---
kind: "section"
citation: "19 U.S.C. § 1677k"
title: "19"
title_heading: "Customs Duties"
number: "1677k"
heading: "Third-country dumping"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/19/1677k"
units:
  - "Chapter 4 — Tariff Act of 1930"
  - "Subtitle IV — Countervailing and Antidumping Duties"
  - "Part IV — General Provisions"
---

# §1677k. Third-country dumping

- (a) **Definitions—** For purposes of this section:
  - (1)
    - (A) The term “Agreement” means the Agreement on Implementation of Article VI of the [GATT 1994](/usc/19/1677.md?p=31) (relating to antidumping measures).
    - (B) The term “[GATT 1994](/usc/19/1677.md?p=31)” has the meaning given that term in [section 3501(1)(B) of this title](/usc/19/3501.md?p=1-B).
  - (2) The term “Agreement [country](/usc/19/1677.md?p=3)” means a foreign [country](/usc/19/1677.md?p=3) that has accepted the Agreement.
  - (3) The term “[Trade Representative](/usc/19/1677.md?p=32)” means the [United States](/usc/19/1683.md?p=9) [Trade Representative](/usc/19/1677.md?p=32).
- (b) **Petition by domestic industry—**
  - (1) A domestic [industry](/usc/19/1677.md?p=4-A) that produces a product that is like or directly competitive with merchandise produced by a foreign [country](/usc/19/1677.md?p=3) (whether or not an Agreement [country](/usc/19/1677.md?p=3)) may, if it has reason to believe that—
    - (A) such merchandise is being [dumped](/usc/19/1677.md?p=34) in an Agreement [country](/usc/19/1677.md?p=3); and
    - (B) such domestic [industry](/usc/19/1677.md?p=4-A) is being materially injured, or threatened with [material injury](/usc/19/1677.md?p=7-A), by reason of such [dumping](/usc/19/1677.md?p=34);

    submit a petition to the [Trade Representative](/usc/19/1677.md?p=32) that alleges the elements referred to in subparagraphs [(A)](#b-1-A) and [(B)](#b-1-B) and requests the [Trade Representative](/usc/19/1677.md?p=32) to take action under [subsection (c)](#c) on behalf of the domestic [industry](/usc/19/1677.md?p=4-A).

  - (2) A petition submitted under [paragraph (1)](#b-1) shall contain such detailed information as the [Trade Representative](/usc/19/1677.md?p=32) may require in support of the allegations in the petition.
- (c) **Application for antidumping action on behalf of domestic industry—**
  - (1) If the [Trade Representative](/usc/19/1677.md?p=32), on the basis of the information contained in a petition submitted under [paragraph (1)](#c-1), determines that there is a reasonable basis for the allegations in the petition, the [Trade Representative](/usc/19/1677.md?p=32) shall submit to the appropriate authority of the Agreement [country](/usc/19/1677.md?p=3) where the alleged [dumping](/usc/19/1677.md?p=34) is occurring an application pursuant to Article 12 of the Agreement which requests that appropriate antidumping action under the law of that [country](/usc/19/1677.md?p=3) be taken, on behalf of the [United States](/usc/19/1683.md?p=9), with respect to imports into that [country](/usc/19/1677.md?p=3) of the merchandise concerned.
  - (2) At the request of the [Trade Representative](/usc/19/1677.md?p=32), the appropriate officers of the Department of Commerce and the [United States](/usc/19/1683.md?p=9) International Trade [Commission](/usc/19/1677.md?p=2) shall assist the [Trade Representative](/usc/19/1677.md?p=32) in preparing the application under [paragraph (1)](#c-1).
- (d) **Consultation after submission of application—** After submitting an application under [subsection (c)(1)](#c-1), the [Trade Representative](/usc/19/1677.md?p=32) shall seek consultations with the appropriate authority of the Agreement [country](/usc/19/1677.md?p=3) regarding the request for antidumping action.
- (e) **Action upon refusal of Agreement country to act—** If the appropriate authority of an Agreement [country](/usc/19/1677.md?p=3) refuses to undertake antidumping measures in response to a request made therefor by the [Trade Representative](/usc/19/1677.md?p=32) under [subsection (c)](#c), the [Trade Representative](/usc/19/1677.md?p=32) shall promptly consult with the domestic [industry](/usc/19/1677.md?p=4-A) on whether action under any other law of the [United States](/usc/19/1683.md?p=9) is appropriate.

## Source credit

(Pub. L. 100–418, title I, § 1317, Aug. 23, 1988, 102 Stat. 1188; Pub. L. 103–465, title VI, § 621(a)(1), Dec. 8, 1994, 108 Stat. 4992.)

## Notes

### Editorial Notes

### Codification

Section was enacted as part of the Omnibus Trade and Competitiveness Act of 1988, and not as part of the Tariff Act of 1930 which comprises this chapter.

### Amendments

1994—Subsec. (a)(1). Pub. L. 103–465 designated existing provisions as subpar. (A), substituted “GATT 1994” for “General Agreement on Tariffs and Trade”, and added subpar. (B).

### Statutory Notes and Related Subsidiaries

### Effective Date of 1994 Amendment

Pub. L. 103–465, title VI, § 621(b), Dec. 8, 1994, 108 Stat. 4993, provided that: “The amendments made by this section [amending this section and sections 2171, 2411, 2702, 2905, 2906, 3107, 3111, and 3202 of this title] shall take effect on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995).”