Title 19Customs DutiesRelease 119-73

§1677k Third-country dumping

Title 19 › Chapter CHAPTER 4— - TARIFF ACT OF 1930 › Subtitle SUBTITLE IV— - COUNTERVAILING AND ANTIDUMPING DUTIES › Part Part IV— - General Provisions › § 1677k

Last updated Apr 6, 2026|Official source

Summary

Lets a U.S. industry that makes products like those from another country ask the United States Trade Representative to request antidumping action in that other country when the industry believes the foreign goods are being sold at dumped prices there and that this dumping is hurting or threatening the U.S. industry. The industry must file a petition with the detailed information the Trade Representative asks for. Definitions: Agreement — the Agreement on Implementation of Article VI of the GATT 1994. GATT 1994 — meaning in section 3501(1)(B) of this title. Agreement country — a foreign country that accepted the Agreement. Trade Representative — the United States Trade Representative. If the Trade Representative finds the petition has merit, they must ask the foreign authority under Article 12 of the Agreement to take antidumping steps for the U.S., get help from Commerce and the U.S. International Trade Commission to prepare the request, seek talks with that country, and if the country refuses, quickly consult the U.S. industry about using other U.S. laws.

Full Legal Text

Title 19, §1677k

Customs Duties — Source: USLM XML via OLRC

(a)For purposes of this section:
(1)(A)The term “Agreement” means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures).
(B)The term “GATT 1994” has the meaning given that term in section 3501(1)(B) of this title.
(2)The term “Agreement country” means a foreign country that has accepted the Agreement.
(3)The term “Trade Representative” means the United States Trade Representative.
(b)(1)A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that—
(A)such merchandise is being dumped in an Agreement country; and
(B)such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping;
(2)A petition submitted under paragraph (1) shall contain such detailed information as the Trade Representative may require in support of the allegations in the petition.
(c)(1)If the Trade Representative, on the basis of the information contained in a petition submitted under paragraph (1), determines that there is a reasonable basis for the allegations in the petition, the Trade Representative shall submit to the appropriate authority of the Agreement country where the alleged dumping is occurring an application pursuant to Article 12 of the Agreement which requests that appropriate antidumping action under the law of that country be taken, on behalf of the United States, with respect to imports into that country of the merchandise concerned.
(2)At the request of the Trade Representative, the appropriate officers of the Department of Commerce and the United States International Trade Commission shall assist the Trade Representative in preparing the application under paragraph (1).
(d)After submitting an application under subsection (c)(1), the Trade Representative shall seek consultations with the appropriate authority of the Agreement country regarding the request for antidumping action.
(e)If the appropriate authority of an Agreement country refuses to undertake antidumping measures in response to a request made therefor by the Trade Representative under subsection (c), the Trade Representative shall promptly consult with the domestic industry on whether action under any other law of the United States is appropriate.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Codification Section was enacted as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of the Tariff Act of 1930 which comprises this chapter.

Amendments

1994—Subsec. (a)(1). Pub. L. 103–465 designated existing provisions as subpar. (A), substituted “GATT 1994” for “General Agreement on Tariffs and Trade”, and added subpar. (B).

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 Amendment Pub. L. 103–465, title VI, § 621(b), Dec. 8, 1994, 108 Stat. 4993, provided that: “The

Amendments

made by this section [amending this section and section 2171, 2411, 2702, 2905, 2906, 3107, 3111, and 3202 of this title] shall take effect on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995).”

Reference

Citations & Metadata

Citation

19 U.S.C. § 1677k

Title 19Customs Duties

Last Updated

Apr 6, 2026

Release point: 119-73