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Code · BILL · 116th Congress · S. 3052 (Introduced in Senate) — To implement the Agreement between the United States of America, the United Mexican States, and Canada attached as an... · Sec. 504

Sec. 504. Dispute settlement in antidumping and countervailing duty cases

1,630 words·~7 min read·/bill/116/s/3052/is/section-504

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Subtitle B of title IV of this Act is amended in the subtitle heading by striking . [reserved] Section 401 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3431 ) is— transferred to subtitle B of title IV of this Act and inserted after the heading (as amended by subsection (a)) of such subtitle; redesignated as section 411; and amended by striking the Agreement and inserting the USMCA . Section 402 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3432 ) is— transferred to subtitle B of title IV of this Act and inserted after section 411 (as inserted and redesignated by subsection (b)); redesignated as section 412; and amended— in subsection (a)— in paragraph (1)— in subparagraph (D), by striking in paragraph 1 and all that follows and inserting in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; and ; in subparagraph (E), by striking chapter 19 and inserting chapter 10 ; and in the matter following subparagraph (E), by striking in paragraph 1 and all that follows through Annex 1904.13 and inserting in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 ; and in paragraph (2)— in the paragraph heading, by striking and all that follows before the period; and under in the text— by striking paragraph 1 of Annex 1901.2 and inserting paragraph 1 of Annex 10–B.1 ; by striking chapter 19 each place it appears and inserting chapter 10 ; and by striking article 1905 and inserting article 10.13 ; in subsection (b)(1)— by striking chapter 19 each place it appears and inserting chapter 10 ; and by striking article 1905 and inserting article 10.13 ; in subsection (c)— in paragraph (1)— by striking chapter 19 each place it appears and inserting chapter 10 ; and by striking article 1905 and inserting article 10.13 ; in paragraph (2)(B)— by striking chapter 19 each place it appears and inserting chapter 10 ; and in clause (i)(II), by striking article 1905 and inserting article 10.13 ; in paragraph (3)— in subparagraph (A)(i), by striking Annex 1901.2 and inserting Annex 10–B.1 ; in subparagraph (A)(ii), by striking under Annex 1904.13 and all that follows and inserting under Annex 10–B.3 and special committees under article 10.13. ; and in subparagraph (B)(i), by striking chapter 19 and inserting chapter 10 ; and in paragraph (4)— in subparagraph (A), by striking chapter 19 and inserting chapter 10 ; and in subparagraph (C)(iv)(III), by striking chapter 19 and inserting chapter 10 ; in subsection (d)— in paragraph (1)— in subparagraph (A), by striking in paragraph 1 and all that follows and inserting in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or ; and in subparagraph (B), by striking chapter 19 and inserting chapter 10 ; in paragraph (2)— in subparagraph (A)(i), by striking in paragraph 1 and all that follows through during and inserting in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during ; in subparagraph (A)(ii)— by striking chapter 19 and inserting chapter 10 ; and by striking the Agreement and inserting the USMCA ; in subparagraph (A)(iii), by striking NAFTA and inserting USMCA ; in subparagraph (B)(i), by striking in paragraph 1 and all that follows and inserting in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or ; and in subparagraph (B)(ii), by striking chapter 19 and inserting chapter 10 ; and in paragraph (3)— in subparagraph (A), by striking in paragraph 1 and all that follows through during and inserting in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during ; and in subparagraph (B), by striking chapter 19 and inserting chapter 10 ; in subsection (e), in the matter preceding paragraph (1)— by striking the Agreement and inserting the USMCA ; by striking between the United States and all that follows through NAFTA country ; and by striking January 3, 1994 and inserting January 3, 2020 ; in subsection (f), by striking chapter 19 and inserting chapter 10 ; in subsection (g), by striking chapter 19 and inserting chapter 10 ; and in subsection (h), by striking chapter 19 and inserting chapter 10 .
Section 403 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3433 ) is— transferred to subtitle B of title IV of this Act and inserted after section 412 (as inserted and redesignated by subsection (c)); redesignated as section 413; and amended in subsection (a), in the matter preceding paragraph (1), by striking under paragraph 13 and all that follows through the committee— and inserting under paragraph 13 of article 10.12, and the allegations before the committee include a matter referred to in paragraph 13(a)(i) of article 10.12, for the purposes of carrying out its functions and duties under Annex 10–B.3, the committee— .
Section 404 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3434 ) is— transferred to subtitle B of title IV of this Act and inserted after section 413 (as inserted and redesignated by subsection (d)); redesignated as section 414; and amended— in the section heading, by striking ; of NAFTA countries in subsection (a)— in paragraph (1), by striking article 1911 and all that follows and inserting article 10.8, of a USMCA country. ; and in paragraph (2), by striking article 1908 and inserting article 10.16 ; in subsection (b), by striking article 1904 and inserting article 10.12 ; and in subsection (c), by striking article 1904 each place it appears and inserting article 10.12 .
Section 405 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3435 ) is— transferred to subtitle B of title IV of this Act and inserted after section 414 (as inserted and redesignated by subsection (e)); redesignated as section 415; and amended— in subsection (a), in the matter preceding paragraph (1), by striking article 1904 and inserting article 10.12 ; in subsection (b), by striking Annex 1904.13 and inserting Annex 10–B.3 ; and in subsection (c), by striking Annex 1905.6 and inserting Annex 10–B.4 .
Section 406 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3436 ) is— transferred to subtitle B of title IV of this Act and inserted after section 415 (as inserted and redesignated by subsection (f)); redesignated as section 416; and amended, in the matter preceding paragraph (1), by striking NAFTA country and inserting USMCA country . Section 407 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3437 ) is— transferred to subtitle B of title IV of this Act and inserted after section 416 (as inserted and redesignated by subsection (g)); redesignated as section 417; and amended— in subsection (a)(1)(A)— by striking the Agreement and inserting the USMCA ; and by striking NAFTA country and inserting USMCA country ; in subsection (c), in the matter following paragraph (3), by striking NAFTA countries and inserting USMCA countries ; and in subsection (d)(3), by striking the Agreement and inserting the USMCA .
Section 408 of the North American Free Trade Agreement Implementation Act ( 19 U.S.C. 3438 ) is— transferred to subtitle B of title IV of this Act and inserted after section 417 (as inserted and redesignated by subsection (h)); redesignated as section 418; and amended— in the matter preceding paragraph (1), by striking the Agreement and all that follows through United States and inserting the USMCA ; and in the flush text, by striking NAFTA country and inserting USMCA country .
The table of contents for this Act is amended by striking the item relating to subtitle B of title IV and inserting the following: Subtitle B—Dispute Settlement Sec. 411. References in subtitle. Sec. 412. Organizational and administrative provisions. Sec. 413. Testimony and production of papers in extraordinary challenges. Sec. 414. Requests for review of determination by competent investigating authorities. Sec. 415. Rules of procedure for panels and committees. Sec. 416. Subsidy negotiations.
Sec. 417. Identification of industries facing subsidized imports. Sec. 418. Treatment of amendments to antidumping and countervailing duty law. . Each transfer, redesignation, and amendment made by this section shall take effect on the date on which the USMCA enters into force, but shall not apply— 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; and to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date. The transfers, redesignations, and amendments made by this section shall not apply, and the provisions of title IV of the North American Free Trade Agreement Implementation Act, as in effect on the day before the date on which the USMCA enters into force, shall continue to apply on and after that date with respect— 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 the date on which the USMCA enters into force; and to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before the date on which the USMCA enters into force.
Connectionstraces to 1
8 references not yet in our index
  • 19 USC 3431
  • 19 USC 3432
  • 19 USC 3433
  • 19 USC 3434
  • 19 USC 3435
  • 19 USC 3436
  • 19 USC 3437
  • 19 USC 3438
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cites case law
Sec. 504
Dispute settlement in antidumping and countervailing duty cases
Cite19 USC 3431
Cite19 USC 3432
Cite19 USC 3433
Cite19 USC 3434
Cite19 USC 3435
Cites 9 · showing 6Cited by 0 across 0 sources
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