§1677n Antidumping Petitions by Third Countries

Summary

Allows a government of a World Trade Organization (WTO) member to ask the U.S. Trade Representative to start an investigation. The petition must say that goods from another country may be sold in the United States below fair value and that an industry in the petitioning country is being seriously harmed. The Trade Representative decides whether to start the investigation after consulting the administering authority and the Commission and getting approval from the WTO Council for Trade in Goods. If an investigation starts, the administering authority (the agency that checks if prices are unfair) must decide if the goods are sold below fair value, and the Commission (the agency that checks harm to industry) must decide if the petitioning country’s industry is hurt. The public can comment. If both find in the petitioning country’s favor, the administering authority issues an antidumping duty order and takes required follow-up actions. Final decisions can be reviewed like other antidumping rulings, and information-access rules apply as the Trade Representative specifies.