Sec. 421. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY CASES
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## SEC. 421 JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY CASES Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended— ####
(1)in subsection (a)— #####
(A)in paragraph (2)(B)(vii), by striking “the Tariff Act of 1930” and inserting “this Act”; and #####
(B)in paragraph (5)(D)(i), by striking “article 1904 of the NAFTA” and inserting “article 10.12 of the USMCA”; ####
(2)in subsection (b)(3)— #####
(A)in the paragraph heading, by striking “nafta or united states-canada” and inserting “united states-canada or usmca”; and #####
(B)in the text, by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; ####
(3)in subsection (f)— #####
(A)in paragraph (6)(A), by striking “article 1908 of the NAFTA” and inserting “article 10.16 of the USMCA”; #####
(B)in paragraph (7)(A), by striking “article 1908 of the NAFTA” and inserting “article 10.16 of the USMCA”; #####
(C)by striking paragraph (8); #####
(D)by redesignating paragraphs
(9)and
(10)as paragraphs
(8)and (9), respectively; #####
(E)in paragraph (9), as redesignated by subparagraph (D), by striking subparagraphs
(A)and
(B)and inserting the following: > > ##### “(A) > > Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada. > > > ##### “(B) > > Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.” > ; and #####
(F)by adding at the end the following: > > #### “(10) USMCA > > The term ‘USMCA’ has the meaning given that term in section 3 of the United States-Mexico-Canada Agreement Implementation Act.” > ; ####
(4)in subsection (g)— #####
(A)in paragraph (2), in the matter preceding subparagraph (A), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; #####
(B)in paragraph (3)(A)— ######
(i)in clause (i), by striking “of the NAFTA or of the Agreement.” and inserting “of the Agreement or article 10.12 of the USMCA;”; ######
(ii)in clause (iii), by striking “the NAFTA or of the Agreement” and inserting “the Agreement or the USMCA”; ######
(iii)in clause (v), by striking “paragraph 12 of article 1905 of the NAFTA” and inserting “article 10.13 of the USMCA”; and ######
(iv)in clause (vi), by striking “paragraph 12 of article 1905 of the NAFTA” and inserting “article 10.13 of the USMCA”; #####
(C)in paragraph (4)(A), by striking “the North American Free Trade Agreement” and all that follows through “chapter 19 of the Agreement” and inserting “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”; #####
(D)in paragraph (5)— ######
(i)in subparagraph (A), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; ######
(ii)in subparagraph (B), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; and ######
(iii)in subparagraph (C)— ######
(I)in clause (i), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; and ######
(II)in clause (iii), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or chapter 10 of the USMCA”; #####
(E)in paragraph (6), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; #####
(F)in paragraph (7)— ######
(i)in the paragraph heading, by striking “of the nafta or the agreement” and inserting “of the agreement or article 10.12 of the usmca”; and ######
(ii)in subparagraph (A), by striking “the NAFTA or the Agreement” and inserting “article 1904 of the Agreement or article 10.12 of the USMCA”; #####
(G)in paragraph (8)— ######
(i)in subparagraph (A)— ######
(I)in clause (i), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; and ######
(II)in clause (ii)— ######
(aa)in the clause heading, by striking “nafta” and inserting “usmca”; and ######
(bb)in the text, by striking “paragraph 11(a) of article 1905 of the NAFTA” and inserting “article 10.13 of the USMCA”; and ######
(ii)in subparagraph (C), by striking “of the NAFTA or the Agreement” and inserting “of the Agreement or article 10.12 of the USMCA”; #####
(H)in paragraph (9), by striking “of the NAFTA or of the Agreement” and inserting “of the Agreement or chapter 10 of the USMCA”; #####
(I)in paragraph (10), by striking “the NAFTA or the Agreement” and inserting “the Agreement or under article 10.12 of the USMCA”; #####
(J)by striking paragraph
(11)and inserting the following: > > #### “(11) Suspension and termination of suspension of article 10.12 of the usmca > > > ##### “(A) Suspension > > If a special committee established under article 10.13 of the USMCA issues an affirmative finding, the Trade Representative may, in accordance with article 10.13 of the USMCA, suspend the operation of article 10.12 of the USMCA. > > > ##### “(B) Termination of suspension > > If a special committee is reconvened and makes an affirmative determination described in article 10.13 of the USMCA, any suspension of the operation of article 10.12 of the USMCA shall terminate.” > ; and #####
(K)in paragraph (12)— ######
(i)in the paragraph heading, by striking “nafta” and inserting “usmca”; ######
(ii)by striking subparagraph
(A)and inserting the following: > > ##### “(A) Notice of suspension or termination of suspension of article 10.12 of the usmca > > > ###### “(i) Notice of suspension > > Upon notification by the Trade Representative or the government of a country described in subparagraph
(A)or
(B)of subsection (f)(9) that the operation of article 10.12 of the USMCA has been suspended in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of suspension of article 10.12 of the USMCA. > > > ###### “(ii) Notice of termination of suspension > > Upon notification by the Trade Representative or the government of a country described in subparagraph
(A)or
(B)of subsection (f)(9) that the suspension of the operation of article 10.12 of the USMCA is terminated in accordance with article 10.13 of the USMCA, the United States Secretary shall publish in the Federal Register a notice of termination of suspension of article 10.12 of the USMCA.” > ; ######
(iii)in subparagraph (B)— ######
(I)in the subparagraph heading, by striking “article 1904” and inserting “article 10.12 of the usmca”; and ######
(II)in the matter preceding clause (i), by striking “If” and all that follows through “NAFTA—” and inserting the following: “If the operation of article 10.12 of the USMCA is suspended in accordance with article 10.13 of the USMCA—”; ######
(iv)in subparagraph (C)— ######
(I)in clause (i)— ######
(aa)in the matter preceding subclause (I), by striking “if the United States” and all that follows through “NAFTA—” and inserting the following: “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—”; and ######
(bb)in subclause (I), by striking “subsection (f)(10)(A) or (B)” and inserting “subparagraph
(A)or
(B)of subsection (f)(9)”; and ######
(II)in clause (ii), in the matter preceding subclause (I), by striking “if a country” and all that follows through “NAFTA—” and inserting the following: “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—”; and ######
(v)in subparagraph (D)(i), by striking “a country described” and all that follows through “NAFTA” and inserting “a country described in subparagraph
(A)or
(B)of subsection (f)(9) pursuant to article 10.13 of the USMCA”.
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Sec. 421
JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY CASES
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