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Code · STATUTE-COMPILATIONS · United States-Mexico-Canada Agreement Implementation Act · Sec. 504

Sec. 504. DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES

1,861 words·~8 min read·/statute-compilations/comps-15732/sec-504

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## SEC. 504 DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES ###
(a)Clerical Amendment Subtitle B of title IV of this Act is amended in the subtitle heading by striking “[reserved]”. ###
(b)References in Subtitle Section 401 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3431) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after the heading (as amended by subsection (a)) of such subtitle; ####
(2)**[**[19 U.S.C. 4581](/us/usc/t19/s4581)**]** redesignated as section 411; and ####
(3)amended by striking “the Agreement” and inserting “the USMCA”. ###
(c)Organizational and Administrative Provisions Section 402 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3432) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after section 411 (as inserted and redesignated by subsection (b)); ####
(2)**[**[19 U.S.C. 4582](/us/usc/t19/s4582)**]** redesignated as section 412; and ####
(3)amended— #####
(A)in subsection (a)— ######
(i)in paragraph (1)— ######
(I)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”; ######
(II)in subparagraph (E), by striking “chapter 19” and inserting “chapter 10”; and ######
(III)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 ######
(ii)in paragraph (2)— ######
(I)in the paragraph heading, by striking “under” and all that follows before the period; and ######
(II)in the text— ######
(aa)by striking “paragraph 1 of Annex 1901.2” and inserting “paragraph 1 of Annex 10-B.1”; ######
(bb)by striking “chapter 19” each place it appears and inserting “chapter 10”; and ######
(cc)by striking “article 1905” and inserting “article 10.13”; #####
(B)in subsection (b)(1)— ######
(i)by striking “chapter 19” each place it appears and inserting “chapter 10”; and ######
(ii)by striking “article 1905” and inserting “article 10.13”; #####
(C)in subsection (c)— ######
(i)in paragraph (1)— ######
(I)by striking “chapter 19” each place it appears and inserting “chapter 10”; and ######
(II)by striking “article 1905” and inserting “article 10.13”; ######
(ii)in paragraph (2)(B)— ######
(I)by striking “chapter 19” each place it appears and inserting “chapter 10”; and ######
(II)in clause (i)(II), by striking “article 1905” and inserting “article 10.13”; ######
(iii)in paragraph (3)— ######
(I)in subparagraph (A)(i), by striking “Annex 1901.2” and inserting “Annex 10-B.1”; ######
(II)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 ######
(III)in subparagraph (B)(i), by striking “chapter 19” and inserting “chapter 10”; and ######
(iv)in paragraph (4)— ######
(I)in subparagraph (A), by striking “chapter 19” and inserting “chapter 10”; and ######
(II)in subparagraph (C)(iv)(III), by striking “chapter 19” and inserting “chapter 10”; #####
(D)in subsection (d)— ######
(i)in paragraph (1)— ######
(I)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 ######
(II)in subparagraph (B), by striking “chapter 19” and inserting “chapter 10”; ######
(ii)in paragraph (2)— ######
(I)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”; ######
(II)in subparagraph (A)(ii)— ######
(aa)by striking “chapter 19” and inserting “chapter 10”; and ######
(bb)by striking “the Agreement” and inserting “the USMCA”; ######
(III)in subparagraph (A)(iii), by striking “NAFTA” and inserting “USMCA”; ######
(IV)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 ######
(V)in subparagraph (B)(ii), by striking “chapter 19” and inserting “chapter 10”; and ######
(iii)in paragraph (3)— ######
(I)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 ######
(II)in subparagraph (B), by striking “chapter 19” and inserting “chapter 10”; #####
(E)in subsection (e), in the matter preceding paragraph (1)— ######
(i)by striking “the Agreement” and inserting “the USMCA”; ######
(ii)by striking “between the United States” and all that follows through “NAFTA country”; and ######
(iii)by striking “January 3, 1994” and inserting “January 3, 2020”; #####
(F)in subsection (f), by striking “chapter 19” and inserting “chapter 10”; #####
(G)in subsection (g), by striking “chapter 19” and inserting “chapter 10”; and #####
(H)in subsection (h), by striking “chapter 19” and inserting “chapter 10”. ###
(d)Testimony and Production of Papers Section 403 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3433) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after section 412 (as inserted and redesignated by subsection (c)); ####
(2)**[**[19 U.S.C. 4583](/us/usc/t19/s4583)**]** redesignated as section 413; and ####
(3)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—”. ###
(e)Requests for Review of Determinations Section 404 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3434) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after section 413 (as inserted and redesignated by subsection (d)); ####
(2)**[**[19 U.S.C. 4584](/us/usc/t19/s4584)**]** redesignated as section 414; and ####
(3)amended— #####
(A)in the section heading, by striking “of nafta countries”; #####
(B)in subsection (a)— ######
(i)in paragraph (1), by striking “article 1911” and all that follows and inserting “article 10.8, of a USMCA country.”; and ######
(ii)in paragraph (2), by striking “article 1908” and inserting “article 10.16”; #####
(C)in subsection (b), by striking “article 1904” and inserting “article 10.12”; and #####
(D)in subsection (c), by striking “article 1904” each place it appears and inserting “article 10.12”. ###
(f)Rules of Procedure for Panels and Committees Section 405 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3435) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after section 414 (as inserted and redesignated by subsection (e)); ####
(2)**[**[19 U.S.C. 4585](/us/usc/t19/s4585)**]** redesignated as section 415; and ####
(3)amended— #####
(A)in subsection (a), in the matter preceding paragraph (1), by striking “article 1904” and inserting “article 10.12”; #####
(B)in subsection (b), by striking “Annex 1904.13” and inserting “Annex 10-B.3”; and #####
(C)in subsection (c), by striking “Annex 1905.6” and inserting “Annex 10-B.4”. ###
(g)Subsidy Negotiations Section 406 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3436) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after section 415 (as inserted and redesignated by subsection (f)); ####
(2)**[**[19 U.S.C. 4586](/us/usc/t19/s4586)**]** redesignated as section 416; and ####
(3)amended, in the matter preceding paragraph (1), by striking “NAFTA country” and inserting “USMCA country”. ###
(h)Identification of Industries Facing Subsidized Imports Section 407 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3437) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after section 416 (as inserted and redesignated by subsection (g)); ####
(2)**[**[19 U.S.C. 4587](/us/usc/t19/s4587)**]** redesignated as section 417; and ####
(3)amended— #####
(A)in subsection (a)(1)(A)— ######
(i)by striking “the Agreement” and inserting “the USMCA”; and ######
(ii)by striking “NAFTA country” and inserting “USMCA country”; #####
(B)in subsection (c), in the matter following paragraph (3), by striking “NAFTA countries” and inserting “USMCA countries”; and #####
(C)in subsection (d)(3), by striking “the Agreement” and inserting “the USMCA”. ###
(i)Treatment of Amendments to Law Section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438) is— ####
(1)transferred to subtitle B of title IV of this Act and inserted after section 417 (as inserted and redesignated by subsection (h)); ####
(2)**[**[19 U.S.C. 4588](/us/usc/t19/s4588)**]** redesignated as section 418; and ####
(3)amended— #####
(A)in the matter preceding paragraph (1), by striking “the Agreement” and all that follows through “United States” and inserting “the USMCA”; and #####
(B)in the flush text, by striking “NAFTA country” and inserting “USMCA country”. ###
(j)Additional Clerical Amendments 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.” ". ###
(k)Effective Date **[**[19 U.S.C. 4581 note](/us/usc/t19/s4581)**]** ####
(1)In general 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— #####
(A)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 #####
(B)to any binational panel review under NAFTA, or any extraordinary challenge arising out of any such review, that was commenced before such date. ####
(2)Transition from nafta 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— #####
(A)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 #####
(B)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.
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