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.
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) of this section.
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) of this section, and
(2)by the administering authority and the Commission, in making the determination required by subsection (c) of this section.
(e) Issuance of order
If the administering authority makes an affirmative determination under paragraph (1) of subsection (c) of this section, and the Commission makes an affirmative determination under paragraph (2) of subsection (c) of this section, 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.
(f) Reviews of determinations
For purposes of review under section
1516a of this title or review under section
1675 of this title, if an order is issued under subsection (e) of this section, the final determinations of the administering authority and the Commission under this section shall be treated as final determinations made under section
1673d of this title.
(g) Access to information
1677f of this title shall apply to investigations under this section, to the extent specified by the Trade Representative, after consultation with the administering authority and the Commission.
1996—Subsec. (f). Pub. L. 104–295substituted “subsection (e)” for “subsection (d)”.
Section effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see section 291 ofPub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section
1671 of this title.
The table below lists the classification updates, since Jan. 3, 2012, for this section. Updates to a broader range of sections may be found at the update page for containing chapter, title, etc.
The most recent Classification Table update that we have noticed was Tuesday, August 13, 2013
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Description of Change
Statutes at Large
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