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19 U.S.C. § 4582 — Organizational and administrative provi-
Federal law — U.S. Code and appendices · legal_authorities
Page 1153
TITLE 19—CUSTOMS DUTIES
§ 4582
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–113, title V, § 504(k), Jan. 29, 2020, 134 Stat.
76, provided that:
‘‘(1) IN GENERAL.—Each transfer, redesignation, and
amendment made by this section [transferring sections
3431 to 3438 of this title, respectively, to and amending
sections 4581 to 4588 of this title] shall take effect on
the date on which the USMCA enters into force [July
1, 2020], but shall not apply—
‘‘(A) 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; and
‘‘(B) to any binational panel review under NAFTA,
or any extraordinary challenge arising out of any
such review, that was commenced before such date.
‘‘(2) TRANSITION FROM NAFTA.—The transfers, redes-
ignations, and amendments made by this section shall
not apply, and the provisions of title IV of the North
American Free Trade Agreement Implementation Act
[19 U.S.C. 3431 et seq.], as in effect on the day before the
date on which the USMCA enters into force, shall con-
tinue to apply on and after that date with respect—
‘‘(A) 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
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Page 1153
TITLE 19—CUSTOMS DUTIES
§ 4582
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 2020 AMENDMENT
Pub. L. 116–113, title V, § 504(k), Jan. 29, 2020, 134 Stat.
76, provided that:
‘‘(1) IN GENERAL.—Each transfer, redesignation, and
amendment made by this section [transferring sections
3431 to 3438 of this title, respectively, to and amending
sections 4581 to 4588 of this title] shall take effect on
the date on which the USMCA enters into force [July
1, 2020], but shall not apply—
‘‘(A) 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; and
‘‘(B) to any binational panel review under NAFTA,
or any extraordinary challenge arising out of any
such review, that was commenced before such date.
‘‘(2) TRANSITION FROM NAFTA.—The transfers, redes-
ignations, and amendments made by this section shall
not apply, and the provisions of title IV of the North
American Free Trade Agreement Implementation Act
[19 U.S.C. 3431 et seq.], as in effect on the day before the
date on which the USMCA enters into force, shall con-
tinue to apply on and after that date with respect—
‘‘(A) 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 the date on which the
USMCA enters into force; and
‘‘(B) to any binational panel review under NAFTA,
or any extraordinary challenge arising out of any
such review, that was commenced before the date on
which the USMCA enters into force.’’
[For definition of ‘‘USMCA’’ as used in section 504(k)
of Pub. L. 116–113, set out above, see section 4502 of this
title.]
§ 4582. Organizational and administrative provi-
sions
(a) Criteria for selection of individuals to serve
on panels and committees
(1) In general
The selection of individuals under this sec-
tion for—
(A) placement on lists prepared by the
interagency
group
under
subsection
(c)(2)(B)(i) and (ii);
(B) placement on preliminary candidate
lists under subsection (c)(3)(A);
(C) placement on final candidate lists
under subsection (c)(4)(A);
(D) placement by the Trade Representative
on the rosters described in paragraph 1 of
Annex 10–B.1 and paragraph 1 of Annex
10–B.3; and
(E) appointment by the Trade Representa-
tive for service on the panels and commit-
tees convened under chapter 10;
shall be made on the basis of the criteria pro-
vided in paragraph 1 of Annex 10–B.1 and para-
graph 1 of Annex 10–B.3 and shall be made
without regard to political affiliation.
(2) Additional criteria for roster placements
and appointments
Rosters described in paragraph 1 of Annex
10–B.1 shall include, to the fullest extent prac-
ticable, judges and former judges who meet
the criteria referred to in paragraph (1). The
Trade Representative shall, subject to sub-
section (b), appoint judges to binational panels
convened under chapter 10, extraordinary
challenge committees convened under chapter
10, and special committees established under
article 10.13, where such judges offer and are
available to serve and such service is author-
ized by the chief judge of the court on which
they sit.
(b) Selection of certain judges to serve on panels
and committees
(1) Applicability
This subsection applies only with respect to
the selection of individuals for binational pan-
els convened under chapter 10, extraordinary
challenge committees convened under chapter
10, and special committees established under
article 10.13, who are judges of courts created
under article III of the Constitution of the
United States.
(2) Consultation with chief judges
The Trade Representative shall consult,
from time to time, with the chief judges of the
Federal judicial circuits regarding the interest
in, and availability for, participation in bina-
tional panels, extraordinary challenge com-
mittees, and special committees, of judges
within their respective circuits. If the chief
judge of a Federal judicial circuit determines
that it is appropriate for one or more judges
within that circuit to be included on a roster
described in subsection (a)(1)(D), the chief
judge shall identify all such judges for the
Chief Justice of the United States who may,
upon his or her approval, submit the names of
such judges to the Trade Representative. The
Trade Representative shall include the names
of such judges on the roster.
(3) Submission of lists to Congress
The Trade Representative shall submit to
the Committee on the Judiciary and the Com-
mittee on Ways and Means of the House of
Representatives and to the Committee on Fi-
nance and the Committee on the Judiciary of
the Senate a list of all judges included on a
roster under paragraph (2). Such list shall be
submitted at the same time as the final can-
didate lists are submitted under subsection
(c)(4)(A) and the final forms of amendments
are submitted under subsection (c)(4)(C)(iv).
(4) Appointment of judges to panels or commit-
tees
At such time as the Trade Representative
proposes to appoint a judge described in para-
graph (1) to a binational panel, an extraor-
dinary challenge committee, or a special com-
mittee, the Trade Representative shall consult
with that judge in order to ascertain whether
the judge is available for such appointment.
(c) Selection of other candidates
(1) Applicability
This subsection applies only with respect to
the selection of individuals for binational pan-
els convened under chapter 10, extraordinary
challenge committees convened under chapter
Page 1154
TITLE 19—CUSTOMS DUTIES
§ 4582
1 See References in Text note below.
10, and special committees established under
article 10.13, other than those individuals to
whom subsection (b) applies.
(2) Interagency group
(A) Establishment
There is established within the inter-
agency organization established under sec-
tion 1872 of this title an interagency group
which shall—
(i) be chaired by the Trade Representa-
tive; and
(ii) consist of such officers (or the des-
ignees thereof) of the United States Gov-
ernment as the Trade Representative con-
siders appropriate.
(B) Functions
The interagency group established under
subparagraph (A) shall, in a manner con-
sistent with chapter 10—
(i) prepare by January 3 of each calendar
year—
(I) a list of individuals who are quali-
fied to serve as members of binational
panels convened under chapter 10; and
(II) a list of individuals who are quali-
fied to serve on extraordinary challenge
committees convened under chapter 10
and
special
committees
established
under article 10.13;
(ii) if the Trade Representative makes a
request under paragraph (4)(C)(i) with re-
spect to a final candidate list during any
calendar year, prepare by July 1 of such
calendar year a list of those individuals
who are qualified to be added to that final
candidate list;
(iii) exercise oversight of the administra-
tion of the United States Section that is
authorized to be established under section
105; 1 and
(iv) make recommendations to the Trade
Representative regarding the convening of
extraordinary challenge committees and
special committees under chapter 10.
(3) Preliminary candidate lists
(A) In general
The Trade Representative shall select indi-
viduals from the respective lists prepared by
the interagency group under paragraph
(2)(B)(i) for placement on—
(i) a preliminary candidate list of indi-
viduals eligible to serve as members of bi-
national panels under Annex 10–B.1; and
(ii) a preliminary candidate list of indi-
viduals eligible for selection as members
of extraordinary challenge committees
under Annex 10–B.3 and special commit-
tees under article 10.13.
(B) Submission of lists to Congressional Com-
mittees
(i) In general
No later than January 3 of each calendar
year, the Trade Representative shall sub-
mit to the Committee on Finance of the
Senate and the Committee on Ways and
Means of the House of Representatives
(hereafter in this section referred to as the
‘‘appropriate Congressional Committees’’)
the preliminary candidate lists of those in-
dividuals selected by the Trade Represent-
ative under subparagraph (A) to be can-
didates eligible to serve on panels or com-
mittees convened pursuant to chapter 10
during the 1-year period beginning on
April 1 of such calendar year.
(ii) Additional information
At the time the candidate lists are sub-
mitted under clause (i), the Trade Rep-
resentative shall submit for each indi-
vidual on the list a statement of profes-
sional qualifications.
(C) Consultation
Upon submission of the preliminary can-
didate lists under subparagraph (B) to the
appropriate Congressional Committees, the
Trade Representative shall consult with
such Committees with regard to the individ-
uals included on the preliminary candidate
lists.
(D) Revision of lists
The Trade Representative may add and de-
lete individuals from the preliminary can-
didate lists submitted under subparagraph
(B) after consultation with the appropriate
Congressional Committees regarding the ad-
ditions and deletions. The Trade Representa-
tive shall provide to the appropriate Con-
gressional Committees written notice of any
addition or deletion of an individual from
the preliminary candidate lists, along with
the information described in subparagraph
(B)(ii) with respect to any proposed addition.
(4) Final candidate lists
(A) Submission of lists to Congressional Com-
mittees
No later than March 31 of each calendar
year, the Trade Representative shall submit
to the appropriate Congressional Commit-
tees the final candidate lists of those indi-
viduals selected by the Trade Representative
to be candidates eligible to serve on panels
and committees convened under chapter 10
during the 1-year period beginning on April
1 of such calendar year. An individual may
be included on a final candidate list only if
such individual was included in the prelimi-
nary candidate list or if written notice of
the addition of such individual to the pre-
liminary candidate list was submitted to the
appropriate Congressional Committees at
least 15 days before the date on which that
final candidate list is submitted to such
Committees under this subparagraph.
(B) Finality of lists
Except as provided in subparagraph (C), no
additions may be made to the final can-
didate lists after the final candidate lists are
submitted to the appropriate Congressional
Committees under subparagraph (A).
(C) Amendment of lists
(i) In general
If, after the Trade Representative has
submitted the final candidate lists to the
Page 1155
TITLE 19—CUSTOMS DUTIES
§ 4582
appropriate
Congressional
Committees
under subparagraph (A) for a calendar year
and before July 1 of such calendar year,
the Trade Representative determines that
additional individuals need to be added to
a final candidate list, the Trade Represent-
ative shall—
(I) request the interagency group es-
tablished under paragraph (2)(A) to pre-
pare a list of individuals who are quali-
fied to be added to such candidate list;
(II) select individuals from the list pre-
pared by the interagency group under
paragraph (2)(B)(ii) to be included in a
proposed amendment to such final can-
didate list; and
(III) by no later than July 1 of such
calendar year, submit to the appropriate
Congressional Committees the proposed
amendments to such final candidate list
developed by the Trade Representative
under subclause (II), along with the in-
formation
described
in
paragraph
(3)(B)(ii).
(ii) Consultation with Congressional Com-
mittees
Upon submission of a proposed amend-
ment under clause (i)(III) to the appro-
priate
Congressional
Committees,
the
Trade Representative shall consult with
the appropriate Congressional Committees
with regard to the individuals included in
the proposed amendment.
(iii) Adjustment of proposed amendment
The Trade Representative may add and
delete
individuals
from
any
proposed
amendment submitted under clause (i)(III)
after consulting with the appropriate Con-
gressional Committees with regard to the
additions and deletions. The Trade Rep-
resentative shall provide to the appro-
priate Congressional Committees written
notice of any addition or deletion of an in-
dividual from the proposed amendment.
(iv) Final amendment
(I) In general
If the Trade Representative submits
under clause (i)(III) in any calendar year
a proposed amendment to a final can-
didate list, the Trade Representative
shall, no later than September 30 of such
calendar year, submit to the appropriate
Congressional Committees the final form
of such amendment. On October 1 of such
calendar year, such amendment shall
take effect and, subject to subclause (II),
the individuals included in the final form
of such amendment shall be added to the
final candidate list.
(II) Inclusion of individuals
An individual may be included in the
final form of an amendment submitted
under subclause (I) only if such indi-
vidual was included in the proposed form
of such amendment or if written notice
of the addition of such individual to the
proposed form of such amendment was
submitted to the appropriate Congres-
sional Committees at least 15 days be-
fore the date on which the final form of
such amendment is submitted to such
Committees under subclause (I).
(III) Eligibility for service
Individuals added to a final candidate
list under subclause (I) shall be eligible
to serve on panels or committees con-
vened under chapter 10 during the 6-
month period beginning on October 1 of
the calendar year in which such addition
occurs.
(IV) Finality of amendment
No additions may be made to the final
form of an amendment described in sub-
clause (I) after the final form of such
amendment is submitted to the appro-
priate Congressional Committees under
subclause (I).
(5) Treatment of responses
For purposes of applying section 1001 of title
18, the written or oral responses of individuals
to inquiries of the interagency group estab-
lished under paragraph (2)(A) or of the Trade
Representative regarding their personal and
professional qualifications, and financial and
other relevant interests, that bear on their
suitability for the placements and appoint-
ments described in subsection (a)(1), shall be
treated as matters within the jurisdiction of
an agency of the United States.
(d) Selection and appointment
(1) Authority of Trade Representative
The Trade Representative is the only officer
of the United States Government authorized
to act on behalf of the United States Govern-
ment in making any selection or appointment
of an individual to—
(A) the rosters described in paragraph 1 of
Annex 10–B.1 and paragraph 1 of Annex
10–B.3; or
(B) the panels or committees convened
under chapter 10;
that is to be made solely or jointly by the
United States Government under the terms of
the Agreement.
(2) Restrictions on selection and appointment
Except as provided in paragraph (3)—
(A) the Trade Representative may—
(i) select an individual for placement on
the rosters described in paragraph 1 of
Annex 10–B.1 and paragraph 1 of Annex
10–B.3 during the 1-year period beginning
on April 1 of any calendar year;
(ii) appoint an individual to serve as one
of those members of any panel or com-
mittee convened under chapter 10 during
such 1-year period who, under the terms of
the USMCA, are to be appointed solely by
the United States Government; or
(iii) act to make a joint appointment
with the Government of a USMCA coun-
try, under the terms of the Agreement, of
any individual who is a citizen or national
of the United States to serve as any other
member of such a panel or committee;
only if such individual is on the appropriate
final candidate list that was submitted to
Page 1156
TITLE 19—CUSTOMS DUTIES
§ 4582
the appropriate Congressional Committees
under subsection (c)(4)(A) during such cal-
endar year or on such list as it may be
amended under subsection (c)(4)(C)(iv)(I), or
on the list submitted under subsection (b)(3)
to the Congressional Committees referred to
in such subsection; and
(B) no individual may—
(i) be selected by the United States Gov-
ernment for placement on the rosters de-
scribed in paragraph 1 of Annex 10–B.1 and
paragraph 1 of Annex 10–B.3; or
(ii) be appointed solely or jointly by the
United States Government to serve as a
member of a panel or committee convened
under chapter 10;
during the 1-year period beginning on April
1 of any calendar year for which the Trade
Representative has not met the require-
ments of subsection (a), and of subsection (b)
or (c) (as the case may be).
(3) Exceptions
Notwithstanding
subsection
(c)(3)
(other
than subparagraph (B)), subsection (c)(4), or
paragraph (2)(A) of this subsection, individuals
included on the preliminary candidate lists
submitted to the appropriate Congressional
Committees under subsection (c)(3)(B) may—
(A) be selected by the Trade Representa-
tive for placement on the rosters described
in paragraph 1 of Annex 10–B.1 and para-
graph 1 of Annex 10–B.3 during the 3-month
period beginning on the date on which the
Agreement enters into force with respect to
the United States; and
(B) be appointed solely or jointly by the
Trade Representative under the terms of the
Agreement to serve as members of panels or
committees that are convened under chapter
10 during such 3-month period.
(e) Transition
If the USMCA enters into force after January
3, 2020, the provisions of subsection (c) shall be
applied with respect to the calendar year in
which such entering into force occurs—
(1) by substituting ‘‘the date that is 30 days
after the date on which the Agreement enters
into force with respect to the United States’’
for ‘‘January 3 of each calendar year’’ in sub-
sections (c)(2)(B)(i) and (c)(3)(B)(i); and
(2) by substituting ‘‘the date that is 3
months after the date on which the Agreement
enters into force with respect to the United
States’’ for ‘‘March 31 of each calendar year’’
in subsection (c)(4)(A).
(f) Immunity
With the exception of acts described in section
777(f)(3) of the Tariff Act of 1930 (19 U.S.C.
1677f(f)(3)), individuals serving on panels or com-
mittees convened pursuant to chapter 10, and in-
dividuals designated to assist the individuals
serving on such panels or committees, shall be
immune from suit and legal process relating to
acts performed by such individuals in their offi-
cial capacity and within the scope of their func-
tions as such panelists or committee members
or assistants to such panelists or committee
members.
(g) Regulations
The administering authority under title VII of
the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], the
International Trade Commission, and the Trade
Representative may promulgate such regula-
tions as are necessary or appropriate to carry
out actions in order to implement their respec-
tive responsibilities under chapter 10. Initial
regulations to carry out such functions shall be
issued before the date on which the Agreement
enters into force with respect to the United
States.
(h) Report to Congress
At such time as the final candidate lists are
submitted under subsection (c)(4)(A) and the
final forms of amendments are submitted under
subsection (c)(4)(C)(iv), the Trade Representa-
tive shall submit to the Committee on the Judi-
ciary and the Committee on Ways and Means of
the House of Representatives, and to the Com-
mittee on Finance and the Committee on the
Judiciary of the Senate, a report regarding the
efforts made to secure the participation of
judges and former judges on binational panels,
extraordinary challenge committees, and special
committees established under chapter 10.
(Pub. L. 116–113, title IV, § 412, formerly Pub. L.
103–182, title IV, § 402, Dec. 8, 1993, 107 Stat. 2129;
Pub. L. 104–295, § 21(c)(1), Oct. 11, 1996, 110 Stat.
3530; renumbered § 412 of Pub. L. 116–113 and
amended Pub. L. 116–113, title V, § 504(c), Jan. 29,
2020, 134 Stat. 73.)
Editorial Notes
REFERENCES IN TEXT
Section 105, referred to in subsec. (c)(2)(B)(3), is sec-
tion 105 of Pub. L. 103–182, title I, Dec. 8, 1993, 107 Stat.
2064, which was classified to section 3315 of this title
prior to repeal by Pub. L. 116–113, title VI, § 601, Jan. 29,
2020, 134 Stat. 78, effective on the date on which the
USMCA entered into force (July 1, 2020), and which re-
lated to the United States Section of NAFTA Secre-
tariat. See section 4515(a) of this title.
The Tariff Act of 1930, referred to in subsec. (g), 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. For complete classification of
this Act to the Code, see section 1654 of this title and
Tables.
CODIFICATION
Section was formerly classified to section 3432 of this
title prior to renumbering by Pub. L. 116–113.
AMENDMENTS
2020—Subsec.
(a)(1).
Pub.
L.
116–113,
§ 504(c)(3)(A)(i)(III), substituted ‘‘in paragraph 1 of
Annex 10–B.1 and paragraph 1 of Annex 10–B.3’’ for ‘‘in
paragraph 1 of Annex 1901.2 and paragraph 1 of Annex
1904.13’’ in concluding provisions.
Subsec. (a)(1)(D). Pub. L. 116–113, § 504(c)(3)(A)(i)(I),
substituted ‘‘in paragraph 1 of Annex 10–B.1 and para-
graph 1 of Annex 10–B.3; and’’ for ‘‘in paragraph 1 of
Annex 1901.2 and paragraph 1 of Annex 1904.13; and’’.
Subsec. (a)(1)(E). Pub. L. 116–113, § 504(c)(3)(A)(i)(II),
substituted ‘‘chapter 10’’ for ‘‘chapter 19’’.
Subsec. (a)(2). Pub. L. 116–113, § 504(c)(3)(A)(ii), in
heading, struck out ‘‘under paragraph 1 of Annex
1901.2’’ after ‘‘appointments’’ and, in text, substituted
‘‘paragraph 1 of Annex 10–B.1’’ for ‘‘paragraph 1 of
Annex 1901.2’’, ‘‘chapter 10’’ for ‘‘chapter 19’’ in two
places, and ‘‘article 10.13’’ for ‘‘article 1905’’.
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-
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(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) 11 So in original. Probably should be preceded by “section”. or 1673a(c) of this title, not to initiate an investigation,
(B) a determination by the Commission, under [section 1675(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/b&num=0&edition=prelim), not to review a determination based upon changed circumstances,
(C) a negative determination by the Commission, under section 1671b(a) or 1673b(a) of this title, as to whether there is reasonable indication of material injury, threat of material injury, or material retardation, or
(D) a final determination by the administering authority or the Commission under [section 1675(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/c/3&num=0&edition=prelim),
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 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 conclusions 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 described in clause (ii), (iii), (iv), (v), or (viii) of subparagraph (B),
(II) an antidumping or countervailing duty order based upon any determination de
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1516a
Stored review status: release_metadata_unconfirmed. The source passage cites 19 U.S.C. § 1516a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
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
(
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1516a
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1516a. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1671
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Federal law — U.S. Code and appendices · legal_authorities
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
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1671. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Information generally made available**
(1) **Public information function** — There shall be established a library of information relating to foreign subsidy practices and countervailing measures. Copies of material in the library shall be made available to the public upon payment of the costs of preparing such copies.
(2) **Progress of investigation reports** — The administering authority and the Commission shall, from time to time upon request, inform the parties to an investigation of the progress of that investigation.
(3) **Ex parte meetings** — The administering authority and the Commission shall maintain a record of any ex parte meeting between—
(A) interested parties or other persons providing factual information in connection with a proceeding, and
(B) the person charged with making the determination, or any person charged with making a final recommendation to that person, in connection with that proceeding,
if information relating to that proceeding was presented or discussed at such meeting. The record of such an ex parte meeting shall include the identity of the persons present at the meeting, the date, time, and place of the meeting, and a summary of the matters discussed or submitted. The record of the ex parte meeting shall be included in the record of the proceeding.
(4) **Summaries; non-proprietary submissions** — The administering authority and the Commission shall disclose—
(A) any proprietary information received in the course of a proceeding if it is disclosed in a form which cannot be associated with, or otherwise be used to identify, operations of a particular person, and
(B) any information submitted in connection with a proceeding which is not designated as proprietary by the person submitting it.
**(b) Proprietary inform
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1677f
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Federal law — U.S. Code and appendices · legal_authorities
Page 407
TITLE 19—CUSTOMS DUTIES
§ 1677f
(ii) if there is no same or similar pro-
gram, use a countervailable subsidy rate
for a subsidy program from a proceeding
that the administering authority considers
reasonable to use; and
(B) in the case of an antidumping duty pro-
ceeding, use any dumping margin from any
segment of the proceeding under the applica-
ble antidumping order.
(2) Discretion to apply highest rate
In carrying out paragraph (1), the admin-
istering authority may apply any of the
countervailable subsidy rates or dumping mar-
gins specified under that paragraph, including
the highest such rate or margin, based on the
evaluation by the administering authority of
the situation that resulted in the admin-
istering authority using an adverse inference
in selecting among the facts otherwise avail-
able.
(3) No obligation to make certain estimates or
address certain claims
If the administering authority uses an ad-
verse inference under subsection (b)(1)(A) in
selecting among the facts otherwise available,
the administering authority is not required,
for purposes of subsection (c) or for any other
purpose—
(A) to estimate what the countervailable
subsidy rate or dumping margin would have
been if the interested party found to have
failed to cooperate under subsection (b)(1)
had cooperated; or
(B)
to
demonstrate
that
the
countervailable subsidy rate or dumping
margin used by the administering authority
reflects an alleged commercial reality of the
interested party.
(June 17, 1930, ch. 497, title VII, § 776, as added
Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat.
186; amended Pub. L. 98–573, title VI, § 618, Oct.
30, 1984, 98 Stat. 3037; Pub. L. 100–418, title I,
§§ 1326(d)(1), 1331, Aug. 23, 1988, 102 Stat. 1204,
1207
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1677f
Stored review status: historical_2024_not_currentness_verified. The source passage cites 19 U.S.C. § 1677f. This identifies an authority to review, not proof of applicability.
Federal law — U.S. Code and appendices · legal_authorities
Page 852
TITLE 19—CUSTOMS DUTIES
§ 3421
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective on the date on which the USMCA en-
tered 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.
SUBPART 2—AGRICULTURAL STANDARDS
§ 3421. Repealed. Pub. L. 116–113, title VI, § 601,
Jan. 29, 2020, 134 Stat. 78
Section, Pub. L. 103–182, title III, § 361, Dec. 8, 1993, 107
Stat. 2122, set out agricultural standards on peanut
butter and peanut paste, established a grant for an ani-
mal health biocontainment facility, and required an-
nual reports on inspections of certain imported foods.
Editorial Notes
CODIFICATION
Prior to repeal, section was comprised of section 361
of Pub. L. 103–182, which consisted of subsecs. (a) to (i).
Subsecs. (g) to (i) of section 361 were set out as the text
of this section. Subsecs. (a) to (f) of section 361 are clas-
sified as follows: subsec. (a) amended section 1582 of
Title 7, Agriculture; subsec. (b) amended section 104 of
Title 21, Food and Drugs; subsec. (c) amended section
105 of Title 21; subsec. (d) amended section 1306 of this
title and section 281 of Title 7; subsec. (e) amended sec-
tion 466 of Title 21; and subsec. (f) amended section 620
of Title 21.
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF REPEAL
Repeal effective on the date on which the USMCA en-
tered 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.
SUBCHAPTER
IV—DISPUTE
SETTLEMENT
IN ANTIDUMPING AND COUNTERVAILING
DUTY CASES
PART A—ORGANIZATIONAL, ADMINISTRATIVE, AND
PROCEDURAL
PROVISIONS
REGARDING
IMPLE-
MENTATION OF CHAPTER 19 OF AGREEMENT
§§ 3431 to 3438. Transferred
Ed
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 3431
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Not later than the date that is 30 days after the date on which the President receives a report of the Commission in which the Commission’s determination under [section 4572 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572&num=0&edition=prelim) is affirmative or which contains a determination that the President may treat as affirmative in accordance with [section 1330(d)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1330/d/1&num=0&edition=prelim)—
(1) the President shall, subject to subsection (b), issue an order to the Secretary of Transportation specifying the relief to be provided, consistent with subsection (c), and directing the relief to be carried out; and
(2) the Secretary of Transportation shall carry out such relief.
**(b) Exception** The President is not required to provide relief under this section if the President determines that provision of such relief—
(1) is not in the national economic interest of the United States; or
(2) would cause serious harm to the national security of the United States.
**(c) Nature of relief**
(1) **In general** — The relief the President is authorized to provide under this subsection is as follows:
(A)
(i) With respect to a determination relating to an investigation under [section 4572(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4572/a/1&num=0&edition=prelim), the denial or imposition of limitations on a request for a new grant of authority by the persons of Mexico that are the subject of the investigation.
(ii) With respect to a determination relating to an investigation under [section 4572(a)(1) of this title](https://uscode.house.gov/view.x
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4582
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.