§4584 — Title 19 Customs Duties | U.S. Code

Summary

Lets people and the U.S. ask for a binational panel to review a final decision by a “competent investigating authority” (as defined in USMCA article 10.8). The “United States Secretary” means the officer named in article 10.16. If the United States asks for review, the request must be made by that Secretary. Other eligible persons (see paragraph 5 of article 10.12) may also ask for review by filing with the United States Secretary within the time in paragraph 4 of article 10.12. When the Secretary receives the request, it counts as a formal request under article 10.12. That request does not stop later challenges to its basis. The Secretary must send a copy to everyone who could otherwise start a court review in the importing country.

Title 19, §4584

Customs Duties — Source: USLM XML via OLRC

(a)As used in this section:

(1)The term “competent investigating authority” means the competent investigating authority, as defined in article 10.8, of a USMCA country.

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

(b)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)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)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