Collapse to view only § 4582. Organizational and administrative provisions
- § 4581. References in part
- § 4582. Organizational and administrative provisions
- § 4583. Testimony and production of papers in extraordinary challenges
- § 4584. Requests for review of determinations by competent investigating authorities
- § 4585. Rules of procedure for panels and committees
- § 4586. Subsidy negotiations
- § 4587. Identification of industries facing subsidized imports
- § 4588. Treatment of amendments to antidumping and countervailing duty law
§ 4581. References in part
Any reference in this part to an Annex, chapter, or article shall be considered to be a reference to the respective Annex, chapter, or article of the USMCA.
(Pub. L. 116–113, title IV, § 411, formerly Pub. L. 103–182, title IV, § 401, Dec. 8, 1993, 107 Stat. 2129; renumbered § 411 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(b), Jan. 29, 2020, 134 Stat. 72.)
§ 4582. Organizational and administrative provisions
(a) Criteria for selection of individuals to serve on panels and committees
(1) In generalThe selection of individuals under this section for—
(A) placement on lists prepared by the interagency group under subsection (c)(2)(B)(i) and (ii);
(B) placement on preliminary candidate lists under subsection (c)(3)(A);
(C) placement on final candidate lists under subsection (c)(4)(A);
(D) placement by the Trade Representative on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; and
(E) appointment by the Trade Representative for service on the panels and committees convened under chapter 10;
shall be made on the basis of the criteria provided in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 and shall be made without regard to political affiliation.
(2) Additional criteria for roster placements and appointments
(b) Selection of certain judges to serve on panels and committees
(1) Applicability
(2) Consultation with chief judges
(3) Submission of lists to Congress
(4) Appointment of judges to panels or committees
(c) Selection of other candidates
(1) Applicability
(2) Interagency group
(A) EstablishmentThere is established within the interagency organization established under section 1872 of this title an interagency group which shall—
(i) be chaired by the Trade Representative; and
(ii) consist of such officers (or the designees thereof) of the United States Government as the Trade Representative considers appropriate.
(B) FunctionsThe interagency group established under subparagraph (A) shall, in a manner consistent with chapter 10—
(i) prepare by January 3 of each calendar year—(I) a list of individuals who are qualified to serve as members of binational panels convened under chapter 10; and(II) a list of individuals who are qualified to serve on extraordinary challenge committees convened under chapter 10 and special committees established under article 10.13;
(ii) if the Trade Representative makes a request under paragraph (4)(C)(i) with respect to a final candidate list during any calendar year, prepare by July 1 of such calendar year a list of those individuals who are qualified to be added to that final candidate list;
(iii) exercise oversight of the administration of the United States Section that is authorized to be established under section 105; 1
1 See References in Text note below.
and(iv) make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees and special committees under chapter 10.
(3) Preliminary candidate lists
(A) In generalThe Trade Representative shall select individuals from the respective lists prepared by the interagency group under paragraph (2)(B)(i) for placement on—
(i) a preliminary candidate list of individuals eligible to serve as members of binational panels under Annex 10–B.1; and
(ii) a preliminary candidate list of individuals eligible for selection as members of extraordinary challenge committees under Annex 10–B.3 and special committees under article 10.13.
(B) Submission of lists to Congressional Committees
(i) In general
(ii) Additional information
(C) Consultation
(D) Revision of lists
(4) Final candidate lists
(A) Submission of lists to Congressional Committees
(B) Finality of lists
(C) Amendment of lists
(i) In generalIf, after the Trade Representative has submitted the final candidate lists to the appropriate Congressional Committees under subparagraph (A) for a calendar year and before July 1 of such calendar year, the Trade Representative determines that additional individuals need to be added to a final candidate list, the Trade Representative shall—(I) request the interagency group established under paragraph (2)(A) to prepare a list of individuals who are qualified to be added to such candidate list;(II) select individuals from the list prepared by the interagency group under paragraph (2)(B)(ii) to be included in a proposed amendment to such final candidate list; and(III) by no later than July 1 of such calendar year, submit to the appropriate Congressional Committees the proposed amendments to such final candidate list developed by the Trade Representative under subclause (II), along with the information described in paragraph (3)(B)(ii).
(ii) Consultation with Congressional Committees
(iii) Adjustment of proposed amendment
(iv) Final amendment(I) In general(II) Inclusion of individuals(III) Eligibility for service(IV) Finality of amendment
(5) Treatment of responses
(d) Selection and appointment
(1) Authority of Trade RepresentativeThe Trade Representative is the only officer of the United States Government authorized to act on behalf of the United States Government in making any selection or appointment of an individual to—
(A) the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or
(B) the panels or committees convened under chapter 10;
that is to be made solely or jointly by the United States Government under the terms of the Agreement.
(2) Restrictions on selection and appointmentExcept as provided in paragraph (3)—
(A) the Trade Representative may—
(i) select an individual for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during the 1-year period beginning on April 1 of any calendar year;
(ii) appoint an individual to serve as one of those members of any panel or committee convened under chapter 10 during such 1-year period who, under the terms of the USMCA, are to be appointed solely by the United States Government; or
(iii) act to make a joint appointment with the Government of a USMCA country, under the terms of the Agreement, of any individual who is a citizen or national of the United States to serve as any other member of such a panel or committee;
only if such individual is on the appropriate final candidate list that was submitted to the appropriate Congressional Committees under subsection (c)(4)(A) during such calendar year or on such list as it may be amended under subsection (c)(4)(C)(iv)(I), or on the list submitted under subsection (b)(3) to the Congressional Committees referred to in such subsection; and
(B) no individual may—
(i) be selected by the United States Government for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3; or
(ii) be appointed solely or jointly by the United States Government to serve as a member of a panel or committee convened under chapter 10;
during the 1-year period beginning on April 1 of any calendar year for which the Trade Representative has not met the requirements of subsection (a), and of subsection (b) or (c) (as the case may be).
(3) ExceptionsNotwithstanding subsection (c)(3) (other than subparagraph (B)), subsection (c)(4), or paragraph (2)(A) of this subsection, individuals included on the preliminary candidate lists submitted to the appropriate Congressional Committees under subsection (c)(3)(B) may—
(A) be selected by the Trade Representative for placement on the rosters described in paragraph 1 of Annex 10–B.1 and paragraph 1 of Annex 10–B.3 during the 3-month period beginning on the date on which the Agreement enters into force with respect to the United States; and
(B) be appointed solely or jointly by the Trade Representative under the terms of the Agreement to serve as members of panels or committees that are convened under chapter 10 during such 3-month period.
(e) TransitionIf the USMCA enters into force after January 3, 2020, the provisions of subsection (c) shall be applied with respect to the calendar year in which such entering into force occurs—
(1) by substituting “the date that is 30 days after the date on which the Agreement enters into force with respect to the United States” for “January 3 of each calendar year” in subsections (c)(2)(B)(i) and (c)(3)(B)(i); and
(2) by substituting “the date that is 3 months after the date on which the Agreement enters into force with respect to the United States” for “March 31 of each calendar year” in subsection (c)(4)(A).
(f) Immunity
(g) Regulations
(h) Report to Congress
(Pub. L. 116–113, title IV, § 412, formerly Pub. L. 103–182, title IV, § 402, Dec. 8, 1993, 107 Stat. 2129; Pub. L. 104–295, § 21(c)(1), Oct. 11, 1996, 110 Stat. 3530; renumbered § 412 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(c), Jan. 29, 2020, 134 Stat. 73.)
§ 4583. Testimony and production of papers in extraordinary challenges
(a) Authority of extraordinary challenge committee to obtain information
If an extraordinary challenge committee (hereafter in this section referred to as the “committee”) is convened 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—
(1) shall have access to, and the right to copy, any document, paper, or record pertinent to the subject matter under consideration, in the possession of any individual, partnership, corporation, association, organization, or other entity;
(2) may summon witnesses, take testimony, and administer oaths;
(3) may require any individual, partnership, corporation, association, organization, or other entity to produce documents, books, or records relating to the matter in question; and
(4) may require any individual, partnership, corporation, association, organization, or other entity to furnish in writing, in such detail and in such form as the committee may prescribe, information in its possession pertaining to the matter.
Any member of the committee may sign subpoenas, and members of the committee, when authorized by the committee, may administer oaths and affirmations, examine witnesses, take testimony, and receive evidence.
(b) Witnesses and evidence
(c) Mandamus
(d) Depositions
(Pub. L. 116–113, title IV, § 413, formerly Pub. L. 103–182, title IV, § 403, Dec. 8, 1993, 107 Stat. 2136; renumbered § 413 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(d), Jan. 29, 2020, 134 Stat. 74.)
§ 4584. Requests for review of determinations by competent investigating authorities
(a) Definitions
As used in this section:
(1) Competent investigating authority
(2) United States Secretary
(b) Requests for review by United States
(c) Requests for review by person
(d) Service of request for review
(Pub. L. 116–113, title IV, § 414, formerly Pub. L. 103–182, title IV, § 404, Dec. 8, 1993, 107 Stat. 2137; renumbered § 414 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(e), Jan. 29, 2020, 134 Stat. 75.)
§ 4585. Rules of procedure for panels and committees
(a) Rules of procedure for binational panels
The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 10.12, governing, with respect to binational panel reviews—
(1) requests for such reviews, complaints, other pleadings, and other papers;
(2) the amendment, filing, and service of such pleadings and papers;
(3) the joinder, suspension, and termination of such reviews; and
(4) other appropriate procedural matters.
(b) Rules of procedure for extraordinary challenge committees
(c) Rules of procedure for safeguarding panel review system
(d) Publication of rules
(e) Administering authority
(Pub. L. 116–113, title IV, § 415, formerly Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137; renumbered § 415 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(f), Jan. 29, 2020, 134 Stat. 75.)
§ 4586. Subsidy negotiationsIn the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include—
(1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—
(A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
(B) the provision of goods or services at preferential rates;
(C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
(D) the assumption of any costs or expenses of manufacture, production, or distribution;
(2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
(3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.
(Pub. L. 116–113, title IV, § 416, formerly Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138; renumbered § 416 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(g), Jan. 29, 2020, 134 Stat. 75.)
§ 4587. Identification of industries facing subsidized imports
(a) PetitionsAny entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of a United States industry and has reason to believe—
(1) that—
(A) as a result of implementation of provisions of the USMCA, the industry is likely to face increased competition from subsidized imports, from a USMCA country, with which it directly competes; or
(B) the industry is likely to face increased competition from subsidized imports with which it directly competes from any other country designated by the President, following consultations with the Congress, as benefiting from a reduction of tariffs or other trade barriers under a trade agreement that enters into force with respect to the United States after January 1, 1994; and
(2) that the industry is likely to experience a deterioration of its competitive position before more effective rules and disciplines relating to the use of government subsidies have been developed with respect to the country concerned;
may file with the Trade Representative a petition that such industry be identified under this section.
(b) Identification of industry
(c) Action after identificationAt the request of an entity that is representative of an industry identified under subsection (b), the Trade Representative shall—
(1) compile and make available to the industry information under section 2418 of this title;
(2) recommend to the President that an investigation by the International Trade Commission be requested under section 332 of the Tariff Act of 1930 [19 U.S.C. 1332]; or
(3) take actions described in both paragraphs (1) and (2).
The industry may request the Trade Representative to take appropriate action to update (as often as annually) any information obtained under paragraph (1) or (2), or both, as the case may be, until an agreement on more effective rules and disciplines relating to government subsidies is reached between the United States and the USMCA countries.
(d) Initiation of action under other law
(1) In generalThe Trade Representative and the Secretary of Commerce shall review information obtained under subsection (c) and consult with the industry identified under subsection (b) with a view to deciding whether any action is appropriate—
(A) under section 2411 of this title, including the initiation of an investigation under section 2412(c) of this title (in the case of the Trade Representative); or
(B) under subtitle A of title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], including the initiation of an investigation under section 702(a) of that Act [19 U.S.C. 1671a(a)] (in the case of the Secretary of Commerce).
(2) Criteria for initiationIn determining whether to initiate any investigation under section 2411 of this title or any other trade law, other than title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], the Trade Representative, after consultation with the Secretary of Commerce—
(A) shall seek the advice of the advisory committees established under section 2155 of this title;
(B) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives;
(C) shall coordinate with the interagency organization established under section 1872 of this title; and
(D) may ask the President to request advice from the International Trade Commission.
(3) Title III actions
(e) Effect of decisionsAny decision, whether positive or negative, or any action by the Trade Representative or the Secretary of Commerce under this section shall not in any way—
(1) prejudice the right of any industry to file a petition under any trade law;
(2) prejudice, affect, or substitute for, any proceeding, investigation, determination, or action by the Secretary of Commerce, the International Trade Commission, or the Trade Representative pursuant to such a petition; or
(3) prejudice, affect, substitute for, or obviate any proceeding, investigation, or determination under section 2411 of this title, title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], or any other trade law.
(f) Standing
(Pub. L. 116–113, title IV, § 417, formerly Pub. L. 103–182, title IV, § 407, Dec. 8, 1993, 107 Stat. 2138; Pub. L. 104–295, § 21(c)(2), Oct. 11, 1996, 110 Stat. 3530; renumbered § 417 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(h), Jan. 29, 2020, 134 Stat. 75.)
§ 4588. Treatment of amendments to antidumping and countervailing duty lawAny amendment enacted after the USMCA that is made to—
(1) section 303 1
1 See References in Text note below.
or title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], or any successor statute, or(2) any other statute which—
(A) provides for judicial review of final determinations under such section, title, or successor statute, or
(B) indicates the standard of review to be applied,
shall apply to goods from a USMCA country only to the extent specified in the amendment.
(Pub. L. 116–113, title IV, § 418, formerly Pub. L. 103–182, title IV, § 408, Dec. 8, 1993, 107 Stat. 2140; renumbered § 418 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 504(i), Jan. 29, 2020, 134 Stat. 76.)