§3538 — Title 19 Customs Duties | U.S. Code

Summary

When a World Trade Organization panel or its Appellate Body says a U.S. trade action is not allowed under our WTO obligations, the U.S. Trade Representative may ask the International Trade Commission (the Commission) for an advisory report on whether U.S. law lets the Commission fix the problem. The Trade Representative must tell the relevant congressional committees when making that request. The Commission must send the report back within 30 calendar days if the finding was in an interim panel report, or within 21 calendar days if it was an Appellate Body report. If a majority of the Commissioners issues a favorable report, the Trade Representative will consult the congressional committees and can ask the Commission, in writing, to make a formal decision within 120 days that would make the Commission’s action match the WTO findings. The Trade Representative must consult the committees before that decision is put into effect, and may direct the agency that enforces antidumping or countervailing duty orders to revoke those orders in whole or in part if they are no longer supported. If the WTO report finds the administering authority’s action inconsistent, the Trade Representative will consult the administering authority and Congress, and may ask the administering authority to issue a fixing decision. The administering authority must do so within 180 days of a written request. The Trade Representative and committees must be consulted before any such decision is put into effect, and the Trade Representative may direct the administering authority to implement it. Any changes apply to unliquidated entries entered or withdrawn for consumption on or after the specific dates when the Trade Representative directs implementation or revocation. The administering authority or the Trade Representative will publish notices in the Federal Register, and interested parties must be allowed to submit written comments and, where appropriate, have a hearing before a decision is issued.

Title 19, §3538

Customs Duties — Source: USLM XML via OLRC

(a)(1)If a dispute settlement panel finds in an interim report under Article 15 of the Dispute Settlement Understanding, or the Appellate Body finds in a report under Article 17 of that Understanding, that an action by the International Trade Commission in connection with a particular proceeding is not in conformity with the obligations of the United States under the Antidumping Agreement, the Safeguards Agreement, or the Agreement on Subsidies and Countervailing Measures, the Trade Representative may request the Commission to issue an advisory report on whether title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] or title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], as the case may be, permits the Commission to take steps in connection with the particular proceeding that would render its action not inconsistent with the findings of the panel or the Appellate Body concerning those obligations. The Trade Representative shall notify the congressional committees of such request.

(2)The Commission shall transmit its report under paragraph (1) to the Trade Representative—

(A)in the case of an interim report described in paragraph (1), within 30 calendar days after the Trade Representative requests the report; and

(B)in the case of a report of the Appellate Body, within 21 calendar days after the Trade Representative requests the report.

(3)If a majority of the Commissioners issues an affirmative report under paragraph (1), the Trade Representative shall consult with the congressional committees concerning the matter.

(4)Notwithstanding any provision of the Tariff Act of 1930 [19 U.S.C. 1202 et seq.] or title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], if a majority of the Commissioners issues an affirmative report under paragraph (1), the Commission, upon the written request of the Trade Representative, shall issue a determination in connection with the particular proceeding that would render the Commission’s action described in paragraph (1) not inconsistent with the findings of the panel or Appellate Body. The Commission shall issue its determination not later than 120 days after the request from the Trade Representative is made.

(5)The Trade Representative shall consult with the congressional committees before the Commission’s determination under paragraph (4) is implemented.

(6)If, by virtue of the Commission’s determination under paragraph (4), an antidumping or countervailing duty order with respect to some or all of the imports that are subject to the action of the Commission described in paragraph (1) is no longer supported by an affirmative Commission determination under title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] or this subsection, the Trade Representative may, after consulting with the congressional committees under paragraph (5), direct the administering authority to revoke the antidumping or countervailing duty order in whole or in part.

(b)(1)Promptly after a report by a dispute settlement panel or the Appellate Body is issued that contains findings that an action by the administering authority in a proceeding under title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] is not in conformity with the obligations of the United States under the Antidumping Agreement or the Agreement on Subsidies and Countervailing Measures, the Trade Representative shall consult with the administering authority and the congressional committees on the matter.

(2)Notwithstanding any provision of the Tariff Act of 1930 [19 U.S.C. 1202 et seq.], the administering authority shall, within 180 days after receipt of a written request from the Trade Representative, issue a determination in connection with the particular proceeding that would render the administering authority’s action described in paragraph (1) not inconsistent with the findings of the panel or the Appellate Body.

(3)Before the administering authority implements any determination under paragraph (2), the Trade Representative shall consult with the administering authority and the congressional committees with respect to such determination.

(4)The Trade Representative may, after consulting with the administering authority and the congressional committees under paragraph (3), direct the administering authority to implement, in whole or in part, the determination made under paragraph (2).

(c)(1)Determinations concerning title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.] that are implemented under this section shall apply with respect to unliquidated entries of the subject merchandise (as defined in section 771 of that Act [19 U.S.C. 1677]) that are entered, or withdrawn from warehouse, for consumption on or after—

(A)in the case of a determination by the Commission under subsection (a)(4), the date on which the Trade Representative directs the administering authority under subsection (a)(6) to revoke an order pursuant to that determination, and

(B)in the case of a determination by the administering authority under subsection (b)(2), the date on which the Trade Representative directs the administering authority under subsection (b)(4) to implement that determination.

(2)(A)The administering authority shall publish in the Federal Register notice of the implementation of any determination made under this section with respect to title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.].

(B)The Trade Representative shall publish in the Federal Register notice of the implementation of any determination made under this section with respect to title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].

(d)Prior to issuing a determination under this section, the administering authority or the Commission, as the case may be, shall provide interested parties with an opportunity to submit written comments and, in appropriate cases, may hold a hearing, with respect to the determination.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Tariff Act of 1930, referred to in subsecs. (a)(1), (4), (6), (b)(1), (2), and (c)(1), (2)(A), is act June 17, 1930, ch. 497, 46 Stat. 590, which is classified generally to chapter 4 (§ 1202 et seq.) of this title. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables. The Trade Act of 1974, referred to in subsecs. (a)(1), (4) and (c)(2)(B), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978. Title II of the Act is classified generally to subchapter II (§ 2251 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables. Codification Section is comprised of section 129 of Pub. L. 103–465. Subsecs. (a)(7) and (e) of section 129 of Pub. L. 103–465 amended section 2254 and 1516a, respectively, of this title.

Statutory Notes and Related Subsidiaries

Effective Date

Section effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Pub. L. 103–465, set out as a note under section 3531 of this title.

§3538 Administrative Action Following Wto Panel Reports