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

The Caribbean Basin Economic Recovery Act, referred to in par. (7)(G)(ii)(III), is title II of Puspan. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to chapter 15 (§ 2701 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 2701 of this title and Tables.

The Harmonized Tariff Schedule of the United States, referred to in par. (20)(A), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.

Section 1303 of this title, referred to in pars. (20)(A), (25), and (26), was repealed, effective Jan. 1, 1995, by Puspan. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908. For savings provisions and treatment of references to section 1303 in other laws, see section 261(span), (d)(1)(C) of Puspan. L. 103–465, set out as notes under section 1303 of this title.

The Antidumping Act, 1921, referred to in par. (25), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was repealed by Puspan. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193.

For the effective date of title II of the Uruguay Round Agreements Act, referred to in par. (26), as Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under section 1671 of this title.

2020—Par. (22). Puspan. L. 116–113 added par. (22) and struck out former par. (22) which defined “NAFTA” as the North American Free Trade Agreement.

2015—Par. (7)(C)(iii)(I). Puspan. L. 114–27, § 503(span), amended subcl. (I) generally. Prior to amendment, subcl. (I) read as follows: “actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity,”.

Par. (7)(C)(iv)(I) to (III). Puspan. L. 114–27, § 503(c), inserted “and” at end of subcl. (I), struck out “and” after comma at end of subcl. (II), and struck out subcl. (III) which read as follows: “the production of the domestic like product sold in the merchant market is not generally used in the production of that downstream article,”.

Par. (7)(J). Puspan. L. 114–27, § 503(a), added subpar. (J).

Par. (15)(C). Puspan. L. 114–27, § 504(a), added subpar. (C).

1996—Par. (16)(C)(i). Puspan. L. 104–295, § 20(span)(7), which directed substitution of “subject merchandise” for “merchandise which is the subject of the investigation” in subpar. (B)(i), was executed by making the substitution in subpar. (C)(i) to reflect the probable intent of Congress.

Par. (30). Puspan. L. 104–295, § 20(span)(14), substituted “Agreement” for “agreement” after “applies the WTO”.

1994—Par. (1). Puspan. L. 103–465, § 233(span)(2), substituted “Secretary of Commerce” for “Secretary of the Treasury”.

Par. (4)(A). Puspan. L. 103–465, § 222(a)(1), amended heading and text of subpar. (A) generally. Prior to amendment, text read as follows: “The term ‘industry’ means the domestic producers as a whole of a like product, or those producers whose collective output of the like product constitutes a major proportion of the total domestic production of that product; except that in the case of wine and grape products subject to investigation under this subtitle, the term also means the domestic producers of the principal raw agricultural product (determined on either a volume or value basis) which is included in the like domestic product, if those producers allege material injury, or threat of material injury, as a result of imports of such wine and grape products.”

Par. (4)(B). Puspan. L. 103–465, § 222(a)(1), amended heading and text of subpar. (B) generally. Prior to amendment, text read as follows: “When some producers are related to the exporters or importers, or are themselves importers of the allegedly subsidized or dumped merchandise, the term ‘industry’ may be applied in appropriate circumstances by excluding such producers from those included in that industry.”

Par. (4)(C). Puspan. L. 103–465, § 270(c)(2), in concluding provisions, substituted “dumped imports or imports of merchandise benefiting from a countervailable subsidy” for “subsidized or dumped imports” in two places.

Puspan. L. 103–465, §§ 222(a)(2), 233(a)(3)(A)(i), substituted “domestic like product” for “like product” in cl. (i) and concluding provisions, and inserted at end of concluding provisions “The term ‘regional industry’ means the domestic producers within a region who are treated as a separate industry under this subparagraph.”

Par. (4)(D). Puspan. L. 103–465, §§ 233(a)(3)(A)(i), 270(c)(2), substituted “domestic like product” for “like product” wherever appearing and “dumped imports or imports of merchandise benefiting from a countervailable subsidy” for “subsidized or dumped imports” in two places.

Pars. (5) to (5B). Puspan. L. 103–465, § 251(a), added pars. (5) to (5B), and struck out former par. (5) which defined “subsidy”.

Par. (6). Puspan. L. 103–465, § 251(span), inserted “countervailable” before “subsidy” wherever appearing in heading and text.

Par. (7)(B)(i)(I). Puspan. L. 103–465, § 233(a)(5)(BB), substituted “subject merchandise” for “merchandise which is the subject of the investigation”.

Par. (7)(B)(i)(II), (III), (C)(ii)(I). Puspan. L. 103–465, § 233(a)(3)(B), substituted “domestic like products” for “like products”.

Par. (7)(C)(iii). Puspan. L. 103–465, § 222(span)(3), substituted “subparagraph (B)(i)(III)” for “subparagraph (B)(iii)” in introductory provisions.

Par. (7)(C)(iii)(IV). Puspan. L. 103–465, § 233(a)(3)(A)(ii), substituted “domestic like product” for “like product”.

Par. (7)(C)(iii)(V). Puspan. L. 103–465, § 222(span)(1), added subcl. (V).

Par. (7)(C)(iv). Puspan. L. 103–465, § 222(span)(2), added cl. (iv) and struck out former cl. (iv) which directed that Commission cumulatively assess volume and effect of imports from two or more countries of like products subject to investigation if such imports compete with each other and with like products of domestic industry in United States market, with an exception for imports which are products of country designated as beneficiary country under Caribbean Basin Economic Recovery Act.

Par. (7)(C)(v). Puspan. L. 103–465, § 222(d)(1), struck out heading and text of cl. (v). Prior to amendment, text read as follows: “The Commission is not required to apply clause (iv) or subparagraph (F)(iv) in any case in which the Commission determines that imports of the merchandise subject to investigation are negligible and have no discernable adverse impact on the domestic industry. For purposes of making such determination, the Commission shall evaluate all relevant economic factors regarding the imports, including, but not limited to, whether—

“(I) the volume and market share of the imports are negligible,

“(II) sales transactions involving the imports are isolated and sporadic, and

“(III) the domestic market for the like product is price sensitive by reason of the nature of the product, so that a small quantity of imports can result in price suppression or depression.

For purposes of this clause, the Commission may treat as negligible and having no discernable adverse impact on the domestic industry imports that are the product of any country that is a party to a free trade area agreement with the United States which entered into force and effect before January 1, 1987, if the Commission determines that the domestic industry is not being materially injured by reason of such imports.”

Par. (7)(E)(i). Puspan. L. 103–465, § 266, amended heading and text of cl. (i) generally. Prior to amendment, text read as follows: “In determining whether there is a threat of material injury, the Commission shall consider such information as may be presented to it by the administering authority as to the nature of the subsidy (particularly as to whether the subsidy is an export subsidy inconsistent with the Agreement) provided by a foreign country and the effects likely to be caused by the subsidy.”

Par. (7)(F)(i), (ii). Puspan. L. 103–465, § 222(c), amended cls. (i) and (ii) generally, substituting present provisions for provisions which listed factors in determining as well as basis for determining that an industry is threatened with material injury by reason of imports (or sales for importation) of the subject merchandise.

Par. (7)(F)(iii)(I), (II). Puspan. L. 103–465, § 233(span)(1)(A), in subcl. (I), substituted “WTO member” for “GATT member”, and in subcl. (II), substituted “WTO member” for “GATT member” in heading and text before “market”, and “WTO member.” for “signatory to The Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (relating to antidumping measures).”

Par. (7)(F)(iv). Puspan. L. 103–465, § 222(e)(1), struck out heading and text of cl. (iv). Prior to amendment, text read as follows: “To the extent practicable and subject to subparagraph (C)(iv)(II) and (v), for purposes of clause (i)(III) and (IV) the Commission may cumulatively assess the volume and price effects of imports from two or more countries if such imports—

“(I) compete with each other, and with like products of the domestic industry, in the United States market, and

“(II) are subject to any investigation under section 1303, 1671, or 1673 of this title.”

Par. (7)(G), (H). Puspan. L. 103–465, § 222(e)(2), added subpars. (G) and (H).

Par. (7)(I). Puspan. L. 103–465, § 222(f), added subpar. (I).

Par. (8). Puspan. L. 103–465, § 270(e), amended heading and text of par. (8) generally. Prior to amendment, text read as follows: “The terms ‘Agreement on Subsidies and Countervailing Measures’ and ‘Agreement’ mean the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade (relating to subsidies and countervailing measures) approved under section 2503(a) of this title.”

Par. (9)(A). Puspan. L. 103–465, §§ 222(g)(1), 233(a)(5)(CC), substituted “subject merchandise” for “merchandise which is the subject of an investigation under this subtitle” and inserted “producers, exporters, or” before “importers”.

Par. (9)(B). Puspan. L. 103–465, § 222(g)(2), inserted “or from which such merchandise is exported” after “manufactured”.

Par. (9)(C) to (F). Puspan. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product”.

Par. (10). Puspan. L. 103–465, § 233(a)(3)(A)(iii), substituted “domestic like product” for “like product” in heading and text.

Par. (11). Puspan. L. 103–465, § 221(span), inserted “, including a determination under section 1675 of this title,” after “determination by the Commission” in introductory provisions.

Par. (13). Puspan. L. 103–465, § 222(i)(2), struck out heading and text of par. (13). Text read as follows: “For the purpose of determining United States price, the term ‘exporter’ includes the person by whom or for whose account the merchandise is imported into the United States if—

“(A) such person is the agent or principal of the exporter, manufacturer, or producer;

“(B) such person owns or controls, directly or indirectly, through stock ownership or control or otherwise, any interest in the business of the exporter, manufacturer, or producer;

“(C) the exporter, manufacturer, or producer owns or controls, directly or indirectly, through stock ownership or control or otherwise, any interest in any business conducted by such person; or

“(D) any person or persons, jointly or severally, directly or indirectly, through stock ownership or control or otherwise, own or control in the aggregate 20 percent or more of the voting power or control in the business carried on by the person by whom or for whose account the merchandise is imported into the United States, and also 20 percent or more of such power or control in the business of the exporter, manufacturer, or producer.”

Par. (15). Puspan. L. 103–465, § 222(h), substituted “subject merchandise” for “merchandise which is the subject of an investigation” and inserted at end “The administering authority shall consider the following sales and transactions, among others, to be outside the ordinary course of trade:

“(A) Sales disregarded under section 1677span(span)(1) of this title.

“(B) Transactions disregarded under section 1677span(f)(2) of this title.”

Par. (16). Puspan. L. 103–465, § 233(a)(4), substituted “Foreign like product” for “Such or similar merchandise” as heading and “foreign like product” for “such or similar merchandise” in introductory provisions.

Par. (16)(A). Puspan. L. 103–465, § 233(a)(5)(DD), substituted “subject merchandise” for “merchandise which is the subject of an investigation”.

Par. (16)(B)(i). Puspan. L. 103–465, § 233(a)(5)(EE), which directed the substitution of “subject merchandise” for “merchandise which is the subject of an investigation”, was executed by making the substitution for text which contained the words “the investigation” rather than “an investigation”, to reflect the probable intent of Congress.

Par. (17). Puspan. L. 103–465, § 233(a)(5)(FF), substituted “subject merchandise” for “merchandise which is the subject of the investigation”.

Par. (24). Puspan. L. 103–465, § 222(d)(2), added par. (24).

Pars. (25) to (34). Puspan. L. 103–465, § 222(i)(1), added pars. (25) to (34).

Par. (35). Puspan. L. 103–465, § 229(span), added par. (35).

Par. (36). Puspan. L. 103–465, § 267, added par. (36).

1993—Pars. (18), (21). Puspan. L. 103–182, § 412(span)(1), redesignated par. (18), relating to United States-Canada Agreement, as (21).

Par. (22). Puspan. L. 103–182, § 412(span)(2), added (22).

Par. (23). Puspan. L. 103–182, § 637(span), added par. (23).

1990—Par. (7)(C)(iv). Puspan. L. 101–382, § 224(a), amended cl. (iv) generally. Prior to amendment, cl. (iv) read as follows: “For purposes of clauses (i) and (ii), the Commission shall cumulatively assess the volume and effect of imports from two or more countries of like products subject to investigation if such imports compete with each other and with like products of the domestic industry in the United States market.”

Par. (7)(F)(iv). Puspan. L. 101–382, § 224(span), substituted “(C)(iv)(II) and (v)” for “(C)(v)”.

Par. (20)(A). Puspan. L. 101–382, § 139(a)(3), substituted “chapter 98 of the Harmonized Tariff Schedule” for “schedule 8 of the Tariff Schedules”.

1988—Par. (4)(E). Puspan. L. 100–418, § 1326(a), added subpar. (E).

Par. (5). Puspan. L. 100–418, § 1312, amended par. (5) generally. Prior to amendment, par. (5) read as follows: “The term ‘subsidy’ has the same meaning as the term ‘bounty or grant’ as that term is used in section 1303 of this title, and includes, but is not limited to, the following:

“(A) Any export subsidy described in Annex A to the Agreement (relating to illustrative list of export subsidies).

“(B) The following domestic subsidies, if provided or required by government action to a specific enterprise or industry, or group of enterprises or industries, whether publicly or privately owned, and whether paid or bestowed directly or indirectly on the manufacture, production, or export of any class or kind of merchandise:

“(i) The provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations.

“(ii) The provision of goods or services at preferential rates.

“(iii) The grant of funds or forgiveness of debt to cover operating losses sustained by a specific industry.

“(iv) The assumption of any costs or expenses of manufacture, production, or distribution.”

Par. (7)(B). Puspan. L. 100–418, § 1328(1), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “In making its determinations under sections 1671span(a), 1671d(span), 1673span(a), and 1673d(span) of this title, the Commission shall consider, among other factors—

“(i) the volume of imports of the merchandise which is the subject of the investigation,

“(ii) the effect of imports of that merchandise on prices in the United States for like products, and

“(iii) the impact of imports of such merchandise on domestic producers of like products.”

Par. (7)(C). Puspan. L. 100–418, § 1328(2), in heading substituted “relevant factors” for “volume and of price effects”, in cl. (ii)(I) substituted “underselling” for “undercutting”, and in cl. (iii) inserted “domestic” in heading and amended text generally. Prior to amendment, text of cl. (iii) read as follows: “In examining the impact on the affected industry, the Commission shall evaluate all relevant economic factors which have a bearing on the state of the industry, including, but not limited to—

“(I) actual and potential decline in output, sales, market share, profits, productivity, return on investments, and utilization of capacity,

“(II) factors affecting domestic prices, and

“(III) actual and potential negative effects on cash flow, inventories, employment, wages, growth, ability to raise capital, and investment.”

Par. (7)(C)(v). Puspan. L. 100–418, § 1330(span), added cl. (v).

Par. (7)(F)(i)(IX). Puspan. L. 100–418, § 1326(span), which directed that par. (7)(F) be amended by adding subcl. (IX), was executed by adding subcl. (IX) to par. (7)(F)(i) to reflect the probable intent of Congress.

Par. (7)(F)(i)(X). Puspan. L. 100–418, § 1329(1)–(3), added subcl. (X).

Par. (7)(F)(iii). Puspan. L. 100–418, § 1329(4), added cl. (iii).

Par. (7)(F)(iv). Puspan. L. 100–418, § 1330(a), added cl. (iv).

Par. (9)(G). Puspan. L. 100–418, § 1326(c), added subpar. (G).

Par. (18). Puspan. L. 100–449 temporarily added par. (18) relating to United States-Canada Agreement. See Effective and Termination Dates of 1988 Amendment note below.

Puspan. L. 100–418, § 1316(span), added par. (18) relating to nonmarket economy country.

Par. (19). Puspan. L. 100–647 redesignated par. (19), relating to application to governmental importations, as (20).

Puspan. L. 100–418, § 1335, added par. (19) relating to application to governmental importations.

Puspan. L. 100–418, § 1327, added par. (19) relating to equivalency of leases to sales.

Par. (20). Puspan. L. 100–647 redesignated par. (19), relating to application to governmental importations, as (20).

1986—Par. (7)(F)(i). Puspan. L. 99–514 substituted “the merchandise” for “any merchandise” in introductory provisions and “final orders” for “find orders” in subcl. (VIII).

1984—Par. (4)(A). Puspan. L. 98–573, § 612(a)(1), inserted provision that in the case of wine and grape products subject to investigation under this subtitle, the term also means the domestic producers of the principal raw agricultural product (determined on either a volume or value basis) which is included in the like domestic product, if those producers allege material injury, or threat of material injury, as a result of imports of such wine and grape products.

Par. (7)(C)(iv). Puspan. L. 98–623, § 612(a)(2)(A), added cl. (iv).

Par. (7)(F). Puspan. L. 98–573, § 612(a)(2)(B), added subpar. (F).

Par. (9)(F). Puspan. L. 98–573, § 612(a)(3), added subpar. (F).

Par. (14)(A), (B). Puspan. L. 98–573, § 612(a)(4), substituted “in commercial quantities” for “at wholesale”.

Par. (17). Puspan. L. 98–573, § 612(a)(5), substituted “commercial quantities” for “wholesale quantities”.

“Commissioner of U.S. Customs and Border Protection” substituted for “Commissioner of Customs” in two places in par. (18)(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.

Amendment by Puspan. L. 116–113 effective on the date on which the USMCA enters into force (July 1, 2020), but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, see section 432 of Puspan. L. 116–113, set out as a note under section 1516a of this title.

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.

Amendment by section 412(span) of 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.

Puspan. L. 101–382, title II, § 224(c), Aug. 20, 1990, 104 Stat. 660, provided that:

Amendment by Puspan. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(span) of Puspan. L. 100–647, set out as a note under section 58c of this title.

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.

Amendment by sections 1312, 1316(span), 1326(a)–(c), and 1327–1329 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) of Puspan. L. 100–418, set out as an Effective Date of 1988 Amendment note under section 1671 of this title.

Amendment by section 1330 of Puspan. L. 100–418 applicable with respect to investigations initiated after Aug. 23, 1988, see section 1337(c) of Puspan. L. 100–418.

Amendment by section 1335 of Puspan. L. 100–418 applicable with respect to entries, and withdrawals from warehouse for consumption, that are liquidated on or after Aug. 23, 1988, see section 1337(e) of Puspan. L. 100–418.

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; but provisions of this subtitle not to be interpreted to prevent refiling of a petition under section 1671a or 1673a of this title that was filed before Oct. 30, 1984, if the purpose of refiling was to avail petitioner of amendment of par. (4)(A) of this section by Puspan. L. 98–573, and such amendment of par. (4)(A) inapplicable to petitions filed (or refiled) under section 1671a or 1673a of this title after Sept. 30, 1986, see section 626(span)(1), (c)(1), (2) of Puspan. L. 98–573, as amended, set out as an Effective Date of 1984 Amendment note under section 1671 of this title.

Part effective Jan. 1, 1980, see section 107 of Puspan. L. 96–39, set out as a note under section 1671 of this title.

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.

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.

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.

All functions of the Secretary of the Treasury under this subtitle were transferred to the Secretary of Commerce pursuant to Reorg. Plan No. 3 of 1979, § 5(a)(1)(C), 44 F.R. 69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title, except that the Customs Service of the Department of the Treasury was to accept such deposits, bonds, or other security as deemed appropriate by the Secretary of Commerce, assess and collect such duties as directed by the Secretary of Commerce, and furnish such of its important records or copies thereof as requested by the Secretary incident to the functions transferred.

The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title.