§1677n Antidumping Petitions by Third Countries

Summary

A government of a World Trade Organization member can ask the U.S. Trade Representative to open an investigation if it thinks goods from another country are being sold in the United States at less than fair value and that those imports are hurting an industry in the asking country. The Trade Representative must talk with the administering authority and the Commission and get approval from the WTO Council for Trade in Goods before deciding whether to start the probe. The public must be allowed to comment when the Trade Representative decides and again when the two agencies make their findings. If the administering authority finds the goods are sold at less than fair value and the Commission finds the petitioning country’s industry is materially injured, the administering authority must issue an antidumping duty order under section 1673e and take the actions that section requires. For reviews under sections 1516a or 1675, those final findings are treated as final under section 1673d. Section 1677f also applies to these investigations as the Trade Representative specifies after consulting the agencies.