Title 19 — Customs Duties

Part III · Chapter 4 — Tariff Act of 1930

§ 1516a. Judicial review in countervailing duty and antidumping duty proceedings

Statutory text

Review of determination

Review of certain determinations

Within 30 days after the date of publication in the Federal Register of—

a determination by the administering authority, under 1671a(c) 1 or 1673a(c) of this title, not to initiate an investigation,

a determination by the Commission, under section 1675(b) of this title, not to review a determination based upon changed circumstances,

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

a final determination by the administering authority or the Commission under section 1675(c)(3) of this title,

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.

Review of determinations on record

In general

Within thirty days after—

the date of publication in the Federal Register of—

notice of any determination described in clause (ii), (iii), (iv), (v), or (viii) of subparagraph (B),

an antidumping or countervailing duty order based upon any determination described in clause (i) of subparagraph (B), or

notice of the implementation of any determination described in clause (vii) of subparagraph (B), or

the date of mailing of a determination described in clause (vi) of subparagraph (B),

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 a summons, and within thirty days thereafter a 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.

Reviewable determinations

The determinations which may be contested under subparagraph (A) are as follows:

Final affirmative determinations by the administering authority and by the Commission under section 1671d or 1673d of this title, including any negative part of such a determination (other than a part referred to in clause (ii)).

A final negative determination by the administering authority or the Commission under section 1671d or 1673d of this title, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product.

A final determination, other than a determination reviewable under paragraph (1), by the administering authority or the Commission under section 1675 of this title.

A determination by the administering authority, under section 1671c or 1673c of this title, to suspend an antidumping duty or a countervailing duty investigation, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net countervailable subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded.

An injurious effect determination by the Commission under section 1671c(h) or 1673c(h) of this title.

A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order.

A determination by the administering authority or the Commission under section 3538 of this title concerning a determination under subtitle IV of this chapter.

A determination by the Commission under section 1675b(a)(1) of this title.

Exception

Notwithstanding the limitation imposed by paragraph (2)(A)(i)(II) of this subsection, a final affirmative determination by the administering authority under section 1671d or 1673d of this title may be contested by commencing an action, in accordance with the provisions of paragraph (2)(A), within thirty days after the date of publication in the Federal Register of a final negative determination by the Commission under section 1671d or 1673d of this title.

Procedures and fees

The procedures and fees set forth in chapter 169 of title 28 apply to an action under this section.

Time limits in cases involving merchandise from free trade area countries

Notwithstanding any other provision of this subsection, in the case of a determination to which the provisions of subsection (g) apply, an action under this subsection may not be commenced, and the time limits for commencing an action under this subsection shall not begin to run, until the day specified in whichever of the following subparagraphs applies:

For a determination described in paragraph (1)(B) or clause (i), (ii) or (iii) of paragraph (2)(B), the 31st day after the date on which notice of the determination is published in the Federal Register.

For a determination described in clause (vi) of paragraph (2)(B), the 31st day after the date on which the government of the relevant FTA country receives notice of the determination.

For a determination with respect to which binational panel review has commenced in accordance with subsection (g)(8), the day after the date as of which—

the binational panel has dismissed binational panel review of the determination for lack of jurisdiction, and

any interested party seeking review of the determination under paragraph (1), (2), or (3) of this subsection has provided timely notice under subsection (g)(3)(B).

If such an interested party files a summons and complaint under this subsection after dismissal by the binational panel, and if a request for an extraordinary challenge committee is made with respect to the decision by the binational panel to dismiss—

judicial review under this subsection shall be stayed during consideration by the committee of the request, and

the United States Court of International Trade shall dismiss the action if the committee vacates or remands the binational panel decision to dismiss.

For a determination for which review by the United States Court of International Trade is provided for—

under subsection (g)(12)(B), the day after the date of publication in the Federal Register of notice that article 10.12 of the USMCA has been suspended, or

under subsection (g)(12)(D), the day after the date that notice of settlement is published in the Federal Register.

For a determination described in clause (vii) of paragraph (2)(B), the 31st day after the date on which notice of the implementation of the determination is published in the Federal Register.

Standards of review

Remedy

The court shall hold unlawful any determination, finding, or conclusion found—

in an action brought under subparagraph (A), (B), or (C) of subsection (a)(1), to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or

in an action brought under paragraph (2) of subsection (a), to be unsupported by substantial evidence on the record, or otherwise not in accordance with law, or

in an action brought under paragraph (1)(D) of subsection (a), to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.

Record for review

In general

For the purposes of this subsection, the record, unless otherwise stipulated by the parties, shall consist of—

a copy of all information presented to or obtained by the Secretary, the administering authority, or the Commission during the course of the administrative proceeding, including all governmental memoranda pertaining to the case and the record of ex parte meetings required to be kept by section 1677f(a)(3) of this title; and

a copy of the determination, all transcripts or records of conferences or hearings, and all notices published in the Federal Register.

Confidential or privileged material

The confidential or privileged status accorded to any documents, comments, or information shall be preserved in any action under this section. Notwithstanding the preceding sentence, the court may examine, in camera, the confidential or privileged material, and may disclose such material under such terms and conditions as it may order.

Effect of decisions by United States-Canada or USMCA binational panels

In making a decision in any action brought under subsection (a), a court of the United States is not bound by, but may take into consideration, a final decision of a binational panel or extraordinary challenge committee convened pursuant to article 1904 of the Agreement or article 10.12 of the USMCA.

Liquidation of entries

Liquidation in accordance with determination

Unless such liquidation is enjoined by the court under paragraph (2) of this subsection, entries of merchandise of the character covered by a determination of the Secretary, the administering authority, or the Commission contested under subsection (a) shall be liquidated in accordance with the determination of the Secretary, the administering authority, or the Commission, if they are entered, or withdrawn from warehouse, for consumption on or before the date of publication in the Federal Register by the Secretary or the administering authority of a notice of a decision of the United States Court of International Trade, or of the United States Court of Appeals for the Federal Circuit, not in harmony with that determination. Such notice of a decision shall be published within ten days from the date of the issuance of the court decision.

Injunctive relief

In the case of a determination described in paragraph (2) of subsection (a) by the Secretary, the administering authority, or the Commission, the United States Court of International Trade may enjoin the liquidation of some or all entries of merchandise covered by a determination of the Secretary, the administering authority, or the Commission, upon a request by an interested party for such relief and a proper showing that the requested relief should be granted under the circumstances.

Remand for final disposition

If the final disposition of an action brought under this section is not in harmony with the published determination of the Secretary, the administering authority, or the Commission, the matter shall be remanded to the Secretary, the administering authority, or the Commission, as appropriate, for disposition consistent with the final disposition of the court.

Standing

Any interested party who was a party to the proceeding under section 1303 2 of this title or subtitle IV of this chapter shall have the right to appear and be heard as a party in interest before the United States Court of International Trade. The party filing the action shall notify all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court.

Liquidation in accordance with final decision

If the cause of action is sustained in whole or in part by a decision of the United States Court of International Trade or of the United States Court of Appeals for the Federal Circuit—

entries of merchandise of the character covered by the published determination of the Secretary, the administering authority, or the Commission, which is entered, or withdrawn from warehouse, for consumption after the date of publication in the Federal Register by the Secretary or the administering authority of a notice of the court decision, and

entries, the liquidation of which was enjoined under subsection (c)(2),

shall be liquidated in accordance with the final court decision in the action. Such notice of the court decision shall be published within ten days from the date of the issuance of the court decision.

Definitions

For purposes of this section—

Administering authority

The term “administering authority” means the administering authority described in section 1677(1) of this title.

Commission

The term “Commission” means the United States International Trade Commission.

Interested party

The term “interested party” means any person described in section 1677(9) of this title.

Secretary

The term “Secretary” means the Secretary of the Treasury.

Agreement

The term “Agreement” means the United States-Canada Free-Trade Agreement.

United States Secretary

The term “United States Secretary” means—

the secretary for the United States Section referred to in article 10.16 of the USMCA, and

the secretary of the United States Section provided for in article 1909 of the Agreement.

Relevant FTA Secretary

The term “relevant FTA Secretary” means the Secretary—

referred to in article 10.16 of the USMCA, or

provided for in paragraph 5 of article 1909 of the Agreement,

of the relevant FTA country.

Relevant FTA country

The term “relevant FTA country” means the free trade area country to which an antidumping or countervailing duty proceeding pertains.

Free trade area country

The term “free trade area country” means the following:

Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada.

Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.

Canada for such time as—

it is not a free trade area country under subparagraph (A); and

the Agreement is in force with respect to, and the United States applies the Agreement to, Canada.

USMCA

The term “USMCA” has the meaning given that term in section 4502 of this title.

Review of countervailing duty and antidumping duty determinations involving free trade area country merchandise

“Determination” defined

For purposes of this subsection, the term “determination” means a determination described in—

paragraph (1)(B) of subsection (a), or

clause (i), (ii), (iii), (vi), or (vii) of paragraph (2)(B) of subsection (a),

if made in connection with a proceeding regarding a class or kind of free trade area country merchandise, as determined by the administering authority.

Exclusive review of determination by binational panels

If binational panel review of a determination is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, then, except as provided in paragraphs (3) and (4)—

the determination is not reviewable under subsection (a), and

no court of the United States has power or jurisdiction to review the determination on any question of law or fact by an action in the nature of mandamus or otherwise.

Exception to exclusive binational panel review

In general

A determination is reviewable under subsection (a) if the determination sought to be reviewed is—

a determination as to which neither the United States nor the relevant FTA country requested review by a binational panel pursuant to article 1904 of the Agreement or article 10.12 of the USMCA; 3

a revised determination issued as a direct result of judicial review, commenced pursuant to subsection (a), if neither the United States nor the relevant FTA country requested review of the original determination,

a determination issued as a direct result of judicial review that was commenced pursuant to subsection (a) prior to the entry into force of the Agreement or the USMCA,

a determination which a binational panel has determined is not reviewable by the binational panel,

a determination as to which binational panel review has terminated pursuant to article 10.13 of the USMCA, or

a determination as to which extraordinary challenge committee review has terminated pursuant to article 10.13 of the USMCA.

Special rule

A determination described in subparagraph (A)(i) or (iv) is reviewable under subsection (a) only if the party seeking to commence review has provided timely notice of its intent to commence such review to—

the United States Secretary and the relevant FTA Secretary;

all interested parties who were parties to the proceeding in connection with which the matter arises; and

the administering authority or the Commission, as appropriate.

Such notice is timely provided if the notice is delivered no later than the date that is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) that is applicable to such determination, except that, if the time for requesting binational panel review is suspended under paragraph (8)(A)(ii) of this subsection, any unexpired time for providing notice of intent to commence judicial review shall, during the pendency of any such suspension, also be suspended. Such notice shall contain such information, and be in such form, manner, and style, as the administering authority, in consultation with the Commission, shall prescribe by regulations.

Exception to exclusive binational panel review for constitutional issues

Constitutionality of binational panel review system

An action for declaratory judgment or injunctive relief, or both, regarding a determination on the grounds that any provision of, or amendment made by, the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement, or the United States-Mexico-Canada Agreement Implementation Act implementing the binational panel dispute settlement system under chapter 10 of the USMCA, violates the Constitution may be brought only in the United States Court of Appeals for the District of Columbia Circuit, which shall have jurisdiction of such action.

Other constitutional review

Review is available under subsection (a) with respect to a determination solely concerning a constitutional issue (other than an issue to which subparagraph (A) applies) arising under any law of the United States as enacted or applied. An action for review under this subparagraph shall be assigned to a 3-judge panel of the United States Court of International Trade.

Commencement of review

Notwithstanding the time limits in subsection (a), within 30 days after the date of publication in the Federal Register of notice that binational panel review has been completed, an interested party who is a party to the proceeding in connection with which the matter arises may commence an action under subparagraph (A) or (B) by filing an action in accordance with the rules of the court.

Transfer of actions to appropriate court

Whenever an action is filed in a court under subparagraph (A) or (B) and that court finds that the action should have been filed in the other court, the court in which the action was filed shall transfer the action to the other court and the action shall proceed as if it had been filed in the court to which it is transferred on the date upon which it was actually filed in the court from which it is transferred.

Frivolous claims

Frivolous claims brought under subparagraph (A) or (B) are subject to dismissal and sanctions as provided under section 1927 of title 28 and the Federal Rules of Civil Procedure.

Security

Subparagraph (A) actions

The security requirements of rule 65(c) of the Federal Rules of Civil Procedure apply with respect to actions commenced under subparagraph (A).

Subparagraph (B) actions

No claim shall be heard, and no temporary restraining order or temporary or permanent injunction shall be issued, under an action commenced under subparagraph (B), unless the party seeking review first files an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense parties affected for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction. If a court upholds the constitutionality of the determination in question in such action, the court shall award to a prevailing party fees and expenses, in addition to any costs incurred by that party, unless the court finds that the position of the other party was substantially justified or that special circumstances make an award unjust.

Panel record

The record of proceedings before the binational panel shall not be considered part of the record for review pursuant to subparagraph (A) or (B).

Appeal to Supreme Court of court orders issued in subparagraph (A) actions

Notwithstanding any other provision of law, any final judgment of the United States Court of Appeals for the District of Columbia Circuit which is issued pursuant to an action brought under subparagraph (A) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of an order issued pursuant to an action brought under subparagraph (A) may be issued by a single Justice of the Supreme Court.

Liquidation of entries

Application

In the case of a determination for which binational panel review is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, the rules provided in this paragraph shall apply, notwithstanding the provisions of subsection (c).

General rule

In the case of a determination for which binational panel review is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, entries of merchandise covered by such determination shall be liquidated in accordance with the determination of the administering authority or the Commission, if they are entered, or withdrawn from warehouse, for consumption on or before the date of publication in the Federal Register by the administering authority of notice of a final decision of a binational panel, or of an extraordinary challenge committee, not in harmony with that determination. Such notice of a decision shall be published within 10 days of the date of the issuance of the panel or committee decision.

Suspension of liquidation

In general

Notwithstanding the provisions of subparagraph (B), in the case of a determination described in clause (iii) or (vi) of subsection (a)(2)(B) for which binational panel review is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, the administering authority, upon request of an interested party who was a party to the proceeding in connection with which the matter arises and who is a participant in the binational panel review, shall order the continued suspension of liquidation of those entries of merchandise covered by the determination that are involved in the review pending the final disposition of the review.

Notice

At the same time as the interested party makes its request to the administering authority under clause (i), that party shall serve a copy of its request on the United States Secretary, the relevant FTA Secretary, and all interested parties who were parties to the proceeding in connection with which the matter arises.

Application of suspension

If the interested party requesting continued suspension of liquidation under clause (i) is a foreign manufacturer, producer, or exporter, or a United States importer, the continued suspension of liquidation shall apply only to entries of merchandise manufactured, produced, exported, or imported by that particular manufacturer, producer, exporter, or importer. If the interested party requesting the continued suspension of liquidation under clause (i) is an interested party described in subparagraph (C), (D), (E), or (F) of section 1677(9) of this title, the continued suspension of liquidation shall apply only to entries which could be affected by a decision of the binational panel convened under chapter 19 of the Agreement or chapter 10 of the USMCA.

Judicial review

Any action taken by the administering authority or the United States Customs Service under this subparagraph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise.

Injunctive relief

Except for cases under paragraph (4)(B), in the case of a determination for which binational panel review is requested pursuant to article 1904 of the Agreement or article 10.12 of the USMCA, the provisions of subsection (c)(2) shall not apply.

Implementation of international obligations under article 1904 of the Agreement or article 10.12 of the USMCA

Action upon remand

If a determination is referred to a binational panel or extraordinary challenge committee under article 1904 of the Agreement or article 10.12 of the USMCA and the panel or committee makes a decision remanding the determination to the administering authority or the Commission, the administering authority or the Commission shall, within the period specified by the panel or committee, take action not inconsistent with the decision of the panel or committee. Any action taken by the administering authority or the Commission under this paragraph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise.

Application if subparagraph (A) held unconstitutional

In the event that the provisions of subparagraph (A) are held unconstitutional under the provisions of subparagraphs (A) and (H) of paragraph (4), the provisions of this subparagraph shall take effect. In such event, the President is authorized on behalf of the United States to accept, as a whole, the decision of a binational panel or extraordinary challenge committee remanding the determination to the administering authority or the Commission within the period specified by the panel or committee. Upon acceptance by the President of such a decision, the administering authority or the Commission shall, within the period specified by the panel or committee, take action not inconsistent with such decision. Any action taken by the President, the administering authority, or the Commission under this subparagraph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise.

Requests for binational panel review

Interested party requests for binational panel review

General rule

An interested party who was a party to the proceeding in which a determination is made may request binational panel review of such determination by filing a request with the United States Secretary by no later than the date that is 30 days after the date described in subparagraph (A), (B), or (E) of subsection (a)(5) that is applicable to such determination. Receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 1904(4) of the Agreement or article 10.12 of the USMCA. Such request shall contain such information and be in such form, manner, and style as the administering authority, in consultation with the Commission, shall prescribe by regulations.

Suspension of time to request binational panel review under the USMCA

Notwithstanding clause (i), the time for requesting binational panel review shall be suspended during the pendency of any stay of binational panel review that is issued pursuant to article 10.13 of the USMCA.

Service of request for binational panel review

Service by interested party

If a request for binational panel review of a determination is filed under subparagraph (A), the party making the request shall serve a copy, by mail or personal service, on any other interested party who was a party to the proceeding in connection with which the matter arises, and on the administering authority or the Commission, as appropriate.

Service by United States Secretary

If an interested party to the proceeding requests binational panel review of a determination by filing a request with the relevant FTA Secretary, the United States Secretary shall serve a copy of the request by mail on any other interested party who was a party to the proceeding in connection with which the matter arises, and on the administering authority or the Commission, as appropriate.

Limitation on request for binational panel review

Absent a request by an interested party under subparagraph (A), the United States may not request binational panel review of a determination under article 1904 of the Agreement or article 10.12 of the USMCA.

Representation in panel proceedings

In the case of binational panel proceedings convened under chapter 19 of the Agreement or chapter 10 of the USMCA, the administering authority and the Commission shall be represented by attorneys who are employees of the administering authority or the Commission, respectively. Interested parties who were parties to the proceeding in connection with which the matter arises shall have the right to appear and be represented by counsel before the binational panel.

Notification of class or kind rulings

In the case of a determination which is described in paragraph (2)(B)(vi) of subsection (a) and which is subject to the provisions of paragraph (2), the administering authority, upon request, shall inform any interested person of the date on which the Government of the relevant FTA country received notice of the determination under paragraph 4 of article 1904 of the Agreement or under article 10.12 of the USMCA.

Suspension and termination of suspension of article 10.12 of the USMCA

Suspension

If a special committee established under article 10.13 of the USMCA issues an affirmative finding, the Trade Representative may, in accordance with article 10.13 of the USMCA, suspend the operation of article 10.12 of the USMCA.

Termination of suspension

If a special committee is reconvened and makes an affirmative determination described in article 10.13 of the USMCA, any suspension of the operation of article 10.12 of the USMCA shall terminate.

Judicial review upon termination of binational panel or committee review under the USMCA

Notice of suspension or termination of suspension of article 10.12 of the USMCA

Notice of suspension

Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the operation of article 10.12 of the USMCA has been suspended in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of suspension of article 10.12 of the USMCA.

Notice of termination of suspension

Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the suspension of the operation of article 10.12 of the USMCA is terminated in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of termination of suspension of article 10.12 of the USMCA.

Transfer of final determinations for judicial review upon suspension of article 10.12 of the USMCA

If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA—

upon the request of an authorized person described in subparagraph (C), any final determination that is the subject of a binational panel review or an extraordinary challenge committee review shall be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a); or

in a case in which—

a binational panel review was completed fewer than 30 days before the suspension, and

extraordinary challenge committee review has not been requested,

upon the request of an authorized person described in subparagraph (C) which is made within 60 days after the completion of the binational panel review, the final determination that was the subject of the binational panel review shall be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a).

Persons authorized to request transfer of final determinations for judicial review

A request that a final determination be transferred to the Court of International Trade under subparagraph (B) may be made by—

if the United States made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA—

the government of the relevant country described in subparagraph (A) or (B) of subsection (f)(9),

an interested party that was a party to the panel or committee review, or

an interested party that was a party to the proceeding in connection with which panel review was requested, but only if the time period for filing notices of appearance in the panel review has not expired, or

if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA—

the government of that country,

an interested party that is a person of that country and that was a party to the panel or committee review, or

an interested party that is a person of that country and that was a party to the proceeding in connection with which panel review was requested, but only if the time period for filing notices of appearance in the panel review has not expired.

Transfer for judicial review upon settlement

If the Trade Representative achieves a settlement with the government of a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA, and referral for judicial review is among the terms of such settlement, any final determination that is the subject of a binational panel review or an extraordinary challenge committee review shall, upon a request described in clause (ii), be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a).

A request referred to in clause (i) is a request made by—

the country referred to in clause (i),

an interested party that was a party to the panel or committee review, or

an interested party that was a party to the proceeding in connection with which panel review was requested, but only if the time for filing notices of appearance in the panel review has not expired.

Footnotes

1 So in original. Probably should be preceded by “section”.
2 See References in Text note below.
3 So in original. The semicolon probably should be a comma.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1930
Trade Agreements Act of 1979
Pub. L. 96–39 title X § 1001(a) · 93 Stat. 144
Enacted · 19 U.S.C. § 1516a
June 17, 1930, ch. 497, title IV, § 516A, as added Pub. L. 96–39, title X, § 1001(a), July 26, 1979, 93 Stat. 300
Source evidence
Code source credit
June 17, 1930, ch. 497, title IV, § 516A, as added Pub. L. 96–39, title X, § 1001(a), July 26, 1979, 93 Stat. 300
Enacted provision · exact public law section
(a) Review Procedures Applicable to Countervailing Duty and Antidumping Duty Matters.— Title V of the Tariff Act of 1930 (19 U.S.C. 1501, et seq.) is amended by inserting after section 516 the following new section: “SEC. 516A. JUDICIAL REVIEW IN COUNTERVAILING DUTY AND ANTI-DUMPING DUTY PROCEEDINGS. “(a) Review of Determination.— “(1) Review of certain determinations.— Within 30 days after the date of publication in the Federal Register of notice of— “(A) a determination by the Secretary or the administering authority, under section 303(a)(3), 702(c), or 732(c) of this Act, not to initiate an investigation, 19 USC 1303; Ante, pp. 152, 162. Ante, pp. 153, 163. “(B) a determination by the administering authority, under section 703(c) or 733(c) of this Act, that a case is extraordinarily complicated, “(C) a determination by the administering authority or the Commission, under section 751(b) of this Act, not to review Ante, p. 175. an agreement or a determination based upon changed circumstances, “(D) a negative determination by the Commission, under section 703(a) or 733(a) of this Act, as to whether there is reasonable indication of material injury, threat of material injury, or material retardation, or “(E) a negative determination by the administering authority under section 703(b) or 733(b) of this Act, 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 Customs Court 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 the date of publication in the Federal Register of— “(i) notice of any determination described in clause (ii), (iii), (iv), or (v) of subparagraph (B), or “(ii) an antidumping or countervailing duty order based upon any determination described in clause (i) of subparagraph (B), 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 Customs Court by filing a summons, and within thirty days thereafter a 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. “(B) Reviewable determinations—The determinations which may be contested under subparagraph (A) are as follows: “(i) Final affirmative determinations by the Secretary and by the Commission under section 303, or by the administering authority and by the Commission under section 705 or 735 of this Act. Ante, pp. 159, 169. “(ii) A final negative determination by the Secretary, the administering authority, or the Commission under section 303, 705, or 735 of this Act. “(iii) A determination, other than a determination reviewable under paragraph (1), by the Secretary, the administering authority, or the Commission under section 751 of this Act. Ante, p. 175. “(iv) A determination by the administering authority, under section 704 or 734 of this Act, to suspend an Ante, pp. 154, 165. antidumping duty or a countervailing duty investigation. “(v) An injurious effect determination by the Commission Ante, pp. 154, 165. under section 704(h) or 734(h) of this Act. “(3) Procedures and fees.— The procedures and fees set forth in subsections (b), (c), and (e) of section 2632 of title 28, United 28 USC 2632. States Code, apply to an action under this section. “(b) Standards of Review.— “(1) Remedy.— The court shall hold unlawful any determination, finding, or conclusion found— “(A) in an action brought under paragraph (1) of subsection (a), to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law, or “(B) in an action brought under paragraph (2) of subsection (a), to be unsupported by substantial evidence on the record, or otherwise not in accordance with law. “(2) Record for review.— “(A) In general.— For the purposes of this subsection, the record, unless otherwise stipulated by the parties, shall consist of— “(i) a copy of all information presented to or obtained by the Secretary, the administering authority, or the Commission during the course of the administrative proceeding, including all governmental memoranda pertaining to the case and the record of ex parte meetings Ante, p. 187. required to be kept by section 777(acontainers3); and “(ii) a copy of the determination, all transcripts or records of conferences or hearings, and all notices published in the Federal Register. “(B) Confidential or privileged material.— The confidential or privileged status accorded to any documents, comments, or information shall be preserved in any action under this section. Notwithstanding the preceding sentence, the court may examine, in camera, the confidential or privileged material, and may disclose such material under such terms and conditions as it may order. “(c) Liquidation of Entries.— “(1) Liquidation in accordance with determination.— Unless such liquidation is enjoined by the court under paragraph (2) of this subsection, entries of merchandise of the character covered by a determination of the Secretary, the administering authority, or the Commission contested under subsection (a) shall be liquidated in accordance with the determination of the Secretary, the administering authority, or the Commission, if they are entered, or withdrawn from warehouse, for consumption on or before the date of publication in the Federal Register by the Secretary or the administering authority of a notice of a decision of the United States Customs Court, or of the United States Court of Customs and Patent Appeals, not in harmony with that determination. Such notice of a decision shall be published within ten days from the date of the issuance of the court decision. “(2) Injunctive relief.— In the case of a determination described in paragraph (2) of subsection (a) by the Secretary, the administering authority, or the Commission, the United States Customs Court may enjoin the liquidation of some or all entries of merchandise covered by a determination of the Secretary, the administering authority, or the Commission, upon a request by an interested party for such relief and a proper showing that the requested relief should be granted under the circumstances. In ruling on a request for such injunctive relief, the court shall consider, among other factors, whether— “(A) the party filing the action is likely to prevail on the merits, “(B) the party filing the action would be irreparably harmed if liquidation of some or all of the entries is not enjoined, “(C) the public interest would best be served if liquidation is enjoined, and “(D) the harm to the party filing the action would be greater if liquidation of some or all of the entries is not enjoined than the harm to other persons if liquidation of some or all of the entries is enjoined. “(3) Remand for final disposition.— If the final disposition of an action brought under this section is not in harmony with the published determination of the Secretary, the administering authority, or the Commission, the matter shall be remanded to the Secretary, the administering authority, or the Commission, as appropriate, for disposition consistent with the final disposition of the court. “(d) Standing.— Any interested party who was a party to the proceeding under section 303 of this Act or title VII of this Act shall 19 USC 1303; Ante, p. 150. have the right to appear and be heard as a party in interest before the United States Customs Court. The party filing the action shall notify all interested parties of the filing of an action pursuant to this section. “(e) Liquidation in Accordance With Final Decision.— If the cause of action is sustained in whole or in part by a decision of the United States Customs Court or of the United States Court of Customs and Patent Appeals— “(1) entries of merchandise of the character covered by the published determination of the Secretary, the administering authority, or the Commission, which is entered, or withdrawn from warehouse, for consumption after the date of publication in the Federal Register by the Secretary or the administering authority of a notice of the court decision, and “(2) entries, the liquidation of which was enjoined under subsection (c)(2), shall be liquidated in accordance with the final court decision in the action. Such notice of the court decision shall be published within ten days from the date of the issuance of the court decision. “(f) Definitions.— For purposes of this section— “(1) Administering authority.— The term ‘administering authority’ means the administering authority described in section 771(1) of this Act. Ante, p. 176. “(2) Commission.— The term ‘Commission’ means the United States International Trade Commission. “(3) Interested party.— The term ‘interested party’ means any person described in section 771(9) of this Act. “(4) Secretary.— The term ‘Secretary’ means the Secretary of the Treasury.”.
1980
Customs Courts Act of 1980
Pub. L. 96–417 § 608(a) · 94 Stat. 1727
1. Redesignated · 19 U.S.C. § 1516a(a)(1)
  Pub. L. 96–417, § 608(a), inserted subpar. “(A) Thirty-day review” heading; redesignated as cls. (i), (ii), and (iii) of subpar. (A) provisions formerly designated as subpars. (A), (C), and (D) of par. (1); inserted subpar. “(B) Ten-day review” heading and its introductory text; redesignated as cls. (i) and (ii) of subpar. (B) provisions formerly designated as subpars. (B) and (E) of par. (1), thus substituting ten-day for thirty-day review for such clauses; enacted provision respecting commencement of action by an interested party following subpars. (A) and (B), formerly enacted following only par. (1);
2. Redesignated · 19 U.S.C. § 1516a(a)(1)
  Pub. L. 96–417, § 608(a), redesignated the United States Customs Court as the United States Court of International Trade in the latter provisions
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 96–417, § 608(a), inserted subpar. “(A) Thirty-day review” heading; redesignated as cls. (i), (ii), and (iii) of subpar. (A) provisions formerly designated as subpars. (A), (C), and (D) of par. (1); inserted subpar. “(B) Ten-day review” heading and its introductory text; redesignated as cls. (i) and (ii) of subpar. (B) provisions formerly designated as subpars. (B) and (E) of par. (1), thus substituting ten-day for thirty-day review for such clauses; enacted provision respecting commencement of action by an interested party following subpars. (A) and (B), formerly enacted following only par. (1); and redesignated the United States Customs Court as the United States Court of International Trade in the latter provisions.
Enacted provision · exact public law section
(a) Section 516A(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(1)) is amended to read as follows: “(1) Review of certain determinations.— “(A) Thirty-day review.— Within 30 days after the date of publication in the Federal Register of notice of— “(i) a determination by the Secretary or the administering authority, under section 303(a)(3), 702(c), or 732(c) of this Act, not to initiate an investigation, 19 USC 1303, 1671a, 1673a. “(ii) a determination by the administering authority or the Commission, under section 751(b) of this Act, not 19 USC 1675. to review an agreement or a determination based upon changed circumstances, or “(iii) a negative determination by the Commission, under section 703(a) or 733(a) of this Act, as to whether 19 USC 1671b, 1673b. there is reasonable indication of material injury, threat of material injury, or material retardation, 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. “(B) Ten-day review.— Within 10 days after the date of publication in the Federal Register of notice of— “(i) a determination by the administering authority, 19 USC 1671b, 1673b. under section 703(c) or 733(c) of this Act, that a case is extraordinarily complicated, or “(ii) a negative determination by the administering authority under section 703(b) or 733(b) of this Act, 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.”.
1980
Customs Courts Act of 1980
Pub. L. 96–417 § 601(7) · 94 Stat. 1727
Redesignated · 19 U.S.C. § 1516a(a)(2)(A)
Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade.
Enacted provision · exact public law section
(7) Section 516A (a)(2), (c), (d), and (e) of the Tariff Act of 1930 (19 U.S.C. 1516a (a)(2), (c), (d), and (e)).
1980
Customs Courts Act of 1980
Pub. L. 96–417 § 608(b) · 94 Stat. 1727
Substituted · 19 U.S.C. § 1516a(a)(3)
Pub. L. 96–417, § 608(b), substituted “chapter 169 of title 28” for “section 2632 of title 28”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 96–417, § 608(b), substituted “chapter 169 of title 28” for “section 2632 of title 28”.
Enacted provision · exact public law section
(b) Section 516A(a)(3) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(3)) is amended by striking out “section 2632” and inserting in lieu thereof “chapter 169”.
1980
Customs Courts Act of 1980
Pub. L. 96–417 title VI · 94 Stat. 1727
Redesignated · 19 U.S.C. § 1516a(c)(1); 19 U.S.C. § 1516a(c)(2)
Pub. L. 96–417, §§ 601(7), 608(c), redesignated in pars. (1) and (2) the United States Customs Court as the United States Court of International Trade and deleted from par. (2) the criteria to be considered in ruling on an injunction, namely, the party likely to prevail, irreparable harm, public interest, and greater harm
Source evidence
Code amendment note
Subsec. (c)(1), (2). Pub. L. 96–417, §§ 601(7), 608(c), redesignated in pars. (1) and (2) the United States Customs Court as the United States Court of International Trade and deleted from par. (2) the criteria to be considered in ruling on an injunction, namely, the party likely to prevail, irreparable harm, public interest, and greater harm.
Enacted provision · exact public law
TITLE VI— TECHNICAL AND CONFORMING AMENDMENTS TO OTHER ACTS Sec. 601. The following provisions of law are amended by striking out “Customs Court” and inserting in lieu thereof “Court of International Trade”: (1) Section 6001 of title 18, United States Code. (2) Section 305 of the Tariff Act of 1930 (19 U.S.C. 1305). (3) Section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)). (4) Section 503 of the Tariff Act of 1930 (19 U.S.C. 1503). (5) Section 514 (a) and (b) of the Tariff Act of 1930 (19 U.S.C. 1514 (a) and (b)). (6) Section 516 (d), (e), and (f) of the Tariff Act of 1930 (19 U.S.C. 1516 (d), (e), and (f)). (7) Section 516A (a)(2), (c), (d), and (e) of the Tariff Act of 1930 (19 U.S.C. 1516a (a)(2), (c), (d), and (e)). (8) Section 528 of the Tariff Act of 1930 (19 U.S.C. 1528). (9) Section 308(9) of the Ethics in Government Act (28 U.S.C. (10) Section 7443(d) of the Internal Revenue Code of 1954. (11) Section 906 of title 44, United States Code. Sec. 602. Section 103(h) of the Act of March 27, 1978 (92 Stat. 170; 16 16 USC 79l. U.S.C. 791(h)) is amended by striking out “section 250 of the Trade Act of 1974 (88 Stat. 2029)” and inserting in lieu thereof “section 284 of Post, p. 1746. the Trade Act of 1974, except that such review shall be in the appropriate court of appeals of the United States, and the judgment of such court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”. Sec. 603. The first section of the Act entitled “An Act to provide the name by which the Board of General Appraisers and members thereof shall be known” approved May 28, 1926 (19 U.S.C. 405a), is repealed. Sec. 604. Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)) is amended— (1) by inserting “for review in accordance with chapter 7 of title 5 USC 701 et seq. 5, United States Code” immediately before the period at the end of the fourth sentence; and (2) by striking out the last sentence and inserting in lieu thereof the following new sentence: “Notwithstanding the foregoing provisions of this subsection, Commission determinations under subsections (d), (e), and (f) with respect to its findings on the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, the amount and nature of bond, or the appropriate remedy shall be reviewable in accordance with section 706 of title 5, United States Code.”. Sec. 605. (a) Section 514(a)(4) of the Tariff Act of 1930 (19 U.S.C. 1514(a)(4)) is amended to read as follows: “(4) the exclusion of merchandise from entry or delivery or a demand for redelivery to customs custody under any provision of the customs laws, except a determination appealable under section 337 of this Act;”. (b) Section 514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) is further amended by striking out “section 2632 of title 28 of the United States Code within the time prescribed by section 2631” and inserting in lieu thereof “chapter 169 of title 28 of the United States Code within the time prescribed by section 2636”. Ante, p. 1734. Sec. 606. Section 515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b)) is amended by striking out “section 1582” and inserting in lieu thereof “section 1581”. Sec. 607. (a) Section 516(a) of the Tariff Act of 1930 is amended— 19 USC 1516. (1) by inserting “(1)” immediately before “The Secretary”; (2) by striking out “(as defined in section 771(9) (C), (D), and (E) 19 USC 1677. of this Act)”; (3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (4) by inserting at the end thereof the following new paragraph: “(2) As used in this section, the term ‘interested party’ means a “Interested party.” person who is— “(A) a manufacturer, producer, or wholesaler in the United States; “(B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States; or “(C) a trade or business association a majority of whose members are manufacturers, producers, or wholesalers in the United States, of goods of the same class or kind as the designated imported merchandise.”. (b) Section 516(d) of the Tariff Act of 1930 (19 U.S.C. 1516(d)) is amended by striking out “section 2632” and inserting in lieu thereof “chapter 169”. Sec. 608. (a) Section 516A(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(1)) is amended to read as follows: “(1) Review of certain determinations.— “(A) Thirty-day review.— Within 30 days after the date of publication in the Federal Register of notice of— “(i) a determination by the Secretary or the administering authority, under section 303(a)(3), 702(c), or 732(c) of this Act, not to initiate an investigation, 19 USC 1303, 1671a, 1673a. “(ii) a determination by the administering authority or the Commission, under section 751(b) of this Act, not 19 USC 1675. to review an agreement or a determination based upon changed circumstances, or “(iii) a negative determination by the Commission, under section 703(a) or 733(a) of this Act, as to whether 19 USC 1671b, 1673b. there is reasonable indication of material injury, threat of material injury, or material retardation, 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. “(B) Ten-day review.— Within 10 days after the date of publication in the Federal Register of notice of— “(i) a determination by the administering authority, 19 USC 1671b, 1673b. under section 703(c) or 733(c) of this Act, that a case is extraordinarily complicated, or “(ii) a negative determination by the administering authority under section 703(b) or 733(b) of this Act, 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.”. (b) Section 516A(a)(3) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(3)) is amended by striking out “section 2632” and inserting in lieu thereof “chapter 169”. (c) Section 516A(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1516a(c)(2)) is amended by striking out the second sentence. (d) The second sentence of section 516A(d) of the Tariff Act of 1930 (19 U.S.C. 1516a(d)) is amended to read as follows: “The party filing the action shall notify all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court.”. Sec. 609. Section 592(e) of the Tariff Act of 1930 (19 U.S.C. 1592(e)) is amended by striking out “(e) District Court Proceedings.—” and all that follows through “under this section—” and inserting in lieu thereof the following: “(e) Court of International Trade Proceedings.— Notwithstanding any other provision of law, in any proceeding commenced by the United States in the Court of International Trade for the recovery of any monetary penalty claimed under this section—”. Sec. 610. Section 604 of the Tariff Act of 1930 (19 U.S.C. 1604) is amended— (1) by striking out “every United States district attorney” and inserting in lieu thereof “the Attorney General of the United States”; (2) by inserting “or the Court of International Trade” immediately after “district court”; and (3) by striking out “such district attorney” and inserting in lieu thereof “the Attorney General”. Sec. 611. (a) The second sentence of the second paragraph of section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by striking out “in the circuit court” and all that follows through “District of Columbia” and inserting in lieu thereof “in the Court of International Trade”. (b) Section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by striking out the next to last sentence of the second paragraph. Sec. 612. Section 250 of the Trade Act of 1974 (19 U.S.C. 2322), and the item relating to such section in the table of contents of such Act, are repealed. Sec. 613. (a) Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is amended by redesignating section 284 as section 285 and by inserting immediately after section 283 the following new section: “SEC. 284. JUDICIAL REVIEW. “(a) A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under section 223 of this title, a firm or its representative or any other interested domestic 19 USC 2273. party aggrieved by a final determination of the Secretary of Commerce under section 251 of this title, or a community or any other 19 USC 2341. interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 271 of this title may, within 19 USC 2371. sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor or the Secretary of Commerce, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination. “(b) The findings of fact by the Secretary of Labor or the Secretary of Commerce, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. “(c) The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor or the Secretary of Commerce, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Customs and Patent Appeals as prescribed by the rules of such court. The judgment of the Court of Customs and Patent Appeals shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 of title 28.”. (b) The table of contents of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended by striking out the item relating to section 284 and inserting in lieu thereof the following new items: “Sec. 284. Judicial review. “Sec. 285. Effective date.”.
1980
Customs Courts Act of 1980
Pub. L. 96–417 title VI · 94 Stat. 1727
1. Redesignated · 19 U.S.C. § 1516a(d)
  Pub. L. 96–417, §§ 601(7), 608(d), redesignated the United States Customs Court as the United States Court of International Trade
2. Substituted · 19 U.S.C. § 1516a(d)
  Pub. L. 96–417, §§ 601(7), 608(d), substituted requirement for notification of “all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court” for prior notice requirement to “all interested parties of the filing of an action pursuant to this section”
Source evidence
Code amendment note
Subsec. (d). Pub. L. 96–417, §§ 601(7), 608(d), redesignated the United States Customs Court as the United States Court of International Trade and substituted requirement for notification of “all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court” for prior notice requirement to “all interested parties of the filing of an action pursuant to this section”.
Enacted provision · exact public law
TITLE VI— TECHNICAL AND CONFORMING AMENDMENTS TO OTHER ACTS Sec. 601. The following provisions of law are amended by striking out “Customs Court” and inserting in lieu thereof “Court of International Trade”: (1) Section 6001 of title 18, United States Code. (2) Section 305 of the Tariff Act of 1930 (19 U.S.C. 1305). (3) Section 502(b) of the Tariff Act of 1930 (19 U.S.C. 1502(b)). (4) Section 503 of the Tariff Act of 1930 (19 U.S.C. 1503). (5) Section 514 (a) and (b) of the Tariff Act of 1930 (19 U.S.C. 1514 (a) and (b)). (6) Section 516 (d), (e), and (f) of the Tariff Act of 1930 (19 U.S.C. 1516 (d), (e), and (f)). (7) Section 516A (a)(2), (c), (d), and (e) of the Tariff Act of 1930 (19 U.S.C. 1516a (a)(2), (c), (d), and (e)). (8) Section 528 of the Tariff Act of 1930 (19 U.S.C. 1528). (9) Section 308(9) of the Ethics in Government Act (28 U.S.C. (10) Section 7443(d) of the Internal Revenue Code of 1954. (11) Section 906 of title 44, United States Code. Sec. 602. Section 103(h) of the Act of March 27, 1978 (92 Stat. 170; 16 16 USC 79l. U.S.C. 791(h)) is amended by striking out “section 250 of the Trade Act of 1974 (88 Stat. 2029)” and inserting in lieu thereof “section 284 of Post, p. 1746. the Trade Act of 1974, except that such review shall be in the appropriate court of appeals of the United States, and the judgment of such court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code.”. Sec. 603. The first section of the Act entitled “An Act to provide the name by which the Board of General Appraisers and members thereof shall be known” approved May 28, 1926 (19 U.S.C. 405a), is repealed. Sec. 604. Section 337(c) of the Tariff Act of 1930 (19 U.S.C. 1337(c)) is amended— (1) by inserting “for review in accordance with chapter 7 of title 5 USC 701 et seq. 5, United States Code” immediately before the period at the end of the fourth sentence; and (2) by striking out the last sentence and inserting in lieu thereof the following new sentence: “Notwithstanding the foregoing provisions of this subsection, Commission determinations under subsections (d), (e), and (f) with respect to its findings on the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, the amount and nature of bond, or the appropriate remedy shall be reviewable in accordance with section 706 of title 5, United States Code.”. Sec. 605. (a) Section 514(a)(4) of the Tariff Act of 1930 (19 U.S.C. 1514(a)(4)) is amended to read as follows: “(4) the exclusion of merchandise from entry or delivery or a demand for redelivery to customs custody under any provision of the customs laws, except a determination appealable under section 337 of this Act;”. (b) Section 514(a) of the Tariff Act of 1930 (19 U.S.C. 1514(a)) is further amended by striking out “section 2632 of title 28 of the United States Code within the time prescribed by section 2631” and inserting in lieu thereof “chapter 169 of title 28 of the United States Code within the time prescribed by section 2636”. Ante, p. 1734. Sec. 606. Section 515(b) of the Tariff Act of 1930 (19 U.S.C. 1515(b)) is amended by striking out “section 1582” and inserting in lieu thereof “section 1581”. Sec. 607. (a) Section 516(a) of the Tariff Act of 1930 is amended— 19 USC 1516. (1) by inserting “(1)” immediately before “The Secretary”; (2) by striking out “(as defined in section 771(9) (C), (D), and (E) 19 USC 1677. of this Act)”; (3) by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; and (4) by inserting at the end thereof the following new paragraph: “(2) As used in this section, the term ‘interested party’ means a “Interested party.” person who is— “(A) a manufacturer, producer, or wholesaler in the United States; “(B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States; or “(C) a trade or business association a majority of whose members are manufacturers, producers, or wholesalers in the United States, of goods of the same class or kind as the designated imported merchandise.”. (b) Section 516(d) of the Tariff Act of 1930 (19 U.S.C. 1516(d)) is amended by striking out “section 2632” and inserting in lieu thereof “chapter 169”. Sec. 608. (a) Section 516A(a)(1) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(1)) is amended to read as follows: “(1) Review of certain determinations.— “(A) Thirty-day review.— Within 30 days after the date of publication in the Federal Register of notice of— “(i) a determination by the Secretary or the administering authority, under section 303(a)(3), 702(c), or 732(c) of this Act, not to initiate an investigation, 19 USC 1303, 1671a, 1673a. “(ii) a determination by the administering authority or the Commission, under section 751(b) of this Act, not 19 USC 1675. to review an agreement or a determination based upon changed circumstances, or “(iii) a negative determination by the Commission, under section 703(a) or 733(a) of this Act, as to whether 19 USC 1671b, 1673b. there is reasonable indication of material injury, threat of material injury, or material retardation, 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. “(B) Ten-day review.— Within 10 days after the date of publication in the Federal Register of notice of— “(i) a determination by the administering authority, 19 USC 1671b, 1673b. under section 703(c) or 733(c) of this Act, that a case is extraordinarily complicated, or “(ii) a negative determination by the administering authority under section 703(b) or 733(b) of this Act, 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.”. (b) Section 516A(a)(3) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(3)) is amended by striking out “section 2632” and inserting in lieu thereof “chapter 169”. (c) Section 516A(c)(2) of the Tariff Act of 1930 (19 U.S.C. 1516a(c)(2)) is amended by striking out the second sentence. (d) The second sentence of section 516A(d) of the Tariff Act of 1930 (19 U.S.C. 1516a(d)) is amended to read as follows: “The party filing the action shall notify all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court.”. Sec. 609. Section 592(e) of the Tariff Act of 1930 (19 U.S.C. 1592(e)) is amended by striking out “(e) District Court Proceedings.—” and all that follows through “under this section—” and inserting in lieu thereof the following: “(e) Court of International Trade Proceedings.— Notwithstanding any other provision of law, in any proceeding commenced by the United States in the Court of International Trade for the recovery of any monetary penalty claimed under this section—”. Sec. 610. Section 604 of the Tariff Act of 1930 (19 U.S.C. 1604) is amended— (1) by striking out “every United States district attorney” and inserting in lieu thereof “the Attorney General of the United States”; (2) by inserting “or the Court of International Trade” immediately after “district court”; and (3) by striking out “such district attorney” and inserting in lieu thereof “the Attorney General”. Sec. 611. (a) The second sentence of the second paragraph of section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by striking out “in the circuit court” and all that follows through “District of Columbia” and inserting in lieu thereof “in the Court of International Trade”. (b) Section 641(b) of the Tariff Act of 1930 (19 U.S.C. 1641(b)) is amended by striking out the next to last sentence of the second paragraph. Sec. 612. Section 250 of the Trade Act of 1974 (19 U.S.C. 2322), and the item relating to such section in the table of contents of such Act, are repealed. Sec. 613. (a) Title II of the Trade Act of 1974 (19 U.S.C. 2251 et seq.) is amended by redesignating section 284 as section 285 and by inserting immediately after section 283 the following new section: “SEC. 284. JUDICIAL REVIEW. “(a) A worker, group of workers, certified or recognized union, or authorized representative of such worker or group aggrieved by a final determination of the Secretary of Labor under section 223 of this title, a firm or its representative or any other interested domestic 19 USC 2273. party aggrieved by a final determination of the Secretary of Commerce under section 251 of this title, or a community or any other 19 USC 2341. interested domestic party aggrieved by a final determination of the Secretary of Commerce under section 271 of this title may, within 19 USC 2371. sixty days after notice of such determination, commence a civil action in the United States Court of International Trade for review of such determination. The clerk of such court shall send a copy of the summons and the complaint in such action to the Secretary of Labor or the Secretary of Commerce, as the case may be. Upon receiving a copy of such summons and complaint, such Secretary shall promptly certify and file in such court the record on which he based such determination. “(b) The findings of fact by the Secretary of Labor or the Secretary of Commerce, as the case may be, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to such Secretary to take further evidence, and such Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. “(c) The Court of International Trade shall have jurisdiction to affirm the action of the Secretary of Labor or the Secretary of Commerce, as the case may be, or to set such action aside, in whole or in part. The judgment of the Court of International Trade shall be subject to review by the United States Court of Customs and Patent Appeals as prescribed by the rules of such court. The judgment of the Court of Customs and Patent Appeals shall be subject to review by the Supreme Court of the United States upon certiorari as provided in section 1256 of title 28.”. (b) The table of contents of the Trade Act of 1974 (19 U.S.C. 2101 et seq.) is amended by striking out the item relating to section 284 and inserting in lieu thereof the following new items: “Sec. 284. Judicial review. “Sec. 285. Effective date.”.
1980
Customs Courts Act of 1980
Pub. L. 96–417 § 601(7) · 94 Stat. 1727
Redesignated · 19 U.S.C. § 1516a(e)
Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade
Source evidence
Code amendment note
Subsec. (e). Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade.
Enacted provision · exact public law section
(7) Section 516A (a)(2), (c), (d), and (e) of the Tariff Act of 1930 (19 U.S.C. 1516a (a)(2), (c), (d), and (e)).
1980
Pub. L. 96–542 § 2 · 94 Stat. 3209
Substituted · 19 U.S.C. § 1516a(a)(3)
Pub. L. 96–542 substituted “chapter 169 of title 28” for “subsections (b), (c), and (e) of chapter 169 of title 28”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 96–542 substituted “chapter 169 of title 28” for “subsections (b), (c), and (e) of chapter 169 of title 28”.
Enacted provision · exact public law section
Sec. 2. Section 516A(a)(3) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(3)) is amended by striking out “subsections (b), (c), and (e) of”.
1982
Federal Courts Improvement Act of 1982
Pub. L. 97–164 title I § 163(a)(2) · 96 Stat. 25
Substituted · 19 U.S.C. § 1516a(c)(1); 19 U.S.C. § 1516a(c)(e)
Pub. L. 97–164 substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”
Source evidence
Code amendment note
Subsecs. (c)(1), (e). Pub. L. 97–164 substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.
Enacted provision · exact public law section
(2) Section 516A (c) and (e) of the Tariff Act of 1930 (19 U.S.C. 1516a (c) and (e)).
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(1) · 98 Stat. 2948
1. Struck · 19 U.S.C. § 1516a(a)(1)
  Pub. L. 98–573, § 623(a)(1), amended par. (1) generally, and thereby struck out the designation “(A)” before “Within 30 days”
2. Redesignated · 19 U.S.C. § 1516a(a)(1)
  Pub. L. 98–573, § 623(a)(1), redesignated former cls. (i) to (iii) as subpars. (A) to (C), respectively, in subpar. (A) as so redesignated struck out references to the Secretary and to section 1303(a)(3) of this title, in subpar. (B) as so redesignated struck out reference to the administering authority and to review of agreements based on changed circumstances
3. Struck · 19 U.S.C. § 1516a(a)(1)
  Pub. L. 98–573, § 623(a)(1), struck out former subpar. (B), relating to a right of judicial review of certain determinations of the administering authority within 10 days after publication of notice of the determination in the Federal Register
Source evidence
Code amendment note
Subsec. (a)(1). Pub. L. 98–573, § 623(a)(1), amended par. (1) generally, and thereby struck out the designation “(A)” before “Within 30 days”, redesignated former cls. (i) to (iii) as subpars. (A) to (C), respectively, in subpar. (A) as so redesignated struck out references to the Secretary and to section 1303(a)(3) of this title, in subpar. (B) as so redesignated struck out reference to the administering authority and to review of agreements based on changed circumstances, and struck out former subpar. (B), relating to a right of judicial review of certain determinations of the administering authority within 10 days after publication of notice of the determination in the Federal Register.
Enacted provision · exact public law section
(1) Paragraph (1) is amended to read as follows: “(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, 19 USC 1671a, 1673a. under 702(c) or 732(c) of this Act, not to initiate an investigation, “(B) a determination by the Commission, under section Ante, p. 3031. 751(b) of this Act, not to review a determination based upon changed circumstances, or “(C) a negative determination by the Commission, under 19 USC 1671b, 1673b. section 703(a) or 733(a) of this Act, as to whether there is reasonable indication of material injury, threat of material injury, or material retardation, 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.”.
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(2) · 98 Stat. 2948
1. Inserted · 19 U.S.C. § 1516a(a)(2)(A)
  Pub. L. 98–573, § 623(a)(2), inserted the designation “(i)” before “the date of publication in the Federal Register of”
2. Redesignated · 19 U.S.C. § 1516a(a)(2)(A)
  Pub. L. 98–573, § 623(a)(2), redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively
3. Added · 19 U.S.C. § 1516a(a)(2)(A)
  Pub. L. 98–573, § 623(a)(2), added cl. (ii)
Source evidence
Code amendment note
Subsec. (a)(2)(A). Pub. L. 98–573, § 623(a)(2), inserted the designation “(i)” before “the date of publication in the Federal Register of”, redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii).
Enacted provision · exact public law section
(2) Paragraph (2)(A) is amended— (A) by striking out “the date of publication in the Federal Register of” in the matter preceding clause (i); and (B) by amending clauses (i) and (ii) to read as follows: “(i) the date of publication in the Federal Register of— “(I) notice of any determination described in clause (ii), (iii), (iv), or (v) of subparagraph (B), or “(II) an antidumping or countervailing duty order based upon any determination described in clause (i) of subparagraph (B), or “(ii) the date of mailing of a determination described in clause (vi) of subparagraph (B),”.
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(3) · 98 Stat. 2948
1. Struck · 19 U.S.C. § 1516a(a)(2)(B)(i)
  Pub. L. 98–573, § 623(a)(3), amended cl. (i) generally and thereby struck out provisions referring to final affirmative determinations by the Secretary and by the Commission under section 1303 of this title
2. Inserted · 19 U.S.C. § 1516a(a)(2)(B)(i)
  Pub. L. 98–573, § 623(a)(3), inserted reference to any negative part of decisions under section 1671d or 1673d of this title
Source evidence
Code amendment note
Subsec. (a)(2)(B)(i). Pub. L. 98–573, § 623(a)(3), amended cl. (i) generally and thereby struck out provisions referring to final affirmative determinations by the Secretary and by the Commission under section 1303 of this title, and inserted reference to any negative part of decisions under section 1671d or 1673d of this title.
Enacted provision · exact public law section
(3) Amend paragraph (2)(B) to read as follows: “(B) Reviewable determinations.— The determinations which may be contested under subparagraph (A) are as follows: “(i) Final affirmative determinations by the administering authority and by the Commission under section Ante, pp. 3024, 3028, 3029. 705 or 735 of this Act, including any negative part of such a determination (other than a part referred to in clause (ii)). “(ii) A final negative determination by the administering authority or the Commission under section 705 or 735 of this Act, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product. “(iii) A final determination, other than a determination reviewable under paragraph (1), by the administer-ing authority or the Commission under section 751 of this Act. Ante, p. 3031. “(iv) A determination by the administering authority, under section 704 or 734 of this Act, to suspend an Ante, pp. 3025, 3026. antidumping duty or a countervailing duty investigation, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded. “(v) An injurious effect determination by the Commission under section 704(h) or 734(h) of this Act. “(vi) A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order.”.
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(3) · 98 Stat. 2948
Struck and inserted · 19 U.S.C. § 1516a(a)(2)(B)(ii)
Pub. L. 98–573, § 623(a)(3), amended cl. (ii) generally and thereby struck out references to the Secretary and to section 1303 of this title and inserted provision relating to any part of a final affirmative determination which specifically excludes any company or product
Source evidence
Code amendment note
Subsec. (a)(2)(B)(ii). Pub. L. 98–573, § 623(a)(3), amended cl. (ii) generally and thereby struck out references to the Secretary and to section 1303 of this title and inserted provision relating to any part of a final affirmative determination which specifically excludes any company or product.
Enacted provision · exact public law section
(3) Amend paragraph (2)(B) to read as follows: “(B) Reviewable determinations.— The determinations which may be contested under subparagraph (A) are as follows: “(i) Final affirmative determinations by the administering authority and by the Commission under section Ante, pp. 3024, 3028, 3029. 705 or 735 of this Act, including any negative part of such a determination (other than a part referred to in clause (ii)). “(ii) A final negative determination by the administering authority or the Commission under section 705 or 735 of this Act, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product. “(iii) A final determination, other than a determination reviewable under paragraph (1), by the administer-ing authority or the Commission under section 751 of this Act. Ante, p. 3031. “(iv) A determination by the administering authority, under section 704 or 734 of this Act, to suspend an Ante, pp. 3025, 3026. antidumping duty or a countervailing duty investigation, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded. “(v) An injurious effect determination by the Commission under section 704(h) or 734(h) of this Act. “(vi) A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order.”.
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(3) · 98 Stat. 2948
Substituted · 19 U.S.C. § 1516a(a)(2)(B)(iii)
Pub. L. 98–573, § 623(a)(3), amended cl. (iii) generally and thereby substituted provisions relating to final determinations by the administering authority or the Commission for provisions relating to determinations by the Secretary, the administering authority, or the Commission
Source evidence
Code amendment note
Subsec. (a)(2)(B)(iii). Pub. L. 98–573, § 623(a)(3), amended cl. (iii) generally and thereby substituted provisions relating to final determinations by the administering authority or the Commission for provisions relating to determinations by the Secretary, the administering authority, or the Commission.
Enacted provision · exact public law section
(3) Amend paragraph (2)(B) to read as follows: “(B) Reviewable determinations.— The determinations which may be contested under subparagraph (A) are as follows: “(i) Final affirmative determinations by the administering authority and by the Commission under section Ante, pp. 3024, 3028, 3029. 705 or 735 of this Act, including any negative part of such a determination (other than a part referred to in clause (ii)). “(ii) A final negative determination by the administering authority or the Commission under section 705 or 735 of this Act, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product. “(iii) A final determination, other than a determination reviewable under paragraph (1), by the administer-ing authority or the Commission under section 751 of this Act. Ante, p. 3031. “(iv) A determination by the administering authority, under section 704 or 734 of this Act, to suspend an Ante, pp. 3025, 3026. antidumping duty or a countervailing duty investigation, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded. “(v) An injurious effect determination by the Commission under section 704(h) or 734(h) of this Act. “(vi) A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order.”.
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(3) · 98 Stat. 2948
Inserted · 19 U.S.C. § 1516a(a)(2)(B)(iv)
Pub. L. 98–573, § 623(a)(3), amended cl. (iv) generally and thereby inserted provision relating to any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded
Source evidence
Code amendment note
Subsec. (a)(2)(B)(iv). Pub. L. 98–573, § 623(a)(3), amended cl. (iv) generally and thereby inserted provision relating to any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded.
Enacted provision · exact public law section
(3) Amend paragraph (2)(B) to read as follows: “(B) Reviewable determinations.— The determinations which may be contested under subparagraph (A) are as follows: “(i) Final affirmative determinations by the administering authority and by the Commission under section Ante, pp. 3024, 3028, 3029. 705 or 735 of this Act, including any negative part of such a determination (other than a part referred to in clause (ii)). “(ii) A final negative determination by the administering authority or the Commission under section 705 or 735 of this Act, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product. “(iii) A final determination, other than a determination reviewable under paragraph (1), by the administer-ing authority or the Commission under section 751 of this Act. Ante, p. 3031. “(iv) A determination by the administering authority, under section 704 or 734 of this Act, to suspend an Ante, pp. 3025, 3026. antidumping duty or a countervailing duty investigation, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded. “(v) An injurious effect determination by the Commission under section 704(h) or 734(h) of this Act. “(vi) A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order.”.
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(3) · 98 Stat. 2948
Added · 19 U.S.C. § 1516a(a)(2)(B)(vi)
Pub. L. 98–573, § 623(a)(3), added cl. (vi)
Source evidence
Code amendment note
Subsec. (a)(2)(B)(vi). Pub. L. 98–573, § 623(a)(3), added cl. (vi).
Enacted provision · exact public law section
(3) Amend paragraph (2)(B) to read as follows: “(B) Reviewable determinations.— The determinations which may be contested under subparagraph (A) are as follows: “(i) Final affirmative determinations by the administering authority and by the Commission under section Ante, pp. 3024, 3028, 3029. 705 or 735 of this Act, including any negative part of such a determination (other than a part referred to in clause (ii)). “(ii) A final negative determination by the administering authority or the Commission under section 705 or 735 of this Act, including, at the option of the appellant, any part of a final affirmative determination which specifically excludes any company or product. “(iii) A final determination, other than a determination reviewable under paragraph (1), by the administer-ing authority or the Commission under section 751 of this Act. Ante, p. 3031. “(iv) A determination by the administering authority, under section 704 or 734 of this Act, to suspend an Ante, pp. 3025, 3026. antidumping duty or a countervailing duty investigation, including any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded. “(v) An injurious effect determination by the Commission under section 704(h) or 734(h) of this Act. “(vi) A determination by the administering authority as to whether a particular type of merchandise is within the class or kind of merchandise described in an existing finding of dumping or antidumping or countervailing duty order.”.
1984
Trade and Tariff Act of 1984
Pub. L. 98–573 § 623(a)(4) · 98 Stat. 2948
1. Added · 19 U.S.C. § 1516a(a)(3); 19 U.S.C. § 1516a(a)(4)
  Pub. L. 98–573, § 623(a)(4), added par. (3)
2. Redesignated · 19 U.S.C. § 1516a(a)(3); 19 U.S.C. § 1516a(a)(4)
  Pub. L. 98–573, § 623(a)(4), redesignated former par. (3) as (4)
Source evidence
Code amendment note
Subsec. (a)(3), (4). Pub. L. 98–573, § 623(a)(4), added par. (3) and redesignated former par. (3) as (4).
Enacted provision · exact public law section
(4) Redesignate paragraph (3) as paragraph (4) and after paragraph (2) insert the following: “(3) Exception.— Notwithstanding the limitation imposed by paragraph (2)(A)(ii) of this subsection, a final affirmative determination by the administering authority under section 705 or 735 of this Act may be contested by commencing an action, in Ante, pp. 3024, 3028, 3029. accordance with the provisions of paragraph (2)(A), within thirty days after the date of publication in the Federal Register of a final negative determination by the Commission under section 705 or 735 of this Act.”.
1986
Tax Reform Act of 1986
Pub. L. 99–514 title XVIII § 1888(6) · 100 Stat. 2085
Substituted · 19 U.S.C. § 1516a(a)(3)
Pub. L. 99–514 substituted “(2)(A)(i)(II)” for “(2)(A)(ii)”
Source evidence
Code amendment note
Subsec. (a)(3). Pub. L. 99–514 substituted “(2)(A)(i)(II)” for “(2)(A)(ii)”.
Enacted provision · exact public law section
(6) Section 516A(a)(3) (19 U.S.C. 1516a(a)(3)) is amended by striking out “(2)(A)(ii)” and inserting in lieu thereof “(2)(A)(i)(II)”.
1988
United States-Canada Free-Trade Agreement Implementation Act of 1988
Pub. L. 100–449 § 401(a) · 102 Stat. 1851
Added · 19 U.S.C. § 1516a(a)(5)
Pub. L. 100–449, § 401(a), temporarily added par. (5). See Effective and Termination Dates of 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 100–449, § 401(a), temporarily added par. (5). See Effective and Termination Dates of 1988 Amendment note below.
Enacted provision · exact public law section
(a) Time Limits.— Section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) is amended by adding at the end thereof the following new paragraph. “(5) Time limits in cases involving Canadian merchandise.— Notwithstanding any other provision of this subsection, in the case of a determination to which the provisions of subsection (g) apply, an action under this subsection may not be commenced, and the time limits for commencing an action under this subsection shall not begin to run, until the 31st day after— “(A) the date of publication in the Federal Register of— “(i) notice of any determination described in paragraph (1)(B) or a determination described in clause (ii) or (iii) of paragraph (2)(B), or (ii) an antidumping or countervailing duty order based upon any determination described in clause (i) of paragraph (2)(B), or “(B) the date on which the Government of Canada receives notice of a determination described in clause (vi) of paragraph (2)(B).”.
1988
United States-Canada Free-Trade Agreement Implementation Act of 1988
Pub. L. 100–449 § 401(d) · 102 Stat. 1851
Added · 19 U.S.C. § 1516a(b)(3)
Pub. L. 100–449, § 401(d), temporarily added par. (3). See Effective and Termination Dates of 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 100–449, § 401(d), temporarily added par. (3). See Effective and Termination Dates of 1988 Amendment note below.
Enacted provision · exact public law section
(d) Standards of Review.— Section 516A(b) of the Tariff Act of 1930 (19 U.S.C. 1516a(b)) is amended by adding a new paragraph (3) as follows: “(3) Effect of decisions by united states-canada binational panels.— In making a decision in any action brought under subsection (a), a court of the United States is not bound by, but may take into consideration, a final decision of a binational panel or extraordinary challenge committee convened pursuant to article 1904 of the Agreement”.
1988
United States-Canada Free-Trade Agreement Implementation Act of 1988
Pub. L. 100–449 § 401(b) · 102 Stat. 1851
Added · 19 U.S.C. § 1516a(f)(5)(7)
Pub. L. 100–449, § 401(b), temporarily added pars. (5) to (7). See Effective and Termination Dates of 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (f)(5) to (7). Pub. L. 100–449, § 401(b), temporarily added pars. (5) to (7). See Effective and Termination Dates of 1988 Amendment note below.
Enacted provision · exact public law section
(b) Definitions.— Section 516A(f) of the Tariff Act of 1930 (19 U.S.C. 1516a(f)) is amended by adding at the end thereof the following new paragraphs: “(5) Agreement.— The term ‘Agreement’ means the United States-Canada Free-Trade Agreement. “(6) United states secretary.— The term ‘United States Secretary’ means the secretary provided for in paragraph 4 of article 1909 of the Agreement. “(7) Canadian secretary.— The term ‘Canadian Secretary’ means the secretary provided for in paragraph 5 of article 1909 of the Agreement.”.
1988
United States-Canada Free-Trade Agreement Implementation Act of 1988
Pub. L. 100–449 § 401(c) · 102 Stat. 1851
Added · 19 U.S.C. § 1516a(g)
Pub. L. 100–449, § 401(c), temporarily added subsec. (g). See Effective and Termination Dates of 1988 Amendment note below
Source evidence
Code amendment note
Subsec. (g). Pub. L. 100–449, § 401(c), temporarily added subsec. (g). See Effective and Termination Dates of 1988 Amendment note below.
Enacted provision · exact public law section
(c) Review Regarding Canadian Merchandise.— Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended by adding at the end thereof the following new subsection: “(g) Review of Countervailing Duty and Antidumping Duty Determinations Involving Canadian Merchandise.— “(1) Definition of determination.— For purposes of this subsection, the term ‘determination’ means a determination described in— “(A) paragraph (1)(B) of subsection (a), or “(B) clause (i), (ii), (iii), or (vi) of paragraph (2)(B) of subsection (a), if made in connection with a proceeding regarding a class or kind of Canadian merchandise, as determined by the administering authority. “(2) Exclusive review of determination by binational panels.— If binational panel review of a determination is requested pursuant to article 1904 of the Agreement, then, except as provided in paragraphs (3) and (4)— “(A) the determination is not reviewable under subsection (a), and “(B) no court of the United States has power or jurisdiction to review the determination on any question of law or fact by an action in the nature of mandamus or otherwise. “(3) Exception to exclusive binational panel review.— “(A) In general.— A determination is reviewable under subsection (a) if the determination sought to be reviewed is— “(i) a determination as to which neither the United States nor Canada requested review by a binational panel pursuant to article 1904 of the Agreement, “(ii) a revised determination issued as a direct result of judicial review, commenced pursuant to subsection (a), if neither the United States nor Canada requested review of the original determination, or “(iii) a determination issued as a direct result of judicial review that was commenced pursuant to subsection (a) prior to the entry into force of the Agreement. “(B) Special rule.— A determination described in subparagraph (A)(i) is reviewable under subsection (a) only if the party seeking to commence review has provided timely notice of its intent to commence such review to the United States Secretary, the Canadian Secretary, all interested parties who were parties to the proceeding in connection with which the matter arises, and the administering authority or the Commission, as appropriate. Such notice is provided timely if the notice is delivered by no later than the date that is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) that is applicable to such determination. Such notice shall contain Regulations. such information, and be in such form, manner, and style, as the administering authority, in consultation with the Commission, shall prescribe by regulations. “(4) Exception to exclusive binational panel review for constitutional issues.— “(A) Constitutionality of binational panel review system.— An action for declaratory judgment or injunctive relief, or both, regarding a determination on the grounds that any provision of, or amendment made by, the United States-Canada Free-Trade Implementation Agreement Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement violates the Constitution may be brought in the United States Court of Appeals for the District of Columbia Circuit. Any action brought under this subparagraph shall be heard and determined by a 3-judge court in accordance with section 2284 of title 28, United States Code. “(B) Other constitutional review.— Review is available Courts, U.S. under subsection (a) with respect to a determination solely concerning a constitutional issue (other than an issue to which subparagraph (A) applies) arising under any law of the United States as enacted or applied. An action for review under this subparagraph shall be assigned to a 3-judge panel of the United States Court of International Trade. (C) Commencement of review.— Notwithstanding the time limits in subsection (a), within 30 days after the date of publication in the Federal Register of notice that binational panel review has been completed, an interested party who is a party to the proceeding in connection with which the matter arises may commence an action under subparagraph (A) or (B) by filing an action in accordance with the rules of the court. “(D) Transfer of actions to appropriate court.— Whenever an action is filed in a court under subparagraph (A) or (B) and that court finds that the action should have been filed in the other court, the court in which the action was filed shall transfer the action to the other court and the action shall proceed as if it had been filed in the. court to which it is transferred on the date upon which it was actually filed in the court from which it is transferred. “(E) Frivolous claims.— Frivolous claims brought under subparagraph (A) or (B) are subject to dismissal and sanctions as provided under section 1927 of title 28, United States Code, and the Federal Rules of Civil Procedure. “(F) Security.— “(i) Subparagraph (a) actions.— The security requirements of rule 65(c) of the Federal Rules of Civil Procedure apply with respect to actions commenced under subparagraph (A). “(ii) Subparagraph (b) actions.— No claim shall be heard, and no temporary restraining order or temporary or permanent injunction shall be issued, under an action commenced under subparagraph (B), unless the party seeking review first files an undertaking with adequate security in an amount to be fixed by the court sufficient to recompense parties affected for any loss, expense, or damage caused by the improvident or erroneous issuance of such order or injunction. If a court upholds the constitutionality of the determination in question in such action, the court shall award to a prevailing party fees and expenses, in addition to any costs incurred by that party, unless the court finds that the position of the other party was substantially justified or that special circumstances make an award unjust. “(G) Panel record.— The record of proceedings before the binational panel shall not be considered part of the record for review pursuant to subparagraph (A) or (B). “(H) Appeal to supreme court of court orders issued in subparagraph (A) actions.— Notwithstanding any other provision of law, any final judgment of the United States Court of Appeals for the District of Columbia Circuit which is issued pursuant to an action brought under subparagraph (A) shall be reviewable by appeal directly to the Supreme Court of the United States. Any such appeal shall be taken by a notice of appeal filed within 10 days after such order is entered; and the jurisdictional statement shall be filed within 30 days after such order is entered. No stay of Em order issued pursuant to an action brought under subparagraph (A) may be issued by a single Justice of the Supreme Court. “(5) Liquidation of entries.— “(A) Application.— In the case of a determination for which binational panel review is requested pursuant to article 1904 of the Agreement, the rules provided in this paragraph shall apply, notwithstanding the provisions of subsection (c). “(B) General rule.— In the case of a determination for Federal Register, publication. which binational panel review is requested pursuant to article 1904 of the Agreement, entries of merchandise covered by such determination shall be liquidated in accordance with the determination of the administering authority or the Commission, if they are entered, or withdrawn from warehouse, for consumption on or before the date of publication in the Federal Register by the administering authority of notice of a final decision of a binational panel, or of an extraordinary challenge committee, not in harmony with that determination. Such notice of a decision shall be published within 10 days of the date of the issuance of the panel or committee decision. “(C) Suspension of liquidation.— “(i) In general.— Notwithstanding the provisions of subparagraph (B), in the case of a determination described in clause (iii) or (vi) of subsection (a)(2)(B) for which binational panel review is requested pursuant to article 1904 of the Agreement, the administering authority, upon request of an interested party who was a party to the proceeding in connection with which the matter arises and who is a participant in the binational panel review, shall order the continued suspension of liquidation of those entries of merchandise covered by the determination that are involved in the review pending the final disposition of the review. “(ii) Notice.— At the same time as the interested party makes its request to the administering authority under clause (i), that party shall serve a copy of its request on the United States Secretary, the Canadian Secretary, and all interested parties who were parties to the proceeding in connection with which the matter arises. “(iii) Application of suspension.— If the interested party requesting continued suspension of liquidation under clause (i) is a foreign manufacturer, producer, or exporter, or a United States importer, the continued suspension of liquidation shall apply only to entries of merchandise manufactured, produced, exported, or imported by that particular manufacturer, producer, exporter, or importer. If the interested party requesting the continued suspension of liquidation under clause (i) is an interested party described in subparagraph (C), (D), (E), or (F) of section 771(9), the continued suspension of liquidation shall apply only to entries which could be affected by a decision of the binational panel convened under chapter 19 of the Agreement. “(iv) Judicial review.— Any action taken by the administering authority or the United States Customs Service under this subparagraph shall not be subject to judicial review, and no court of the United States shallhave power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise. “(6) Injunctive relief.— Except for cases under paragraph (4)(B), in the case of a determination for which binational panel review is requested pursuant to article 1904 of the Agreement, the provisions of subsection (c)(2) shall not apply. “(7) Implementation of international obligations under article 1904.— “(A) In general.— If a determination is referred to a binational panel or extraordinary challenge committee under the Agreement and the panel or committee makes a decision remanding the determination to the administering authority or the Commission, the administering authority or the Commission shall, within the period specified by the panel or committee, take action not inconsistent with the decision of the panel or committee. Any action taken by the administering authority or the Commission under this paragraph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise. “(B) Application if subparagraph (a) held unconstitutional.— In the event that the provisions of subparagraph (A) are held unconstitutional under the provisions of subparagraphs (A) and (H) of paragraph (4), the provisions of this subparagraph shall take effect. In such event, the President is authorized on behalf of the United States to accept, as a whole, the decision of a binational panel or extraordinary challenge committee remanding the determination to the administering authority or the Commission within the period specified by the panel or committee. Upon acceptance by the President of such a decision, the administering authority or the Commission shall, within the period specified by the panel or committee, take action not inconsistent with such decision. Any action taken by the President, the administering authority, or the Commission under this subparagraph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise. “(8) Requests for binational panel review.— “(A) Interested party requests for binational panel review.— An interested party who was a party to the proceeding in which a determination is made may request binational panel review of such determination by filing a request with the United States Secretary by no later than the date that is 30 days after the date described in subparagraph (A) or (B) of subsection (a)(5) that is applicable to such determination. Receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 1904(4) of the Regulations. Agreement. Such request shall contain such information and be in such form, manner, and style as the administering authority, in consultation with the Commission, shall prescribe by regulations. “(B) Service of request for binational panel review.— “(i) Service by interested party.— If a request for Mail. binational panel review of a determination is filed under subparagraph (A), the party making the request shall serve a copy, by mail or personal service, on any other interested party who was a party to the proceeding in connection with which the matter arises, and on the administering authority or the Commission, as appropriate. “(ii) Service by united states secretary.— If an interested party to the proceeding requests binational panel review of a determination by filing a request with the Canadian Secretary, the United States Secretary shall serve a copy of the request by mail on any other interested party who was a party to the proceeding in connection with which the matter arises, and on the administering authority or the Commission, as appropriate. “(C) Limitation on request for binational panel review.— Absent a request by an interested party under subparagraph (A), the United States may not request binational panel review under article 1904 of the Agreement of a determination. “(9) Representation in panel proceedings.— In the case of binational panel proceedings convened under chapter 19 of the Agreement, the administering authority and the Commission shall be represented by attorneys who are employees of the administering authority or the Commission, respectively. Interested parties who were parties to the proceeding in connection with which the matter arises shall have the right to appear and be represented by counsel before the binational panel. “(10) Notification of class or kind rulings.— In the case of a determination which is described in paragraph (2)(B)(vi) of subsection (a) and which is subject to the provisions of paragraph (2), the administering authority, upon request, shall inform any interested person of the date on which the Government of Canada received notice of the determination under article 1904(4) of the Agreement.”.
1990
Customs and Trade Act of 1990
Pub. L. 101–382 § 134(a)(3)(A)(i) · 104 Stat. 629
1. Added · 19 U.S.C. § 1516a(a)(5)(A)
  Pub. L. 101–382, § 134(a)(3)(A)(i), added subpar. (A)
2. Struck · 19 U.S.C. § 1516a(a)(5)(A)
  Pub. L. 101–382, § 134(a)(3)(A)(i), struck out former subpar. (A) which read as follows: “the date of publication in the Federal Register of—
Source evidence
Code amendment note
Subsec. (a)(5)(A). Pub. L. 101–382, § 134(a)(3)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “the date of publication in the Federal Register of—
“(i) notice of any determination described in paragraph (1)(B) or a determination described in clause (ii) or (iii) of paragraph (2)(B), or “(ii) an antidumping or countervailing duty order based upon any determination described in clause (i) of paragraph (2)(B), or”.
Enacted provision · exact public law section
(i) by striking subparagraph (A) and inserting: “(A) the date of publication in the Federal Register of notice of any determination described in paragraph (1)(B) or any determination described in clause (i), (ii), or (iii) of paragraph (2)(B),”, and
1990
Customs and Trade Act of 1990
Pub. L. 101–382 § 134(a)(3)(A)(ii) · 104 Stat. 629
Added · 19 U.S.C. § 1516a(a)(5)(C)
Pub. L. 101–382, § 134(a)(3)(A)(ii), added subpar. (C)
Source evidence
Code amendment note
Subsec. (a)(5)(C). Pub. L. 101–382, § 134(a)(3)(A)(ii), added subpar. (C).
Enacted provision · exact public law section
(ii) by striking out the period at the end of subparagraph (B) and inserting “, or”, and by adding at the end thereof the following new subparagraph: “(C) the date as of which— “(i) a binational panel has dismissed the binational panel review for lack of jurisdiction, and “(ii) any interested party seeking review under paragraph (1), (2), or (3) has provided timely notice under subsection (g)(3)(B), except that if a request for an extraordinary challenge committee has been made with respect to the decision to dismiss, the date under this subparagraph shall not be earlier than the date on which such committee determines that such panel acted properly when it dismissed for lack of jurisdiction,”; and
1990
Customs and Trade Act of 1990
Pub. L. 101–382 § 134(a)(3)(B)(i) · 104 Stat. 629
Added · 19 U.S.C. § 1516a(g)(3)(A)(iv)
Pub. L. 101–382, § 134(a)(3)(B)(i), added cl. (iv)
Source evidence
Code amendment note
Subsec. (g)(3)(A)(iv). Pub. L. 101–382, § 134(a)(3)(B)(i), added cl. (iv).
Enacted provision · exact public law section
(i) by striking “or” at the end of subparagraph (A)(ii), by striking the period at the end of subparagraph (A)(iii) and inserting “, or”, and by adding at the end of subparagraph (A) the following new clause: “(iv) a determination which a binational panel has determined under paragraph (2)(A) is not reviewable by the binational panel.”, and
1990
Customs and Trade Act of 1990
Pub. L. 101–382 § 134(a)(3)(B)(ii) · 104 Stat. 629
Inserted · 19 U.S.C. § 1516a(g)(3)(B)
Pub. L. 101–382, § 134(a)(3)(B)(ii), inserted “or (iv)” after “subparagraph (A)(i)”
Source evidence
Code amendment note
Subsec. (g)(3)(B). Pub. L. 101–382, § 134(a)(3)(B)(ii), inserted “or (iv)” after “subparagraph (A)(i)”.
Enacted provision · exact public law section
(ii) by inserting “or (iv)” after “subparagraph (A)(i)” in subparagraph (B).
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(1) · 107 Stat. 2057
1. Amended · 19 U.S.C. § 1516a(a)(5)
  Pub. L. 103–182, § 411(1), amended par. (5) generally
2. Substituted · 19 U.S.C. § 1516a(a)(5)
  Pub. L. 103–182, § 411(1), substituting present provisions for provisions relating to time limits for commencing review in cases involving Canadian merchandise
Source evidence
Code amendment note
Subsec. (a)(5). Pub. L. 103–182, § 411(1), amended par. (5) generally, substituting present provisions for provisions relating to time limits for commencing review in cases involving Canadian merchandise.
Enacted provision · exact public law section
(1) Subsection (a)(5) (relating to time limits for commencing review) is amended to read as follows: “(5) Time limits in cases involving merchandise from free trade area countries.— Notwithstanding any other provision of this subsection, in the case of a determination to which the provisions of subsection (g) apply, an action under this subsection may not be commenced, and the time limits for commencing an action under this subsection shall not begin to run, until the day specified in whichever of the following subparagraphs applies: “(A) For a determination described in paragraph (1)(B) Federal Register, publication. or clause (i), (ii) or (iii) of paragraph (2)(B), the 31st day after the date on which notice of the determination is published in the Federal Register. “(B) For a determination described in clause (vi) of paragraph (2)(B), the 31st day after the date on which the government of the relevant FTA country receives notice of the determination. “(C) For a determination with respect to which binational panel review has commenced in accordance with subsection (g)(8), the day after the date as of which— “(i) the binational panel has dismissed binational panel review of the determination for lack of jurisdiction, and “(ii) any interested party seeking review of the determination under paragraph (1), (2), or (3) of this subsection has provided timely notice under subsection (g)(3)(B). If such an interested party files a summons and complaint under this subsection after dismissal by the binational panel, and if a request for an extraordinary challenge committee is made with respect to the decision by the binational panel to dismiss— “(I) judicial review under this subsection shall be stayed during consideration by the committee of the request, and “(II) the United States Court of International Trade shall dismiss the action if the committee vacates or remands the binational panel decision to dismiss. “(D) For a determination for which review by the Federal Register, publication. United States Court of International Trade is provided for— “(i) under subsection (g)(12)(B), the day after the date of publication in the Federal Register of notice that article 1904 of the NAFTA has been suspended, or “(ii) under subsection (g)(12)(D), the day after the date that notice of settlement is published in the Federal Register.”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(2) · 107 Stat. 2057
Inserted · 19 U.S.C. § 1516a(b)(3)
Pub. L. 103–182, § 411(2), inserted “NAFTA or” after “decisions by” in heading and “of the NAFTA or” after “article 1904” in text
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 103–182, § 411(2), inserted “NAFTA or” after “decisions by” in heading and “of the NAFTA or” after “article 1904” in text.
Enacted provision · exact public law section
(2) Subsection (b)(3) (relating to the standards of review) is amended— (A) by inserting “nafta or” after “decisions by” in the heading; and (B) by inserting “of the NAFTA or” after “article 1904”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(3)(A) · 107 Stat. 2057
1. Amended · 19 U.S.C. § 1516a(f)(6); 19 U.S.C. § 1516a(f)(7)
  Pub. L. 103–182, § 411(3)(A), amended pars. (6) and (7) generally
2. Substituted · 19 U.S.C. § 1516a(f)(6); 19 U.S.C. § 1516a(f)(7)
  Pub. L. 103–182, § 411(3)(A), substituting present provisions for provisions which, in par. (6) defined “United States Secretary” as the secretary provided for in paragraph 4 of article 1909 of the United States-Canada Free-Trade Agreement, and in par. (7), defined “Canadian Secretary” as the secretary provided for in paragraph 5 of article 1909 of the Agreement
Source evidence
Code amendment note
Subsec. (f)(6), (7). Pub. L. 103–182, § 411(3)(A), amended pars. (6) and (7) generally, substituting present provisions for provisions which, in par. (6) defined “United States Secretary” as the secretary provided for in paragraph 4 of article 1909 of the United States-Canada Free-Trade Agreement, and in par. (7), defined “Canadian Secretary” as the secretary provided for in paragraph 5 of article 1909 of the Agreement.
Enacted provision · exact public law section
(A) by amending paragraphs (6) and (7) to read as follows: “(6) United states secretary.— The term ‘United States Secretary’ means— “(A) the secretary for the United States Section referred to in article 1908 of the NAFTA, and “(B) the secretary of the United States Section provided for in article 1909 of the Agreement. “(7) Relevant FTA secretary.— The term ‘relevant FTA Secretary’ means the Secretary— “(A) referred to in article 1908 of the NAFTA, or “(B) provided for in paragraph 5 of article 1909 of the Agreement, of the relevant FTA country.”; and
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(3)(B) · 107 Stat. 2057
Added · 19 U.S.C. § 1516a(f)(8)(10)
Pub. L. 103–182, § 411(3)(B), added pars. (8) to (10)
Source evidence
Code amendment note
Subsec. (f)(8) to (10). Pub. L. 103–182, § 411(3)(B), added pars. (8) to (10).
Enacted provision · exact public law section
(B) by adding at the end the following new paragraphs: “(8) NAFTA.— The term ‘NAFTA’ means the North American Free Trade Agreement. “(9) Relevant fta country.— The term ‘relevant FTA country’ means the free trade area country to which an antidumping or countervailing duty proceeding pertains. “(10) Free trade area country.— The term ‘free trade area country’ means the following: “(A) Canada for such time as the NAFTA is in force with respect to, and the United States applies the NAFTA to, Canada. “(B) Mexico for such time as the NAFTA is in force with respect to, and the United States applies the NAFTA to, Mexico. “(C) Canada for such time as— “(i) it is not a free trade area country under subparagraph (A); and “(ii) the Agreement is in force with respect to, and the United States applies the Agreement to, Canada.”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(A) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1516a(g)
Pub. L. 103–182, § 411(4)(A), substituted “free trade area country merchandise” for “Canadian merchandise” in heading
Source evidence
Code amendment note
Subsec. (g). Pub. L. 103–182, § 411(4)(A), substituted “free trade area country merchandise” for “Canadian merchandise” in heading.
Enacted provision · exact public law section
(A) The subsection heading is amended by striking out “Canadian Merchandise” and inserting “Free Trade Area Country Merchandise”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(B) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1516a(g)(1)
Pub. L. 103–182, § 411(4)(B), substituted “free trade area country merchandise” for “Canadian merchandise” in concluding provisions
Source evidence
Code amendment note
Subsec. (g)(1). Pub. L. 103–182, § 411(4)(B), substituted “free trade area country merchandise” for “Canadian merchandise” in concluding provisions.
Enacted provision · exact public law section
(B) Paragraph (1) is amended by striking out “Canadian merchandise” and inserting “free trade area country merchandise”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(C) · 107 Stat. 2057
Inserted · 19 U.S.C. § 1516a(g)(2)
Pub. L. 103–182, § 411(4)(C), inserted “of the NAFTA or” after “article 1904” in introductory provisions
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 103–182, § 411(4)(C), inserted “of the NAFTA or” after “article 1904” in introductory provisions.
Enacted provision · exact public law section
(C) Paragraph (2) is amended by inserting “of the NAFTA or” after “article 1904”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(D) · 107 Stat. 2057
1. Substituted · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), substituted “nor the relevant FTA country” for “nor Canada”
2. Inserted · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), inserted “of the NAFTA or” before “of the Agreement”, in cl. (ii)
3. Substituted · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), substituted “nor the relevant FTA country” for “nor Canada”, in cl. (iii)
4. Inserted · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), inserted “of the NAFTA or” before “of the Agreement”
5. Struck · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), struck out “or” at end, in cl. (iv)
6. Struck · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), struck out “under paragraph (2)(A)” before “is not reviewable”
7. Substituted · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), substituted a comma for period at end
8. Added · 19 U.S.C. § 1516a(g)(3)(A)
  Pub. L. 103–182, § 411(4)(D), in cl. (i), added cls. (v) and (vi)
Source evidence
Code amendment note
Subsec. (g)(3)(A). Pub. L. 103–182, § 411(4)(D), in cl. (i), substituted “nor the relevant FTA country” for “nor Canada” and inserted “of the NAFTA or” before “of the Agreement”, in cl. (ii), substituted “nor the relevant FTA country” for “nor Canada”, in cl. (iii), inserted “of the NAFTA or” before “of the Agreement” and struck out “or” at end, in cl. (iv), struck out “under paragraph (2)(A)” before “is not reviewable” and substituted a comma for period at end, and added cls. (v) and (vi).
Enacted provision · exact public law section
(D) Paragraph (3)(A) is amended— (i) by striking out “nor Canada” and inserting “nor the relevant FTA country” in each of clauses (i) and (ii); (ii) by inserting “of the NAFTA or” before “of the Agreement” in each of clauses (i) and (iii); (iii) by striking out “or” at the end of clause (iii); (iv) by amending clause (iv)— (I) by striking out “under paragraph (2)(A)”; and (II) by striking out the period and inserting a comma; and (v) by adding at the end of subparagraph (A) the following: “(v) a determination as to which binational panel review has terminated pursuant to paragraph 12 of article 1905 of the NAFTA, or “(vi) a determination as to which extraordinary challenge committee review has terminated pursuant to paragraph 12 of article 1905 of the NAFTA .
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(E) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1516a(g)(3)(B)
Pub. L. 103–182, § 411(4)(E), substituted first two sentences for former sentences which read as follows: “A determination described in subparagraph (A)(i) or (iv) is reviewable under subsection (a) of this section only if the party seeking to commence review has provided timely notice of its intent to commence such review to the United States Secretary, the Canadian Secretary, all interested parties who were parties to the proceeding in connection with which the matter arises, and the administering authority or the Commission, as appropriate. Such notice is provided timely if the notice is delivered by no later than the date that is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) of this section that is applicable to such determination.”
Source evidence
Code amendment note
Subsec. (g)(3)(B). Pub. L. 103–182, § 411(4)(E), substituted first two sentences for former sentences which read as follows: “A determination described in subparagraph (A)(i) or (iv) is reviewable under subsection (a) of this section only if the party seeking to commence review has provided timely notice of its intent to commence such review to the United States Secretary, the Canadian Secretary, all interested parties who were parties to the proceeding in connection with which the matter arises, and the administering authority or the Commission, as appropriate. Such notice is provided timely if the notice is delivered by no later than the date that is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) of this section that is applicable to such determination.”
Enacted provision · exact public law section
(E) The first and second sentences of paragraph (3)(B) are amended to read as follows: “A determination described in subparagraph (A)(i) or (iv) is reviewable under subsection (a) only if the party seeking to commence review has provided timely notice of its intent to commence such review “(i) the United States Secretary and the relevant FTA Secretary; “(ii) all interested parties who were parties to the proceeding in connection with which the matter arises; and “(iii) the administering authority or the Commission, as appropriate. Such notice is timely provided if the notice is delivered no later than the date that is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) that is applicable to such determination, except that, if the time tor requesting binational panel review is suspended under paragraph (8)(A)(ii) of this subsection, any unexpired time for providing notice of intent to commence judicial review shall, during the pendency of any such suspension, also be suspended.”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(F) · 107 Stat. 2057
1. Inserted · 19 U.S.C. § 1516a(g)(4)(A)
  Pub. L. 103–182, § 411(4)(F), inserted “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or” after “or amendment made by,”, a comma before “violates”, “only” after “may be brought”, and “, which shall have jurisdiction of such action” after “Circuit”
2. Struck · 19 U.S.C. § 1516a(g)(4)(A)
  Pub. L. 103–182, § 411(4)(F), struck out at end “Any action brought under this subparagraph shall be heard and determined by a 3-judge court in accordance with section 2284 of title 28.”
Source evidence
Code amendment note
Subsec. (g)(4)(A). Pub. L. 103–182, § 411(4)(F), inserted “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or” after “or amendment made by,”, a comma before “violates”, “only” after “may be brought”, and “, which shall have jurisdiction of such action” after “Circuit” and struck out at end “Any action brought under this subparagraph shall be heard and determined by a 3-judge court in accordance with section 2284 of title 28.”
Enacted provision · exact public law section
(F) Paragraph (4)(A) is amended— (i) in the first sentence— (I) by inserting “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA or” after “or amendment made by,”; (II) by inserting a comma before “violates”; (III) by inserting “only” after “may be brought”; and (IV) by inserting “, which shall have jurisdiction of such action” after “Circuit”; and (ii) by striking the last sentence.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(G) · 107 Stat. 2057
1. Inserted · 19 U.S.C. § 1516a(g)(5)
  Pub. L. 103–182, § 411(4)(G), inserted “of the NAFTA or” after “article 1904” in subpars. (A), (B), and (C)(i)
2. Substituted · 19 U.S.C. § 1516a(g)(5)
  Pub. L. 103–182, § 411(4)(G), substituted “, the relevant FTA Secretary,” for “, the Canadian Secretary,” in subpar. (C)(ii)
3. Inserted · 19 U.S.C. § 1516a(g)(5)
  Pub. L. 103–182, § 411(4)(G), inserted “of the NAFTA or” after “chapter 19” in subpar. (C)(iii)
Source evidence
Code amendment note
Subsec. (g)(5). Pub. L. 103–182, § 411(4)(G), inserted “of the NAFTA or” after “article 1904” in subpars. (A), (B), and (C)(i), substituted “, the relevant FTA Secretary,” for “, the Canadian Secretary,” in subpar. (C)(ii), and inserted “of the NAFTA or” after “chapter 19” in subpar. (C)(iii).
Enacted provision · exact public law section
(G) Paragraph (5) is amended— (i) by inserting “of the NAFTA or” after “article 1904” in each of subparagraphs (A), (B), and (C)(i); (ii) by striking out “, the Canadian Secretary,” in subparagraph (C)(ii) and inserting “, the relevant FTA Secretary,”; and (iii) by inserting “of the NAFTA or” after “chapter 19” in subparagraph (C)(iii).
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(H) · 107 Stat. 2057
Inserted · 19 U.S.C. § 1516a(g)(6)
Pub. L. 103–182, § 411(4)(H), inserted “of the NAFTA or” after “article 1904”
Source evidence
Code amendment note
Subsec. (g)(6). Pub. L. 103–182, § 411(4)(H), inserted “of the NAFTA or” after “article 1904”.
Enacted provision · exact public law section
(H) Paragraph (6) is amended by inserting “of the NAFTA or” after “article 1904”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(I)(i) · 107 Stat. 2057
Inserted · 19 U.S.C. § 1516a(g)(7)
Pub. L. 103–182, § 411(4)(I)(i), inserted “of the NAFTA or the Agreement” in heading
Source evidence
Code amendment note
Subsec. (g)(7). Pub. L. 103–182, § 411(4)(I)(i), inserted “of the NAFTA or the Agreement” in heading.
Enacted provision · exact public law section
(i) by inserting “of the nafta or the agreement” before the period in the paragraph heading;
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(I)(ii) · 107 Stat. 2057
1. Substituted · 19 U.S.C. § 1516a(g)(7)(A)
  Pub. L. 103–182, § 411(4)(I)(ii), (iii), substituted heading for one which read “In general”
2. Inserted · 19 U.S.C. § 1516a(g)(7)(A)
  Pub. L. 103–182, § 411(4)(I)(ii), (iii), inserted “the NAFTA or” before “the Agreement”
Source evidence
Code amendment note
Subsec. (g)(7)(A). Pub. L. 103–182, § 411(4)(I)(ii), (iii), substituted heading for one which read “In general” and inserted “the NAFTA or” before “the Agreement”.
Enacted provision · exact public law section
(ii) by striking out “In general.—” in the heading to subparagraph (A) and inserting “Action upon remand.—”; and
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(J) · 107 Stat. 2057
1. Amended · 19 U.S.C. § 1516a(g)(8)(A)
  Pub. L. 103–182, § 411(4)(J), designated existing provisions as cl. (i)
2. Inserted · 19 U.S.C. § 1516a(g)(8)(A)
  Pub. L. 103–182, § 411(4)(J), inserted cl. heading, realigned margin
3. Inserted · 19 U.S.C. § 1516a(g)(8)(A)
  Pub. L. 103–182, § 411(4)(J), inserted “of the NAFTA or” after “article 1904(4)”
4. Added · 19 U.S.C. § 1516a(g)(8)(A)
  Pub. L. 103–182, § 411(4)(J), added cl. (ii)
Source evidence
Code amendment note
Subsec. (g)(8)(A). Pub. L. 103–182, § 411(4)(J), designated existing provisions as cl. (i), inserted cl. heading, realigned margin, inserted “of the NAFTA or” after “article 1904(4)”, and added cl. (ii).
Enacted provision · exact public law section
(J) Paragraph (8)(A) is amended— (i) by inserting “(i) General Rule.—” before “An interested party”; (ii) by inserting “of the NAFTA or” after “article 1904(4)”; (iii) by indenting the text so as to align it with new clause (ii) (as added by clause (iv) of this subparagraph); and (iv) by adding at the end the following new clause: “(ii) Suspension of time to request binational panel review under the nafta.— Notwithstanding clause (i), the time for requesting binational panel review shall be suspended during the pendency of any stay of binational panel review that is issued pursuant to paragraph 11(a) of article 1905 of the NAFTA.”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(K) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1516a(g)(8)(B)(ii)
Pub. L. 103–182, § 411(4)(K), substituted “relevant FTA Secretary” for “Canadian Secretary”
Source evidence
Code amendment note
Subsec. (g)(8)(B)(ii). Pub. L. 103–182, § 411(4)(K), substituted “relevant FTA Secretary” for “Canadian Secretary”.
Enacted provision · exact public law section
(K) Paragraph (8)(B)(ii) is amended by striking out “Canadian Secretary,” and inserting “relevant FTA Secretary,”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(L) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1516a(g)(8)(C)
Pub. L. 103–182, § 411(4)(L), substituted “of a determination under article 1904 of the NAFTA or the Agreement” for “under article 1904 of the Agreement of a determination”
Source evidence
Code amendment note
Subsec. (g)(8)(C). Pub. L. 103–182, § 411(4)(L), substituted “of a determination under article 1904 of the NAFTA or the Agreement” for “under article 1904 of the Agreement of a determination”.
Enacted provision · exact public law section
(L) Paragraph (8)(C) is amended by striking out “under article 1904 of the Agreement of a determination” and inserting “of a determination under article 1904 of the NAFTA or the Agreement”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(M) · 107 Stat. 2057
Inserted · 19 U.S.C. § 1516a(g)(9)
Pub. L. 103–182, § 411(4)(M), inserted “of the NAFTA or” after “chapter 19”
Source evidence
Code amendment note
Subsec. (g)(9). Pub. L. 103–182, § 411(4)(M), inserted “of the NAFTA or” after “chapter 19”.
Enacted provision · exact public law section
(M) Paragraph (9) is amended by inserting “of the NAFTA or” after “chapter 19”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(N) · 107 Stat. 2057
Substituted · 19 U.S.C. § 1516a(g)(10)
Pub. L. 103–182, § 411(4)(N), substituted “Government of the relevant FTA country received notice of the determination under paragraph 4 of article 1904 of the NAFTA or the Agreement” for “Government of Canada received notice of the determination under article 1904(4) of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(10). Pub. L. 103–182, § 411(4)(N), substituted “Government of the relevant FTA country received notice of the determination under paragraph 4 of article 1904 of the NAFTA or the Agreement” for “Government of Canada received notice of the determination under article 1904(4) of the Agreement”.
Enacted provision · exact public law section
(N) Paragraph (10) is amended by striking out “Government of Canada” and all that follows thereafter and inserting “Government of the relevant FTA country received notice of the determination under paragraph 4 of article 1904 of the NAFTA or the Agreement.”.
1993
North American Free Trade Agreement Implementation Act
Pub. L. 103–182 § 411(4)(O) · 107 Stat. 2057
Added · 19 U.S.C. § 1516a(g)(11); 19 U.S.C. § 1516a(g)(12)
Pub. L. 103–182, § 411(4)(O), added pars. (11) and (12)
Source evidence
Code amendment note
Subsec. (g)(11), (12). Pub. L. 103–182, § 411(4)(O), added pars. (11) and (12).
Enacted provision · exact public law section
(O) The following new paragraphs are added at the end: “(11) Suspension and termination of suspension of article 1904 of the nafta.— “(A) Suspension of article 1904.— If a special committee established under article 1905 of the NAFTA issues an affirmative finding, the Trade Representative may, in accordance with paragraph 8(a) or 9, as appropriate, of article 1905 of the NAFTA, suspend the operation of article 1904 of the NAFTA. “(B) Termination of suspension of article 1904.— If a special committee is reconvened and makes an affirmative determination described in paragraph 10(b) of article 1905 of the NAFTA any suspension or the operation of article 1904 of the NAFTA shall terminate. “(12) Judicial review upon termination of binational panel or committee review under the nafta.— “(A) Federal Register, publication. Notice of suspension or termination of suspension of article 1904.— “(i) Upon notification by the Trade Representative or the Government of a country described in subsection (f)(10) (A) or (B) that the operation of article 1904 of the NAFTA has been suspended in accordance with paragraph 8(a) or 9 of article 1905 of the NAFTA the United States Secretary shall publish in the Federal Register a notice of suspension of article 1904 of the NAFTA. “(ii) Upon notification by the Trade Representative or the Government of a country described in subsection (f)(10) (A) or (B) that the suspension of the operation of article 1904 of the NAFTA is terminated in accordance with paragraph 10 of article 1905 of the NAFTA, the United States Secretary shall publish in the Federal Register a notice of termination of suspension of article 1904 of the NAFTA. “(B) Transfer of final determinations for judicial review upon suspension of article 1904.—If the operation of article 1904 of the NAFTA is suspended in accordance with paragraph 8(a) or 9 of article 1905 of the NAFTA— “(i) upon the request of an authorized person described in subparagraph (C), any final determination that is the subject of a binational panel review or an extraordinary challenge committee review shall be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a); or “(ii) in a case in which— “(I) a binational panel review was completed fewer than 30 days before the suspension, and “(II) extraordinary challenge committee review has not been requested, upon the request of an authorized person described in subparagraph (C) which is made within 60 days after the completion of the binational panel review, the final determination that was the subject of the binational panel review shall be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a). “(C) Persons authorized to request transfer of final determinations for judicial review.— A request that a final determination be transferred to the Court of International Trade under subparagraph (B) may be made by— “(i) if the United States made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 8(a) of article 1905 of the NAFTA— “(I) the government of the relevant country described in subsection (f)(10) (A) or (B), “(II) an interested party that was a party to the panel or committee review, or “(III) an interested party that was a party to the proceeding in connection with which panel review was requested, but only if the time period for filing notices of appearance in the panel review has not expired, or “(ii) if a country described in subsection (f))(10) (A) or (B) made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 9 of article 1905 of the NAFTA— “(I) the government of that country, “(II) an interested party that is a person of that country and that was a party to the panel or committee review, or “(III) an interested party that is a person of that country and that was a party to the proceeding in connection with which panel review was requested, but only if the time period for filing notices of appearance in the panel review has not expired. “(D) (i) Transfer for judicial review upon settlement.— If the Trade Representative achieves a settlement with the government of a country described in subsection (0(10) (A) or (B) pursuant to paragraph 7 of article 1905 of the NAFTA, and referral for judicial review is among the terms of such settlement, any final determination that is the subject of a binational panel review or an extraordinary challenge committee review shall, upon a request described in clause (ii), be transferred to the United States Court of International Trade (in accordance with rules issued by the Court) for review under subsection (a). “(ii) A request referred to in clause (i) is a request made by— “(I) the country referred to in clause (i), “(II) an interested party that was a party to the panel or committee review, or “(III) an interested party that was a party to the proceeding in connection with which panel review was requested, but only if the time for filing notices of appearance in the panel review has not expired.”.
1994
Pub. L. 103–465 § 220(b)(1) · 108 Stat. 4809
Added · 19 U.S.C. § 1516a(a)(1)(D)
Pub. L. 103–465, § 220(b)(1), added subpar. (D)
Source evidence
Code amendment note
Subsec. (a)(1)(D). Pub. L. 103–465, § 220(b)(1), added subpar. (D).
Enacted provision · exact public law section
(1) In general.— Section 516A(a)(1) (19 U.S.C. 1516A(a)(1)) is amended by striking “or” at the end of subparagraph (B), by inserting “or” at the end of subparagraph (C), and by insert-ing immediately after subparagraph (C) the following new subparagraph: “(D) a final determination by the administering authority or the Commission under section 751(c)(3),”.
1994
Pub. L. 103–465 § 271(b)(1) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1516a(a)(2)(A)(i)(I)
Pub. L. 103–465, § 271(b)(1), substituted “(v), or (viii)” for “or (v)”
Source evidence
Code amendment note
Subsec. (a)(2)(A)(i)(I). Pub. L. 103–465, § 271(b)(1), substituted “(v), or (viii)” for “or (v)”.
Enacted provision · exact public law section
(1) in subparagraph (A)(i)(I), by striking “or (v)” and inserting “(v), or (viii)”, and
1994
Pub. L. 103–465 § 129(e)(1)(A)(i) · 108 Stat. 4809
Struck · 19 U.S.C. § 1516a(a)(2)(A)(i)(I)
Pub. L. 103–465, § 129(e)(1)(A)(i), struck out “, or” after “(B)”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–465, § 129(e)(1)(A)(i), struck out “, or” after “(B)”.
Enacted provision · exact public law section
(i) in subclause (I) by striking “(B), or” and inserting “(B)”, and
1994
Pub. L. 103–465 § 129(e)(1)(A)(ii) · 108 Stat. 4809
Added · 19 U.S.C. § 1516a(a)(2)(A)(i)(III)
Pub. L. 103–465, § 129(e)(1)(A)(ii), added subcl. (III)
Source evidence
Code amendment note
Subsec. (a)(2)(A)(i)(III). Pub. L. 103–465, § 129(e)(1)(A)(ii), added subcl. (III).
Enacted provision · exact public law section
(ii) by adding after subclause (II) the following: “(III) notice of the implementation of any determination described in clause (vii) of subparagraph (B), or”; and
1994
Pub. L. 103–465 § 270(a)(1)(N) · 108 Stat. 4809
Inserted · 19 U.S.C. § 1516a(a)(2)(B)(iv)
Pub. L. 103–465, § 270(a)(1)(N), inserted “countervailable” before “subsidy”
Source evidence
Code amendment note
Subsec. (a)(2)(B)(iv). Pub. L. 103–465, § 270(a)(1)(N), inserted “countervailable” before “subsidy”.
Enacted provision · exact public law section
(N) Section 516A(a)(2)(B)(iv) (19 U.S.C. 1516a(a)(2)(B)(iv)).
1994
Pub. L. 103–465 § 129(e)(1)(B) · 108 Stat. 4809
Added · 19 U.S.C. § 1516a(a)(2)(B)(vii)
Pub. L. 103–465, § 129(e)(1)(B), added cl. (vii)
Source evidence
Code amendment note
Subsec. (a)(2)(B)(vii). Pub. L. 103–465, § 129(e)(1)(B), added cl. (vii).
Enacted provision · exact public law section
(B) in subparagraph (B), by adding at the end the following new clause: “(vii) A determination by the administering authority or the Commission under section 129 of the Uruguay Round Agreements Act concerning a determination under title VII of the Tariff Act of 1930.”.
1994
Pub. L. 103–465 § 271(b)(2) · 108 Stat. 4809
Added · 19 U.S.C. § 1516a(a)(2)(B)(viii)
Pub. L. 103–465, § 271(b)(2), added cl. (viii)
Source evidence
Code amendment note
Subsec. (a)(2)(B)(viii). Pub. L. 103–465, § 271(b)(2), added cl. (viii).
Enacted provision · exact public law section
(2) in subparagraph (B), by adding at the end the following: “(viii) A determination by the Commission under section 753(a)(1).”.
1994
Pub. L. 103–465 § 129(e)(2) · 108 Stat. 4809
Added · 19 U.S.C. § 1516a(a)(5)(E)
Pub. L. 103–465, § 129(e)(2), added subpar. (E)
Source evidence
Code amendment note
Subsec. (a)(5)(E). Pub. L. 103–465, § 129(e)(2), added subpar. (E).
Enacted provision · exact public law section
(2) Time limits for cases involving free trade area countries.— Section 516A(a)(5) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(5)) is amended by adding at the end the following new subparagraph: “(E) For a determination described in clause (vii) of paragraph (2)(B), the 31st day after the date on which notice of the implementation of the determination is published in the Federal Register.”.
1994
Pub. L. 103–465 § 220(b)(2)(A) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1516a(b)(1)(A)
Pub. L. 103–465, § 220(b)(2)(A), substituted “under subparagraph (A), (B), or (C) of subsection (a)(1)” for “under paragraph (1) of subsection (a)”
Source evidence
Code amendment note
Subsec. (b)(1)(A). Pub. L. 103–465, § 220(b)(2)(A), substituted “under subparagraph (A), (B), or (C) of subsection (a)(1)” for “under paragraph (1) of subsection (a)”.
Enacted provision · exact public law section
(A) in subparagraph (A), by striking “under paragraph (1) of subsection (a)” and inserting “under subparagraph (A), (B), or (C) of subsection (a)(1)”, and
1994
Pub. L. 103–465 § 220(b)(2)(B) · 108 Stat. 4809
1. Amended · 19 U.S.C. § 1516a(b)(1)(B)
  Pub. L. 103–465, § 220(b)(2)(B), designated existing provisions as cl. (i)
2. Substituted · 19 U.S.C. § 1516a(b)(1)(B)
  Pub. L. 103–465, § 220(b)(2)(B), substituted “, or” for period at end
3. Added · 19 U.S.C. § 1516a(b)(1)(B)
  Pub. L. 103–465, § 220(b)(2)(B), added cl. (ii)
Source evidence
Code amendment note
Subsec. (b)(1)(B). Pub. L. 103–465, § 220(b)(2)(B), designated existing provisions as cl. (i), substituted “, or” for period at end, and added cl. (ii).
Enacted provision · exact public law section
(B) in subparagraph (B)— (i) by striking “(B) in an action” and inserting “(B)(i) in an action”, (ii) by striking the end period and inserting or”, and (iii) by adding at the end the following: “(ii) in an action brought under paragraph (1)(D) of subsection (a), to be arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.”.
1994
Pub. L. 103–465 § 129(e)(3) · 108 Stat. 4809
Substituted · 19 U.S.C. § 1516a(g)(8)(A)(i)
Pub. L. 103–465, § 129(e)(3), substituted “(A), (B), or (E)” for “(A) or (B)”
Source evidence
Code amendment note
Subsec. (g)(8)(A)(i). Pub. L. 103–465, § 129(e)(3), substituted “(A), (B), or (E)” for “(A) or (B)”.
Enacted provision · exact public law section
(3) Review of cases involving free trade area country merchandise.— Section 516A(g)(8)(A)(i) of the Tariff Act of 1930 (19 U.S.C. 1516a(g)(8)(A)(i)) is amended by striking “subparagraph (A) or (B)” and inserting “subparagraph (A), (B), or (E)”.
1996
Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 20(a)(1) · 110 Stat. 3514
Inserted · 19 U.S.C. § 1516a(a)(2)(A)(i)(I)
Pub. L. 104–295, § 20(a)(1), inserted comma after “subparagraph (B)”
Source evidence
Code amendment note
Subsec. (a)(2)(A)(i)(I). Pub. L. 104–295, § 20(a)(1), inserted comma after “subparagraph (B)”.
Enacted provision · exact public law section
(1) Section 516A(a)(2)(A)(i)(I) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)(2)(A)(i)(I)) is amended by adding a comma after “subparagraph (B)”.
1996
Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 22 · 110 Stat. 3514
Substituted · 19 U.S.C. § 1516a(g)(4)(A)
Pub. L. 104–295, § 22, substituted “Agreement Implementation Act of 1988” for “Implementation Agreement Act of 1988”
Source evidence
Code amendment note
Subsec. (g)(4)(A). Pub. L. 104–295, § 22, substituted “Agreement Implementation Act of 1988” for “Implementation Agreement Act of 1988”.
Enacted provision · exact public law section
SEC. 22. TECHNICAL AMENDMENT REGARDING JUDICIAL REVIEW. Section 516A(g)(4)(A) of the Tariff Act of 1930 (19 U.S.C. 1516a(g)(4)(A)) is amended by striking “Implementation Agreement Act of 1988” and inserting “Agreement Implementation Act of 1988”.
1996
Miscellaneous Trade and Technical Corrections Act of 1996
Pub. L. 104–295 § 21(c)(3) · 110 Stat. 3514
Amended · 19 U.S.C. § 1516a(g)(12)(D)
Pub. L. 104–295, § 21(c)(3), transferred designation “(i)” from heading to before sentence beginning “If the Trade Representative”
Source evidence
Code amendment note
Subsec. (g)(12)(D). Pub. L. 104–295, § 21(c)(3), transferred designation “(i)” from heading to before sentence beginning “If the Trade Representative”.
Enacted provision · exact public law section
(3) Section 516A(g)(12)(D) of the Tariff Act of 1930 (19 U.S.C. 1516a(g)(12)(D)) is amended— (A) by striking “(D)(i)” and inserting “(D)”; and (B) by striking “If the Trade Representative” and inserting “(i) If the Trade Representative”.
2006
Tax Relief and Health Care Act of 2006
Pub. L. 109–432 div. D title III § 3002 · 120 Stat. 2922
Substituted · 19 U.S.C. § 1516a(g)(1)(B)
Pub. L. 109–432 substituted “(vi), or (vii)” for “or (vi)”
Source evidence
Code amendment note
Subsec. (g)(1)(B). Pub. L. 109–432 substituted “(vi), or (vii)” for “or (vi)”.
Enacted provision · exact public law section
SEC. 3002. TECHNICAL CORRECTION TO THE TARIFF ACT OF 1930. Section 516A(g)(1)(B) of the Tariff Act of 1930 (19 U.S.C. 151a(g)(1)(B)) 19 USC 1516a. is amended by striking “or (vi)” and inserting “(vi), or (vii)”.
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(1)(A) · 134 Stat. 11
Changed · 19 U.S.C. § 1516a(a)(2)(B)(vii)
Pub. L. 116–113, § 421(1)(A), made technical amendment to reference in original Act which appears in text as reference to subtitle IV of this chapter
Source evidence
Code amendment note
Subsec. (a)(2)(B)(vii). Pub. L. 116–113, § 421(1)(A), made technical amendment to reference in original Act which appears in text as reference to subtitle IV of this chapter.
Enacted provision · exact public law section
(A) in paragraph (2)(B)(vii), by striking “the Tariff Act of 1930” and inserting “this Act”; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(1)(B) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(a)(5)(D)(i)
Pub. L. 116–113, § 421(1)(B), substituted “article 10.12 of the USMCA” for “article 1904 of the NAFTA”
Source evidence
Code amendment note
Subsec. (a)(5)(D)(i). Pub. L. 116–113, § 421(1)(B), substituted “article 10.12 of the USMCA” for “article 1904 of the NAFTA”.
Enacted provision · exact public law section
(B) in paragraph (5)(D)(i), by striking “article 1904 of the NAFTA” and inserting “article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(2) · 134 Stat. 11
1. Substituted · 19 U.S.C. § 1516a(b)(3)
  Pub. L. 116–113, § 421(2), substituted “United States-Canada or USMCA” for “NAFTA or United States-Canada” in text
2. Substituted · 19 U.S.C. § 1516a(b)(3)
  Pub. L. 116–113, § 421(2), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in text
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 116–113, § 421(2), substituted “United States-Canada or USMCA” for “NAFTA or United States-Canada” in heading and “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in text.
Enacted provision · exact public law section
(2) in subsection (b)(3)— (A) in the paragraph heading, by striking “nafta or united states-canada” and inserting “united states-canada or usmca”; and (B) in the text, by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(3)(A) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(f)(6)(A)
Pub. L. 116–113, § 421(3)(A), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”
Source evidence
Code amendment note
Subsec. (f)(6)(A). Pub. L. 116–113, § 421(3)(A), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”.
Enacted provision · exact public law section
(A) in paragraph (6)(A), by striking “article 1908 of the NAFTA” and inserting “article 10.16 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(3)(B) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(f)(7)(A)
Pub. L. 116–113, § 421(3)(B), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”
Source evidence
Code amendment note
Subsec. (f)(7)(A). Pub. L. 116–113, § 421(3)(B), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”.
Enacted provision · exact public law section
(B) in paragraph (7)(A), by striking “article 1908 of the NAFTA” and inserting “article 10.16 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(3)(C) · 134 Stat. 11
1. Redesignated · 19 U.S.C. § 1516a(f)(8)
  Pub. L. 116–113, § 421(3)(C), (D), redesignated par. (9) as (8)
2. Struck · 19 U.S.C. § 1516a(f)(8)
  Pub. L. 116–113, § 421(3)(C), (D), struck out former par. (8) which defined “NAFTA” as the North American Free Trade Agreement
Source evidence
Code amendment note
Subsec. (f)(8). Pub. L. 116–113, § 421(3)(C), (D), redesignated par. (9) as (8) and struck out former par. (8) which defined “NAFTA” as the North American Free Trade Agreement.
Enacted provision · exact public law section
(C) by striking paragraph (8);
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(3)(D) · 134 Stat. 11
1. Redesignated · 19 U.S.C. § 1516a(f)(9)
  Pub. L. 116–113, § 421(3)(D), (E), redesignated par. (10) as (9)
2. Added · 19 U.S.C. § 1516a(f)(9)
  Pub. L. 116–113, § 421(3)(D), (E), added subpars. (A) and (B)
3. Redesignated · 19 U.S.C. § 1516a(f)(9)
  Pub. L. 116–113, § 421(3)(D), (E), struck out former subpars. (A) and (B) which defined “free trade area country” as Canada and Mexico for such time as the NAFTA was in force with respect to, and the United States applied the NAFTA to, those countries. Former par. (9) redesignated (8)
Source evidence
Code amendment note
Subsec. (f)(9). Pub. L. 116–113, § 421(3)(D), (E), redesignated par. (10) as (9), added subpars. (A) and (B), and struck out former subpars. (A) and (B) which defined “free trade area country” as Canada and Mexico for such time as the NAFTA was in force with respect to, and the United States applied the NAFTA to, those countries. Former par. (9) redesignated (8).
Enacted provision · exact public law section
(D) by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(3)(F) · 134 Stat. 11
Redesignated · 19 U.S.C. § 1516a(f)(10)
Pub. L. 116–113, § 421(3)(F), added par. (10). Former par. (10) redesignated (9)
Source evidence
Code amendment note
Subsec. (f)(10). Pub. L. 116–113, § 421(3)(F), added par. (10). Former par. (10) redesignated (9).
Enacted provision · exact public law section
(F) by adding at the end the following: “(10) USMCA.— The term ‘USMCA’ has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act.” ;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(A) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(2)
Pub. L. 116–113, § 421(4)(A), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in introductory provisions
Source evidence
Code amendment note
Subsec. (g)(2). Pub. L. 116–113, § 421(4)(A), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in introductory provisions.
Enacted provision · exact public law section
(A) in paragraph (2), in the matter preceding subparagraph (A), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(B)(i) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(3)(A)(i)
Pub. L. 116–113, § 421(4)(B)(i), which directed substitution of “of the Agreement or article 10.12 of the USMCA;” for “of the NAFTA or of the Agreement.”, was executed by making the substitution for “of the NAFTA or of the Agreement,” to reflect the probable intent of Congress
Source evidence
Code amendment note
Subsec. (g)(3)(A)(i). Pub. L. 116–113, § 421(4)(B)(i), which directed substitution of “of the Agreement or article 10.12 of the USMCA;” for “of the NAFTA or of the Agreement.”, was executed by making the substitution for “of the NAFTA or of the Agreement,” to reflect the probable intent of Congress.
Enacted provision · exact public law section
(i) in clause (i), by striking “of the NAFTA or of the Agreement.” and inserting “of the Agreement or article 10.12 of the USMCA;”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(B)(ii) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(3)(A)(iii)
Pub. L. 116–113, § 421(4)(B)(ii), substituted “the Agreement or the USMCA” for “the NAFTA or of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(3)(A)(iii). Pub. L. 116–113, § 421(4)(B)(ii), substituted “the Agreement or the USMCA” for “the NAFTA or of the Agreement”.
Enacted provision · exact public law section
(ii) in clause (iii), by striking “the NAFTA or of the Agreement” and inserting “the Agreement or the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(B)(iii) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(3)(A)(v)
Pub. L. 116–113, § 421(4)(B)(iii), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”
Source evidence
Code amendment note
Subsec. (g)(3)(A)(v). Pub. L. 116–113, § 421(4)(B)(iii), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”.
Enacted provision · exact public law section
(iii) in clause (v), by striking “paragraph 12 of article 1905 of the NAFTA” and inserting “article 10.13 of the USMCA”; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(B)(iv) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(3)(A)(vi)
Pub. L. 116–113, § 421(4)(B)(iv), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”
Source evidence
Code amendment note
Subsec. (g)(3)(A)(vi). Pub. L. 116–113, § 421(4)(B)(iv), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”.
Enacted provision · exact public law section
(iv) in clause (vi), by striking “paragraph 12 of article 1905 of the NAFTA” and inserting “article 10.13 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(C) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(4)(A)
Pub. L. 116–113, § 421(4)(C), substituted “the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement, or the United States-Mexico-Canada Agreement Implementation Act implementing the binational panel dispute settlement system under chapter 10 of the USMCA” for “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(4)(A). Pub. L. 116–113, § 421(4)(C), substituted “the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement, or the United States-Mexico-Canada Agreement Implementation Act implementing the binational panel dispute settlement system under chapter 10 of the USMCA” for “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement”.
Enacted provision · exact public law section
(C) in paragraph (4)(A), by striking “the North American Free Trade Agreement” and all that follows through “chapter 19 of the Agreement” and inserting “the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement, or the United States-Mexico-Canada Agreement Implementation Act implementing the binational panel dispute settlement system under chapter 10 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(D)(i) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(5)(A)(C)(i)
Pub. L. 116–113, § 421(4)(D)(i)–(iii)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(5)(A) to (C)(i). Pub. L. 116–113, § 421(4)(D)(i)–(iii)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.
Enacted provision · exact public law section
(i) in subparagraph (A), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(D)(iii)(II) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(5)(C)(iii)
Pub. L. 116–113, § 421(4)(D)(iii)(II), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(5)(C)(iii). Pub. L. 116–113, § 421(4)(D)(iii)(II), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”.
Enacted provision · exact public law section
(II) in clause (iii), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or chapter 10 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(E) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(6)
Pub. L. 116–113, § 421(4)(E), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(6). Pub. L. 116–113, § 421(4)(E), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.
Enacted provision · exact public law section
(E) in paragraph (6), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(F) · 134 Stat. 11
1. Substituted · 19 U.S.C. § 1516a(g)(7)
  Pub. L. 116–113, § 421(4)(F), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement” in subpar. (A)
2. Substituted · 19 U.S.C. § 1516a(g)(7)
  Pub. L. 116–113, § 421(4)(F), substituted “article 1904 of the Agreement or article 10.12 of the USMCA” for “the NAFTA or the Agreement” in subpar. (A)
Source evidence
Code amendment note
Subsec. (g)(7). Pub. L. 116–113, § 421(4)(F), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement” in heading and “article 1904 of the Agreement or article 10.12 of the USMCA” for “the NAFTA or the Agreement” in subpar. (A).
Enacted provision · exact public law section
(F) in paragraph (7)— (i) in the paragraph heading, by striking “of the nafta or the agreement” and inserting “of the agreement or article 10.12 of the usmca”; and (ii) in subparagraph (A), by striking “the NAFTA or the Agreement” and inserting “article 1904 of the Agreement or article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(G)(i)(I) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(8)(A)(i)
Pub. L. 116–113, § 421(4)(G)(i)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(8)(A)(i). Pub. L. 116–113, § 421(4)(G)(i)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.
Enacted provision · exact public law section
(I) in clause (i), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(G)(i)(II) · 134 Stat. 11
1. Substituted · 19 U.S.C. § 1516a(g)(8)(A)(ii)
  Pub. L. 116–113, § 421(4)(G)(i)(II), substituted “USMCA” for “NAFTA” in text
2. Substituted · 19 U.S.C. § 1516a(g)(8)(A)(ii)
  Pub. L. 116–113, § 421(4)(G)(i)(II), substituted “article 10.13 of the USMCA” for “paragraph 11(a) of article 1905 of the NAFTA” in text
Source evidence
Code amendment note
Subsec. (g)(8)(A)(ii). Pub. L. 116–113, § 421(4)(G)(i)(II), substituted “USMCA” for “NAFTA” in heading and “article 10.13 of the USMCA” for “paragraph 11(a) of article 1905 of the NAFTA” in text.
Enacted provision · exact public law section
(II) in clause (ii)— (aa) in the clause heading, by striking “nafta” and inserting “usmca”; and (bb) in the text, by striking “paragraph 11(a) of article 1905 of the NAFTA” and inserting “article 10.13 of the USMCA”; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(G)(ii) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(8)(C)
Pub. L. 116–113, § 421(4)(G)(ii), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement”
Source evidence
Code amendment note
Subsec. (g)(8)(C). Pub. L. 116–113, § 421(4)(G)(ii), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement”.
Enacted provision · exact public law section
(ii) in subparagraph (C), by striking “of the NAFTA or the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(H) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(9)
Pub. L. 116–113, § 421(4)(H), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”
Source evidence
Code amendment note
Subsec. (g)(9). Pub. L. 116–113, § 421(4)(H), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”.
Enacted provision · exact public law section
(H) in paragraph (9), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or chapter 10 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(I) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(10)
Pub. L. 116–113, § 421(4)(I), substituted “the Agreement or under article 10.12 of the USMCA” for “the NAFTA or the Agreement”
Source evidence
Code amendment note
Subsec. (g)(10). Pub. L. 116–113, § 421(4)(I), substituted “the Agreement or under article 10.12 of the USMCA” for “the NAFTA or the Agreement”.
Enacted provision · exact public law section
(I) in paragraph (10), by striking “the NAFTA or the Agreement” and inserting “the Agreement or under article 10.12 of the USMCA”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(J) · 134 Stat. 11
1. Added · 19 U.S.C. § 1516a(g)(11)
  Pub. L. 116–113, § 421(4)(J), added par. (11)
2. Struck · 19 U.S.C. § 1516a(g)(11)
  Pub. L. 116–113, § 421(4)(J), struck out former par. (11) which related to suspension and termination of suspension of article 1904 of the NAFTA
Source evidence
Code amendment note
Subsec. (g)(11). Pub. L. 116–113, § 421(4)(J), added par. (11) and struck out former par. (11) which related to suspension and termination of suspension of article 1904 of the NAFTA.
Enacted provision · exact public law section
(J) by striking paragraph (11) and inserting the following: “(11) Suspension and termination of suspension of article 10.12 of the usmca.— “(A) Suspension.— If a special committee established under article 10.13 of the USMCA issues an affirmative finding, the Trade Representative may, in accordance with article 10.13 of the USMCA, suspend the operation of article 10.12 of the USMCA. “(B) Termination of suspension.— If a special committee is reconvened and makes an affirmative determination described in article 10.13 of the USMCA, any suspension of the operation of article 10.12 of the USMCA shall terminate.” ; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(K)(i) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(12)
Pub. L. 116–113, § 421(4)(K)(i), substituted “USMCA” for “NAFTA” in heading
Source evidence
Code amendment note
Subsec. (g)(12). Pub. L. 116–113, § 421(4)(K)(i), substituted “USMCA” for “NAFTA” in heading.
Enacted provision · exact public law section
(i) in the paragraph heading, by striking “nafta” and inserting “usmca”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(K)(ii) · 134 Stat. 11
1. Added · 19 U.S.C. § 1516a(g)(12)(A)
  Pub. L. 116–113, § 421(4)(K)(ii), added subpar. (A)
2. Struck · 19 U.S.C. § 1516a(g)(12)(A)
  Pub. L. 116–113, § 421(4)(K)(ii), struck out former subpar. (A) which related to notice of suspension or termination of suspension of article 1904 of the NAFTA
Source evidence
Code amendment note
Subsec. (g)(12)(A). Pub. L. 116–113, § 421(4)(K)(ii), added subpar. (A) and struck out former subpar. (A) which related to notice of suspension or termination of suspension of article 1904 of the NAFTA.
Enacted provision · exact public law section
(ii) by striking subparagraph (A) and inserting the following: “(A) Notice of suspension or termination of suspension of article 10.12 of the usmca.— “(i) Notice of suspension.— Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the operation of article 10.12 of the USMCA has been suspended in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of suspension of article 10.12 of the USMCA. “(ii) Notice of termination of suspension.— Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the suspension of the operation of article 10.12 of the USMCA is terminated in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of termination of suspension of article 10.12 of the USMCA.” ;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(K)(iii) · 134 Stat. 11
1. Substituted · 19 U.S.C. § 1516a(g)(12)(B)
  Pub. L. 116–113, § 421(4)(K)(iii), substituted “article 10.12 of the USMCA” for “article 1904” in introductory provisions
2. Substituted · 19 U.S.C. § 1516a(g)(12)(B)
  Pub. L. 116–113, § 421(4)(K)(iii), substituted “If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA” for “If the operation of article 1904 of the NAFTA is suspended in accordance with paragraph 8(a) or 9 of article 1905 of the NAFTA” in introductory provisions
Source evidence
Code amendment note
Subsec. (g)(12)(B). Pub. L. 116–113, § 421(4)(K)(iii), substituted “article 10.12 of the USMCA” for “article 1904” in heading and “If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA” for “If the operation of article 1904 of the NAFTA is suspended in accordance with paragraph 8(a) or 9 of article 1905 of the NAFTA” in introductory provisions.
Enacted provision · exact public law section
(iii) in subparagraph (B)— (I) in the subparagraph heading, by striking “article 1904” and inserting “article 10.12 of the usmca”; and (II) in the matter preceding clause (i), by striking “If” and all that follows through “NAFTA—” and inserting the following: “If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA—”;
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(K)(iv)(I)(aa) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(12)(C)(i)
Pub. L. 116–113, § 421(4)(K)(iv)(I)(aa), in introductory provisions, substituted “if the United States made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA” for “if the United States made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 8(a) of article 1905 of the NAFTA”
Source evidence
Code amendment note
Subsec. (g)(12)(C)(i). Pub. L. 116–113, § 421(4)(K)(iv)(I)(aa), in introductory provisions, substituted “if the United States made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA” for “if the United States made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 8(a) of article 1905 of the NAFTA”.
Enacted provision · exact public law section
(aa) in the matter preceding subclause (I), by striking “if the United States” and all that follows through “NAFTA—” and inserting the following: “if the United States made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA—”; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(K)(iv)(I)(bb) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(12)(C)(i)(I)
Pub. L. 116–113, § 421(4)(K)(iv)(I)(bb), substituted “subparagraph (A) or (B) of subsection (f)(9)” for “subsection (f)(10)(A) or (B)”
Source evidence
Code amendment note
Subsec. (g)(12)(C)(i)(I). Pub. L. 116–113, § 421(4)(K)(iv)(I)(bb), substituted “subparagraph (A) or (B) of subsection (f)(9)” for “subsection (f)(10)(A) or (B)”.
Enacted provision · exact public law section
(bb) in subclause (I), by striking “subsection (f)(10)(A) or (B)” and inserting “subparagraph (A) or (B) of subsection (f)(9)”; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(K)(iv)(II) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(12)(C)(ii)
Pub. L. 116–113, § 421(4)(K)(iv)(II), in introductory provisions, substituted “if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA” for “if a country described in subsection (f)(10)(A) or (B) made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 9 of article 1905 of the NAFTA”
Source evidence
Code amendment note
Subsec. (g)(12)(C)(ii). Pub. L. 116–113, § 421(4)(K)(iv)(II), in introductory provisions, substituted “if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA” for “if a country described in subsection (f)(10)(A) or (B) made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 9 of article 1905 of the NAFTA”.
Enacted provision · exact public law section
(II) in clause (ii), in the matter preceding subclause (I), by striking “if a country” and all that follows through “NAFTA—” and inserting the following: “if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA—”; and
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]
2020
United States-Mexico-Canada Agreement Implementation Act
Pub. L. 116–113 § 421(4)(K)(v) · 134 Stat. 11
Substituted · 19 U.S.C. § 1516a(g)(12)(D)(i)
Pub. L. 116–113, § 421(4)(K)(v), substituted “a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA” for “a country described in subsection (f)(10)(A) or (B) pursuant to paragraph 7 of article 1905 of the NAFTA”
Source evidence
Code amendment note
Subsec. (g)(12)(D)(i). Pub. L. 116–113, § 421(4)(K)(v), substituted “a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA” for “a country described in subsection (f)(10)(A) or (B) pursuant to paragraph 7 of article 1905 of the NAFTA”.
Enacted provision · exact public law section
(v) in subparagraph (D)(i), by striking “a country described” and all that follows through “NAFTA” and inserting “a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA”.
Effective date note
Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply— [For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]

125 of 128 references resolved to an enrolled provision · 3 partial

Notes

Amendment of Section

For termination of amendment by section 501(c) of Pub. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

References in Text

Section 1303 of this title, referred to in subsec. (d), is defined in section 1677(26) of this title to mean section 1330 as in effect on the day before Jan. 1, 1995.

The North American Free Trade Agreement Implementation Act, referred to in subsec. (g)(4)(A), is Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables.

The United States-Canada Free-Trade Agreement Implementation Act of 1988, referred to in subsec. (g)(4)(A), is Pub. L. 100–449, Sept. 28, 1988, 102 Stat. 1851, which is set out as a note under section 2112 of this title. For complete classification of this Act to the Code, see Tables.

The United States-Mexico-Canada Agreement Implementation Act, referred to in subsec. (g)(4)(A), is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11. For complete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (g)(4)(E), (F), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Codification

In the original, section 1001(a) of Pub. L. 96–39 directed that this section, designated as section 516A, be added to title V of the Tariff Act of 1930, however, since a title V of the Tariff Act of 1930 has not been enacted, this section was added to title IV of the Tariff Act of 1930 to reflect the probable intent of Congress.

Amendments1980–2020 · 11 rounds

2020

Subsec. (a)(2)(B)(vii). Pub. L. 116–113, § 421(1)(A), made technical amendment to reference in original Act which appears in text as reference to subtitle IV of this chapter.

Subsec. (a)(5)(D)(i). Pub. L. 116–113, § 421(1)(B), substituted “article 10.12 of the USMCA” for “article 1904 of the NAFTA”.

Subsec. (b)(3). Pub. L. 116–113, § 421(2), substituted “United States-Canada or USMCA” for “NAFTA or United States-Canada” in heading and “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in text.

Subsec. (f)(6)(A). Pub. L. 116–113, § 421(3)(A), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”.

Subsec. (f)(7)(A). Pub. L. 116–113, § 421(3)(B), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”.

Subsec. (f)(8). Pub. L. 116–113, § 421(3)(C), (D), redesignated par. (9) as (8) and struck out former par. (8) which defined “NAFTA” as the North American Free Trade Agreement.

Subsec. (f)(9). Pub. L. 116–113, § 421(3)(D), (E), redesignated par. (10) as (9), added subpars. (A) and (B), and struck out former subpars. (A) and (B) which defined “free trade area country” as Canada and Mexico for such time as the NAFTA was in force with respect to, and the United States applied the NAFTA to, those countries. Former par. (9) redesignated (8).

Subsec. (f)(10). Pub. L. 116–113, § 421(3)(F), added par. (10). Former par. (10) redesignated (9).

Subsec. (g)(2). Pub. L. 116–113, § 421(4)(A), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in introductory provisions.

Subsec. (g)(3)(A)(i). Pub. L. 116–113, § 421(4)(B)(i), which directed substitution of “of the Agreement or article 10.12 of the USMCA;” for “of the NAFTA or of the Agreement.”, was executed by making the substitution for “of the NAFTA or of the Agreement,” to reflect the probable intent of Congress.

Subsec. (g)(3)(A)(iii). Pub. L. 116–113, § 421(4)(B)(ii), substituted “the Agreement or the USMCA” for “the NAFTA or of the Agreement”.

Subsec. (g)(3)(A)(v). Pub. L. 116–113, § 421(4)(B)(iii), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”.

Subsec. (g)(3)(A)(vi). Pub. L. 116–113, § 421(4)(B)(iv), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”.

Subsec. (g)(4)(A). Pub. L. 116–113, § 421(4)(C), substituted “the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement, or the United States-Mexico-Canada Agreement Implementation Act implementing the binational panel dispute settlement system under chapter 10 of the USMCA” for “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement”.

Subsec. (g)(5)(A) to (C)(i). Pub. L. 116–113, § 421(4)(D)(i)–(iii)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(5)(C)(iii). Pub. L. 116–113, § 421(4)(D)(iii)(II), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(6). Pub. L. 116–113, § 421(4)(E), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(7). Pub. L. 116–113, § 421(4)(F), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement” in heading and “article 1904 of the Agreement or article 10.12 of the USMCA” for “the NAFTA or the Agreement” in subpar. (A).

Subsec. (g)(8)(A)(i). Pub. L. 116–113, § 421(4)(G)(i)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(8)(A)(ii). Pub. L. 116–113, § 421(4)(G)(i)(II), substituted “USMCA” for “NAFTA” in heading and “article 10.13 of the USMCA” for “paragraph 11(a) of article 1905 of the NAFTA” in text.

Subsec. (g)(8)(C). Pub. L. 116–113, § 421(4)(G)(ii), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement”.

Subsec. (g)(9). Pub. L. 116–113, § 421(4)(H), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(10). Pub. L. 116–113, § 421(4)(I), substituted “the Agreement or under article 10.12 of the USMCA” for “the NAFTA or the Agreement”.

Subsec. (g)(11). Pub. L. 116–113, § 421(4)(J), added par. (11) and struck out former par. (11) which related to suspension and termination of suspension of article 1904 of the NAFTA.

Subsec. (g)(12). Pub. L. 116–113, § 421(4)(K)(i), substituted “USMCA” for “NAFTA” in heading.

Subsec. (g)(12)(A). Pub. L. 116–113, § 421(4)(K)(ii), added subpar. (A) and struck out former subpar. (A) which related to notice of suspension or termination of suspension of article 1904 of the NAFTA.

Subsec. (g)(12)(B). Pub. L. 116–113, § 421(4)(K)(iii), substituted “article 10.12 of the USMCA” for “article 1904” in heading and “If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA” for “If the operation of article 1904 of the NAFTA is suspended in accordance with paragraph 8(a) or 9 of article 1905 of the NAFTA” in introductory provisions.

Subsec. (g)(12)(C)(i). Pub. L. 116–113, § 421(4)(K)(iv)(I)(aa), in introductory provisions, substituted “if the United States made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA” for “if the United States made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 8(a) of article 1905 of the NAFTA”.

Subsec. (g)(12)(C)(i)(I). Pub. L. 116–113, § 421(4)(K)(iv)(I)(bb), substituted “subparagraph (A) or (B) of subsection (f)(9)” for “subsection (f)(10)(A) or (B)”.

Subsec. (g)(12)(C)(ii). Pub. L. 116–113, § 421(4)(K)(iv)(II), in introductory provisions, substituted “if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA” for “if a country described in subsection (f)(10)(A) or (B) made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 9 of article 1905 of the NAFTA”.

Subsec. (g)(12)(D)(i). Pub. L. 116–113, § 421(4)(K)(v), substituted “a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA” for “a country described in subsection (f)(10)(A) or (B) pursuant to paragraph 7 of article 1905 of the NAFTA”.

2006

Subsec. (g)(1)(B). Pub. L. 109–432 substituted “(vi), or (vii)” for “or (vi)”.

1996

Subsec. (a)(2)(A)(i)(I). Pub. L. 104–295, § 20(a)(1), inserted comma after “subparagraph (B)”.

Subsec. (g)(4)(A). Pub. L. 104–295, § 22, substituted “Agreement Implementation Act of 1988” for “Implementation Agreement Act of 1988”.

Subsec. (g)(12)(D). Pub. L. 104–295, § 21(c)(3), transferred designation “(i)” from heading to before sentence beginning “If the Trade Representative”.

1994

Subsec. (a)(1)(D). Pub. L. 103–465, § 220(b)(1), added subpar. (D).

Subsec. (a)(2)(A)(i)(I). Pub. L. 103–465, § 271(b)(1), substituted “(v), or (viii)” for “or (v)”.

Pub. L. 103–465, § 129(e)(1)(A)(i), struck out “, or” after “(B)”.

Subsec. (a)(2)(A)(i)(III). Pub. L. 103–465, § 129(e)(1)(A)(ii), added subcl. (III).

Subsec. (a)(2)(B)(iv). Pub. L. 103–465, § 270(a)(1)(N), inserted “countervailable” before “subsidy”.

Subsec. (a)(2)(B)(vii). Pub. L. 103–465, § 129(e)(1)(B), added cl. (vii).

Subsec. (a)(2)(B)(viii). Pub. L. 103–465, § 271(b)(2), added cl. (viii).

Subsec. (a)(5)(E). Pub. L. 103–465, § 129(e)(2), added subpar. (E).

Subsec. (b)(1)(A). Pub. L. 103–465, § 220(b)(2)(A), substituted “under subparagraph (A), (B), or (C) of subsection (a)(1)” for “under paragraph (1) of subsection (a)”.

Subsec. (b)(1)(B). Pub. L. 103–465, § 220(b)(2)(B), designated existing provisions as cl. (i), substituted “, or” for period at end, and added cl. (ii).

Subsec. (g)(8)(A)(i). Pub. L. 103–465, § 129(e)(3), substituted “(A), (B), or (E)” for “(A) or (B)”.

1993

Subsec. (a)(5). Pub. L. 103–182, § 411(1), amended par. (5) generally, substituting present provisions for provisions relating to time limits for commencing review in cases involving Canadian merchandise.

Subsec. (b)(3). Pub. L. 103–182, § 411(2), inserted “NAFTA or” after “decisions by” in heading and “of the NAFTA or” after “article 1904” in text.

Subsec. (f)(6), (7). Pub. L. 103–182, § 411(3)(A), amended pars. (6) and (7) generally, substituting present provisions for provisions which, in par. (6) defined “United States Secretary” as the secretary provided for in paragraph 4 of article 1909 of the United States-Canada Free-Trade Agreement, and in par. (7), defined “Canadian Secretary” as the secretary provided for in paragraph 5 of article 1909 of the Agreement.

Subsec. (f)(8) to (10). Pub. L. 103–182, § 411(3)(B), added pars. (8) to (10).

Subsec. (g). Pub. L. 103–182, § 411(4)(A), substituted “free trade area country merchandise” for “Canadian merchandise” in heading.

Subsec. (g)(1). Pub. L. 103–182, § 411(4)(B), substituted “free trade area country merchandise” for “Canadian merchandise” in concluding provisions.

Subsec. (g)(2). Pub. L. 103–182, § 411(4)(C), inserted “of the NAFTA or” after “article 1904” in introductory provisions.

Subsec. (g)(3)(A). Pub. L. 103–182, § 411(4)(D), in cl. (i), substituted “nor the relevant FTA country” for “nor Canada” and inserted “of the NAFTA or” before “of the Agreement”, in cl. (ii), substituted “nor the relevant FTA country” for “nor Canada”, in cl. (iii), inserted “of the NAFTA or” before “of the Agreement” and struck out “or” at end, in cl. (iv), struck out “under paragraph (2)(A)” before “is not reviewable” and substituted a comma for period at end, and added cls. (v) and (vi).

Subsec. (g)(3)(B). Pub. L. 103–182, § 411(4)(E), substituted first two sentences for former sentences which read as follows: “A determination described in subparagraph (A)(i) or (iv) is reviewable under subsection (a) of this section only if the party seeking to commence review has provided timely notice of its intent to commence such review to the United States Secretary, the Canadian Secretary, all interested parties who were parties to the proceeding in connection with which the matter arises, and the administering authority or the Commission, as appropriate. Such notice is provided timely if the notice is delivered by no later than the date that is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) of this section that is applicable to such determination.”

Subsec. (g)(4)(A). Pub. L. 103–182, § 411(4)(F), inserted “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or” after “or amendment made by,”, a comma before “violates”, “only” after “may be brought”, and “, which shall have jurisdiction of such action” after “Circuit” and struck out at end “Any action brought under this subparagraph shall be heard and determined by a 3-judge court in accordance with section 2284 of title 28.”

Subsec. (g)(5). Pub. L. 103–182, § 411(4)(G), inserted “of the NAFTA or” after “article 1904” in subpars. (A), (B), and (C)(i), substituted “, the relevant FTA Secretary,” for “, the Canadian Secretary,” in subpar. (C)(ii), and inserted “of the NAFTA or” after “chapter 19” in subpar. (C)(iii).

Subsec. (g)(6). Pub. L. 103–182, § 411(4)(H), inserted “of the NAFTA or” after “article 1904”.

Subsec. (g)(7). Pub. L. 103–182, § 411(4)(I)(i), inserted “of the NAFTA or the Agreement” in heading.

Subsec. (g)(7)(A). Pub. L. 103–182, § 411(4)(I)(ii), (iii), substituted heading for one which read “In general” and inserted “the NAFTA or” before “the Agreement”.

Subsec. (g)(8)(A). Pub. L. 103–182, § 411(4)(J), designated existing provisions as cl. (i), inserted cl. heading, realigned margin, inserted “of the NAFTA or” after “article 1904(4)”, and added cl. (ii).

Subsec. (g)(8)(B)(ii). Pub. L. 103–182, § 411(4)(K), substituted “relevant FTA Secretary” for “Canadian Secretary”.

Subsec. (g)(8)(C). Pub. L. 103–182, § 411(4)(L), substituted “of a determination under article 1904 of the NAFTA or the Agreement” for “under article 1904 of the Agreement of a determination”.

Subsec. (g)(9). Pub. L. 103–182, § 411(4)(M), inserted “of the NAFTA or” after “chapter 19”.

Subsec. (g)(10). Pub. L. 103–182, § 411(4)(N), substituted “Government of the relevant FTA country received notice of the determination under paragraph 4 of article 1904 of the NAFTA or the Agreement” for “Government of Canada received notice of the determination under article 1904(4) of the Agreement”.

Subsec. (g)(11), (12). Pub. L. 103–182, § 411(4)(O), added pars. (11) and (12).

1990

Subsec. (a)(5)(A). Pub. L. 101–382, § 134(a)(3)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “the date of publication in the Federal Register of—

“(i) notice of any determination described in paragraph (1)(B) or a determination described in clause (ii) or (iii) of paragraph (2)(B), or

“(ii) an antidumping or countervailing duty order based upon any determination described in clause (i) of paragraph (2)(B), or”.

Subsec. (a)(5)(C). Pub. L. 101–382, § 134(a)(3)(A)(ii), added subpar. (C).

Subsec. (g)(3)(A)(iv). Pub. L. 101–382, § 134(a)(3)(B)(i), added cl. (iv).

Subsec. (g)(3)(B). Pub. L. 101–382, § 134(a)(3)(B)(ii), inserted “or (iv)” after “subparagraph (A)(i)”.

1988

Subsec. (a)(5). Pub. L. 100–449, § 401(a), temporarily added par. (5). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (b)(3). Pub. L. 100–449, § 401(d), temporarily added par. (3). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (f)(5) to (7). Pub. L. 100–449, § 401(b), temporarily added pars. (5) to (7). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (g). Pub. L. 100–449, § 401(c), temporarily added subsec. (g). See Effective and Termination Dates of 1988 Amendment note below.

1986

Subsec. (a)(3). Pub. L. 99–514 substituted “(2)(A)(i)(II)” for “(2)(A)(ii)”.

1984

Subsec. (a)(1). Pub. L. 98–573, § 623(a)(1), amended par. (1) generally, and thereby struck out the designation “(A)” before “Within 30 days”, redesignated former cls. (i) to (iii) as subpars. (A) to (C), respectively, in subpar. (A) as so redesignated struck out references to the Secretary and to section 1303(a)(3) of this title, in subpar. (B) as so redesignated struck out reference to the administering authority and to review of agreements based on changed circumstances, and struck out former subpar. (B), relating to a right of judicial review of certain determinations of the administering authority within 10 days after publication of notice of the determination in the Federal Register.

Subsec. (a)(2)(A). Pub. L. 98–573, § 623(a)(2), inserted the designation “(i)” before “the date of publication in the Federal Register of”, redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii).

Subsec. (a)(2)(B)(i). Pub. L. 98–573, § 623(a)(3), amended cl. (i) generally and thereby struck out provisions referring to final affirmative determinations by the Secretary and by the Commission under section 1303 of this title, and inserted reference to any negative part of decisions under section 1671d or 1673d of this title.

Subsec. (a)(2)(B)(ii). Pub. L. 98–573, § 623(a)(3), amended cl. (ii) generally and thereby struck out references to the Secretary and to section 1303 of this title and inserted provision relating to any part of a final affirmative determination which specifically excludes any company or product.

Subsec. (a)(2)(B)(iii). Pub. L. 98–573, § 623(a)(3), amended cl. (iii) generally and thereby substituted provisions relating to final determinations by the administering authority or the Commission for provisions relating to determinations by the Secretary, the administering authority, or the Commission.

Subsec. (a)(2)(B)(iv). Pub. L. 98–573, § 623(a)(3), amended cl. (iv) generally and thereby inserted provision relating to any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded.

Subsec. (a)(2)(B)(vi). Pub. L. 98–573, § 623(a)(3), added cl. (vi).

Subsec. (a)(3), (4). Pub. L. 98–573, § 623(a)(4), added par. (3) and redesignated former par. (3) as (4).

1982

Subsecs. (c)(1), (e). Pub. L. 97–164 substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.

1980

Subsec. (a)(1). Pub. L. 96–417, § 608(a), inserted subpar. “(A) Thirty-day review” heading; redesignated as cls. (i), (ii), and (iii) of subpar. (A) provisions formerly designated as subpars. (A), (C), and (D) of par. (1); inserted subpar. “(B) Ten-day review” heading and its introductory text; redesignated as cls. (i) and (ii) of subpar. (B) provisions formerly designated as subpars. (B) and (E) of par. (1), thus substituting ten-day for thirty-day review for such clauses; enacted provision respecting commencement of action by an interested party following subpars. (A) and (B), formerly enacted following only par. (1); and redesignated the United States Customs Court as the United States Court of International Trade in the latter provisions.

Subsec. (a)(2)(A). Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade.

Subsec. (a)(3). Pub. L. 96–542 substituted “chapter 169 of title 28” for “subsections (b), (c), and (e) of chapter 169 of title 28”.

Pub. L. 96–417, § 608(b), substituted “chapter 169 of title 28” for “section 2632 of title 28”.

Subsec. (c)(1), (2). Pub. L. 96–417, §§ 601(7), 608(c), redesignated in pars. (1) and (2) the United States Customs Court as the United States Court of International Trade and deleted from par. (2) the criteria to be considered in ruling on an injunction, namely, the party likely to prevail, irreparable harm, public interest, and greater harm.

Subsec. (d). Pub. L. 96–417, §§ 601(7), 608(d), redesignated the United States Customs Court as the United States Court of International Trade and substituted requirement for notification of “all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court” for prior notice requirement to “all interested parties of the filing of an action pursuant to this section”.

Subsec. (e). Pub. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that:

“The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], but shall not apply—
“(1)
to any final determination described in paragraph (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 determination described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before such date; or
#
“(2)
to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.”
#

[For definition of “USMCA” as used in section 432 of Pub. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.]

Effective Date of 1994 Amendment

Amendment by section 129(e) of Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as an Effective Date note under section 3531 of this title.

Amendment by sections 220(b), 270(a)(1)(N), and 271(b) of Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title.

Effective Date of 1993 Amendment

Amendment by Pub. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of this title, notice of which is published in the Federal Register before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of this title, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see section 416 of Pub. L. 103–182, formerly set out as an Effective Date note under former section 3431 of this title.

Effective and Termination Dates of 1988 Amendment

Amendment by Pub. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Pub. L. 100–449, set out in a note under section 2112 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–573 applicable with respect to civil actions pending on, or filed on or after, Oct. 30, 1984, see section 626(b)(2) of Pub. L. 98–573, set out as a note under section 1671 of this title.

Effective Date of 1982 Amendment

Amendment by Pub. L. 97–164 effective Oct. 1, 1982, see section 402 of Pub. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1980 Amendments

Pub. L. 96–542, § 3, Dec. 17, 1980, 94 Stat. 3210, provided that: “The amendments made by this Act [amending this section and provisions set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure] shall be effective as of November 1, 1980.”

Amendment by Pub. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Pub. L. 96–417, set out as a note under section 251 of title 28.

Effective Date; Transitional Rules

Pub. L. 96–39, title X, § 1002, July 26, 1979, 93 Stat. 306, provided that:

“(a)
Effective Date.—
The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall take effect on that date (hereinafter in this section referred to as the ‘effective date’) on which title VII of the Tariff Act of 1930 [subtitle IV of this chapter] (as added by title I of this Act) takes effect [Jan. 1, 1980]; and section 515(a) of such Act of 1930 [section 1515(a) of this title] (as amended by section 1001(b)(2)) shall apply with respect to any denial, in whole or in part, of a protest filed under section 514 of such Act of 1930 [section 1514 of this title] on or after the effective date.
#
“(b)
Transitional Rules.—
“(1)
Certain protests, petitions, actions, etc.—
The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall not apply with respect to—
“(A)
any protest, petition, or notice of desire to contest filed before the effective date [Jan. 1, 1980] under section 514, 516(a), or 516(d), respectively, of the Tariff Act of 1930 [section 1514, 1516(a), or 1516(d) of this title];
#
“(B)
any civil action commenced before the effective date [Jan. 1, 1980] under section 2632 of title 28 of the United States Code; or
#
“(C)
any civil action commenced after the effective date [Jan. 1, 1980] under such section 2632 if the protest, petition, or notice of desire to contest (under section 514, 516(a), or 516(d), respectively, of the Tariff Act of 1930) on which such action is based was filed before such effective date.
#
#
“(2)
Law to be applied for purposes of such actions.—
Notwithstanding the repeal of the Antidumping Act, 1921 [sections 160 to 171 of this title], by section 106(a) of this Act, and the amendment of section 303 of the Tariff Act of 1930 [section 1303 of this title] by section 103 of this Act, the law in effect on the date of any finding or determination contested in a civil action described in subparagraph (A), (B), or (C) of paragraph (1) shall be applied for purposes of that action.
#
“(3)
Certain countervailing and antidumping duty assessments.—
The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall apply with respect to the review of the assessment of, or failure to assess, any countervailing duty or antidumping duty on entries subject to a countervailing duty order or antidumping finding if the assessment is made after the effective date. If no assessment of such duty had been made before the effective date that could serve the party seeking review as the basis of a review of the underlying determination, made by the Secretary of the Treasury or the International Trade Commission before the effective date, on which such order, finding, or lack thereof is based, then the underlying determination shall be subject to review in accordance with the law in effect on the day before the effective date.
#
“(4)
Certain countervailing and antidumping duty determinations.—
With respect to any preliminary determination or final determination of the Secretary of the Treasury under section 303 of the Tariff Act of 1930 [section 1303 of this title] or the Antidumping Act, 1921 [sections 160 to 171 of this title], which is treated under section 102 of this Act [set out as a note under section 1671 of this title] as if made under section 703(b), 705(a), 733(b), or 735(a) of the Tariff Act of 1930 [section 1671b(b), 1671d(a), 1673b(b), or 1673d(a) of this title] (as added by title I of this Act) such determinations shall be subject to judicial review in the same manner and to the same extent as if made on the day before the effective date.”
#
#

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114–125, and section 802(b) of Pub. L. 114–125, set out as a note under section 211 of Title 6.

Effect of Termination of USMCA Country Status

For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Pub. L. 116–113, see section 4601 of this title.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.

Executive Documents

Acceptance by President of Panel and Committee Decisions

For acceptance by President of decisions of binational panels and extraordinary challenge committees in event that subsec. (b)(7)(B) of this section takes effect, see section 2 of Ex. Ord. No. 12889, Dec. 27, 1993, 58 F.R. 69681, set out as a note under former section 3311 of this title.

For provision that in the event that subsec. (g)(7)(B) of this section takes effect, the President accepts, as a whole, all decisions of binational panels and extraordinary challenge committees, see section 3 of Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, set out as a note under section 2112 of this title.

Credits

1930–2020 · 13 acts

1930June 17, 1930, ch. 497, title IV, § 516A, as added Pub. L. 96–39, title X, § 1001(a), July 26, 1979, 93 Stat. 300
1980amended Pub. L. 96–417, title VI, §§ 601(7), 608, Oct. 10, 1980, 94 Stat. 1744, 1745
1980Pub. L. 96–542, § 2, Dec. 17, 1980, 94 Stat. 3210
1982Pub. L. 97–164, title I, § 163(a)(2), Apr. 2, 1982, 96 Stat. 49
1984Pub. L. 98–573, title VI, § 623(a), Oct. 30, 1984, 98 Stat. 3040
1986Pub. L. 99–514, title XVIII, § 1888(6), Oct. 22, 1986, 100 Stat. 2925
1988Pub. L. 100–449, title IV, § 401, Sept. 28, 1988, 102 Stat. 1878
1990Pub. L. 101–382, title I, § 134(a)(3), Aug. 20, 1990, 104 Stat. 649
1993Pub. L. 103–182, title IV, § 411, Dec. 8, 1993, 107 Stat. 2140
1994Pub. L. 103–465, title I, § 129(e), title II, §§ 220(b), 270(a)(1)(N), 271(b), Dec. 8, 1994, 108 Stat. 4838, 4864, 4917, 4921
1996Pub. L. 104–295, §§ 20(a)(1), 21(c)(3), 22, Oct. 11, 1996, 110 Stat. 3526, 3530, 3531
2006Pub. L. 109–432, div. D, title III, § 3002, Dec. 20, 2006, 120 Stat. 3173
2020Pub. L. 116–113, title IV, § 421, Jan. 29, 2020, 134 Stat. 61.

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(June 17, 1930, ch. 497, title IV, § 516A, as added Pub. L. 96–39, title X, § 1001(a), July 26, 1979, 93 Stat. 300; amended Pub. L. 96–417, title VI, §§ 601(7), 608, Oct. 10, 1980, 94 Stat. 1744, 1745; Pub. L. 96–542, § 2, Dec. 17, 1980, 94 Stat. 3210; Pub. L. 97–164, title I, § 163(a)(2), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98–573, title VI, § 623(a), Oct. 30, 1984, 98 Stat. 3040; Pub. L. 99–514, title XVIII, § 1888(6), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 100–449, title IV, § 401, Sept. 28, 1988, 102 Stat. 1878; Pub. L. 101–382, title I, § 134(a)(3), Aug. 20, 1990, 104 Stat. 649; Pub. L. 103–182, title IV, § 411, Dec. 8, 1993, 107 Stat. 2140; Pub. L. 103–465, title I, § 129(e), title II, §§ 220(b), 270(a)(1)(N), 271(b), Dec. 8, 1994, 108 Stat. 4838, 4864, 4917, 4921; Pub. L. 104–295, §§ 20(a)(1), 21(c)(3), 22, Oct. 11, 1996, 110 Stat. 3526, 3530, 3531; Pub. L. 109–432, div. D, title III, § 3002, Dec. 20, 2006, 120 Stat. 3173; Pub. L. 116–113, title IV, § 421, Jan. 29, 2020, 134 Stat. 61.)