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- 2023 Edition
- Title 19. Customs Duties
- Chapter 4. Tariff Act of 1930
- Subtitle IV. Countervailing and Antidumping Duties
- Part IV. General Provisions
19 U.S.C. § 1677n Antidumping Petitions By Third Countries
Library | United States Statutes |
Edition | prefLabel,label,title,shortLabel |
Currency | Current through P.L. 118-19 (published on www.congress.gov on 10/06/2023) |
Citation | 19 U.S.C. § 1677n |
(a) Filing of petition
The government of a WTO member may file with the Trade Representative a petition requesting that an investigation be conducted to determine if-
(1) imports from another country are being sold in the United States at less than fair value, and
(2) an industry in the petitioning country is materially injured by reason of those imports.
(b) Initiation
The Trade Representative, after consultation with the administering authority and the Commission and obtaining the approval of the WTO Council for Trade in Goods, shall determine whether to initiate an investigation described in subsection (a).
(c) Determinations
Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to substantive and procedural requirements specified by the Trade Representative, notwithstanding any other provision of this subtitle:
(1) The administering authority shall determine whether imports into the United States of the subject merchandise are being sold at less than fair value.
(2) The Commission shall determine whether an industry in the petitioning country is materially injured by reason of imports of the subject merchandise into the United States.
(d) Public comment
An opportunity for public comment shall be provided, as appropriate-
(1) by the Trade Representative, in making the determination required by subsection (b), and
(2) by the administering authority and the Commission, in making the determination required by subsection (c).
(e) Issuance of order
If the administering authority makes an affirmative determination under paragraph (1) of subsection (c), and the Commission makes an affirmative determination under paragraph (2) of subsection (c), the administering authority shall issue an antidumping duty order in accordance with section 1673e of this title and take such other actions as are required by section 1673e of this title.
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