677–1(a)’’. 2 So in original. Probably should be section ‘‘1677–1(c)’’. SUBTITLE IV—COUNTERVAILING AND ANTIDUMPING DUTIES PART I—IMPOSITION OF COUNTERVAILING DUTIES Editorial Notes CODIFICATION The designations ‘‘SUBTITLE IV’’ and ‘‘PART I’’ were in the original ‘‘TITLE VII’’ and ‘‘Subtitle A’’ respec- tively, and were editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 1671. Countervailing duties imposed (a) General rule If— (1) the administering authority determines that the government of a country or any pub- lic entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commis- sion determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchan- dise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and section 1671d(b)(1) of this title, a reference to the sale of merchandise includes the entering i

Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1671

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 4588 — Subsidy negotiations

In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include— (1) achievement of increased discipline on domestic subsidies provided by a foreign government, including— (A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations; (B) the provision of goods or services at preferential rates; (C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and (D) the assumption of any costs or expenses of manufacture, production, or distribution; (2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and (3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.

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