§4585 — Title 19 Customs Duties | U.S. Code

Summary

The administering authority must make rules, worked out under paragraph 14 of article 10.12, for binational panel reviews. Those rules must cover how to ask for a review and file complaints and papers; how to change, file, and serve those papers; how reviews can be joined, paused, or ended; and other procedural steps. The administering authority must also make rules, negotiated under paragraph 2 of Annex 10–B.3, for extraordinary challenge committees, and rules under Annex 10–B.4 for special committees. All of these rules must be published in the Federal Register. The term “administering authority” means what section 1677(1) says.

Title 19, §4585

Customs Duties — Source: USLM XML via OLRC

(a)The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to binational panel reviews—

(1)requests for such reviews, complaints, other pleadings, and other papers;

(2)the amendment, filing, and service of such pleadings and papers;

(3)the joinder, suspension, and termination of such reviews; and

(4)other appropriate procedural matters.

(b)The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 10–B.3, governing the procedures for reviews by extraordinary challenge committees.

(c)The administering authority shall prescribe rules, negotiated in accordance with Annex 10–B.4, governing the procedures for special committees described in such Annex.

(d)The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Register.

(e)As used in this section, the term “administering authority” has the meaning given such term in section 1677(1) of this title.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3435 of this title prior to renumbering by Pub. L. 116–113.

Amendments

2020—Subsec. (a). Pub. L. 116–113, § 504(f)(3)(A), substituted “article 10.12” for “article 1904” in introductory provisions. Subsec. (b). Pub. L. 116–113, § 504(f)(3)(B), substituted “Annex 10–B.3” for “Annex 1904.13”. Subsec. (c). Pub. L. 116–113, § 504(f)(3)(C), substituted “Annex 10–B.4” for “Annex 1905.6”.

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.

§4585 Rules of Procedure for Panels and Committees