                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                       Part IV--General Provisions
 
Sec. 1677k. Third-country dumping


(a) Definitions

    For purposes of this section:
        (1)(A) The term ``Agreement'' means the Agreement on 
    Implementation of Article VI of the GATT 1994 (relating to 
    antidumping measures).
        (B) The term ``GATT 1994'' has the meaning given that term in 
    section 3501(1)(B) of this title.
        (2) The term ``Agreement country'' means a foreign country that 
    has accepted the Agreement.
        (3) The term ``Trade Representative'' means the United States 
    Trade Representative.

(b) Petition by domestic industry

    (1) A domestic industry that produces a product that is like or 
directly competitive with merchandise produced by a foreign country 
(whether or not an Agreement country) may, if it has reason to believe 
that--
        (A) such merchandise is being dumped in an Agreement country; 
    and
        (B) such domestic industry is being materially injured, or 
    threatened with material injury, by reason of such dumping;

submit a petition to the Trade Representative that alleges the elements 
referred to in subparagraphs (A) and (B) and requests the Trade 
Representative to take action under subsection (c) of this section on 
behalf of the domestic industry.
    (2) A petition submitted under paragraph (1) shall contain such 
detailed information as the Trade Representative may require in support 
of the allegations in the petition.

(c) Application for antidumping action on behalf of domestic industry

    (1) If the Trade Representative, on the basis of the information 
contained in a petition submitted under paragraph (1), determines that 
there is a reasonable basis for the allegations in the petition, the 
Trade Representative shall submit to the appropriate authority of the 
Agreement country where the alleged dumping is occurring an application 
pursuant to Article 12 of the Agreement which requests that appropriate 
antidumping action under the law of that country be taken, on behalf of 
the United States, with respect to imports into that country of the 
merchandise concerned.
    (2) At the request of the Trade Representative, the appropriate 
officers of the Department of Commerce and the United States 
International Trade Commission shall assist the Trade Representative in 
preparing the application under paragraph (1).

(d) Consultation after submission of application

    After submitting an application under subsection (c)(1) of this 
section, the Trade Representative shall seek consultations with the 
appropriate authority of the Agreement country regarding the request for 
antidumping action.

(e) Action upon refusal of Agreement country to act

    If the appropriate authority of an Agreement country refuses to 
undertake antidumping measures in response to a request made therefor by 
the Trade Representative under subsection (c) of this section, the Trade 
Representative shall promptly consult with the domestic industry on 
whether action under any other law of the United States is appropriate.

(Pub. L. 100-418, title I, Sec. 1317, Aug. 23, 1988, 102 Stat. 1188; 
Pub. L. 103-465, title VI, Sec. 621(a)(1), Dec. 8, 1994, 108 Stat. 
4992.)

                          Codification

    Section was enacted as part of the Omnibus Trade and Competitiveness 
Act of 1988, and not as part of the Tariff Act of 1930 which comprises 
this chapter.


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-465 designated existing provisions 
as subpar. (A), substituted ``GATT 1994'' for ``General Agreement on 
Tariffs and Trade'', and added subpar. (B).


                    Effective Date of 1994 Amendment

    Section 621(b) of Pub. L. 103-465 provided that: ``The amendments 
made by this section [amending this section and sections 2171, 2411, 
2702, 2905, 2906, 3107, 3111, and 3202 of this title] shall take effect 
on the date on which the WTO Agreement enters into force with respect to 
the United States [Jan. 1, 1995].''
