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19 U.S.C. § 4582 — Organizational and administrative provi-

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19 U.S.C. § 4582 — Organizational and administrative provi-

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-

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

19 U.S.C. § 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) 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

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

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 (

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

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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Stored review status: release_metadata_unconfirmed. 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

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

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

19 U.S.C. § 1677f — Access to information

**(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

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

19 U.S.C. § 1677f — Access to information

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

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

19 U.S.C. § 3431 — Untitled legal text

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

19 U.S.C. § 4582 — Action by President with respect to affirmative determination

**(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

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