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Title 19, Customs DutiesRelease 119-110

§1676a Required Determinations

Title 19 › CHAPTER 4 — TARIFF ACT OF 1930 › SUBTITLE IV — COUNTERVAILING AND ANTIDUMPING DUTIES › Part III — Reviews; Other Actions Regarding Agreements › subpart b — consultations and determinations regarding quantitative restriction agreements › § 1676a

Last updated Sep 22, 2026|Official source

Summary

Before an agreement that limits imports ends, the President can tell the agency in charge to check whether the goods get a subsidy that can be offset with duties and, if so, how big that subsidy is. If that check starts, the other trade agency must decide whether ending the agreement would seriously hurt or threaten a U.S. industry or slow down its start. The agencies must follow their own rules to make these findings, and those findings count as final for court review. If both agencies say yes, the agency in charge must create a countervailing duty order that applies to goods entered on or after the day the agreement ends, and must suspend final customs clearance (liquidation) of any entries entered or taken out of warehouse for consumption on or after the order’s publication. If any interested party asks, both agencies must hold a hearing under the usual rules.

Full Legal Text

Title 19, §1676a

Customs Duties, Source: USLM XML via OLRC

(a)In general
Before the expiration date, if any, of a quantitative restriction agreement accepted under section 1671c(a)(2) or 1671c(c)(3) of this title (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 countervailable subsidy is being provided with respect to the subject merchandise and, if being so provided, the net countervailable 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 section 1671d of this title for purposes of judicial review under section 1516a of this title. If the determinations by each are affirmative, the administering authority shall—
(1)issue a countervailing duty order under section 1671e of this title 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 subject merchandise 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 party, hold a hearing in accordance with section 1677c of this title on the issues involved.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(Z), 270(a)(1)(J), inserted “countervailable” before “subsidy” in two places and substituted “subject merchandise” for “merchandise subject to the agreement”. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(5)(AA), substituted “subject merchandise” for “merchandise subject to the order”.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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.

Effective Date

Section applicable with respect to investigations initiated by petition or by the administering authority under parts I and II of this subtitle, or reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as an

Effective Date

of 1984 Amendment note under section 1671 of this title.

Reference

Citations & Metadata

Citation

19 U.S.C. § 1676a

Title 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110