19 U.S.C. § 1677k — Third-country dumping

Page 421 TITLE 19—CUSTOMS DUTIES § 1677k (f) Time limits for administering authority deter- minations The administering authority shall, to the maximum extent practicable, make the deter- minations under this section within 300 days from the date of the initiation of a counter- vailing duty or antidumping circumvention in- quiry under this section. (June 17, 1930, ch. 497, title VII, § 781, as added Pub. L. 100–418, title I, § 1321(a), Aug. 23, 1988, 102 Stat. 1192; amended Pub. L. 103–465, title II, § 230, Dec. 8, 1994, 108 Stat. 4891.) Editorial Notes REFERENCES IN TEXT The Antidumping Act, 1921, referred to in subsecs. (a)(1)(A)(ii), (b)(1)(A)(ii), and (c)(1)(C), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was re- pealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193. Section 1303 of this title, referred to in subsecs. (a)(1)(A)(iii), (b)(1)(A)(iii), (c)(1)(D), and (d)(1), is defined in section 1677(26) of this title to mean section 1330 as in effect on the day before Jan. 1, 1995. AMENDMENTS 1994—Subsecs. (a), (b). Pub. L. 103–465, § 230(a), amend- ed subsecs. (a) and (b) generally, to include provisions relating to whether process of assembly or completion of merchandise in United States or foreign countries is minor or insignificant. Subsec. (f). Pub. L. 103–465, § 230(b), added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE Section applicable with respect to articles entered, or withdrawn from warehouse for consumption, on or after Aug. 23, 1988, see section 1337(d) of Pub. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 1671 of this title. § 1677k. Third-country dumping (a) Definitions For purposes of this section: (1)(A) The term ‘‘Agreement’’ means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping meas- ures). (B) The term ‘‘GATT 1994’’ has the meaning given that term in section 3501(1)(B) of this title. (2) The term ‘‘Agreement country’’ means a foreign country that has accepted the Agree- ment. (3) The term ‘‘Trade Representative’’ means the United States Trade Representative. (b) Petition by domestic industry (1) A domestic industry that produces a prod- uct that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that— (A) such merchandise is being dumped in an Agreement country; and (B) such domestic industry is being materi- ally injured, or threatened with material in- jury, by reason of such dumping; submit a petition to the Trade Representative that alleges the elements referred to in subpara- graphs (A) and (B) and requests the Trade Rep- resentative to take action under subsection (c) on behalf of the domestic industry. (2) A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition. (c) Application for antidumping action on behalf of domestic industry (1) If the Trade Representative, on the basis of the information contained in a petition sub- mitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall sub- mit to the appropriate authority of the Agree- ment country where the alleged dumping is oc- curring an application pursuant to Article 12 of the Agreement which requests that appropriate antidumping action under the law of that coun- try be taken, on behalf of the United States, with respect to imports into that country of the merchandise concerned. (2) At the request of the Trade Representative, the appropriate officers of the Department of Commerce and the United States International Trade Commission shall assist the Trade Rep- resentative in preparing the application under paragraph (1). (d) Consultation after submission of application After submitting an application under sub- section (c)(1), the Trade Representative shall seek consultations with the appropriate author- ity of the Agreement country regarding the re- quest for antidumping action. (e) Action upon refusal of Agreement country to act If the appropriate authority of an Agreement country refuses to undertake antidumping measures in response to a request made therefor by the Trade Representative under subsection (c), the Trade Representative shall promptly consult with the domestic industry on whether action under any other law of the United States is appropriate. (Pub. L. 100–418, title I, § 1317, Aug. 23, 1988, 102 Stat. 1188; Pub. L. 103–465, title VI, § 621(a)(1), Dec. 8, 1994, 108 Stat. 4992.) Editorial Notes CODIFICATION Section was enacted as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of the Tariff Act of 1930 which comprises this chapter. AMENDMENTS 1994—Subsec. (a)(1). Pub. L. 103–465 designated exist- ing provisions as subpar. (A), substituted ‘‘GATT 1994’’ for ‘‘General Agreement on Tariffs and Trade’’, and added subpar. (B). Page 422 TITLE 19—CUSTOMS DUTIES § 1677l Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–465, title VI, § 621(b), Dec. 8, 1994, 108 Stat. 4993, provided that: ‘‘The amendments made by this section [amending this section and sections 2171, 2411, 2702, 2905, 2906, 3107, 3111, and 3202 of this title] shall take effect on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995).’’ § 1677l. Repealed. Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78 Section, Pub. L. 103–182, title VI, § 691(a), Dec. 8, 1993, 107 Stat. 2223; Pub. L. 114–125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, related to annual reports on anti- dumping and countervailing duty collections. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective on the date the USMCA entered into force (July 1, 2020), see section 601 of Pub. L. 116–113, set out as a note under former section 3301 of this title. § 1677m. Conduct of investigations and adminis- trative reviews (a) Treatment of voluntary responses in counter- vailing or antidumping duty investigations and reviews (1) In general In any investigation under part I or II of this subtitle or a review under section 1675(a) of this title in which the administering author- ity has, under section 1677f–1(c)(2) of this title or section 1677f–1(e)(2)(A) of this title (which- ever is applicable), limited the number of ex- porters or producers examined, or determined a single country-wide rate, the administering authority shall establish an individual countervailable subsidy rate or an individual weighted average dumping margin for any ex- porter or producer not initially selected for in- dividual examination under such sections who submits to the administering authority the in- formation requested from exporters or pro- ducers selected for examination, if— (A) such information is so submitted by the date specified— (i) for exporters and producers that were initially selected for examination, or (ii) for the foreign government, in a countervailing duty case where the admin- istering authority has determined a single country-wide rate; and (B) the number of exporters or producers subject to the investigation or review is not so large that any additional individual ex- amination of such exporters or producers would be unduly burdensome to the admin- istering authority and inhibit the timely completion of the investigation or review. (2) Determination of unduly burdensome In determining if an individual examination under paragraph (1)(B) would be unduly bur- densome, the administering authority may consider the following: (A) The complexity of the issues or infor- mation presented in the proceeding, includ- ing questionnaires and any responses there- to. (B) Any prior experience of the admin- istering authority in the same or similar proceeding. (C) The total number of investigations under part I or II and reviews under section 1675 of this title being conducted by the ad- ministering authority as of the date of the determination. (D) Such other factors relating to the timely completion of each such investiga- tion and review as the administering author- ity considers appropriate. (b) Certification of submissions Any person providing factual information to the administering authority or the Commission in connection with a proceeding under this sub- title on behalf of the petitioner or any other in- terested party shall certify that such informa- tion is accurate and complete to the best of that person’s knowledge. (c) Difficulties in meeting requirements (1) Notification by interested party If an interested party, promptly after receiv- ing a request from the administering author- ity or the Commission for information, noti- fies the administering authority or the Com- mission (as the case may be) that such party is unable to submit the information requested in the requested form and manner, together with a full explanation and suggested alter- native forms in which such party is able to submit the information, the administering au- thority or the Commission (as the case may be) shall consider the ability of the interested party to submit the information in the re- quested form and manner and may modify such requirements to the extent necessary to avoid imposing an unreasonable burden on that party. (2) Assistance to interested parties The administering authority and the Com- mission shall take into account any difficul- ties experienced by interested parties, particu- larly small companies, in supplying informa- tion requested by the administering authority or the Commission in connection with inves- tigations and reviews under this subtitle, and shall provide to such interested parties any as- sistance that is practicable in supplying such information. (d) Deficient submissions If the administering authority or the Commis- sion determines that a response to a request for information under this subtitle does not comply with the request, the administering authority or the Commission (as the case may be) shall promptly inform the person submitting the re- sponse of the nature of the deficiency and shall, to the extent practicable, provide that person with an opportunity to remedy or explain the deficiency in light of the time limits established for the completion of investigations or reviews under this subtitle. If that person submits fur- ther information in response to such deficiency and either— (1) the administering authority or the Com- mission (as the case may be) finds that such response is not satisfactory, or