§ 1676. Required consultations

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.

1. 1930

   Trade and Tariff Act of 1984

   Pub. L. 98–573 title VI § 611(a)(4) · 98 Stat. 2948

   Enacted · 19 U.S.C. § 1676

   June 17, 1930, ch. 497, title VII, § 761, as added Pub. L. 98–573, title VI, § 611(a)(4), Oct. 30, 1984, 98 Stat. 3031

   Source evidence

   Code source credit
   June 17, 1930, ch. 497, title VII, § 761, as added Pub. L. 98–573, title VI, § 611(a)(4), Oct. 30, 1984, 98 Stat. 3031

   Enacted provision · exact public law section
   (4) by adding at the end thereof the following new chapter: “CHAPTER 2— CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS “SEC. 761. REQUIRED CONSULTATIONS. “(a) Agreements in Response to Subsidies.— Within 90 days after the administering authority accepts a quantitative restriction agree-ment Ante, p. 3025. under section 704 (a)(2) or (c)(3), the President shall enter into consultations with the government that is party to the agreement for purposes of— “(1) eliminating the subsidy completely, or “(2) reducing the net subsidy to a level that eliminates completely the injurious effect of exports to the United States of the merchandise. “(b) Modification of Agreements on Basis of Consultations.— At the direction of the President, the administering authority shall modify a quantitative restriction agreement as a result of consultations entered into under subsection (a). “(c) Special Rule Regarding Agreements Under Section 704(c)(3).— This chapter shall cease to apply to a quantitative restriction agreement described in section 704(c)(3) at such time as that agreement ceases to have force and effect under section 704(f) or violation is found under section 704(i). “SEC. 762. REQUIRED DETERMINATIONS. “(a) In General.— Before the expiration date, if any, of a quantitative restriction agreement accepted under section 704(a)(2) or 704(c)(3) (if suspension of the related investigation is still in effect)— “(1) the administering authority shall, at the direction of the President, initiate a proceeding to determine whether any subsidy is being provided with respect to the merchandise subject to the agreement and, if being so provided, the net subsidy; and “(2) if the administering authority initiates a proceeding under paragraph (1), the Commission shall determine whether imports of the merchandise of the kind subject to the agreement will, upon termination of the agreement, materially injure, or threaten with material injury, an industry in the United States or materially retard the establishment of such an industry. “(b) Determinations.—The determinations required to be made by the administering authority and the Commission under subsection (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regulation prescribe, and shall be treated as final determinations made under Ante, pp. 3024, 3028, 3029. Post, p. 3040. section 705 for purposes of judicial review under section 516A. If the determinations by each are affirmative, the administering authority shall— “(1) issue a countervailing duty order under section 706 effective with respect to merchandise entered on and after the date on which the agreement terminates; and “(2) order the suspension of liquidation of all entries of merchandise subject to the order which are entered, or withdrawn from warehouse for consumption, on or after the date of publication of the order in the Federal Register. “(c) Hearings.— The determination proceedings required to be prescribed under subsection (b) shall provide that the administering authority and the Commission must, upon the request of any interested Post, p. 3037. party, hold a hearing in accordance with section 774 on the issues involved.”.

2. 1994

   Pub. L. 103–465 § 270(b)(1)(C) · 108 Stat. 4809

   Inserted · 19 U.S.C. § 1676(a)

   Pub. L. 103–465, § 270(b)(1)(C), (2), inserted “countervailable” before “subsidies” in heading

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–465, § 270(b)(1)(C), (2), inserted “countervailable” before “subsidies” in heading.

   Enacted provision · exact public law section
   (C) Section 761 (19 U.S.C. 1676).

   Effective date note
   Amendment by 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.

3. 1994

   Pub. L. 103–465 § 270(a)(1)(I) · 108 Stat. 4809

   Inserted · 19 U.S.C. § 1676(a)(1); 19 U.S.C. § 1676(a)(2)

   Pub. L. 103–465, § 270(a)(1)(I), inserted “countervailable” before “subsidy”

   Source evidence

   Code amendment note
   Subsec. (a)(1), (2). Pub. L. 103–465, § 270(a)(1)(I), inserted “countervailable” before “subsidy”.

   Enacted provision · exact public law section
   (I) Section 761 (19 U.S.C. 1676).

   Effective date note
   Amendment by 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.

3 of 3 references resolved to an enrolled provision