§1677c — Title 19 Customs Duties | U.S. Code

Summary

The administering authority and the Commission must hold a hearing during an investigation if any party asks for one before a final decision under sections 1671d or 1673d. If two investigations under part I and part II cover the same goods from the same country and start within 6 months, a Commission hearing in one case counts for both unless special circumstances need separate hearings. If a hearing is skipped this way, the Commission must allow extra written comments. Hearings must be announced in the Federal Register and a transcript must be made public. These hearings are not subject to subchapter II of chapter 5 of title 5 or to section 702 of that title.

Title 19, §1677c

Customs Duties — Source: USLM XML via OLRC

(a)(1)Except as provided in paragraph (2), the administering authority and the Commission shall each hold a hearing in the course of an investigation upon the request of any party to the investigation before making a final determination under section 1671d or 1673d of this title.

(2)If investigations are initiated under part I and part II of this subtitle regarding the same merchandise from the same country within 6 months of each other (but before a final determination is made in either investigation), the holding of a hearing by the Commission in the course of one of the investigations shall be treated as compliance with paragraph (1) for both investigations, unless the Commission considers that special circumstances require that a hearing be held in the course of each of the investigations. During any investigation regarding which the holding of a hearing is waived under this paragraph, the Commission shall allow any party to submit such additional written comment as it considers relevant.

(b)Any hearing required or permitted under this subtitle shall be conducted after notice published in the Federal Register, and a transcript of the hearing shall be prepared and made available to the public. The hearing shall not be subject to the provisions of subchapter II of chapter 5 of title 5, or to section 702 of such title.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1984—Subsec. (a). Pub. L. 98–573 designated existing provisions as par. (1), inserted “Except as provided in paragraph (2),”, and added par. (2).

Statutory Notes and Related Subsidiaries

Effective Date

of 1984 AmendmentAmendment by Pub. L. 98–573 effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as a note under section 1671 of this title.

§1677c Hearings