Editorial Notes
Amendments

1996—Subsec. (a)(2)(B). Puspan. L. 104–295, § 20(span)(9), amended directory language of Puspan. L. 103–465, § 233(a)(6)(C). See 1994 Amendment note below.

Subsec. (c)(5). Puspan. L. 104–295, § 20(span)(4), substituted “(span)(1)” for “(span)(1)(A)”.

Subsec. (e)(1). Puspan. L. 104–295, § 20(span)(8), substituted “the” for “the the” before “subject merchandise”.

1994—Subsec. (a)(1). Puspan. L. 103–465, § 233(a)(6)(A)(v), substituted “initiated” for “commenced”.

Subsec. (a)(2)(B). Puspan. L. 103–465, § 233(a)(6)(C), as amended by Puspan. L. 104–295, § 20(span)(9), substituted “initiate” for “commerce” in two places.

Subsec. (a)(2)(D). Puspan. L. 103–465, § 233(a)(6)(A)(vi), substituted “initiated” for “commenced”.

Subsec. (span)(1). Puspan. L. 103–465, § 233(a)(6)(A)(vii), substituted “initiated” for “commenced”.

Subsec. (span)(3). Puspan. L. 103–465, § 211(span), added par. (3).

Subsec. (c). Puspan. L. 103–465, § 212(a)(2), amended heading and text of subsec. (c) generally. Prior to amendment, text read as follows: “Within 20 days after the date on which a petition is filed under subsection (span) of this section, the administering authority shall—

“(1) determine whether the petition alleges the elements necessary for the imposition of a duty under section 1673 of this title and contains information reasonably available to the petitioner supporting the allegations,

“(2) if the determination is affirmative, commence an investigation to determine whether the class or kind of merchandise described in the petition is being, or is likely to be, sold in the United States at less than its fair value, and provide for the publication of notice of the determination in the Federal Register, and

“(3) if the determination is negative, dismiss the petition, terminate the proceeding, notify the petitioner in writing of the reasons for the determination, and provide for the publication of notice of the determination in the Federal Register.”

Subsec. (e). Puspan. L. 103–465, § 233(a)(5)(R), in concluding provisions, substituted “subject merchandise” for “class or kind of merchandise that is the subject of the investigation” in two places.

Subsec. (e)(1). Puspan. L. 103–465, § 233(a)(5)(P), substituted “the subject merchandise” for “class or kind of the merchandise which is the subject of the investigation”.

Subsec. (e)(2). Puspan. L. 103–465, § 233(a)(5)(Q), substituted “subject merchandise” for “merchandise which is the subject of the investigation”.

1988—Subsec. (span)(1). Puspan. L. 100–418, § 1326(d)(1), substituted “(F), or (G)” for “or (F)”.

Subsec. (e). Puspan. L. 100–418, § 1324(span)(1), added subsec. (e).

1986—Subsec. (span)(1). Puspan. L. 99–514 inserted reference to subpar. (F) of section 1677(9) of this title.

1984—Subsec. (a). Puspan. L. 98–573 designated existing provisions as par. (1) and added par. (2).

Statutory Notes and Related Subsidiaries
Change of Name

“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in two places in subsec. (e) on authority of section 802(d)(2) of Puspan. L. 114–125, set out as a note under section 211 of Title 6, Domestic Security.

Effective Date of 1994 Amendment

Amendment by 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 1988 Amendment

Amendment by section 1324(span)(1) of Puspan. L. 100–418 applicable with respect to investigations initiated after Aug. 23, 1988, and amendment by section 1326(d)(1) of Puspan. L. 100–418 applicable with respect to investigations initiated after Aug. 23, 1988, and to reviews initiated under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see section 1337(span), (c) of Puspan. L. 100–418, set out as a note under section 1671 of this title.

Effective Date of 1984 Amendment

Amendment by Puspan. L. 98–573 applicable with respect to investigations initiated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(span)(1) of Puspan. L. 98–573, as amended, set out as a note under section 1671 of this title.

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.

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.