19 USC 1516 - Judicial review in countervailing duty and antidumping duty proceedings

1 So in original. Probably should be preceded by “section”.

or 1673a(c) of this title, not to initiate an investigation,

2 See References in Text note below.

of this title or subtitle IV of this chapter shall have the right to appear and be heard as a party in interest before the United States Court of International Trade. The party filing the action shall notify all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court.

3 So in original. The semicolon probably should be a comma.

Amendment of Section

For termination of amendment by section 501(c) of Puspan. L. 100–449, see Effective and Termination Dates of 1988 Amendment note below.

Editorial Notes

References in Text

Section 1303 of this title, referred to in subsec. (d), is defined in section 1677(26) of this title to mean section 1330 as in effect on the day before Jan. 1, 1995.

The North American Free Trade Agreement Implementation Act, referred to in subsec. (g)(4)(A), is Puspan. L. 103–182, Dec. 8, 1993, 107 Stat. 2057. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables.

The United States-Canada Free-Trade Agreement Implementation Act of 1988, referred to in subsec. (g)(4)(A), is Puspan. L. 100–449, Sept. 28, 1988, 102 Stat. 1851, which is set out as a note under section 2112 of this title. For complete classification of this Act to the Code, see Tables.

The United States-Mexico-Canada Agreement Implementation Act, referred to in subsec. (g)(4)(A), is Puspan. L. 116–113, Jan. 29, 2020, 134 Stat. 11. For complete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables.

The Federal Rules of Civil Procedure, referred to in subsec. (g)(4)(E), (F), are set out in the Appendix to Title 28, Judiciary and Judicial Procedure.

Codification

In the original, section 1001(a) of Puspan. L. 96–39 directed that this section, designated as section 516A, be added to title V of the Tariff Act of 1930, however, since a title V of the Tariff Act of 1930 has not been enacted, this section was added to title IV of the Tariff Act of 1930 to reflect the probable intent of Congress.

Amendments

2020—Subsec. (a)(2)(B)(vii). Puspan. L. 116–113, § 421(1)(A), made technical amendment to reference in original Act which appears in text as reference to subtitle IV of this chapter.

Subsec. (a)(5)(D)(i). Puspan. L. 116–113, § 421(1)(B), substituted “article 10.12 of the USMCA” for “article 1904 of the NAFTA”.

Subsec. (span)(3). Puspan. L. 116–113, § 421(2), substituted “United States-Canada or USMCA” for “NAFTA or United States-Canada” in span and “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in text.

Subsec. (f)(6)(A). Puspan. L. 116–113, § 421(3)(A), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”.

Subsec. (f)(7)(A). Puspan. L. 116–113, § 421(3)(B), substituted “article 10.16 of the USMCA” for “article 1908 of the NAFTA”.

Subsec. (f)(8). Puspan. L. 116–113, § 421(3)(C), (D), redesignated par. (9) as (8) and struck out former par. (8) which defined “NAFTA” as the North American Free Trade Agreement.

Subsec. (f)(9). Puspan. L. 116–113, § 421(3)(D), (E), redesignated par. (10) as (9), added subpars. (A) and (B), and struck out former subpars. (A) and (B) which defined “free trade area country” as Canada and Mexico for such time as the NAFTA was in force with respect to, and the United States applied the NAFTA to, those countries. Former par. (9) redesignated (8).

Subsec. (f)(10). Puspan. L. 116–113, § 421(3)(F), added par. (10). Former par. (10) redesignated (9).

Subsec. (g)(2). Puspan. L. 116–113, § 421(4)(A), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement” in introductory provisions.

Subsec. (g)(3)(A)(i). Puspan. L. 116–113, § 421(4)(B)(i), which directed substitution of “of the Agreement or article 10.12 of the USMCA;” for “of the NAFTA or of the Agreement.”, was executed by making the substitution for “of the NAFTA or of the Agreement,” to reflect the probable intent of Congress.

Subsec. (g)(3)(A)(iii). Puspan. L. 116–113, § 421(4)(B)(ii), substituted “the Agreement or the USMCA” for “the NAFTA or of the Agreement”.

Subsec. (g)(3)(A)(v). Puspan. L. 116–113, § 421(4)(B)(iii), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”.

Subsec. (g)(3)(A)(vi). Puspan. L. 116–113, § 421(4)(B)(iv), substituted “article 10.13 of the USMCA” for “paragraph 12 of article 1905 of the NAFTA”.

Subsec. (g)(4)(A). Puspan. L. 116–113, § 421(4)(C), substituted “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” for “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or the United States-Canada Free-Trade Agreement Implementation Act of 1988 implementing the binational panel dispute settlement system under chapter 19 of the Agreement”.

Subsec. (g)(5)(A) to (C)(i). Puspan. L. 116–113, § 421(4)(D)(i)–(iii)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(5)(C)(iii). Puspan. L. 116–113, § 421(4)(D)(iii)(II), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(6). Puspan. L. 116–113, § 421(4)(E), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(7). Puspan. L. 116–113, § 421(4)(F), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement” in span and “article 1904 of the Agreement or article 10.12 of the USMCA” for “the NAFTA or the Agreement” in subpar. (A).

Subsec. (g)(8)(A)(i). Puspan. L. 116–113, § 421(4)(G)(i)(I), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(8)(A)(ii). Puspan. L. 116–113, § 421(4)(G)(i)(II), substituted “USMCA” for “NAFTA” in span and “article 10.13 of the USMCA” for “paragraph 11(a) of article 1905 of the NAFTA” in text.

Subsec. (g)(8)(C). Puspan. L. 116–113, § 421(4)(G)(ii), substituted “of the Agreement or article 10.12 of the USMCA” for “of the NAFTA or the Agreement”.

Subsec. (g)(9). Puspan. L. 116–113, § 421(4)(H), substituted “of the Agreement or chapter 10 of the USMCA” for “of the NAFTA or of the Agreement”.

Subsec. (g)(10). Puspan. L. 116–113, § 421(4)(I), substituted “the Agreement or under article 10.12 of the USMCA” for “the NAFTA or the Agreement”.

Subsec. (g)(11). Puspan. L. 116–113, § 421(4)(J), added par. (11) and struck out former par. (11) which related to suspension and termination of suspension of article 1904 of the NAFTA.

Subsec. (g)(12). Puspan. L. 116–113, § 421(4)(K)(i), substituted “USMCA” for “NAFTA” in span.

Subsec. (g)(12)(A). Puspan. L. 116–113, § 421(4)(K)(ii), added subpar. (A) and struck out former subpar. (A) which related to notice of suspension or termination of suspension of article 1904 of the NAFTA.

Subsec. (g)(12)(B). Puspan. L. 116–113, § 421(4)(K)(iii), substituted “article 10.12 of the USMCA” for “article 1904” in span and “If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA” for “If the operation of article 1904 of the NAFTA is suspended in accordance with paragraph 8(a) or 9 of article 1905 of the NAFTA” in introductory provisions.

Subsec. (g)(12)(C)(i). Puspan. L. 116–113, § 421(4)(K)(iv)(I)(aa), in introductory provisions, substituted “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” for “if the United States made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 8(a) of article 1905 of the NAFTA”.

Subsec. (g)(12)(C)(i)(I). Puspan. L. 116–113, § 421(4)(K)(iv)(I)(bspan), substituted “subparagraph (A) or (B) of subsection (f)(9)” for “subsection (f)(10)(A) or (B)”.

Subsec. (g)(12)(C)(ii). Puspan. L. 116–113, § 421(4)(K)(iv)(II), in introductory provisions, substituted “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” for “if a country described in subsection (f)(10)(A) or (B) made an allegation under paragraph 1 of article 1905 of the NAFTA and the operation of article 1904 of the NAFTA was suspended pursuant to paragraph 9 of article 1905 of the NAFTA”.

Subsec. (g)(12)(D)(i). Puspan. L. 116–113, § 421(4)(K)(v), substituted “a country described in subparagraph (A) or (B) of subsection (f)(9) pursuant to article 10.13 of the USMCA” for “a country described in subsection (f)(10)(A) or (B) pursuant to paragraph 7 of article 1905 of the NAFTA”.

2006—Subsec. (g)(1)(B). Puspan. L. 109–432 substituted “(vi), or (vii)” for “or (vi)”.

1996—Subsec. (a)(2)(A)(i)(I). Puspan. L. 104–295, § 20(a)(1), inserted comma after “subparagraph (B)”.

Subsec. (g)(4)(A). Puspan. L. 104–295, § 22, substituted “Agreement Implementation Act of 1988” for “Implementation Agreement Act of 1988”.

Subsec. (g)(12)(D). Puspan. L. 104–295, § 21(c)(3), transferred designation “(i)” from span to before sentence beginning “If the Trade Representative”.

1994—Subsec. (a)(1)(D). Puspan. L. 103–465, § 220(span)(1), added subpar. (D).

Subsec. (a)(2)(A)(i)(I). Puspan. L. 103–465, § 271(span)(1), substituted “(v), or (viii)” for “or (v)”.

Puspan. L. 103–465, § 129(e)(1)(A)(i), struck out “, or” after “(B)”.

Subsec. (a)(2)(A)(i)(III). Puspan. L. 103–465, § 129(e)(1)(A)(ii), added subcl. (III).

Subsec. (a)(2)(B)(iv). Puspan. L. 103–465, § 270(a)(1)(N), inserted “countervailable” before “subsidy”.

Subsec. (a)(2)(B)(vii). Puspan. L. 103–465, § 129(e)(1)(B), added cl. (vii).

Subsec. (a)(2)(B)(viii). Puspan. L. 103–465, § 271(span)(2), added cl. (viii).

Subsec. (a)(5)(E). Puspan. L. 103–465, § 129(e)(2), added subpar. (E).

Subsec. (span)(1)(A). Puspan. L. 103–465, § 220(span)(2)(A), substituted “under subparagraph (A), (B), or (C) of subsection (a)(1)” for “under paragraph (1) of subsection (a)”.

Subsec. (span)(1)(B). Puspan. L. 103–465, § 220(span)(2)(B), designated existing provisions as cl. (i), substituted “, or” for period at end, and added cl. (ii).

Subsec. (g)(8)(A)(i). Puspan. L. 103–465, § 129(e)(3), substituted “(A), (B), or (E)” for “(A) or (B)”.

1993—Subsec. (a)(5). Puspan. L. 103–182, § 411(1), amended par. (5) generally, substituting present provisions for provisions relating to time limits for commencing review in cases involving Canadian merchandise.

Subsec. (span)(3). Puspan. L. 103–182, § 411(2), inserted “NAFTA or” after “decisions by” in span and “of the NAFTA or” after “article 1904” in text.

Subsec. (f)(6), (7). Puspan. L. 103–182, § 411(3)(A), amended pars. (6) and (7) generally, substituting present provisions for provisions which, in par. (6) defined “United States Secretary” as the secretary provided for in paragraph 4 of article 1909 of the United States-Canada Free-Trade Agreement, and in par. (7), defined “Canadian Secretary” as the secretary provided for in paragraph 5 of article 1909 of the Agreement.

Subsec. (f)(8) to (10). Puspan. L. 103–182, § 411(3)(B), added pars. (8) to (10).

Subsec. (g). Puspan. L. 103–182, § 411(4)(A), substituted “free trade area country merchandise” for “Canadian merchandise” in span.

Subsec. (g)(1). Puspan. L. 103–182, § 411(4)(B), substituted “free trade area country merchandise” for “Canadian merchandise” in concluding provisions.

Subsec. (g)(2). Puspan. L. 103–182, § 411(4)(C), inserted “of the NAFTA or” after “article 1904” in introductory provisions.

Subsec. (g)(3)(A). Puspan. L. 103–182, § 411(4)(D), in cl. (i), substituted “nor the relevant FTA country” for “nor Canada” and inserted “of the NAFTA or” before “of the Agreement”, in cl. (ii), substituted “nor the relevant FTA country” for “nor Canada”, in cl. (iii), inserted “of the NAFTA or” before “of the Agreement” and struck out “or” at end, in cl. (iv), struck out “under paragraph (2)(A)” before “is not reviewable” and substituted a comma for period at end, and added cls. (v) and (vi).

Subsec. (g)(3)(B). Puspan. L. 103–182, § 411(4)(E), substituted first two sentences for former sentences which read as follows: “A determination described in subparagraph (A)(i) or (iv) is reviewable under subsection (a) of this section only if the party seeking to commence review has provided timely notice of its intent to commence such review to the United States Secretary, the Canadian Secretary, all interested parties who were parties to the proceeding in connection with which the matter arises, and the administering authority or the Commission, as appropriate. Such notice is provided timely if the notice is delivered by no later than the date that is 20 days after the date described in subparagraph (A) or (B) of subsection (a)(5) of this section that is applicable to such determination.”

Subsec. (g)(4)(A). Puspan. L. 103–182, § 411(4)(F), inserted “the North American Free Trade Agreement Implementation Act implementing the binational dispute settlement system under chapter 19 of the NAFTA, or” after “or amendment made by,”, a comma before “violates”, “only” after “may be brought”, and “, which shall have jurisdiction of such action” after “Circuit” and struck out at end “Any action brought under this subparagraph shall be heard and determined by a 3-judge court in accordance with section 2284 of title 28.”

Subsec. (g)(5). Puspan. L. 103–182, § 411(4)(G), inserted “of the NAFTA or” after “article 1904” in subpars. (A), (B), and (C)(i), substituted “, the relevant FTA Secretary,” for “, the Canadian Secretary,” in subpar. (C)(ii), and inserted “of the NAFTA or” after “chapter 19” in subpar. (C)(iii).

Subsec. (g)(6). Puspan. L. 103–182, § 411(4)(H), inserted “of the NAFTA or” after “article 1904”.

Subsec. (g)(7). Puspan. L. 103–182, § 411(4)(I)(i), inserted “of the NAFTA or the Agreement” in span.

Subsec. (g)(7)(A). Puspan. L. 103–182, § 411(4)(I)(ii), (iii), substituted span for one which read “In general” and inserted “the NAFTA or” before “the Agreement”.

Subsec. (g)(8)(A). Puspan. L. 103–182, § 411(4)(J), designated existing provisions as cl. (i), inserted cl. span, realigned margin, inserted “of the NAFTA or” after “article 1904(4)”, and added cl. (ii).

Subsec. (g)(8)(B)(ii). Puspan. L. 103–182, § 411(4)(K), substituted “relevant FTA Secretary” for “Canadian Secretary”.

Subsec. (g)(8)(C). Puspan. L. 103–182, § 411(4)(L), substituted “of a determination under article 1904 of the NAFTA or the Agreement” for “under article 1904 of the Agreement of a determination”.

Subsec. (g)(9). Puspan. L. 103–182, § 411(4)(M), inserted “of the NAFTA or” after “chapter 19”.

Subsec. (g)(10). Puspan. L. 103–182, § 411(4)(N), substituted “Government of the relevant FTA country received notice of the determination under paragraph 4 of article 1904 of the NAFTA or the Agreement” for “Government of Canada received notice of the determination under article 1904(4) of the Agreement”.

Subsec. (g)(11), (12). Puspan. L. 103–182, § 411(4)(O), added pars. (11) and (12).

1990—Subsec. (a)(5)(A). Puspan. L. 101–382, § 134(a)(3)(A)(i), added subpar. (A) and struck out former subpar. (A) which read as follows: “the date of publication in the Federal Register of—

“(i) notice of any determination described in paragraph (1)(B) or a determination described in clause (ii) or (iii) of paragraph (2)(B), or

“(ii) an antidumping or countervailing duty order based upon any determination described in clause (i) of paragraph (2)(B), or”.

Subsec. (a)(5)(C). Puspan. L. 101–382, § 134(a)(3)(A)(ii), added subpar. (C).

Subsec. (g)(3)(A)(iv). Puspan. L. 101–382, § 134(a)(3)(B)(i), added cl. (iv).

Subsec. (g)(3)(B). Puspan. L. 101–382, § 134(a)(3)(B)(ii), inserted “or (iv)” after “subparagraph (A)(i)”.

1988—Subsec. (a)(5). Puspan. L. 100–449, § 401(a), temporarily added par. (5). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (span)(3). Puspan. L. 100–449, § 401(d), temporarily added par. (3). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (f)(5) to (7). Puspan. L. 100–449, § 401(span), temporarily added pars. (5) to (7). See Effective and Termination Dates of 1988 Amendment note below.

Subsec. (g). Puspan. L. 100–449, § 401(c), temporarily added subsec. (g). See Effective and Termination Dates of 1988 Amendment note below.

1986—Subsec. (a)(3). Puspan. L. 99–514 substituted “(2)(A)(i)(II)” for “(2)(A)(ii)”.

1984—Subsec. (a)(1). Puspan. L. 98–573, § 623(a)(1), amended par. (1) generally, and thereby struck out the designation “(A)” before “Within 30 days”, redesignated former cls. (i) to (iii) as subpars. (A) to (C), respectively, in subpar. (A) as so redesignated struck out references to the Secretary and to section 1303(a)(3) of this title, in subpar. (B) as so redesignated struck out reference to the administering authority and to review of agreements based on changed circumstances, and struck out former subpar. (B), relating to a right of judicial review of certain determinations of the administering authority within 10 days after publication of notice of the determination in the Federal Register.

Subsec. (a)(2)(A). Puspan. L. 98–573, § 623(a)(2), inserted the designation “(i)” before “the date of publication in the Federal Register of”, redesignated cls. (i) and (ii) as subcls. (I) and (II), respectively, and added cl. (ii).

Subsec. (a)(2)(B)(i). Puspan. L. 98–573, § 623(a)(3), amended cl. (i) generally and thereby struck out provisions referring to final affirmative determinations by the Secretary and by the Commission under section 1303 of this title, and inserted reference to any negative part of decisions under section 1671d or 1673d of this title.

Subsec. (a)(2)(B)(ii). Puspan. L. 98–573, § 623(a)(3), amended cl. (ii) generally and thereby struck out references to the Secretary and to section 1303 of this title and inserted provision relating to any part of a final affirmative determination which specifically excludes any company or product.

Subsec. (a)(2)(B)(iii). Puspan. L. 98–573, § 623(a)(3), amended cl. (iii) generally and thereby substituted provisions relating to final determinations by the administering authority or the Commission for provisions relating to determinations by the Secretary, the administering authority, or the Commission.

Subsec. (a)(2)(B)(iv). Puspan. L. 98–573, § 623(a)(3), amended cl. (iv) generally and thereby inserted provision relating to any final determination resulting from a continued investigation which changes the size of the dumping margin or net subsidy calculated, or the reasoning underlying such calculations, at the time the suspension agreement was concluded.

Subsec. (a)(2)(B)(vi). Puspan. L. 98–573, § 623(a)(3), added cl. (vi).

Subsec. (a)(3), (4). Puspan. L. 98–573, § 623(a)(4), added par. (3) and redesignated former par. (3) as (4).

1982—Subsecs. (c)(1), (e). Puspan. L. 97–164 substituted “Court of Appeals for the Federal Circuit” for “Court of Customs and Patent Appeals”.

1980—Subsec. (a)(1). Puspan. L. 96–417, § 608(a), inserted subpar. “(A) Thirty-day review” span; redesignated as cls. (i), (ii), and (iii) of subpar. (A) provisions formerly designated as subpars. (A), (C), and (D) of par. (1); inserted subpar. “(B) Ten-day review” span and its introductory text; redesignated as cls. (i) and (ii) of subpar. (B) provisions formerly designated as subpars. (B) and (E) of par. (1), thus substituting ten-day for thirty-day review for such clauses; enacted provision respecting commencement of action by an interested party following subpars. (A) and (B), formerly enacted following only par. (1); and redesignated the United States Customs Court as the United States Court of International Trade in the latter provisions.

Subsec. (a)(2)(A). Puspan. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade.

Subsec. (a)(3). Puspan. L. 96–542 substituted “chapter 169 of title 28” for “subsections (span), (c), and (e) of chapter 169 of title 28”.

Puspan. L. 96–417, § 608(span), substituted “chapter 169 of title 28” for “section 2632 of title 28”.

Subsec. (c)(1), (2). Puspan. L. 96–417, §§ 601(7), 608(c), redesignated in pars. (1) and (2) the United States Customs Court as the United States Court of International Trade and deleted from par. (2) the criteria to be considered in ruling on an injunction, namely, the party likely to prevail, irreparable harm, public interest, and greater harm.

Subsec. (d). Puspan. L. 96–417, §§ 601(7), 608(d), redesignated the United States Customs Court as the United States Court of International Trade and substituted requirement for notification of “all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court” for prior notice requirement to “all interested parties of the filing of an action pursuant to this section”.

Subsec. (e). Puspan. L. 96–417, § 601(7), redesignated the United States Customs Court as the United States Court of International Trade.

Statutory Notes and Related Subsidiaries

Effective Date of 2020 Amendment

Puspan. L. 116–113, title IV, § 432, Jan. 29, 2020, 134 Stat. 66, provided that: “The provisions of this title [enacting section 4601 of this title and amending this section, sections 1677, 1677f, and 4374 of this title, and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure] and the amendments made by this title shall take effect on the date on which the USMCA enters into force [July 1, 2020], 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.”

[For definition of “USMCA” as used in section 432 of Puspan. L. 116–113, set out above, see section 4502 of this title. For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Puspan. L. 116–113, see section 4601 of this title.]

Effective Date of 1994 Amendment

Amendment by section 129(e) of Puspan. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 130 of Puspan. L. 103–465, set out as an Effective Date note under section 3531 of this title.

Amendment by sections 220(span), 270(a)(1)(N), and 271(span) of Puspan. L. 103–465 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 of Puspan. L. 103–465, set out as a note under section 1671 of this title.

Effective Date of 1993 Amendment

Amendment by Puspan. L. 103–182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], but not applicable to any final determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or (iii) of this title, notice of which is published in the Federal Register before such date, or to a determination described in section 1516a(a)(2)(B)(vi) of this title, notice of which is received by the Government of Canada or Mexico before such date, or to any binational panel review under the United States-Canada Free-Trade Agreement, or to any extraordinary challenge arising out of any such review, that was commenced before such date, see section 416 of Puspan. L. 103–182, formerly set out as an Effective Date note under former section 3431 of this title.

Effective and Termination Dates of 1988 Amendment

Amendment by Puspan. L. 100–449 effective on date United States-Canada Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to have effect on date Agreement ceases to be in force, see section 501(a), (c) of Puspan. L. 100–449, set out in a note under section 2112 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–573 applicable with respect to civil actions pending on, or filed on or after, Oct. 30, 1984, see section 626(span)(2) of Puspan. L. 98–573, set out as a note under section 1671 of this title.

Effective Date of 1982 Amendment

Amendment by Puspan. L. 97–164 effective Oct. 1, 1982, see section 402 of Puspan. L. 97–164, set out as a note under section 171 of Title 28, Judiciary and Judicial Procedure.

Effective Date of 1980 Amendments

Puspan. L. 96–542, § 3, Dec. 17, 1980, 94 Stat. 3210, provided that: “The amendments made by this Act [amending this section and provisions set out as a note under section 251 of Title 28, Judiciary and Judicial Procedure] shall be effective as of November 1, 1980.”

Amendment by Puspan. L. 96–417 effective Nov. 1, 1980, and applicable with respect to civil actions pending on or commenced on or after such date, see section 701(a) of Puspan. L. 96–417, set out as a note under section 251 of title 28.

Effective Date; Transitional Rules

Puspan. L. 96–39, title X, § 1002, July 26, 1979, 93 Stat. 306, provided that:

“(a)Effective Date.—The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall take effect on that date (hereinafter in this section referred to as the ‘effective date’) on which title VII of the Tariff Act of 1930 [subtitle IV of this chapter] (as added by title I of this Act) takes effect [Jan. 1, 1980]; and section 515(a) of such Act of 1930 [section 1515(a) of this title] (as amended by section 1001(span)(2)) shall apply with respect to any denial, in whole or in part, of a protest filed under section 514 of such Act of 1930 [section 1514 of this title] on or after the effective date.

“(span)Transitional Rules.—

“(1)Certain protests, petitions, actions, etc.—The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall not apply with respect to—

“(A) any protest, petition, or notice of desire to contest filed before the effective date [Jan. 1, 1980] under section 514, 516(a), or 516(d), respectively, of the Tariff Act of 1930 [section 1514, 1516(a), or 1516(d) of this title];

“(B) any civil action commenced before the effective date [Jan. 1, 1980] under section 2632 of title 28 of the United States Code; or

“(C) any civil action commenced after the effective date [Jan. 1, 1980] under such section 2632 if the protest, petition, or notice of desire to contest (under section 514, 516(a), or 516(d), respectively, of the Tariff Act of 1930) on which such action is based was filed before such effective date.

“(2)Law to be applied for purposes of such actions.—Notwithstanding the repeal of the Antidumping Act, 1921 [sections 160 to 171 of this title], by section 106(a) of this Act, and the amendment of section 303 of the Tariff Act of 1930 [section 1303 of this title] by section 103 of this Act, the law in effect on the date of any finding or determination contested in a civil action described in subparagraph (A), (B), or (C) of paragraph (1) shall be applied for purposes of that action.

“(3)Certain countervailing and antidumping duty assessments.—The amendments made by this title [enacting this section and amending sections 1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall apply with respect to the review of the assessment of, or failure to assess, any countervailing duty or antidumping duty on entries subject to a countervailing duty order or antidumping finding if the assessment is made after the effective date. If no assessment of such duty had been made before the effective date that could serve the party seeking review as the basis of a review of the underlying determination, made by the Secretary of the Treasury or the International Trade Commission before the effective date, on which such order, finding, or lack thereof is based, then the underlying determination shall be subject to review in accordance with the law in effect on the day before the effective date.

“(4)Certain countervailing and antidumping duty determinations.—With respect to any preliminary determination or final determination of the Secretary of the Treasury under section 303 of the Tariff Act of 1930 [section 1303 of this title] or the Antidumping Act, 1921 [sections 160 to 171 of this title], which is treated under section 102 of this Act [set out as a note under section 1671 of this title] as if made under section 703(span), 705(a), 733(span), or 735(a) of the Tariff Act of 1930 [section 1671span(span), 1671d(a), 1673span(span), or 1673d(a) of this title] (as added by title I of this Act) such determinations shall be subject to judicial review in the same manner and to the same extent as if made on the day before the effective date.”

Transfer of Functions

For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Puspan. L. 107–296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Puspan. L. 114–125, and section 802(span) of Puspan. L. 114–125, set out as a note under section 211 of Title 6.

Effect of Termination of USMCA Country Status

For provisions relating to effect of termination of USMCA country status on sections 401 to 432 of Puspan. L. 116–113, see section 4601 of this title.

Plan Amendments Not Required Until January 1, 1989

For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Puspan. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Puspan. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.

Executive Documents

Acceptance by President of Panel and Committee Decisions

For acceptance by President of decisions of binational panels and extraordinary challenge committees in event that subsec. (span)(7)(B) of this section takes effect, see section 2 of Ex. Ord. No. 12889, Dec. 27, 1993, 58 F.R. 69681, set out as a note under former section 3311 of this title.

For provision that in the event that subsec. (g)(7)(B) of this section takes effect, the President accepts, as a whole, all decisions of binational panels and extraordinary challenge committees, see section 3 of Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, set out as a note under section 2112 of this title.