19 U.S.C. § 4584: Requests for review of…

Summary

Allows the United States or an affected person to ask for a binational panel to review a final decision by an investigating authority in a USMCA country. Definitions: competent investigating authority — the investigating body in a USMCA country (see article 10.8). United States Secretary — the U.S. officer named in article 10.16. The United States Secretary must make U.S. requests for panel review. A person who qualifies under article 10.12 may file a request with the United States Secretary within the time limit in article 10.12, paragraph 4. When the Secretary gets that request, it counts as a U.S. request for review. Filing does not stop someone from later disputing the reasons for the request. The Secretary must send a copy of the request to everyone who, under the importing country’s law, could seek court review of the decision.

Title 19, §4584

Customs Duties, Source: USLM XML via OLRC

(a)Definitions

As used in this section: (1) Competent investigating authority

(2)United States Secretary

The term “United States Secretary” means that officer of the United States referred to in article 10.16.

(b)Requests for review by United States

In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 10.12 shall be made by the United States Secretary.

(c)Requests for review by person

In the case of a final determination of a competent investigating authority, a person, within the meaning of paragraph 5 of article 10.12, may request a binational panel review of such determination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 10.12. The receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 10.12. The request for such panel review shall be without prejudice to any challenge before a binational panel of the basis for a particular request for review.

(d)Service of request for review

Whenever binational panel review of a final determination made by a competent investigating authority is requested under this section, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the importing country to commence proceedings for judicial review of the determination.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3434 of this title prior to renumbering by Pub. L. 116–113.

Amendments

2020—Pub. L. 116–113, § 504(e)(3)(A), struck out “of NAFTA countries” after “authorities” in section catchline. Subsec. (a)(1). Pub. L. 116–113, § 504(e)(3)(B)(i), substituted “article 10.8, of a USMCA country.” for “article 1911, of a NAFTA country.” Subsec. (a)(2). Pub. L. 116–113, § 504(e)(3)(B)(ii), substituted “article 10.16” for “article 1908”. Subsec. (b). Pub. L. 116–113, § 504(e)(3)(C), substituted “article 10.12” for “article 1904”. Subsec. (c). Pub. L. 116–113, § 504(e)(3)(D), substituted “article 10.12” for “article 1904” wherever appearing.

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.

§4584 Requests for Review of Determinations by Competent Investigating Authorities