Definitions
Competent investigating authority
The term “competent investigating authority” means the competent investigating authority, as defined in article 10.8, of a USMCA country.
United States Secretary
The term “United States Secretary” means that officer of the United States referred to in article 10.16.
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.
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.
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.
Pub. L. 116–113, title IV, § 414Pub. L. 103–182, title IV, § 404107 Stat. 2137§ 414 of Pub. L. 116–113Pub. L. 116–113, title V, § 504(e)134 Stat. 75(, formerly , , ; renumbered and amended , , .)
Editorial Notes
Codification
section 3434 of this titlePub. L. 116–113Section was formerly classified to prior to renumbering by .
Amendments
Pub. L. 116–113, § 504(e)(3)(A)2020—, struck out “of NAFTA countries” after “authorities” in section catchline.
Pub. L. 116–113, § 504(e)(3)(B)(i)Subsec. (a)(1). , substituted “article 10.8, of a USMCA country.” for “article 1911, of a NAFTA country.”
Pub. L. 116–113, § 504(e)(3)(B)(ii)Subsec. (a)(2). , substituted “article 10.16” for “article 1908”.
Pub. L. 116–113, § 504(e)(3)(C)Subsec. (b). , substituted “article 10.12” for “article 1904”.
Pub. L. 116–113, § 504(e)(3)(D)Subsec. (c). , substituted “article 10.12” for “article 1904” wherever appearing.
Statutory Notes and Related Subsidiaries
Effective Date of 2020 Amendment
Pub. L. 116–113section 1516a of this titlesection 504(k) of Pub. L. 116–113section 4581 of this titleTransfer to and amendment of this section by effective on the date on which the USMCA enters into force (), but not applicable to certain determinations under or binational panel reviews under NAFTA, see , set out as a note under .