19 U.S.C. § 4583 — Testimony and production of papers in

Page 1157 TITLE 19—CUSTOMS DUTIES § 4583 Subsec. (b)(1). Pub. L. 116–113, § 504(c)(3)(B), sub- stituted ‘‘chapter 10’’ for ‘‘chapter 19’’ in two places and substituted ‘‘article 10.13’’ for ‘‘article 1905’’. Subsec. (c)(1). Pub. L. 116–113, § 504(c)(3)(C)(i), sub- stituted ‘‘chapter 10’’ for ‘‘chapter 19’’ in two places and substituted ‘‘article 10.13’’ for ‘‘article 1905’’. Subsec. (c)(2)(B). Pub. L. 116–113, § 504(c)(3)(C)(ii), sub- stituted ‘‘chapter 10’’ for ‘‘chapter 19’’ wherever appear- ing and substituted ‘‘article 10.13’’ for ‘‘article 1905’’ in cl. (i)(II). Subsec. (c)(3)(A)(i). Pub. L. 116–113, § 504(c)(3)(C)(iii)(I), substituted ‘‘Annex 10–B.1’’ for ‘‘Annex 1901.2’’. Subsec. (c)(3)(A)(ii). Pub. L. 116–113, § 504(c)(3)(C)(iii)(II), substituted ‘‘under Annex 10–B.3 and special committees under article 10.13.’’ for ‘‘under Annex 1904.13 and special committees under article 1905.’’ Subsec. (c)(3)(B)(i). Pub. L. 116–113, § 504(c)(3)(C)(iii)(III), substituted ‘‘chapter 10’’ for ‘‘chapter 19’’. Subsec. (c)(4)(A). Pub. L. 116–113, § 504(c)(3)(C)(iv)(I), substituted ‘‘chapter 10’’ for ‘‘chapter 19’’. Subsec. (c)(4)(C)(iv)(III). Pub. L. 116–113, § 504(c)(3)(C)(iv)(II), substituted ‘‘chapter 10’’ for ‘‘chap- ter 19’’. Subsec. (d)(1)(A). Pub. L. 116–113, § 504(c)(3)(D)(i)(I), substituted ‘‘in paragraph 1 of Annex 10–B.1 and para- graph 1 of Annex 10–B.3; or’’ for ‘‘in paragraph 1 of Annex 1901.2 and paragraph 1 of Annex 1904.13; or’’. Subsec. (d)(1)(B). Pub. L. 116–113, § 504(c)(3)(D)(i)(II), substituted ‘‘chapter 10’’ for ‘‘chapter 19’’. Subsec. (d)(2)(A)(i). Pub. L. 116–113, § 504(c)(3)(D)(ii)(I), substituted ‘‘in paragraph 1 of Annex 10–B.1 and para- graph 1 of Annex 10–B.3 during’’ for ‘‘in paragraph 1 of Annex 1901.2 and paragraph 1 of Annex 1904.13 during’’. Subsec. (d)(2)(A)(ii). Pub. L. 116–113, § 504(c)(3)(D)(ii)(II), substituted ‘‘chapter 10’’ for ‘‘chap- ter 19’’ and ‘‘the USMCA’’ for ‘‘the Agreement’’. Subsec. (d)(2)(A)(iii). Pub. L. 116–113, § 504(c)(3)(D)(ii)(III), substituted ‘‘USMCA’’ for ‘‘NAFTA’’. Subsec. (d)(2)(B)(i). Pub. L. 116–113, § 504(c)(3)(D)(ii)(IV), substituted ‘‘in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or’’ for ‘‘in paragraph 1 of Annex 1901.2 and paragraph 1 of Annex 1904.13; or’’. Subsec. (d)(2)(B)(ii). Pub. L. 116–113, § 504(c)(3)(D)(ii)(V), substituted ‘‘chapter 10’’ for ‘‘chap- ter 19’’. Subsec. (d)(3)(A). Pub. L. 116–113, § 504(c)(3)(D)(iii)(I), substituted ‘‘in paragraph 1 of Annex 10–B.1 and para- graph 1 of Annex 10–B.3 during’’ for ‘‘in paragraph 1 of Annex 1901.2 and paragraph 1 of Annex 1904.13 during’’. Subsec. (d)(3)(B). Pub. L. 116–113, § 504(c)(3)(D)(iii)(II), substituted ‘‘chapter 10’’ for ‘‘chapter 19’’. Subsec. (e). Pub. L. 116–113, § 504(c)(3)(E), substituted ‘‘If the USMCA enters into force after January 3, 2020’’ for ‘‘If the Agreement enters into force between the United States and a NAFTA country after January 3, 1994’’ in introductory provisions. Subsecs. (f) to (h). Pub. L. 116–113, § 504(c)(3)(F)–(H), substituted ‘‘chapter 10’’ for ‘‘chapter 19’’. 1996—Subsec. (d)(3). Pub. L. 104–295 substituted ‘‘sub- section (c)(4)’’ for ‘‘(c)(4)’’ in introductory 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. § 4583. Testimony and production of papers in extraordinary challenges (a) Authority of extraordinary challenge com- mittee to obtain information If an extraordinary challenge committee (hereafter in this section referred to as the ‘‘committee’’) is convened under paragraph 13 of article 10.12, and the allegations before the com- mittee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of car- rying out its functions and duties under Annex 10–B.3, the committee— (1) shall have access to, and the right to copy, any document, paper, or record perti- nent to the subject matter under consider- ation, in the possession of any individual, partnership, corporation, association, organi- zation, or other entity; (2) may summon witnesses, take testimony, and administer oaths; (3) may require any individual, partnership, corporation, association, organization, or other entity to produce documents, books, or records relating to the matter in question; and (4) may require any individual, partnership, corporation, association, organization, or other entity to furnish in writing, in such de- tail and in such form as the committee may prescribe, information in its possession per- taining to the matter. Any member of the committee may sign sub- poenas, and members of the committee, when authorized by the committee, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence. (b) Witnesses and evidence The attendance of witnesses who are author- ized to be summoned, and the production of doc- umentary evidence authorized to be ordered, under subsection (a) may be required from any place in the United States at any designated place of hearing. In the case of disobedience to a subpoena authorized under subsection (a), the committee may request the Attorney General of the United States to invoke the aid of any dis- trict or territorial court of the United States in requiring the attendance and testimony of wit- nesses and the production of documentary evi- dence. Such court, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any individual, partnership, corporation, as- sociation, organization, or other entity, issue an order requiring such individual or entity to ap- pear before the committee, or to produce docu- mentary evidence if so ordered or to give evi- dence concerning the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof. (c) Mandamus Any court referred to in subsection (b) shall have jurisdiction to issue writs of mandamus commanding compliance with the provisions of this section or any order of the committee made in pursuance thereof. (d) Depositions The committee may order testimony to be taken by deposition at any stage of the com- Page 1158 TITLE 19—CUSTOMS DUTIES § 4584 mittee review. Such deposition may be taken be- fore any person designated by the committee and having power to administer oaths. Such tes- timony shall be reduced to writing by the person taking the deposition, or under the direction of such person, and shall then be subscribed by the deponent. Any individual, partnership, corpora- tion, association, organization, or other entity may be compelled to appear and be deposed and to produce documentary evidence in the same manner as witnesses may be compelled to ap- pear and testify and produce documentary evi- dence before the committee, as provided in this section. (Pub. L. 116–113, title IV, § 413, formerly Pub. L. 103–182, title IV, § 403, Dec. 8, 1993, 107 Stat. 2136; renumbered § 413 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(d), Jan. 29, 2020, 134 Stat. 74.) Editorial Notes CODIFICATION Section was formerly classified to section 3433 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–113, § 504(d)(3), in intro- ductory provisions, substituted ‘‘under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of ar- ticle 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee—’’ for ‘‘under paragraph 13 of article 1904, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 1904, for the purposes of carrying out its functions and duties under Annex 1904.13, the committee—’’. 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. § 4584. Requests for review of determinations by competent investigating authorities (a) Definitions As used in this section: (1) Competent investigating authority The term ‘‘competent investigating author- ity’’ means the competent investigating au- thority, as defined in article 10.8, of a USMCA country. (2) United States Secretary The term ‘‘United States Secretary’’ means that officer of the United States referred to in article 10.16. (b) Requests for review by United States In the case of a final determination of a com- petent investigating authority, requests by the United States for binational panel review of such determination under article 10.12 shall be made by the United States Secretary. (c) Requests for review by person In the case of a final determination of a com- petent investigating authority, a person, within the meaning of paragraph 5 of article 10.12, may request a binational panel review of such deter- mination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 10.12. The receipt of such request by the United States Secretary shall be deemed to be a request for bi- national panel review within the meaning of ar- ticle 10.12. The request for such panel review shall be without prejudice to any challenge be- fore a binational panel of the basis for a par- ticular request for review. (d) Service of request for review Whenever binational panel review of a final determination made by a competent inves- tigating authority is requested under this sec- tion, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the im- porting country to commence proceedings for judicial review of the determination. (Pub. L. 116–113, title IV, § 414, formerly Pub. L. 103–182, title IV, § 404, Dec. 8, 1993, 107 Stat. 2137; renumbered § 414 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(e), Jan. 29, 2020, 134 Stat. 75.) Editorial Notes CODIFICATION Section was formerly classified to section 3434 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 504(e)(3)(A), struck out ‘‘of NAFTA countries’’ after ‘‘authorities’’ in section catchline. Subsec. (a)(1). Pub. L. 116–113, § 504(e)(3)(B)(i), sub- stituted ‘‘article 10.8, of a USMCA country.’’ for ‘‘arti- cle 1911, of a NAFTA country.’’ Subsec. (a)(2). Pub. L. 116–113, § 504(e)(3)(B)(ii), sub- stituted ‘‘article 10.16’’ for ‘‘article 1908’’. Subsec. (b). Pub. L. 116–113, § 504(e)(3)(C), substituted ‘‘article 10.12’’ for ‘‘article 1904’’. Subsec. (c). Pub. L. 116–113, § 504(e)(3)(D), substituted ‘‘article 10.12’’ for ‘‘article 1904’’ wherever appearing. 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. § 4585. Rules of procedure for panels and com- mittees (a) Rules of procedure for binational panels The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to bi- national panel reviews— (1) requests for such reviews, complaints, other pleadings, and other papers; (2) the amendment, filing, and service of such pleadings and papers; (3) the joinder, suspension, and termination of such reviews; and (4) other appropriate procedural matters.