                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
                 SUBTITLE III--ADMINISTRATIVE PROVISIONS
 
       Part III--Ascertainment, Collection, and Recovery of Duties
 
Sec. 1516a. Judicial review in countervailing duty and 
        antidumping duty proceedings
        

(a) Review of determination

                (1) Review of certain determinations

        Within 30 days after the date of publication in the Federal 
    Register of--
            (A) a determination by the administering authority, under 
        1671a(c) \1\ or 1673a(c) of this title, not to initiate an 
        investigation,
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            (B) a determination by the Commission, under section 1675(b) 
        of this title, not to review a determination based upon changed 
        circumstances,
            (C) a negative determination by the Commission, under 
        section 1671b(a) or 1673b(a) of this title, as to whether there 
        is reasonable indication of material injury, threat of material 
        injury, or material retardation, or
            (D) a final determination by the administering authority or 
        the Commission under section 1675(c)(3) of this title,

    an interested party who is a party to the proceeding in connection 
    with which the matter arises may commence an action in the United 
    States Court of International Trade by filing concurrently a summons 
    and complaint, each with the content and in the form, manner, and 
    style prescribed by the rules of that court, contesting any factual 
    findings or legal conclusions upon which the determination is based.

               (2) Review of determinations on record

        (A) In general

            Within thirty days after--
                (i) the date of publication in the Federal Register of--
                    (I) notice of any determination described in clause 
                (ii), (iii), (iv), (v), or (viii) of subparagraph (B),
                    (II) an antidumping or countervailing duty order 
                based upon any determination described in clause (i) of 
                subparagraph (B), or
                    (III) notice of the implementation of any 
                determination described in clause (vii) of subparagraph 
                (B), or

                (ii) the date of mailing of a determination described in 
            clause (vi) of subparagraph (B),

        an interested party who is a party to the proceeding in 
        connection with which the matter arises may commence an action 
        in the United States Court of International Trade by filing a 
        summons, and within thirty days thereafter a complaint, each 
        with the content and in the form, manner, and style prescribed 
        by the rules of that court, contesting any factual findings or 
        legal conclusions upon which the determination is based.

        (B) Reviewable determinations

            The determinations which may be contested under subparagraph 
        (A) are as follows:
                (i) Final affirmative determinations by the 
            administering authority and by the Commission under section 
            1671d or 1673d of this title, including any negative part of 
            such a determination (other than a part referred to in 
            clause (ii)).
                (ii) A final negative determination by the administering 
            authority or the Commission under section 1671d or 1673d of 
            this title, including, at the option of the appellant, any 
            part of a final affirmative determination which specifically 
            excludes any company or product.
                (iii) A final determination, other than a determination 
            reviewable under paragraph (1), by the administering 
            authority or the Commission under section 1675 of this 
            title.
                (iv) A determination by the administering authority, 
            under section 1671c or 1673c of this title, to suspend an 
            antidumping duty or a countervailing duty investigation, 
            including any final determination resulting from a continued 
            investigation which changes the size of the dumping margin 
            or net countervailable subsidy calculated, or the reasoning 
            underlying such calculations, at the time the suspension 
            agreement was concluded.
                (v) An injurious effect determination by the Commission 
            under section 1671c(h) or 1673c(h) of this title.
                (vi) A determination by the administering authority as 
            to whether a particular type of merchandise is within the 
            class or kind of merchandise described in an existing 
            finding of dumping or antidumping or countervailing duty 
            order.
                (vii) A determination by the administering authority or 
            the Commission under section 3538 of this title concerning a 
            determination under subtitle IV of this chapter.
                (viii) A determination by the Commission under section 
            1675b(a)(1) of this title.

                            (3) Exception

        Notwithstanding the limitation imposed by paragraph 
    (2)(A)(i)(II) of this subsection, a final affirmative determination 
    by the administering authority under section 1671d or 1673d of this 
    title may be contested by commencing an action, in accordance with 
    the provisions of paragraph (2)(A), within thirty days after the 
    date of publication in the Federal Register of a final negative 
    determination by the Commission under section 1671d or 1673d of this 
    title.

                       (4) Procedures and fees

        The procedures and fees set forth in chapter 169 of title 28 
    apply to an action under this section.

      (5) Time limits in cases involving merchandise from free 
                            trade area countries

        Notwithstanding any other provision of this subsection, in the 
    case of a determination to which the provisions of subsection (g) of 
    this section apply, an action under this subsection may not be 
    commenced, and the time limits for commencing an action under this 
    subsection shall not begin to run, until the day specified in 
    whichever of the following subparagraphs applies:
            (A) For a determination described in paragraph (1)(B) or 
        clause (i), (ii) or (iii) of paragraph (2)(B), the 31st day 
        after the date on which notice of the determination is published 
        in the Federal Register.
            (B) For a determination described in clause (vi) of 
        paragraph (2)(B), the 31st day after the date on which the 
        government of the relevant FTA country receives notice of the 
        determination.
            (C) For a determination with respect to which binational 
        panel review has commenced in accordance with subsection (g)(8) 
        of this section, the day after the date as of which--
                (i) the binational panel has dismissed binational panel 
            review of the determination for lack of jurisdiction, and
                (ii) any interested party seeking review of the 
            determination under paragraph (1), (2), or (3) of this 
            subsection has provided timely notice under subsection 
            (g)(3)(B) of this section.

        If such an interested party files a summons and complaint under 
        this subsection after dismissal by the binational panel, and if 
        a request for an extraordinary challenge committee is made with 
        respect to the decision by the binational panel to dismiss--

                (I) judicial review under this subsection shall be 
            stayed during consideration by the committee of the request, 
            and
                (II) the United States Court of International Trade 
            shall dismiss the action if the committee vacates or remands 
            the binational panel decision to dismiss.

            (D) For a determination for which review by the United 
        States Court of International Trade is provided for--
                (i) under subsection (g)(12)(B) of this section, the day 
            after the date of publication in the Federal Register of 
            notice that article 1904 of the NAFTA has been suspended, or
                (ii) under subsection (g)(12)(D) of this section, the 
            day after the date that notice of settlement is published in 
            the Federal Register.

            (E) For a determination described in clause (vii) of 
        paragraph (2)(B), the 31st day after the date on which notice of 
        the implementation of the determination is published in the 
        Federal Register.

(b) Standards of review

                             (1) Remedy

        The court shall hold unlawful any determination, finding, or 
    conclusion found--
            (A) in an action brought under subparagraph (A), (B), or (C) 
        of subsection (a)(1) of this section, to be arbitrary, 
        capricious, an abuse of discretion, or otherwise not in 
        accordance with law, or
            (B)(i) in an action brought under paragraph (2) of 
        subsection (a) of this section, to be unsupported by substantial 
        evidence on the record, or otherwise not in accordance with law, 
        or
            (ii) in an action brought under paragraph (1)(D) of 
        subsection (a) of this section, to be arbitrary, capricious, an 
        abuse of discretion, or otherwise not in accordance with law.

                        (2) Record for review

        (A) In general

            For the purposes of this subsection, the record, unless 
        otherwise stipulated by the parties, shall consist of--
                (i) a copy of all information presented to or obtained 
            by the Secretary, the administering authority, or the 
            Commission during the course of the administrative 
            proceeding, including all governmental memoranda pertaining 
            to the case and the record of ex parte meetings required to 
            be kept by section 1677f(a)(3) of this title; and
                (ii) a copy of the determination, all transcripts or 
            records of conferences or hearings, and all notices 
            published in the Federal Register.

        (B) Confidential or privileged material

            The confidential or privileged status accorded to any 
        documents, comments, or information shall be preserved in any 
        action under this section. Notwithstanding the preceding 
        sentence, the court may examine, in camera, the confidential or 
        privileged material, and may disclose such material under such 
        terms and conditions as it may order.

      (3) Effect of decisions by NAFTA or United States-Canada 
                              binational panels

        In making a decision in any action brought under subsection (a) 
    of this section, a court of the United States is not bound by, but 
    may take into consideration, a final decision of a binational panel 
    or extraordinary challenge committee convened pursuant to article 
    1904 of the NAFTA or of the Agreement.

(c) Liquidation of entries

          (1) Liquidation in accordance with determination

        Unless such liquidation is enjoined by the court under paragraph 
    (2) of this subsection, entries of merchandise of the character 
    covered by a determination of the Secretary, the administering 
    authority, or the Commission contested under subsection (a) of this 
    section shall be liquidated in accordance with the determination of 
    the Secretary, the administering authority, or the Commission, if 
    they are entered, or withdrawn from warehouse, for consumption on or 
    before the date of publication in the Federal Register by the 
    Secretary or the administering authority of a notice of a decision 
    of the United States Court of International Trade, or of the United 
    States Court of Appeals for the Federal Circuit, not in harmony with 
    that determination. Such notice of a decision shall be published 
    within ten days from the date of the issuance of the court decision.

                        (2) Injunctive relief

        In the case of a determination described in paragraph (2) of 
    subsection (a) of this section by the Secretary, the administering 
    authority, or the Commission, the United States Court of 
    International Trade may enjoin the liquidation of some or all 
    entries of merchandise covered by a determination of the Secretary, 
    the administering authority, or the Commission, upon a request by an 
    interested party for such relief and a proper showing that the 
    requested relief should be granted under the circumstances.

                  (3) Remand for final disposition

        If the final disposition of an action brought under this section 
    is not in harmony with the published determination of the Secretary, 
    the administering authority, or the Commission, the matter shall be 
    remanded to the Secretary, the administering authority, or the 
    Commission, as appropriate, for disposition consistent with the 
    final disposition of the court.

(d) Standing

    Any interested party who was a party to the proceeding under section 
1303 \2\ of this title or subtitle IV of this chapter shall have the 
right to appear and be heard as a party in interest before the United 
States Court of International Trade. The party filing the action shall 
notify all such interested parties of the filing of an action under this 
section, in the form, manner, style, and within the time prescribed by 
rules of the court.
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(e) Liquidation in accordance with final decision

    If the cause of action is sustained in whole or in part by a 
decision of the United States Court of International Trade or of the 
United States Court of Appeals for the Federal Circuit--
        (1) entries of merchandise of the character covered by the 
    published determination of the Secretary, the administering 
    authority, or the Commission, which is entered, or withdrawn from 
    warehouse, for consumption after the date of publication in the 
    Federal Register by the Secretary or the administering authority of 
    a notice of the court decision, and
        (2) entries, the liquidation of which was enjoined under 
    subsection (c)(2) of this section,

shall be liquidated in accordance with the final court decision in the 
action. Such notice of the court decision shall be published within ten 
days from the date of the issuance of the court decision.

(f) Definitions

    For purposes of this section--

                     (1) Administering authority

        The term ``administering authority'' means the administering 
    authority described in section 1677(1) of this title.

                           (2) Commission

        The term ``Commission'' means the United States International 
    Trade Commission.

                        (3) Interested party

        The term ``interested party'' means any person described in 
    section 1677(9) of this title.

                            (4) Secretary

        The term ``Secretary'' means the Secretary of the Treasury.

                            (5) Agreement

        The term ``Agreement'' means the United States-Canada Free-Trade 
    Agreement.

                     (6) United States Secretary

        The term ``United States Secretary'' means--
            (A) the secretary for the United States Section referred to 
        in article 1908 of the NAFTA, and
            (B) the secretary of the United States Section provided for 
        in article 1909 of the Agreement.

                     (7) Relevant FTA Secretary

        The term ``relevant FTA Secretary'' means the Secretary--
            (A) referred to in article 1908 of the NAFTA, or
            (B) provided for in paragraph 5 of article 1909 of the 
        Agreement,

    of the relevant FTA country.

                              (8) NAFTA

        The term ``NAFTA'' means the North American Free Trade 
    Agreement.

                      (9) Relevant FTA country

        The term ``relevant FTA country'' means the free trade area 
    country to which an antidumping or countervailing duty proceeding 
    pertains.

                    (10) Free trade area country

        The term ``free trade area country'' means the following:
            (A) Canada for such time as the NAFTA is in force with 
        respect to, and the United States applies the NAFTA to, Canada.
            (B) Mexico for such time as the NAFTA is in force with 
        respect to, and the United States applies the NAFTA to, Mexico.
            (C) Canada for such time as--
                (i) it is not a free trade area country under 
            subparagraph (A); and
                (ii) the Agreement is in force with respect to, and the 
            United States applies the Agreement to, Canada.

(g) Review of countervailing duty and antidumping duty determinations 
        involving free trade area country merchandise

                    (1) ``Determination'' defined

        For purposes of this subsection, the term ``determination'' 
    means a determination described in--
            (A) paragraph (1)(B) of subsection (a) of this section, or
            (B) clause (i), (ii), (iii), or (vi) of paragraph (2)(B) of 
        subsection (a) of this section,

    if made in connection with a proceeding regarding a class or kind of 
    free trade area country merchandise, as determined by the 
    administering authority.

     (2) Exclusive review of determination by binational panels

        If binational panel review of a determination is requested 
    pursuant to article 1904 of the NAFTA or of the Agreement, then, 
    except as provided in paragraphs (3) and (4)--
            (A) the determination is not reviewable under subsection (a) 
        of this section, and
            (B) no court of the United States has power or jurisdiction 
        to review the determination on any question of law or fact by an 
        action in the nature of mandamus or otherwise.

         (3) Exception to exclusive binational panel review

        (A) In general

            A determination is reviewable under subsection (a) of this 
        section if the determination sought to be reviewed is--
                (i) a determination as to which neither the United 
            States nor the relevant FTA country requested review by a 
            binational panel pursuant to article 1904 of the NAFTA or of 
            the Agreement,
                (ii) a revised determination issued as a direct result 
            of judicial review, commenced pursuant to subsection (a) of 
            this section, if neither the United States nor the relevant 
            FTA country requested review of the original determination,
                (iii) a determination issued as a direct result of 
            judicial review that was commenced pursuant to subsection 
            (a) of this section prior to the entry into force of the 
            NAFTA or of the Agreement,
                (iv) a determination which a binational panel has 
            determined is not reviewable by the binational panel,
                (v) a determination as to which binational panel review 
            has terminated pursuant to paragraph 12 of article 1905 of 
            the NAFTA, or
                (vi) a determination as to which extraordinary challenge 
            committee review has terminated pursuant to paragraph 12 of 
            article 1905 of the NAFTA.

        (B) Special rule

            A determination described in subparagraph (A)(i) or (iv) is 
        reviewable under subsection (a) of this section only if the 
        party seeking to commence review has provided timely notice of 
        its intent to commence such review to--
                (i) the United States Secretary and the relevant FTA 
            Secretary;
                (ii) all interested parties who were parties to the 
            proceeding in connection with which the matter arises; and
                (iii) the administering authority or the Commission, as 
            appropriate.

        Such notice is timely provided if the notice is delivered no 
        later than the date that is 20 days after the date described in 
        subparagraph (A) or (B) of subsection (a)(5) of this section 
        that is applicable to such determination, except that, if the 
        time for requesting binational panel review is suspended under 
        paragraph (8)(A)(ii) of this subsection, any unexpired time for 
        providing notice of intent to commence judicial review shall, 
        during the pendency of any such suspension, also be suspended. 
        Such notice shall contain such information, and be in such form, 
        manner, and style, as the administering authority, in 
        consultation with the Commission, shall prescribe by 
        regulations.

       (4) Exception to exclusive binational panel review for 
                            constitutional issues

        (A) Constitutionality of binational panel review system

            An action for declaratory judgment or injunctive relief, or 
        both, regarding a determination on the grounds that any 
        provision of, or amendment made by, the North American Free 
        Trade Agreement Implementation Act implementing the binational 
        dispute settlement system under chapter 19 of the NAFTA, or the 
        United States-Canada Free-Trade Agreement Implementation Act of 
        1988 implementing the binational panel dispute settlement system 
        under chapter 19 of the Agreement, violates the Constitution may 
        be brought only in the United States Court of Appeals for the 
        District of Columbia Circuit, which shall have jurisdiction of 
        such action.

        (B) Other constitutional review

            Review is available under subsection (a) of this section 
        with respect to a determination solely concerning a 
        constitutional issue (other than an issue to which subparagraph 
        (A) applies) arising under any law of the United States as 
        enacted or applied. An action for review under this subparagraph 
        shall be assigned to a 3-judge panel of the United States Court 
        of International Trade.

        (C) Commencement of review

            Notwithstanding the time limits in subsection (a) of this 
        section, within 30 days after the date of publication in the 
        Federal Register of notice that binational panel review has been 
        completed, an interested party who is a party to the proceeding 
        in connection with which the matter arises may commence an 
        action under subparagraph (A) or (B) by filing an action in 
        accordance with the rules of the court.

        (D) Transfer of actions to appropriate court

            Whenever an action is filed in a court under subparagraph 
        (A) or (B) and that court finds that the action should have been 
        filed in the other court, the court in which the action was 
        filed shall transfer the action to the other court and the 
        action shall proceed as if it had been filed in the court to 
        which it is transferred on the date upon which it was actually 
        filed in the court from which it is transferred.

        (E) Frivolous claims

            Frivolous claims brought under subparagraph (A) or (B) are 
        subject to dismissal and sanctions as provided under section 
        1927 of title 28 and the Federal Rules of Civil Procedure.

        (F) Security

            (i) Subparagraph (A) actions

                The security requirements of rule 65(c) of the Federal 
            Rules of Civil Procedure apply with respect to actions 
            commenced under subparagraph (A).
            (ii) Subparagraph (B) actions

                No claim shall be heard, and no temporary restraining 
            order or temporary or permanent injunction shall be issued, 
            under an action commenced under subparagraph (B), unless the 
            party seeking review first files an undertaking with 
            adequate security in an amount to be fixed by the court 
            sufficient to recompense parties affected for any loss, 
            expense, or damage caused by the improvident or erroneous 
            issuance of such order or injunction. If a court upholds the 
            constitutionality of the determination in question in such 
            action, the court shall award to a prevailing party fees and 
            expenses, in addition to any costs incurred by that party, 
            unless the court finds that the position of the other party 
            was substantially justified or that special circumstances 
            make an award unjust.

        (G) Panel record

            The record of proceedings before the binational panel shall 
        not be considered part of the record for review pursuant to 
        subparagraph (A) or (B).

        (H) Appeal to Supreme Court of court orders issued in 
                subparagraph (A) actions

            Notwithstanding any other provision of law, any final 
        judgment of the United States Court of Appeals for the District 
        of Columbia Circuit which is issued pursuant to an action 
        brought under subparagraph (A) shall be reviewable by appeal 
        directly to the Supreme Court of the United States. Any such 
        appeal shall be taken by a notice of appeal filed within 10 days 
        after such order is entered; and the jurisdictional statement 
        shall be filed within 30 days after such order is entered. No 
        stay of an order issued pursuant to an action brought under 
        subparagraph (A) may be issued by a single Justice of the 
        Supreme Court.

                     (5) Liquidation of entries

        (A) Application

            In the case of a determination for which binational panel 
        review is requested pursuant to article 1904 of the NAFTA or of 
        the Agreement, the rules provided in this paragraph shall apply, 
        notwithstanding the provisions of subsection (c) of this 
        section.

        (B) General rule

            In the case of a determination for which binational panel 
        review is requested pursuant to article 1904 of the NAFTA or of 
        the Agreement, entries of merchandise covered by such 
        determination shall be liquidated in accordance with the 
        determination of the administering authority or the Commission, 
        if they are entered, or withdrawn from warehouse, for 
        consumption on or before the date of publication in the Federal 
        Register by the administering authority of notice of a final 
        decision of a binational panel, or of an extraordinary challenge 
        committee, not in harmony with that determination. Such notice 
        of a decision shall be published within 10 days of the date of 
        the issuance of the panel or committee decision.

        (C) Suspension of liquidation

            (i) In general

                Notwithstanding the provisions of subparagraph (B), in 
            the case of a determination described in clause (iii) or 
            (vi) of subsection (a)(2)(B) of this section for which 
            binational panel review is requested pursuant to article 
            1904 of the NAFTA or of the Agreement, the administering 
            authority, upon request of an interested party who was a 
            party to the proceeding in connection with which the matter 
            arises and who is a participant in the binational panel 
            review, shall order the continued suspension of liquidation 
            of those entries of merchandise covered by the determination 
            that are involved in the review pending the final 
            disposition of the review.
            (ii) Notice

                At the same time as the interested party makes its 
            request to the administering authority under clause (i), 
            that party shall serve a copy of its request on the United 
            States Secretary, the relevant FTA Secretary, and all 
            interested parties who were parties to the proceeding in 
            connection with which the matter arises.
            (iii) Application of suspension

                If the interested party requesting continued suspension 
            of liquidation under clause (i) is a foreign manufacturer, 
            producer, or exporter, or a United States importer, the 
            continued suspension of liquidation shall apply only to 
            entries of merchandise manufactured, produced, exported, or 
            imported by that particular manufacturer, producer, 
            exporter, or importer. If the interested party requesting 
            the continued suspension of liquidation under clause (i) is 
            an interested party described in subparagraph (C), (D), (E), 
            or (F) of section 1677(9) of this title, the continued 
            suspension of liquidation shall apply only to entries which 
            could be affected by a decision of the binational panel 
            convened under chapter 19 of the NAFTA or of the Agreement.
            (iv) Judicial review

                Any action taken by the administering authority or the 
            United States Customs Service under this subparagraph shall 
            not be subject to judicial review, and no court of the 
            United States shall have power or jurisdiction to review 
            such action on any question of law or fact by an action in 
            the nature of mandamus or otherwise.

                        (6) Injunctive relief

        Except for cases under paragraph (4)(B), in the case of a 
    determination for which binational panel review is requested 
    pursuant to article 1904 of the NAFTA or of the Agreement, the 
    provisions of subsection (c)(2) of this section shall not apply.

       (7) Implementation of international obligations under 
                 article 1904 of the NAFTA or the Agreement

        (A) Action upon remand

            If a determination is referred to a binational panel or 
        extraordinary challenge committee under the NAFTA or the 
        Agreement and the panel or committee makes a decision remanding 
        the determination to the administering authority or the 
        Commission, the administering authority or the Commission shall, 
        within the period specified by the panel or committee, take 
        action not inconsistent with the decision of the panel or 
        committee. Any action taken by the administering authority or 
        the Commission under this paragraph shall not be subject to 
        judicial review, and no court of the United States shall have 
        power or jurisdiction to review such action on any question of 
        law or fact by an action in the nature of mandamus or otherwise.

        (B) Application if subparagraph (A) held unconstitutional

            In the event that the provisions of subparagraph (A) are 
        held unconstitutional under the provisions of subparagraphs (A) 
        and (H) of paragraph (4), the provisions of this subparagraph 
        shall take effect. In such event, the President is authorized on 
        behalf of the United States to accept, as a whole, the decision 
        of a binational panel or extraordinary challenge committee 
        remanding the determination to the administering authority or 
        the Commission within the period specified by the panel or 
        committee. Upon acceptance by the President of such a decision, 
        the administering authority or the Commission shall, within the 
        period specified by the panel or committee, take action not 
        inconsistent with such decision. Any action taken by the 
        President, the administering authority, or the Commission under 
        this subparagraph shall not be subject to judicial review, and 
        no court of the United States shall have power or jurisdiction 
        to review such action on any question of law or fact by an 
        action in the nature of mandamus or otherwise.

              (8) Requests for binational panel review

        (A) Interested party requests for binational panel review

            (i) General rule

                An interested party who was a party to the proceeding in 
            which a determination is made may request binational panel 
            review of such determination by filing a request with the 
            United States Secretary by no later than the date that is 30 
            days after the date described in subparagraph (A), (B), or 
            (E) of subsection (a)(5) of this section that is applicable 
            to such determination. Receipt of such request by the United 
            States Secretary shall be deemed to be a request for 
            binational panel review within the meaning of article 
            1904(4) of the NAFTA or of the Agreement. Such request shall 
            contain such information and be in such form, manner, and 
            style as the administering authority, in consultation with 
            the Commission, shall prescribe by regulations.
            (ii) Suspension of time to request binational panel 
                    review under the NAFTA

                Notwithstanding clause (i), the time for requesting 
            binational panel review shall be suspended during the 
            pendency of any stay of binational panel review that is 
            issued pursuant to paragraph 11(a) of article 1905 of the 
            NAFTA.

        (B) Service of request for binational panel review

            (i) Service by interested party

                If a request for binational panel review of a 
            determination is filed under subparagraph (A), the party 
            making the request shall serve a copy, by mail or personal 
            service, on any other interested party who was a party to 
            the proceeding in connection with which the matter arises, 
            and on the administering authority or the Commission, as 
            appropriate.
            (ii) Service by United States Secretary

                If an interested party to the proceeding requests 
            binational panel review of a determination by filing a 
            request with the relevant FTA Secretary, the United States 
            Secretary shall serve a copy of the request by mail on any 
            other interested party who was a party to the proceeding in 
            connection with which the matter arises, and on the 
            administering authority or the Commission, as appropriate.

        (C) Limitation on request for binational panel review

            Absent a request by an interested party under subparagraph 
        (A), the United States may not request binational panel review 
        of a determination under article 1904 of the NAFTA or the 
        Agreement.

               (9) Representation in panel proceedings

        In the case of binational panel proceedings convened under 
    chapter 19 of the NAFTA or of the Agreement, the administering 
    authority and the Commission shall be represented by attorneys who 
    are employees of the administering authority or the Commission, 
    respectively. Interested parties who were parties to the proceeding 
    in connection with which the matter arises shall have the right to 
    appear and be represented by counsel before the binational panel.

             (10) Notification of class or kind rulings

        In the case of a determination which is described in paragraph 
    (2)(B)(vi) of subsection (a) of this section and which is subject to 
    the provisions of paragraph (2), the administering authority, upon 
    request, shall inform any interested person of the date on which the 
    Government of the relevant FTA country received notice of the 
    determination under paragraph 4 of article 1904 of the NAFTA or the 
    Agreement.

      (11) Suspension and termination of suspension of article 
                              1904 of the NAFTA

        (A) Suspension of article 1904

            If a special committee established under article 1905 of the 
        NAFTA issues an affirmative finding, the Trade Representative 
        may, in accordance with paragraph 8(a) or 9, as appropriate, of 
        article 1905 of the NAFTA, suspend the operation of article 1904 
        of the NAFTA.

        (B) Termination of suspension of article 1904

            If a special committee is reconvened and makes an 
        affirmative determination described in paragraph 10(b) of 
        article 1905 of the NAFTA, any suspension of the operation of 
        article 1904 of the NAFTA shall terminate.

    (12) Judicial review upon termination of binational panel or 
                      committee review under the NAFTA

        (A) Notice of suspension or termination of suspension of article 
                1904

            (i) Upon notification by the Trade Representative or the 
        Government of a country described in subsection (f)(10)(A) or 
        (B) of this section that the operation of article 1904 of the 
        NAFTA has been suspended in accordance with paragraph 8(a) or 9 
        of article 1905 of the NAFTA, the United States Secretary shall 
        publish in the Federal Register a notice of suspension of 
        article 1904 of the NAFTA.
            (ii) Upon notification by the Trade Representative or the 
        Government of a country described in subsection (f)(10)(A) or 
        (B) of this section that the suspension of the operation of 
        article 1904 of the NAFTA is terminated in accordance with 
        paragraph 10 of article 1905 of the NAFTA, the United States 
        Secretary shall publish in the Federal Register a notice of 
        termination of suspension of article 1904 of the NAFTA.

        (B) Transfer of final determinations for judicial review upon 
                suspension of article 1904

            If the operation of article 1904 of the NAFTA is suspended 
        in accordance with paragraph 8(a) or 9 of article 1905 of the 
        NAFTA--
                (i) upon the request of an authorized person described 
            in subparagraph (C), any final determination that is the 
            subject of a binational panel review or an extraordinary 
            challenge committee review shall be transferred to the 
            United States Court of International Trade (in accordance 
            with rules issued by the Court) for review under subsection 
            (a) of this section; or
                (ii) in a case in which--
                    (I) a binational panel review was completed fewer 
                than 30 days before the suspension, and
                    (II) extraordinary challenge committee review has 
                not been requested,

          upon the request of an authorized person described in 
            subparagraph (C) which is made within 60 days after the 
            completion of the binational panel review, the final 
            determination that was the subject of the binational panel 
            review shall be transferred to the United States Court of 
            International Trade (in accordance with rules issued by the 
            Court) for review under subsection (a) of this section.

        (C) Persons authorized to request transfer of final 
                determinations for judicial review

            A request that a final determination be transferred to the 
        Court of International Trade under subparagraph (B) may be made 
        by--
                (i) if the United States made an allegation under 
            paragraph 1 of article 1905 of the NAFTA and the operation 
            of article 1904 of the NAFTA was suspended pursuant to 
            paragraph 8(a) of article 1905 of the NAFTA--
                    (I) the government of the relevant country described 
                in subsection (f)(10)(A) or (B) of this section,
                    (II) an interested party that was a party to the 
                panel or committee review, or
                    (III) an interested party that was a party to the 
                proceeding in connection with which panel review was 
                requested, but only if the time period for filing 
                notices of appearance in the panel review has not 
                expired, or

                (ii) if a country described in subsection (f)(10)(A) or 
            (B) of this section made an allegation under paragraph 1 of 
            article 1905 of the NAFTA and the operation of article 1904 
            of the NAFTA was suspended pursuant to paragraph 9 of 
            article 1905 of the NAFTA--
                    (I) the government of that country,
                    (II) an interested party that is a person of that 
                country and that was a party to the panel or committee 
                review, or
                    (III) an interested party that is a person of that 
                country and that was a party to the proceeding in 
                connection with which panel review was requested, but 
                only if the time period for filing notices of appearance 
                in the panel review has not expired.

        (D) Transfer for judicial review upon settlement

            (i) If the Trade Representative achieves a settlement with 
        the government of a country described in subsection (f)(10)(A) 
        or (B) of this section pursuant to paragraph 7 of article 1905 
        of the NAFTA, and referral for judicial review is among the 
        terms of such settlement, any final determination that is the 
        subject of a binational panel review or an extraordinary 
        challenge committee review shall, upon a request described in 
        clause (ii), be transferred to the United States Court of 
        International Trade (in accordance with rules issued by the 
        Court) for review under subsection (a) of this section.
            (ii) A request referred to in clause (i) is a request made 
        by--
                (I) the country referred to in clause (i),
                (II) an interested party that was a party to the panel 
            or committee review, or
                (III) an interested party that was a party to the 
            proceeding in connection with which panel review was 
            requested, but only if the time for filing notices of 
            appearance in the panel review has not expired.

(June 17, 1930, ch. 497, title IV, Sec. 516A, as added Pub. L. 96-39, 
title X, Sec. 1001(a), July 26, 1979, 93 Stat. 300; amended Pub. L. 96-
417, title VI, Secs. 601(7), 608, Oct. 10, 1980, 94 Stat. 1744, 1745; 
Pub. L. 96-542, Sec. 2, Dec. 17, 1980, 94 Stat. 3210; Pub. L. 97-164, 
title I, Sec. 163(a)(2), Apr. 2, 1982, 96 Stat. 49; Pub. L. 98-573, 
title VI, Sec. 623(a), Oct. 30, 1984, 98 Stat. 3040; Pub. L. 99-514, 
title XVIII, Sec. 1888(6), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 100-
449, title IV, Sec. 401, Sept. 28, 1988, 102 Stat. 1878; Pub. L. 101-
382, title I, Sec. 134(a)(3), Aug. 20, 1990, 104 Stat. 649; Pub. L. 103-
182, title IV, Sec. 411, Dec. 8, 1993, 107 Stat. 2140; Pub. L. 103-465, 
title I, Sec. 129(e), title II, Secs. 220(b), 270(a)(1)(N), 271(b), Dec. 
8, 1994, 108 Stat. 4838, 4864, 4917, 4921; Pub. L. 104-295, 
Secs. 20(a)(1), 21(c)(3), 22, Oct. 11, 1996, 110 Stat. 3526, 3530, 
3531.)

                       References in Text

    Section 1303 of this title, referred to in subsec. (d), is defined 
in section 1677(26) of this title to mean section 1330 as in effect on 
the day before Jan. 1, 1995.
    The North American Free Trade Agreement Implementation Act, referred 
to in subsec. (g)(4)(A), is Pub. L. 103-182, Dec. 8, 1993, 107 Stat. 
2057. For complete classification of this Act to the Code, see Short 
Title note set out under section 3301 of this title and Tables.
    The United States-Canada Free-Trade Agreement Implementation Act of 
1988, referred to in subsec. (g)(4)(A), is Pub. L. 100-449, Sept. 28, 
1988, 102 Stat. 1851, which is set out as a note under section 2112 of 
this title. For complete classification of this Act to the Code, see 
Tables.
    The Federal Rules of Civil Procedure, referred to in subsec. 
(g)(4)(E), (F), are set out in the Appendix to Title 28, Judiciary and 
Judicial Procedure.

                          Codification

    In the original, section 1001(a) of Pub. L. 96-39 directed that this 
section, designated as section 516A, be added to title V of the Tariff 
Act of 1930, however, since a title V of the Tariff Act of 1930 has not 
been enacted, this section was added to title IV of the Tariff Act of 
1930 to reflect the probable intent of Congress.


                               Amendments

    1996--Subsec. (a)(2)(A)(i)(I). Pub. L. 104-295, Sec. 20(a)(1), 
inserted comma after ``subparagraph (B)''.
    Subsec. (g)(4)(A). Pub. L. 104-295, Sec. 22, substituted ``Agreement 
Implementation Act of 1988'' for ``Implementation Agreement Act of 
1988''.
    Subsec. (g)(12)(D). Pub. L. 104-295, Sec. 21(c)(3), transferred 
designation ``(i)'' from heading to before sentence beginning ``If the 
Trade Representative''.
    1994--Subsec. (a)(1)(D). Pub. L. 103-465, Sec. 220(b)(1), added 
subpar. (D).
    Subsec. (a)(2)(A)(i)(I). Pub. L. 103-465, Sec. 271(b)(1), 
substituted ``(v), or (viii)'' for ``or (v)''.
    Pub. L. 103-465, Sec. 129(e)(1)(A)(i), struck out ``, or'' after 
``(B)''.
    Subsec. (a)(2)(A)(i)(III). Pub. L. 103-465, Sec. 129(e)(1)(A)(ii), 
added subcl. (III).
    Subsec. (a)(2)(B)(iv). Pub. L. 103-465, Sec. 270(a)(1)(N), inserted 
``countervailable'' before ``subsidy''.
    Subsec. (a)(2)(B)(vii). Pub. L. 103-465, Sec. 129(e)(1)(B), added 
cl. (vii).
    Subsec. (a)(2)(B)(viii). Pub. L. 103-465, Sec. 271(b)(2), added cl. 
(viii).
    Subsec. (a)(5)(E). Pub. L. 103-465, Sec. 129(e)(2), added subpar. 
(E).
    Subsec. (b)(1)(A). Pub. L. 103-465, Sec. 220(b)(2)(A), substituted 
``under subparagraph (A), (B), or (C) of subsection (a)(1) of this 
section'' for ``under paragraph (1) of subsection (a) of this section''.
    Subsec. (b)(1)(B). Pub. L. 103-465, Sec. 220(b)(2)(B), designated 
existing provisions as cl. (i), substituted ``, or'' for period at end, 
and added cl. (ii).
    Subsec. (g)(8)(A)(i). Pub. L. 103-465, Sec. 129(e)(3), substituted 
``(A), (B), or (E)'' for ``(A) or (B)''.
    1993--Subsec. (a)(5). Pub. L. 103-182, Sec. 411(1), amended par. (5) 
generally, substituting present provisions for provisions relating to 
time limits for commencing review in cases involving Canadian 
merchandise.
    Subsec. (b)(3). Pub. L. 103-182, Sec. 411(2), inserted ``NAFTA or'' 
after ``decisions by'' in heading and ``of the NAFTA or'' after 
``article 1904'' in text.
    Subsec. (f)(6), (7). Pub. L. 103-182, Sec. 411(3)(A), amended pars. 
(6) and (7) generally, substituting present provisions for provisions 
which, in par. (6) defined ``United States Secretary'' as the secretary 
provided for in paragraph 4 of article 1909 of the United States-Canada 
Free-Trade Agreement, and in par. (7), defined ``Canadian Secretary'' as 
the secretary provided for in paragraph 5 of article 1909 of the 
Agreement.
    Subsec. (f)(8) to (10). Pub. L. 103-182, Sec. 411(3)(B), added pars. 
(8) to (10).
    Subsec. (g). Pub. L. 103-182, Sec. 411(4)(A), substituted ``free 
trade area country merchandise'' for ``Canadian merchandise'' in 
heading.
    Subsec. (g)(1). Pub. L. 103-182, Sec. 411(4)(B), substituted ``free 
trade area country merchandise'' for ``Canadian merchandise'' in 
concluding provisions.
    Subsec. (g)(2). Pub. L. 103-182, Sec. 411(4)(C), inserted ``of the 
NAFTA or'' after ``article 1904'' in introductory provisions.
    Subsec. (g)(3)(A). Pub. L. 103-182, Sec. 411(4)(D), in cl. (i), 
substituted ``nor the relevant FTA country'' for ``nor Canada'' and 
inserted ``of the NAFTA or'' before ``of the Agreement'', in cl. (ii), 
substituted ``nor the relevant FTA country'' for ``nor Canada'', in cl. 
(iii), inserted ``of the NAFTA or'' before ``of the Agreement'' and 
struck out ``or'' at end, in cl. (iv), struck out ``under paragraph 
(2)(A)'' before ``is not reviewable'' and substituted a comma for period 
at end, and added cls. (v) and (vi).
    Subsec. (g)(3)(B). Pub. L. 103-182, Sec. 411(4)(E), substituted 
first two sentences for former sentences which read as follows: ``A 
determination described in subparagraph (A)(i) or (iv) is reviewable 
under subsection (a) of this section only if the party seeking to 
commence review has provided timely notice of its intent to commence 
such review to the United States Secretary, the Canadian Secretary, all 
interested parties who were parties to the proceeding in connection with 
which the matter arises, and the administering authority or the 
Commission, as appropriate. Such notice is provided timely if the notice 
is delivered by no later than the date that is 20 days after the date 
described in subparagraph (A) or (B) of subsection (a)(5) of this 
section that is applicable to such determination.''
    Subsec. (g)(4)(A). Pub. L. 103-182, Sec. 411(4)(F), inserted ``the 
North American Free Trade Agreement Implementation Act implementing the 
binational dispute settlement system under chapter 19 of the NAFTA, or'' 
after ``or amendment made by,'', a comma before ``violates'', ``only'' 
after ``may be brought'', and ``, which shall have jurisdiction of such 
action'' after ``Circuit'' and struck out at end ``Any action brought 
under this subparagraph shall be heard and determined by a 3-judge court 
in accordance with section 2284 of title 28.''
    Subsec. (g)(5). Pub. L. 103-182, Sec. 411(4)(G), inserted ``of the 
NAFTA or'' after ``article 1904'' in subpars. (A), (B), and (C)(i), 
substituted ``, the relevant FTA Secretary,'' for ``, the Canadian 
Secretary,'' in subpar. (C)(ii), and inserted ``of the NAFTA or'' after 
``chapter 19'' in subpar. (C)(iii).
    Subsec. (g)(6). Pub. L. 103-182, Sec. 411(4)(H), inserted ``of the 
NAFTA or'' after ``article 1904''.
    Subsec. (g)(7). Pub. L. 103-182, Sec. 411(4)(I)(i), inserted ``of 
the NAFTA or the Agreement'' in heading.
    Subsec. (g)(7)(A). Pub. L. 103-182, Sec. 411(4)(I)(ii), (iii), 
substituted heading for one which read ``In general'' and inserted ``the 
NAFTA or'' before ``the Agreement''.
    Subsec. (g)(8)(A). Pub. L. 103-182, Sec. 411(4)(J), designated 
existing provisions as cl. (i), inserted cl. heading, realigned margin, 
inserted ``of the NAFTA or'' after ``article 1904(4)'', and added cl. 
(ii).
    Subsec. (g)(8)(B)(ii). Pub. L. 103-182, Sec. 411(4)(K), substituted 
``relevant FTA Secretary'' for ``Canadian Secretary''.
    Subsec. (g)(8)(C). Pub. L. 103-182, Sec. 411(4)(L), substituted ``of 
a determination under article 1904 of the NAFTA or the Agreement'' for 
``under article 1904 of the Agreement of a determination''.
    Subsec. (g)(9). Pub. L. 103-182, Sec. 411(4)(M), inserted ``of the 
NAFTA or'' after ``chapter 19''.
    Subsec. (g)(10). Pub. L. 103-182, Sec. 411(4)(N), substituted 
``Government of the relevant FTA country received notice of the 
determination under paragraph 4 of article 1904 of the NAFTA or the 
Agreement'' for ``Government of Canada received notice of the 
determination under article 1904(4) of the Agreement''.
    Subsec. (g)(11), (12). Pub. L. 103-182, Sec. 411(4)(O), added pars. 
(11) and (12).
    1990--Subsec. (a)(5)(A). Pub. L. 101-382, Sec. 134(a)(3)(A)(i), 
added subpar. (A) and struck out former subpar. (A) which read as 
follows: ``the date of publication in the Federal Register of--
        ``(i) notice of any determination described in paragraph (1)(B) 
    or a determination described in clause (ii) or (iii) of paragraph 
    (2)(B), or
        ``(ii) an antidumping or countervailing duty order based upon 
    any determination described in clause (i) of paragraph (2)(B), or''.
    Subsec. (a)(5)(C). Pub. L. 101-382, Sec. 134(a)(3)(A)(ii), added 
subpar. (C).
    Subsec. (g)(3)(A)(iv). Pub. L. 101-382, Sec. 134(a)(3)(B)(i), added 
cl. (iv).
    Subsec. (g)(3)(B). Pub. L. 101-382, Sec. 134(a)(3)(B)(ii), inserted 
``or (iv)'' after ``subparagraph (A)(i)''.
    1988--Subsec. (a)(5). Pub. L. 100-449, Sec. 401(a), added par. (5).
    Subsec. (b)(3). Pub. L. 100-449, Sec. 401(d), added par. (3).
    Subsec. (f)(5) to (7). Pub. L. 100-449, Sec. 401(b), added pars. (5) 
to (7).
    Subsec. (g). Pub. L. 100-449, Sec. 401(c), added subsec. (g).
    1986--Subsec. (a)(3). Pub. L. 99-514 substituted ``(2)(A)(i)(II)'' 
for ``(2)(A)(ii)''.
    1984--Subsec. (a)(1). Pub. L. 98-573, Sec. 623(a)(1), amended par. 
(1) generally, and thereby struck out the designation ``(A)'' before 
``Within 30 days'', redesignated former cls. (i) to (iii) as subpars. 
(A) to (C), respectively, in subpar. (A) as so redesignated struck out 
references to the Secretary and to section 1303(a)(3) of this title, in 
subpar. (B) as so redesignated struck out reference to the administering 
authority and to review of agreements based on changed circumstances, 
and struck out former subpar. (B), relating to a right of judicial 
review of certain determinations of the administering authority within 
10 days after publication of notice of the determination in the Federal 
Register.
    Subsec. (a)(2)(A). Pub. L. 98-573, Sec. 623(a)(2), inserted the 
designation ``(i)'' before ``the date of publication in the Federal 
Register of'', redesignated cls. (i) and (ii) as subcls. (I) and (II), 
respectively, and added cl. (ii).
    Subsec. (a)(2)(B)(i). Pub. L. 98-573, Sec. 623(a)(3), amended cl. 
(i) generally and thereby struck out provisions referring to final 
affirmative determinations by the Secretary and by the Commission under 
section 1303 of this title, and inserted reference to any negative part 
of decisions under section 1671d or 1673d of this title.
    Subsec. (a)(2)(B)(ii). Pub. L. 98-573, Sec. 623(a)(3), amended cl. 
(ii) generally and thereby struck out references to the Secretary and to 
section 1303 of this title and inserted provision relating to any part 
of a final affirmative determination which specifically excludes any 
company or product.
    Subsec. (a)(2)(B)(iii). Pub. L. 98-573, Sec. 623(a)(3), amended cl. 
(iii) generally and thereby substituted provisions relating to final 
determinations by the administering authority or the Commission for 
provisions relating to determinations by the Secretary, the 
administering authority, or the Commission.
    Subsec. (a)(2)(B)(iv). Pub. L. 98-573, Sec. 623(a)(3), amended cl. 
(iv) generally and thereby inserted provision relating to any final 
determination resulting from a continued investigation which changes the 
size of the dumping margin or net subsidy calculated, or the reasoning 
underlying such calculations, at the time the suspension agreement was 
concluded.
    Subsec. (a)(2)(B)(vi). Pub. L. 98-573, Sec. 623(a)(3), added cl. 
(vi).
    Subsec. (a)(3), (4). Pub. L. 98-573, Sec. 623(a)(4), added par. (3) 
and redesignated former par. (3) as (4).
    1982--Subsecs. (c)(1), (e). Pub. L. 97-164 substituted ``Court of 
Appeals for the Federal Circuit'' for ``Court of Customs and Patent 
Appeals''.
    1980--Subsec. (a)(1). Pub. L. 96-417, Sec. 608(a), inserted subpar. 
``(A) Thirty-day review'' heading; redesignated as cls. (i), (ii), and 
(iii) of subpar. (A) provisions formerly designated as subpars. (A), 
(C), and (D) of par. (1); inserted subpar. ``(B) Ten-day review'' 
heading and its introductory text; redesignated as cls. (i) and (ii) of 
subpar. (B) provisions formerly designated as subpars. (B) and (E) of 
par. (1), thus substituting ten-day for thirty-day review for such 
clauses; enacted provision respecting commencement of action by an 
interested party following subpars. (A) and (B), formerly enacted 
following only par. (1); and redesignated the United States Customs 
Court as the United States Court of International Trade in the latter 
provisions.
    Subsec. (a)(2)(A). Pub. L. 96-417, Sec. 601(7), redesignated the 
United States Customs Court as the United States Court of International 
Trade.
    Subsec. (a)(3). Pub. L. 96-542 substituted ``chapter 169 of title 
28'' for ``subsections (b), (c), and (e) of chapter 169 of title 28''.
    Pub. L. 96-417, Sec. 608(b), substituted ``chapter 169 of title 28'' 
for ``section 2632 of title 28''.
    Subsec. (c)(1), (2). Pub. L. 96-417, Secs. 601(7), 608(c), 
redesignated in pars. (1) and (2) the United States Customs Court as the 
United States Court of International Trade and deleted from par. (2) the 
criteria to be considered in ruling on an injunction, namely, the party 
likely to prevail, irreparable harm, public interest, and greater harm.
    Subsec. (d). Pub. L. 96-417, Secs. 601(7), 608(d), redesignated the 
United States Customs Court as the United States Court of International 
Trade and substituted requirement for notification of ``all such 
interested parties of the filing of an action under this section, in the 
form, manner, style, and within the time prescribed by rules of the 
court'' for prior notice requirement to ``all interested parties of the 
filing of an action pursuant to this section''.
    Subsec. (e). Pub. L. 96-417, Sec. 601(7), redesignated the United 
States Customs Court as the United States Court of International Trade.


                    Effective Date of 1994 Amendment

    Amendment by section 129(e) of Pub. L. 103-465 effective on the date 
on which the WTO Agreement enters into force with respect to the United 
States [Jan. 1, 1995], see section 130 of Pub. L. 103-465, set out as an 
Effective Date note under section 3531 of this title.
    Amendment by sections 220(b), 270(a)(1)(N), and 271(b) of Pub. L. 
103-465 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. 103-465, set 
out as a note under section 1671 of this title.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-182 effective on the date the North 
American Free Trade Agreement enters into force with respect to the 
United States [Jan. 1, 1994], but not applicable to any final 
determination described in section 1516a(a)(1)(B) or (2)(B)(i), (ii), or 
(iii) of this title, notice of which is published in the Federal 
Register before such date, or to a determination described in section 
1516a(a)(2)(B)(vi) of this title, notice of which is received by the 
Government of Canada or Mexico before such date, or to any binational 
panel review under the United States-Canada Free-Trade Agreement, or to 
any extraordinary challenge arising out of any such review, that was 
commenced before such date, see section 416 of Pub. L. 103-182, set out 
as an Effective Date note under section 3431 of this title.


            Effective and Termination Dates of 1988 Amendment

    Amendment by Pub. L. 100-449 effective on date United States-Canada 
Free-Trade Agreement enters into force (Jan. 1, 1989), and to cease to 
have effect on date Agreement ceases to be in force, see section 501(a), 
(c) of Pub. L. 100-449, set out in a note under section 2112 of this 
title.


                    Effective Date of 1984 Amendment

    Amendment by Pub. L. 98-573 applicable with respect to civil actions 
pending on, or filed on or after, Oct. 30, 1984, see section 626(b)(2) 
of Pub. L. 98-573, set out as a note under section 1671 of this title.


                    Effective Date of 1982 Amendment

    Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section 402 
of Pub. L. 97-164, set out as a note under section 171 of Title 28, 
Judiciary and Judicial Procedure.


                    Effective Date of 1980 Amendments

    Section 3 of Pub. L. 96-542 provided that: ``The amendments made by 
this Act [amending this section and provisions set out as a note under 
section 251 of Title 28, Judiciary and Judicial Procedure] shall be 
effective as of November 1, 1980.''
    Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and applicable 
with respect to civil actions pending on or commenced on or after such 
date, see section 701(a) of Pub. L. 96-417, set out as a note under 
section 251 of title 28.


                   Effective Date; Transitional Rules

    Section 1002 of title X of Pub. L. 96-39 provided that:
    ``(a) Effective Date.--The amendments made by this title [enacting 
this section and amending sections 1514, 1515, and 1516 of this title 
and sections 1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and 
Judicial Procedure] shall take effect on that date (hereinafter in this 
section referred to as the `effective date') on which title VII of the 
Tariff Act of 1930 [subtitle IV of this chapter] (as added by title I of 
this Act) takes effect [Jan. 1, 1980]; and section 515(a) of such Act of 
1930 [section 1515(a) of this title] (as amended by section 1001(b)(2)) 
shall apply with respect to any denial, in whole or in part, of a 
protest filed under section 514 of such Act of 1930 [section 1514 of 
this title] on or after the effective date.
    ``(b) Transitional Rules.--
        ``(1) Certain protests, petitions, actions, etc.--The amendments 
    made by this title [enacting this section and amending sections 
    1514, 1515, and 1516 of this title and sections 1541, 1582, 2632, 
    2633, and 2637 of Title 28, Judiciary and Judicial Procedure] shall 
    not apply with respect to--
            ``(A) any protest, petition, or notice of desire to contest 
        filed before the effective date [Jan. 1, 1980] under section 
        514, 516(a), or 516(d), respectively, of the Tariff Act of 1930 
        [section 1514, 1516(a), or 1516(d) of this title];
            ``(B) any civil action commenced before the effective date 
        [Jan. 1, 1980] under section 2632 of title 28 of the United 
        States Code; or
            ``(C) any civil action commenced after the effective date 
        [Jan. 1, 1980] under such section 2632 if the protest, petition, 
        or notice of desire to contest (under section 514, 516(a), or 
        516(d), respectively, of the Tariff Act of 1930) on which such 
        action is based was filed before such effective date.
        ``(2) Law to be applied for purposes of such actions.--
    Notwithstanding the repeal of the Antidumping Act, 1921 [sections 
    160 to 171 of this title], by section 106(a) of this Act, and the 
    amendment of section 303 of the Tariff Act of 1930 [section 1303 of 
    this title] by section 103 of this Act, the law in effect on the 
    date of any finding or determination contested in a civil action 
    described in subparagraph (A), (B), or (C) of paragraph (1) shall be 
    applied for purposes of that action.
        ``(3) Certain countervailing and antidumping duty assessments.--
    The amendments made by this title [enacting this section and 
    amending sections 1514, 1515, and 1516 of this title and sections 
    1541, 1582, 2632, 2633, and 2637 of Title 28, Judiciary and Judicial 
    Procedure] shall apply with respect to the review of the assessment 
    of, or failure to assess, any countervailing duty or antidumping 
    duty on entries subject to a countervailing duty order or 
    antidumping finding if the assessment is made after the effective 
    date. If no assessment of such duty had been made before the 
    effective date that could serve the party seeking review as the 
    basis of a review of the underlying determination, made by the 
    Secretary of the Treasury or the International Trade Commission 
    before the effective date, on which such order, finding, or lack 
    thereof is based, then the underlying determination shall be subject 
    to review in accordance with the law in effect on the day before the 
    effective date.
        ``(4) Certain countervailing and antidumping duty 
    determinations.--With respect to any preliminary determination or 
    final determination of the Secretary of the Treasury under section 
    303 of the Tariff Act of 1930 [section 1303 of this title] or the 
    Antidumping Act, 1921 [sections 160 to 171 of this title], which is 
    treated under section 102 of this Act [set out as a note under 
    section 1671 of this title] as if made under section 703(b), 705(a), 
    733(b), or 735(a) of the Tariff Act of 1930 [section 1671b(b), 
    1671d(a), 1673b(b), or 1673d(a) of this title] (as added by title I 
    of this Act) such determinations shall be subject to judicial review 
    in the same manner and to the same extent as if made on the day 
    before the effective date.''


              Effect of Termination of NAFTA Country Status

    For provisions relating to effect of termination of NAFTA country 
status on the provisions of sections 401 to 416 of Pub. L. 103-182, see 
section 3451 of this title.


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to any plan, 
such plan amendment shall not be required to be made before the first 
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. 
L. 99-514, as amended, set out as a note under section 401 of Title 26, 
Internal Revenue Code.

        Acceptance by President of Panel and Committee Decisions

    For acceptance by President of decisions of binational panels and 
extraordinary challenge committees in event that subsec. (b)(7)(B) of 
this section takes effect, see section 2 of Ex. Ord. No. 12889, Dec. 27, 
1993, 58 F.R. 69681, set out as a note under section 3311 of this title.
    For provision that in the event that subsec. (g)(7)(B) of this 
section takes effect, the President accepts, as a whole, all decisions 
of binational panels and extraordinary challenge committees, see section 
3 of Ex. Ord. No. 12662, Dec. 31, 1988, 54 F.R. 785, set out as a note 
under section 2112 of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1514, 1675, 1675b, 1676a, 
1677f, 1677n, 3451 of this title; title 28 sections 1581, 2201, 2631, 
2632, 2635, 2636, 2639, 2640, 2643.
