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LegalText 19 U.S.C. § 1677n Antidumping petitions by third countries us united_states_code code_section 19 CUSTOMS DUTIES 4 TARIFF ACT OF 1930 1677n 19 U.S.C. § 1677n current 119-100 2026-06-26 official https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc19@119-100.zip /us/usc/t19/s1677n data/legal/raw/us/code/title-19/usc19.xml 0a43d682fb0755b8a20b22420f1b71d837ba9bfb3433367274fd108931996361 c90da65eeb9b6895d254e48af923eedc3b1275c7e88d986eb56f934bfcdfdf5c a7213c4922d62e3f181c9d8e3d44e0059c418495c7f5451b576804ff5f9064c8 2026-07-04 official
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19 U.S.C. § 1677n - Antidumping petitions by third countries

Text

(a) Filing of petition The government of a WTO member may file with the Trade Representative a petition requesting that an investigation be conducted to determine if—

(1) imports from another country are being sold in the United States at less than fair value, and

(2) an industry in the petitioning country is materially injured by reason of those imports.

(b) Initiation The Trade Representative, after consultation with the administering authority and the Commission and obtaining the approval of the WTO Council for Trade in Goods, shall determine whether to initiate an investigation described in subsection (a).

(c) Determinations Upon initiation of an investigation under this section, the Trade Representative shall request the following determinations be made according to substantive and procedural requirements specified by the Trade Representative, notwithstanding any other provision of this subtitle:

(1) The administering authority shall determine whether imports into the United States of the subject merchandise are being sold at less than fair value.

(2) The Commission shall determine whether an industry in the petitioning country is materially injured by reason of imports of the subject merchandise into the United States.

(d) Public comment An opportunity for public comment shall be provided, as appropriate—

(1) by the Trade Representative, in making the determination required by subsection (b), and

(2) by the administering authority and the Commission, in making the determination required by subsection (c).

(e) Issuance of order If the administering authority makes an affirmative determination under paragraph (1) of subsection (c), and the Commission makes an affirmative determination under paragraph (2) of subsection (c), the administering authority shall issue an antidumping duty order in accordance with section 1673e of this title and take such other actions as are required by section 1673e of this title.

(f) Reviews of determinations For purposes of review under section 1516a of this title or review under section 1675 of this title, if an order is issued under subsection (e), the final determinations of the administering authority and the Commission under this section shall be treated as final determinations made under section 1673d of this title.

(g) Access to information Section 1677f of this title shall apply to investigations under this section, to the extent specified by the Trade Representative, after consultation with the administering authority and the Commission.

(June 17, 1930, ch. 497, title VII, § 783, as added Pub. L. 103465, title II, § 232(a), Dec. 8, 1994, 108 Stat. 4897; amended Pub. L. 104295, § 20(b)(17), Oct. 11, 1996, 110 Stat. 3528.)

Notes

Editorial Notes

Amendments1996—Subsec. (f). Pub. L. 104295 substituted “subsection (e)” for “subsection (d)”.

Statutory Notes and Related Subsidiaries

Effective DateSection 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 Pub. L. 103465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title.