Requests for review of determinations by competent investigating authorities

  1. Law
  2. USC 19
  3. Customs Duties
  4. UNITED STATES-MEXICO-CANADA AGREEMENT IMPLEMENTATION
  5. ANTIDUMPING AND COUNTERVAILING DUTIES
  6. Dispute Settlement
  7. Requests for review of determinations by competent investigating authorities

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§4584. Requests for review of determinations by competent investigating authorities

(a) Definitions

As used in this section:

(1) Competent investigating authority

The term "competent investigating authority" means the competent investigating authority, as defined in article 10.8, of a USMCA country.

(2) United States Secretary

The term "United States Secretary" means that officer of the United States referred to in article 10.16.

(b) 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.

(c) 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.

(d) 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, §414, formerly Pub. L. 103–182, title IV, §404, Dec. 8, 1993, 107 Stat. 2137 ; renumbered §414 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, §504(e), Jan. 29, 2020, 134 Stat. 75 .)

Codification

Section was formerly classified to section 3434 of this title prior to renumbering by Pub. L. 116–113.

Amendments

2020-Pub. L. 116–113, §504(e)(3)(A), struck out "of NAFTA countries" after "authorities" in section catchline.

Subsec. (a)(1). Pub. L. 116–113, §504(e)(3)(B)(i), substituted "article 10.8, of a USMCA country." for "article 1911, of a NAFTA country."

Subsec. (a)(2). Pub. L. 116–113, §504(e)(3)(B)(ii), substituted "article 10.16" for "article 1908".

Subsec. (b). Pub. L. 116–113, §504(e)(3)(C), substituted "article 10.12" for "article 1904".

Subsec. (c). Pub. L. 116–113, §504(e)(3)(D), substituted "article 10.12" for "article 1904" wherever appearing.

Effective Date of 2020 Amendment

Transfer 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.


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