19 U.S.C. § 1675c — Repealed. Pub. L. 109–171, title VII,

Page 379 TITLE 19—CUSTOMS DUTIES § 1675c istering authority may decline a request by such party to initiate a review of an order under section 1675(c) of this title which in- volves the same or comparable subject mer- chandise. (2) Cumulation If a review under section 1675(c) of this title is initiated under paragraph (1), such review shall be treated as having been initiated on the same day as the investigation under this section, and the Commission may, in accord- ance with section 1677(7)(G) of this title, cu- mulatively assess the volume and effect of im- ports of the subject merchandise from all countries with respect to which such inves- tigations are treated as initiated on the same day. (3) Time and procedure for Commission deter- mination The Commission shall render its determina- tion in the investigation conducted under this section at the same time as the Commission’s determination is made in the review under section 1675(c) of this title that is initiated pursuant to this subsection. The Commission shall in all other respects apply the procedures and standards set forth in section 1675(c) of this title to such section 1675(c) of this title reviews. (June 17, 1930, ch. 497, title VII, § 753, as added Pub. L. 103–465, title II, § 271(a), Dec. 8, 1994, 108 Stat. 4918; amended Pub. L. 104–295, § 39, Oct. 11, 1996, 110 Stat. 3540.) Editorial Notes REFERENCES IN TEXT Section 1303 of this title, referred to in subsecs. (a)(2) and (c), is defined in section 1677(26) of this title to mean section 1303 as in effect on the day before Jan. 1, 1995. AMENDMENTS 1996—Pub. L. 104–295, § 39(1), inserted ‘‘or section 1671(c)’’ after ‘‘section 1303’’ in section catchline. Subsecs. (a)(2), (c). Pub. L. 104–295 inserted ‘‘or sec- tion 1671(c) of this title’’ after ‘‘section 1303 of this title’’ and struck out ‘‘under section 1303(a)(2) of this title’’ after ‘‘material injury’’. Statutory Notes and Related Subsidiaries 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 speci- fied provisions of this chapter after such date, see sec- tion 291 of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 1671 of this title. Executive Documents URUGUAY ROUND AGREEMENTS: ENTRY INTO FORCE The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements an- nexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title. § 1675c. Repealed. Pub. L. 109–171, title VII, § 7601(a), Feb. 8, 2006, 120 Stat. 154 Section 1675c, act June 17, 1930, ch. 497, title VII, § 754, as added Pub. L. 106–387, § 1(a) [title X, § 1003(a)], Oct. 28, 2000, 114 Stat. 1549, 1549A–73, related to the continued dumping and subsidy offset. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Pub. L. 109–171, title VII, § 7601(a), Feb. 8, 2006, 120 Stat. 154, provided that the repeal made by section 7601(a) is effective Feb. 8, 2006. PROHIBITION ON COLLECTION OF CERTAIN PAYMENTS MADE UNDER THE CONTINUED DUMPING AND SUBSIDY OFFSET ACT OF 2000. Pub. L. 111–5, div. B, title I, § 1701, Feb. 17, 2009, 123 Stat. 366, provided that: ‘‘(a) IN GENERAL.—Notwithstanding any other provi- sion of law, neither the Secretary of Homeland Secu- rity nor any other person may— ‘‘(1) require repayment of, or attempt in any other way to recoup, any payments described in subsection (b); or ‘‘(2) offset any past, current, or future distributions of antidumping or countervailing duties assessed with respect to imports from countries that are not parties to the North American Free Trade Agreement in an attempt to recoup any payments described in subsection (b). ‘‘(b) PAYMENTS DESCRIBED.—Payments described in this subsection are payments of antidumping or coun- tervailing duties made pursuant to the Continued Dumping and Subsidy Offset Act of 2000 (section 754 of the Tariff Act of 1930 (19 U.S.C. 1675c; repealed by sub- title F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154))) that were— ‘‘(1) assessed and paid on imports of goods from countries that are parties to the North American Free Trade Agreement; and ‘‘(2) distributed on or after January 1, 2001, and be- fore January 1, 2006. ‘‘(c) PAYMENT OF FUNDS COLLECTED OR WITHHELD.— Not later than the date that is 60 days after the date of the enactment of this Act [Feb. 17, 2009], the Sec- retary of Homeland Security shall— ‘‘(1) refund any repayments, or any other recoupment, of payments described in subsection (b); and ‘‘(2) fully distribute any antidumping or counter- vailing duties that the U.S. Customs and Border Pro- tection is withholding as an offset as described in subsection (a)(2). ‘‘(d) LIMITATION.—Nothing in this section shall be construed to prevent the Secretary of Homeland Secu- rity, or any other person, from requiring repayment of, or attempting to otherwise recoup, any payments de- scribed in subsection (b) as a result of— ‘‘(1) a finding of false statements or other mis- conduct by a recipient of such a payment; or ‘‘(2) the reliquidation of an entry with respect to which such a payment was made.’’ DISTRIBUTIONS ON CERTAIN ENTRIES Pub. L. 111–291, title VIII, § 822, Dec. 8, 2010, 124 Stat. 3163, as amended by Pub. L. 111–312, title V, § 504(a), Dec. 17, 2010, 124 Stat. 3308, provided that: ‘‘Notwith- standing section 1701(b) [probably means 7601(b)] of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154 (19 U.S.C. 1675c note) [set out below]) or any other provision of law, no payments shall be distrib- uted under section 754 of the Tariff Act of 1930 [this sec- tion], as in effect on the day before the date of the en- actment of such section 1701 [probably means 7601, which was approved Feb. 8, 2006], with respect to the entries of any goods that are, on the date of the enact- ment of this Act [Dec. 8, 2010]— Page 380 TITLE 19—CUSTOMS DUTIES § 1676 ‘‘(1) unliquidated; and ‘‘(2)(A) not in litigation; and ‘‘(B) not under an order of liquidation from the De- partment of Commerce.’’ [Pub. L. 111–312, title V, § 504(b), Dec. 17, 2010, 124 Stat. 3308, provided that: ‘‘The amendment made by sub- section (a) [amending section 822 of Pub. L. 111–291, set out above] shall take effect as if included in the provi- sions of the Claims Resolution Act of 2010 [Pub. L. 111–291].’’] Pub. L. 109–171, title VII, § 7601(b), Feb. 8, 2006, 120 Stat. 154, provided that: ‘‘All duties on entries of goods made and filed before October 1, 2007, that would, but for subsection (a) of this section [repealing this sec- tion], be distributed under section 754 of the Tariff Act of 1930 [this section], shall be distributed as if section 754 of the Tariff Act of 1930 had not been repealed by subsection (a).’’ SUBPART B—CONSULTATIONS AND DETERMINA- TIONS REGARDING QUANTITATIVE RESTRICTION AGREEMENTS § 1676. Required consultations (a) Agreements in response to countervailable subsidies Within 90 days after the administering author- ity accepts a quantitative restriction agreement under section 1671c(a)(2) or (c)(3) of this title, the President shall enter into consultations with the government that is party to the agree- ment for purposes of— (1) eliminating the countervailable subsidy completely, or (2) reducing the net countervailable subsidy to a level that eliminates completely the inju- rious effect of exports to the United States of the merchandise. (b) Modification of agreements on basis of con- sultations At the direction of the President, the admin- istering authority shall modify a quantitative restriction agreement as a result of consulta- tions entered into under subsection (a). (c) Special rule regarding agreements under sec- tion 1671c(c)(3) of this title This subpart shall cease to apply to a quan- titative restriction agreement described in sec- tion 1671c(c)(3) of this title at such time as that agreement ceases to have force and effect under section 1671c(f) of this title or violation is found under section 1671c(i) of this title. (June 17, 1930, ch. 497, title VII, § 761, as added Pub. L. 98–573, title VI, § 611(a)(4), Oct. 30, 1984, 98 Stat. 3031; amended Pub. L. 103–465, title II, § 270(a)(1)(I), (b)(1)(C), (2), Dec. 8, 1994, 108 Stat. 4917.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–465, § 270(b)(1)(C), (2), in- serted ‘‘countervailable’’ before ‘‘subsidies’’ in heading. Subsec. (a)(1), (2). Pub. L. 103–465, § 270(a)(1)(I), in- serted ‘‘countervailable’’ before ‘‘subsidy’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by 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 in- vestigations, reviews, and inquiries initiated and peti- tions 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 Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amend- ed, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. § 1676a. Required determinations (a) In general Before the expiration date, if any, of a quan- titative restriction agreement accepted under section 1671c(a)(2) or 1671c(c)(3) of this title (if suspension of the related investigation is still in effect)— (1) the administering authority shall, at the direction of the President, initiate a pro- ceeding to determine whether any countervailable subsidy is being provided with respect to the subject merchandise and, if being so provided, the net countervailable sub- sidy; and (2) if the administering authority initiates a proceeding under paragraph (1), the Commis- sion shall determine whether imports of the merchandise of the kind subject to the agree- ment will, upon termination of the agreement, materially injure, or threaten with material injury, an industry in the United States or materially retard the establishment of such an industry. (b) Determinations The determinations required to be made by the administering authority and the Commis- sion under subsection (a) shall be made under such procedures as the administering authority and the Commission, respectively, shall by regu- lation prescribe, and shall be treated as final de- terminations made under section 1671d of this title for purposes of judicial review under sec- tion 1516a of this title. If the determinations by each are affirmative, the administering author- ity shall— (1) issue a countervailing duty order under section 1671e of this title effective with respect to merchandise entered on and after the date on which the agreement terminates; and (2) order the suspension of liquidation of all entries of subject merchandise which are en- tered, or withdrawn from warehouse for con- sumption, on or after the date of publication of the order in the Federal Register. (c) Hearings The determination proceedings required to be prescribed under subsection (b) shall provide that the administering authority and the Com- mission must, upon the request of any inter- ested party, hold a hearing in accordance with section 1677c of this title on the issues involved. (June 17, 1930, ch. 497, title VII, § 762, as added Pub. L. 98–573, title VI, § 611(a)(4), Oct. 30, 1984, 98 Stat. 3032; amended Pub. L. 103–465, title II,