Action by United States International Trade Commission
Advisory report
19 U.S.C. 167119 U.S.C. 2251If a dispute settlement panel finds in an interim report under Article 15 of the Dispute Settlement Understanding, or the Appellate Body finds in a report under Article 17 of that Understanding, that an action by the International Trade Commission in connection with a particular proceeding is not in conformity with the obligations of the United States under the Antidumping Agreement, the Safeguards Agreement, or the Agreement on Subsidies and Countervailing Measures, the Trade Representative may request the Commission to issue an advisory report on whether title VII of the Tariff Act of 1930 [ et seq.] or title II of the Trade Act of 1974 [ et seq.], as the case may be, permits the Commission to take steps in connection with the particular proceeding that would render its action not inconsistent with the findings of the panel or the Appellate Body concerning those obligations. The Trade Representative shall notify the congressional committees of such request.
Time limits for report
Consultations on request for Commission determination
If a majority of the Commissioners issues an affirmative report under paragraph (1), the Trade Representative shall consult with the congressional committees concerning the matter.
Commission determination
19 U.S.C. 120219 U.S.C. 2251Notwithstanding any provision of the Tariff Act of 1930 [ et seq.] or title II of the Trade Act of 1974 [ et seq.], if a majority of the Commissioners issues an affirmative report under paragraph (1), the Commission, upon the written request of the Trade Representative, shall issue a determination in connection with the particular proceeding that would render the Commission’s action described in paragraph (1) not inconsistent with the findings of the panel or Appellate Body. The Commission shall issue its determination not later than 120 days after the request from the Trade Representative is made.
Consultations on implementation of Commission determination
The Trade Representative shall consult with the congressional committees before the Commission’s determination under paragraph (4) is implemented.
Revocation of order
19 U.S.C. 1671If, by virtue of the Commission’s determination under paragraph (4), an antidumping or countervailing duty order with respect to some or all of the imports that are subject to the action of the Commission described in paragraph (1) is no longer supported by an affirmative Commission determination under title VII of the Tariff Act of 1930 [ et seq.] or this subsection, the Trade Representative may, after consulting with the congressional committees under paragraph (5), direct the administering authority to revoke the antidumping or countervailing duty order in whole or in part.
Action by administering authority
Consultations with administering authority and congressional committees
19 U.S.C. 1671Promptly after a report by a dispute settlement panel or the Appellate Body is issued that contains findings that an action by the administering authority in a proceeding under title VII of the Tariff Act of 1930 [ et seq.] is not in conformity with the obligations of the United States under the Antidumping Agreement or the Agreement on Subsidies and Countervailing Measures, the Trade Representative shall consult with the administering authority and the congressional committees on the matter.
Determination by administering authority
19 U.S.C. 1202Notwithstanding any provision of the Tariff Act of 1930 [ et seq.], the administering authority shall, within 180 days after receipt of a written request from the Trade Representative, issue a determination in connection with the particular proceeding that would render the administering authority’s action described in paragraph (1) not inconsistent with the findings of the panel or the Appellate Body.
Consultations before implementation
Before the administering authority implements any determination under paragraph (2), the Trade Representative shall consult with the administering authority and the congressional committees with respect to such determination.
Implementation of determination
The Trade Representative may, after consulting with the administering authority and the congressional committees under paragraph (3), direct the administering authority to implement, in whole or in part, the determination made under paragraph (2).
Effects of determinations; notice of implementation
Effects of determinations
Notice of implementation
Opportunity for comment by interested parties
Prior to issuing a determination under this section, the administering authority or the Commission, as the case may be, shall provide interested parties with an opportunity to submit written comments and, in appropriate cases, may hold a hearing, with respect to the determination.
Pub. L. 103–465, title I, § 129108 Stat. 4836(, , .)
Editorial Notes
References in Text
act June 17, 1930, ch. 49746 Stat. 590section 1654 of this titleThe Tariff Act of 1930, referred to in subsecs. (a)(1), (4), (6), (b)(1), (2), and (c)(1), (2)(A), is , , which is classified generally to chapter 4 (§ 1202 et seq.) of this title. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see and Tables.
Pub. L. 93–61888 Stat. 1978section 2101 of this titleThe Trade Act of 1974, referred to in subsecs. (a)(1), (4) and (c)(2)(B), is , , . Title II of the Act is classified generally to subchapter II (§ 2251 et seq.) of chapter 12 of this title. For complete classification of this Act to the Code, see and Tables.
Codification
section 129 of Pub. L. 103–465section 129 of Pub. L. 103–465Section is comprised of . Subsecs. (a)(7) and (e) of amended sections 2254 and 1516a, respectively, of this title.
Statutory Notes and Related Subsidiaries
Effective Date
section 130 of Pub. L. 103–465section 3531 of this titleSection effective on the date on which the WTO Agreement enters into force with respect to the United States (), see , set out as a note under .