                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                       Part IV--General Provisions
 
Sec. 1677n. Antidumping petitions by third countries


(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) of this section.

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

(e) Issuance of order

    If the administering authority makes an affirmative determination 
under paragraph (1) of subsection (c) of this section, and the 
Commission makes an affirmative determination under paragraph (2) of 
subsection (c) of this section, 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) of this section, 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, Sec. 783, as added Pub. L. 103-465, 
title II, Sec. 232(a), Dec. 8, 1994, 108 Stat. 4897; amended Pub. L. 
104-295, Sec. 20(b)(17), Oct. 11, 1996, 110 Stat. 3528.)


                               Amendments

    1996--Subsec. (f). Pub. L. 104-295 substituted ``subsection (e)'' 
for ``subsection (d)''.


                             Effective Date

    Section 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 an Effective Date of 1994 Amendment note under 
section 1671 of this title.
