19 U.S.C. § 4587 | Identification of industries facing subsidized imports

(a)

Petitions

Any entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe—

(1)

that—

(A)

as a result of implementation of provisions of the USMCA, the industry is likely to face increased competition from subsidized imports, from a USMCA country, with which it directly competes; or

(B)

January 1, 1994 the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after ; and

(2)

that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned;

may file with the Trade Representative a petition that such industry be identified under this section.

(b)

Identification of industry

Within 90 days after receipt of a petition under subsection (a), the Trade Representative, in consultation with the Secretary of Commerce, shall decide whether to identify the industry on the basis that there is a reasonable likelihood that the industry may face both the subsidization described in subsection (a)(1) and the deterioration described in subsection (a)(2).

(c)

Action after identification

At the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall—

(1)

section 2418 of this title compile and make available to the industry information under ;

(2)

19 U.S.C. 1332 recommend to the President that an investigation by the International Trade Commission be requested under section 332 of the Tariff Act of 1930 []; or

(3)

take actions described in both paragraphs (1) and (2).

The industry may request the Trade Representative to take appropriate action to update (as often as annually) any information obtained under paragraph (1) or (2), or both, as the case may be, until an agreement on more effective rules and disciplines relating to government subsidies is reached between the United States and the USMCA countries.

(d)

Initiation of action under other law

(1)

In general

The Trade Representative and the Secretary of Commerce shall review information obtained under subsection (c) and consult with the industry identified under subsection (b) with a view to deciding whether any action is appropriate—

(A)

section 2411 of this title section 2412(c) of this title under , including the initiation of an investigation under (in the case of the Trade Representative); or

(B)

19 U.S.C. 1671 19 U.S.C. 1671a(a) under subtitle A of title VII of the Tariff Act of 1930 [ et seq.], including the initiation of an investigation under section 702(a) of that Act [] (in the case of the Secretary of Commerce).

(2)

Criteria for initiation

section 2411 of this title 19 U.S.C. 1671In determining whether to initiate any investigation under or any other trade law, other than title VII of the Tariff Act of 1930 [ et seq.], the Trade Representative, after consultation with the Secretary of Commerce—

(A)

section 2155 of this title shall seek the advice of the advisory committees established under ;

(B)

shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives;

(C)

section 1872 of this title shall coordinate with the interagency organization established under ; and

(D)

may ask the President to request advice from the International Trade Commission.

(3)

Title III actions

section 2412(c) of this title section 2411(a) of this titleIn the event an investigation is initiated under as a result of a review under this subsection and the Trade Representative, following such investigation (including any applicable dispute settlement proceedings under the USMCA or any other trade agreement), determines to take action under , the Trade Representative shall give preference to actions that most directly affect the products that benefit from governmental subsidies and were the subject of the investigation, unless there are no significant imports of such products or the Trade Representative otherwise determines that application of the action to other products would be more effective.

(e)

Effect of decisions

Any decision, whether positive or negative, or any action by the Trade Representative or the Secretary of Commerce under this section shall not in any way—

(1)

prejudice the right of any industry to file a petition under any trade law;

(2)

prejudice, affect, or substitute for, any proceeding, investigation, determination, or action by the Secretary of Commerce, the International Trade Commission, or the Trade Representative pursuant to such a petition; or

(3)

section 2411 of this title 19 U.S.C. 1671 prejudice, affect, substitute for, or obviate any proceeding, investigation, or determination under , title VII of the Tariff Act of 1930 [ et seq.], or any other trade law.

(f)

Standing

January 29, 2020Nothing in this section may be construed to alter in any manner the requirements in effect before , for standing under any law of the United States or to add any additional requirements for standing under any law of the United States.

Pub. L. 116–113, title IV, § 417 Pub. L. 103–182, title IV, § 407Dec. 8, 1993107 Stat. 2138 Pub. L. 104–295, § 21(c)(2)Oct. 11, 1996110 Stat. 3530 § 417 of Pub. L. 116–113 Pub. L. 116–113, title V, § 504(h)Jan. 29, 2020134 Stat. 75(, formerly , , ; , , ; renumbered and amended , , .)

Editorial Notes

References in Text

act June 17, 1930, ch. 497 46 Stat. 590 section 1654 of this titleThe Tariff Act of 1930, referred to in subsecs. (d)(1)(B), (2) and (e)(3), is , . Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. Subtitle A of title VII of the Act is classified generally to part I (§ 1671 et seq.) of subtitle IV of chapter 4 of this title. For complete classification of this Act to the Code, see and Tables.

Codification

section 3437 of this title Pub. L. 116–113Section was formerly classified to prior to renumbering by .

Amendments

Pub. L. 116–113, § 504(h)(3)(A)2020—Subsec. (a)(1)(A). , substituted “the USMCA” for “the Agreement” and “USMCA country” for “NAFTA country”.

Pub. L. 116–113, § 504(h)(3)(B)Subsec. (c). , substituted “USMCA countries” for “NAFTA countries” in concluding provisions.

Pub. L. 116–113, § 504(h)(3)(C)Subsec. (d)(3). , substituted “the Agreement” for “the USMCA”.

Pub. L. 104–2951996—Subsec. (e)(2). substituted semicolon for comma after “such a petition”.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Pub. L. 116–113July 1, 2020section 1516a of this title section 504(k) of Pub. L. 116–113 section 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 .