Page:United States Statutes at Large Volume 102 Part 2.djvu/874

 102 STAT. 1878

1 USC 2 1 9 12 note

PUBLIC LAW 100-449—SEPT. 28, 1988

TITLE IV—BINATIONAL PANEL DISPUTE SETTLEMENT IN ANTIDUMPING AND COUNTERVAILING DUTY CASES. SEC. 401. AMENDMENTS TO SECTION 516A OF THE TARIFF ACT OF 1930. (a) TIME LIMITS.—Section 516A(a) of the Tariff Act of 1930 (19

U.S.C. 1516a(a)) is amended by adding at the end thereof the following new paragraph. "(5) TIME LIMITS IN CASES INVOLVING CANADIAN MERCHAN-

Federal Register, publication,

DISE.—Notwithstanding any other provision of this subsection, in the case of a determination to which the provisions of subsection (g) 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 31st day after— "(A) the date of publication in the Federal Register of— "(1) notice of any determination described in paragraph (I)(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 "(B) the date on which the Government of Canada receives notice of a determination described in clause (vi) of paragraph (2)(B).". (b) DEFINITIONS.—Section 516A(0 of the Tariff Act of 1930 (19 U.S.C. 1516a(0) is amended by adding at the end thereof the following new paragraphs: "(5) AGREEMENT.—The term 'Agreement' means the United Stat^-Canada Free-Trade Agreement. "(6) UNITED STATES SECRETARY.—The term 'United States Secretary' means the secretary provided for in paragraph 4 of article 1909 of the Agreement. "(7) CANADIAN SECRETARY.—The term 'Canadian Secretary' means the secretary provided for in paragraph 5 of article 1909 of the Agreement.". (c) REVIEW REGARDING CANADIAN MERCHANDISE.—Section 516A of

the Tariff Act of 1930 (19 U.S.C. 1516a) is amended by adding at the end thereof the following new subsection: "(g) REVIEW OF COUNTERVAIUNG DUTY AND ANTIDUMPING DUTY DETERMINATIONS INVOLVING CANADIAN MERCHANDISE.— "(1) DEFINITION OF DETERMINATION.—For purposes of this

subsection, the term 'determination' means a determination described in— "(A) paragraph (I)(B) of subsection (a), or "(B) clause (i), (ii), (iii), or (vi) of paragraph (2)(B) of subsection (a), if made in connection with a proceeding regarding a class or kind of Canadian 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 Agreement, then, except as provided in paragraphs (3) and (4)—

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