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

Summary

Lets a U.S. industry ask the U.S. Trade Representative to ask a foreign government to use antidumping laws when goods from that foreign country are being sold cheaply into that country. Agreement = the Agreement on Implementation of Article VI of the GATT 1994 (about antidumping). GATT 1994 = the 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. A U.S. industry can file a petition if it thinks goods are being dumped in an Agreement country and that dumping hurts or threatens the industry. The petition must give detailed facts the Trade Representative asks for. If the Trade Representative finds a reasonable basis, they must file an Article 12 request with the foreign authority asking for antidumping action on behalf of the United States. The Department of Commerce and the U.S. International Trade Commission must help if asked. The Trade Representative will then seek talks with the foreign authority. If that authority refuses to act, the Trade Representative must quickly consult the U.S. industry about using other U.S. laws.

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.

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).”

§1677k Third-country Dumping

Summary

Title 19, §1677k

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Citations & Metadata