19 U.S.C. § 4583: Testimony and production of…

Summary

When an extraordinary challenge committee is formed under the rules to investigate certain allegations, it can gather evidence and question people to do its job. The committee can get and copy any documents from anyone, call witnesses, take sworn testimony, and require people or groups to hand over papers or give written information in the form the committee asks for. Any committee member may sign legal orders to appear or to produce records, and members the committee OKs can give oaths and question witnesses. The committee can require witnesses and documents to come to any hearing location in the United States. If someone ignores a legal order, the committee can ask the U.S. Attorney General to ask a federal court to force compliance; the court can order people to appear or turn over papers and can punish refusal as contempt. Courts can also issue writs of mandamus to make people follow committee orders. The committee may take sworn depositions at any time, put them in writing, and require people or groups to appear and give documents for those depositions.

Title 19, §4583

Customs Duties, Source: USLM XML via OLRC

(a)Authority of extraordinary challenge committee to obtain information

If an extraordinary challenge committee (hereafter in this section referred to as the “committee”) is convened under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee—

(1)shall have access to, and the right to copy, any document, paper, or record pertinent to the subject matter under consideration, in the possession of any individual, partnership, corporation, association, organization, or other entity;

(2)may summon witnesses, take testimony, and administer oaths;

(3)may require any individual, partnership, corporation, association, organization, or other entity to produce documents, books, or records relating to the matter in question; and

(4)may require any individual, partnership, corporation, association, organization, or other entity to furnish in writing, in such detail and in such form as the committee may prescribe, information in its possession pertaining to the matter.

Any member of the committee may sign subpoenas, and members of the committee, when authorized by the committee, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence.

(b)Witnesses and evidence

The attendance of witnesses who are authorized to be summoned, and the production of documentary evidence authorized to be ordered, under subsection (a) may be required from any place in the United States at any designated place of hearing. In the case of disobedience to a subpoena authorized under subsection (a), the committee may request the Attorney General of the United States to invoke the aid of any district or territorial court of the United States in requiring the attendance and testimony of witnesses and the production of documentary evidence. Such court, within the jurisdiction of which such inquiry is carried on, may, in case of contumacy or refusal to obey a subpoena issued to any individual, partnership, corporation, association, organization, or other entity, issue an order requiring such individual or entity to appear before the committee, or to produce documentary evidence if so ordered or to give evidence concerning the matter in question. Any failure to obey such order of the court may be punished by such court as a contempt thereof.

(c)Mandamus

Any court referred to in subsection (b) shall have jurisdiction to issue writs of mandamus commanding compliance with the provisions of this section or any order of the committee made in pursuance thereof.

(d)Depositions

The committee may order testimony to be taken by deposition at any stage of the committee review. Such deposition may be taken before any person designated by the committee and having power to administer oaths. Such testimony shall be reduced to writing by the person taking the deposition, or under the direction of such person, and shall then be subscribed by the deponent. Any individual, partnership, corporation, association, organization, or other entity may be compelled to appear and be deposed and to produce documentary evidence in the same manner as witnesses may be compelled to appear and testify and produce documentary evidence before the committee, as provided in this section.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3433 of this title prior to renumbering by Pub. L. 116–113.

Amendments

2020—Subsec. (a). Pub. L. 116–113, § 504(d)(3), in introductory provisions, substituted “under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee—” for “under paragraph 13 of article 1904, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 1904, for the purposes of carrying out its functions and duties under Annex 1904.13, the committee—”.

Statutory Notes and Related Subsidiaries

Effective Date

of 2020 AmendmentTransfer to and amendment of this section by Pub. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 504(k) of Pub. L. 116–113, set out as a note under section 4581 of this title.

§4583 Testimony and Production of Papers in Extraordinary Challenges