US Codex
Pub. L.
Notes

Title IV — Antidumping and Countervailing Duties

116th Congress · Approved Jan 29, 2020 · 134 Stat. 11

TITLE IV Antidumping and Countervailing Duties

Subtitle A Preventing Duty Evasion

SEC. 401. Cooperation on Duty Evasion.

Section 414(b) of the Enforce and Protect Act of 2015 (19 U.S.C. 4374(b)) is amended—
(1)
by inserting “ or a party to the USMCA (as defined in section 3 of the United States-Mexico-Canada Agreement Implementation Act)” after “ subsection (a)”; and
(2)
by inserting “ or the USMCA, as the case may be,” after “ the bilateral agreement”.

Subtitle B Dispute Settlement [reserved]

Subtitle C Conforming Amendments

SEC. 421. Judicial Review in Antidumping Duty and Countervailing Duty Cases.

Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)(B)(vii), by striking “ the Tariff Act of 1930” and inserting “ this Act”; and
(B)
in paragraph (5)(D)(i), by striking “ article 1904 of the NAFTA” and inserting “ article 10.12 of the USMCA”;
(2)
in subsection (b)(3)—
(A)
in the paragraph heading, by striking “ nafta or united states-canada” and inserting “ united states-canada or usmca”; and
(B)
in the text, by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”;
(3)
in subsection (f)—
(A)
in paragraph (6)(A), by striking “ article 1908 of the NAFTA” and inserting “ article 10.16 of the USMCA”;
(B)
in paragraph (7)(A), by striking “ article 1908 of the NAFTA” and inserting “ article 10.16 of the USMCA”;
(C)
by striking paragraph (8);
(D)
by redesignating paragraphs (9) and (10) as paragraphs (8) and (9), respectively;
(E)
in paragraph (9), as redesignated by subparagraph (D), by striking subparagraphs (A) and (B) and inserting the following:

“(A) Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada.

“(B) Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.”

; and

(F)
by adding at the end the following:

“(10) USMCA.—The term ‘USMCA’ has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act.”

(4)
in subsection (g)—
(A)
in paragraph (2), in the matter preceding subparagraph (A), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”;
(B)
in paragraph (3)(A)—
(i)
in clause (i), by striking “ of the NAFTA or of the Agreement.” and inserting “ of the Agreement or article 10.12 of the USMCA;”;
(ii)
in clause (iii), by striking “ the NAFTA or of the Agreement” and inserting “ the Agreement or the USMCA”;
(iii)
in clause (v), by striking “ paragraph 12 of article 1905 of the NAFTA” and inserting “ article 10.13 of the USMCA”; and
(iv)
in clause (vi), by striking “ paragraph 12 of article 1905 of the NAFTA” and inserting “ article 10.13 of the USMCA”;
(C)
in paragraph (4)(A), by striking “ the North American Free Trade Agreement” and all that follows through “ chapter 19 of the Agreement” and inserting “ the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement, or the United States-Mexico-Canada Agreement Implementation Act implementing the binational panel dispute settlement system under chapter 10 of the USMCA”;
(D)
in paragraph (5)—
(i)
in subparagraph (A), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”;
(ii)
in subparagraph (B), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”; and
(iii)
in subparagraph (C)—
(I)
in clause (i), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”; and
(II)
in clause (iii), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or chapter 10 of the USMCA”;
(E)
in paragraph (6), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”;
(F)
in paragraph (7)—
(i)
in the paragraph heading, by striking “ of the nafta or the agreement” and inserting “ of the agreement or article 10.12 of the usmca”; and
(ii)
in subparagraph (A), by striking “ the NAFTA or the Agreement” and inserting “ article 1904 of the Agreement or article 10.12 of the USMCA”;
(G)
in paragraph (8)—
(i)
in subparagraph (A)—
(I)
in clause (i), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”; and
(II)
in clause (ii)—
(aa)
in the clause heading, by striking “ nafta” and inserting “ usmca”; and
(bb)
in the text, by striking “ paragraph 11(a) of article 1905 of the NAFTA” and inserting “ article 10.13 of the USMCA”; and
(ii)
in subparagraph (C), by striking “ of the NAFTA or the Agreement” and inserting “ of the Agreement or article 10.12 of the USMCA”;
(H)
in paragraph (9), by striking “ of the NAFTA or of the Agreement” and inserting “ of the Agreement or chapter 10 of the USMCA”;
(I)
in paragraph (10), by striking “ the NAFTA or the Agreement” and inserting “ the Agreement or under article 10.12 of the USMCA”;
(J)
by striking paragraph (11) and inserting the following:

“(11) Suspension and termination of suspension of article 10.12 of the usmca.—

“(A) Suspension.—If a special committee established under article 10.13 of the USMCA issues an affirmative finding, the Trade Representative may, in accordance with article 10.13 of the USMCA, suspend the operation of article 10.12 of the USMCA.

“(B) Termination of suspension.—If a special committee is reconvened and makes an affirmative determination described in article 10.13 of the USMCA, any suspension of the operation of article 10.12 of the USMCA shall terminate.”

; and

(K)
in paragraph (12)—
(i)
in the paragraph heading, by striking “ nafta” and inserting “ usmca”;
(ii)
by striking subparagraph (A) and inserting the following:

“(A) Notice of suspension or termination of suspension of article 10.12 of the usmca.—

“(i) Notice of suspension.—Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the operation of article 10.12 of the USMCA has been suspended in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of suspension of article 10.12 of the USMCA.

“(ii) Notice of termination of suspension.—Upon notification by the Trade Representative or the government of a country described in subparagraph (A) or (B) of subsection (f)(9) that the suspension of the operation of article 10.12 of the USMCA is terminated in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of termination of suspension of article 10.12 of the USMCA.”

(iii)
in subparagraph (B)—
(I)
in the subparagraph heading, by striking “ article 1904” and inserting “ article 10.12 of the usmca”; and
(II)
in the matter preceding clause (i), by striking “ If” and all that follows through “ NAFTA—” and inserting the following: “ If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA—”;
(iv)
in subparagraph (C)—
(I)
in clause (i)—
(aa)
in the matter preceding subclause (I), by striking “ if the United States” and all that follows through “ NAFTA—” and inserting the following: “ if the United States made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA—”; and
(bb)
in subclause (I), by striking “ subsection (f)(10)(A) or (B)” and inserting “ subparagraph (A) or (B) of subsection (f)(9)”; and
(II)
in clause (ii), in the matter preceding subclause (I), by striking “ if a country” and all that follows through “ NAFTA—” and inserting the following: “ if a country described in subparagraph (A) or (B) of subsection (f)(9) made an allegation under article 10.13 of the USMCA and the operation of article 10.12 of the USMCA was suspended pursuant to article 10.13 of the USMCA—”; and
(v)
in subparagraph (D)(i), by striking “ a country described” and all that follows through “ NAFTA” and inserting “ a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA”.

SEC. 422. Conforming Amendments to Other Provisions of the Tariff Act of 1930.

(a)
Disclosure of Proprietary Information Under Protective Orders.— Section 777(f) of the Tariff Act of 1930 (19 U.S.C. 1677f(f)) is amended—
(1)
in the subsection heading, by striking “ North American Free Trade Agreement or the United States-Canada Agreement” and inserting “ the United States-Canada Agreement or the USMCA”;
(2)
in paragraph (1)—
(A)
in subparagraph (A), by striking “ article 1904 of the NAFTA” and all that follows through “ , the administering authority” and inserting “ article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA, or an extraordinary challenge committee is convened under Annex 1904.13 of the United States-Canada Agreement or chapter 10 of the USMCA, the administering authority”; and
(B)
in subparagraph (B), by striking “ chapter 19 of the NAFTA or the Agreement” each place it appears and inserting “ chapter 19 of the Agreement or chapter 10 of the USMCA”;
(3)
in paragraph (3), by striking “ the NAFTA or the United States-Canada Agreement” and inserting “ article 1904 of the United States-Canada Agreement or article 10.12 of the USMCA”;
(4)
in paragraph (4), by striking “ section 402(b) of the North American Free Trade Agreement Implementation Act” and inserting “ section 412(b) of the United States-Mexico-Canada Agreement Implementation Act”; and
(5)
by striking “ section 516A(f)(10)” each place it appears and inserting “ section 516A(f)(9)”.
(b)
Definition.— Section 771 of the Tariff Act of 1930 (19 U.S.C. 1677) is amended by striking paragraph (22) and inserting the following:

“(22) USMCA.—The term ‘USMCA’ has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act.”

SEC. 423. Conforming Amendments to Title 28, United States Code.

(a)
Court of International Trade.— Chapter 95 of title 28, United States Code, is amended—
(1)
in section 1581(i)—
(A)
by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively;
(B)
by inserting “ (1)” after “ (i)”;
(C)
in subparagraph (D), as redesignated by subparagraph (A), by striking “ paragraphs (1)–(3) of this subsection” and inserting “ subparagraphs (A) through (C) of this paragraph”; and
(D)
by striking the flush text and inserting the following:

“(2) This subsection shall not confer jurisdiction over an antidumping or countervailing duty determination which is reviewable by—

“(A) the Court of International Trade under section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)); or

“(B) a binational panel under section 516A(g) of the Tariff Act of 1930 (19 U.S.C. 1516a(g)).”

(2)
in section 1584, by striking the section heading and inserting the following:

“§ 1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA”

;and

(3)
in the table of sections at the beginning of the chapter, by striking the item relating to section 1584 and inserting the following:

“1584. Civil actions under the United States-Canada Free-Trade Agreement or the USMCA.”.

(b)
Particular Proceedings.— Sections 2201(a) and 2643(c)(5) of title 28, United States Code, are each amended by striking “ section 516A(f)(10)” and inserting “ section 516A(f)(9)”.

Subtitle D General Provisions

SEC. 431. Effect of Termination of Usmca Country Status.

(a)
In General.— Except as provided in subsection (b), on the date on which a country ceases to be a USMCA country, the provisions of this title (other than this section) and the amendments made by this title shall cease to have effect with respect to that country.
(b)
Transition Provisions.—
(1)
Proceedings regarding protective orders and undertakings.— If on the date on which a country ceases to be a USMCA country an investigation or enforcement proceeding concerning the violation of a protective order issued under section 777(f) of the Tariff Act of 1930 (as amended by this title) or an undertaking of the government of that country is pending, the investigation or proceeding shall continue, and sanctions may continue to be imposed, in accordance with the provisions of such section 777(f) (as so amended).
(2)
Binational panel and extraordinary challenge committee reviews.— If on the date on which a country ceases to be a USMCA country—
(A)
a binational panel review under article 10.12 of the USMCA is pending, or has been requested, or
(B)
an extraordinary challenge committee review under that article is pending, or has been requested,

with respect to a determination which involves a class or kind of merchandise and to which subsection (g)(2) of section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) applies, such determination shall be reviewable under subsection (a) of that section. In the case of a determination to which the provisions of this paragraph apply, the time limits for commencing an action under 516A(a) of the Tariff Act of 1930 shall not begin to run until the date on which the USMCA ceases to be in force with respect to that country.

SEC. 432. Effective Date.

The provisions of this title and the amendments made by this title shall take effect on the date on which the USMCA enters into force, but shall not apply—
(1)
to any final determination described in paragraph (1)(B) or clause (i), (ii), or (iii) of paragraph (2)(B) of section 516A(a) of the Tariff Act of 1930 (19 U.S.C. 1516a(a)) notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of that section notice of which is received by the Government of Canada or Mexico before such date; or
(2)
to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date.