§1677n Antidumping petitions by third countries

Summary

A government of a WTO member can ask the Trade Representative to start an investigation if it believes goods from another country are being sold in the United States for less than a fair price and that those imports are seriously hurting an industry in the asking country. Before starting the investigation, the Trade Representative must consult the administering authority and the Commission and get approval from the WTO Council for Trade in Goods. If the investigation begins, the Trade Representative will ask the administering authority to decide whether the goods are sold below fair value and ask the Commission to decide whether the petitioner’s industry is harmed. Public comment must be allowed where appropriate. If both agencies answer yes, the administering authority must issue an antidumping duty order under section 1673e and take the actions that section requires. For review under section 1516a or section 1675, those final findings will be treated as final determinations under section 1673d. Section 1677f applies to these investigations as the Trade Representative specifies after consulting the other agencies.