Title 19, Customs DutiesRelease 119-110

§1677k Third-country Dumping

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

Last updated Sep 22, 2026|Official source

Summary

Lets U.S. companies ask the U.S. Trade Representative to ask another country to use its antidumping rules. A U.S. industry that makes products like foreign goods can file a petition if it thinks those goods are being dumped in an Agreement country and the industry is being hurt or threatened. The petition must give the details the Trade Representative asks for. If the Trade Representative finds the petition has a reasonable basis, they must file an application under Article 12 of the Agreement asking the foreign authority to take antidumping action for the United States. The Departments of Commerce and the International Trade Commission must help if asked. The Trade Representative must also seek talks with the foreign authority, and if that country refuses to act, must quickly consult the U.S. industry about other U.S. options. Agreement: the antidumping agreement that implements Article VI of GATT 1994. GATT 1994: the trade term defined in another U.S. law. Agreement country: a foreign country that accepted the Agreement. Trade Representative: the United States Trade Representative.

Full Legal Text

Title 19, §1677k

Customs Duties, Source: USLM XML via OLRC

(a)Definitions
For purposes of this section: (1)
(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)Petition by domestic industry
(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;
submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on behalf of the domestic industry.
(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)Application for antidumping action on behalf of domestic industry
(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)Consultation after submission of application
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)Action upon refusal of Agreement country to act
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 19, Customs Duties

Last Updated

Sep 22, 2026

Release point: 119-110