19 U.S.C. § 4586 — Subsidy negotiations

Page 1159 TITLE 19—CUSTOMS DUTIES § 4587 (b) Rules of procedure for extraordinary chal- lenge committees The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for re- views by extraordinary challenge committees. (c) Rules of procedure for safeguarding panel re- view system The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special com- mittees described in such Annex. (d) Publication of rules The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Reg- ister. (e) Administering authority As used in this section, the term ‘‘admin- istering authority’’ has the meaning given such term in section 1677(1) of this title. (Pub. L. 116–113, title IV, § 415, formerly Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137; renumbered § 415 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(f), Jan. 29, 2020, 134 Stat. 75.) Editorial Notes CODIFICATION Section was formerly classified to section 3435 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Subsec. (a). Pub. L. 116–113, § 504(f)(3)(A), sub- stituted ‘‘article 10.12’’ for ‘‘article 1904’’ in introduc- tory provisions. Subsec. (b). Pub. L. 116–113, § 504(f)(3)(B), substituted ‘‘Annex 10–B.3’’ for ‘‘Annex 1904.13’’. Subsec. (c). Pub. L. 116–113, § 504(f)(3)(C), substituted ‘‘Annex 10–B.4’’ for ‘‘Annex 1905.6’’. 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. § 4586. Subsidy negotiations In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall in- clude— (1) achievement of increased discipline on domestic subsidies provided by a foreign gov- ernment, including— (A) the provision of capital, loans, or loan guarantees on terms inconsistent with com- mercial considerations; (B) the provision of goods or services at preferential rates; (C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and (D) the assumption of any costs or ex- penses of manufacture, production, or dis- tribution; (2) achievement of increased discipline on export subsidies provided by a foreign govern- ment, particularly with respect to agricul- tural products; and (3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties. (Pub. L. 116–113, title IV, § 416, formerly Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138; renumbered § 416 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(g), Jan. 29, 2020, 134 Stat. 75.) Editorial Notes CODIFICATION Section was formerly classified to section 3436 of this title prior to renumbering by Pub. L. 116–113. AMENDMENTS 2020—Pub. L. 116–113, § 504(g)(3), substituted ‘‘USMCA country’’ for ‘‘NAFTA country’’ in introductory provi- sions. 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. § 4587. Identification of industries facing sub- sidized imports (a) Petitions Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe— (1) that— (A) as a result of implementation of provi- sions of the USMCA, the industry is likely to face increased competition from sub- sidized imports, from a USMCA country, with which it directly competes; or (B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, fol- lowing consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and (2) that the industry is likely to experience a deterioration of its competitive position be- fore more effective rules and disciplines relat- ing to the use of government subsidies have been developed with respect to the country concerned; may file with the Trade Representative a peti- tion that such industry be identified under this section. (b) Identification of industry Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in con- sultation with the Secretary of Commerce, shall