JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY CASES.

SEC. 411. JUDICIAL REVIEW IN ANTIDUMPING DUTY AND COUNTERVAILING DUTY CASES. Section 516A of the Tariff Act of 1930 (19 U.S.C. 1516a) is amended as follows: (1) Subsection (a)(5) (relating to time limits for commencing review) is amended to read as follows: “(5) Time limits in cases involving merchandise from free trade area countries.— Notwithstanding any other 107 STAT. 2141provision 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 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), 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). 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), 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), the day after the date that notice of settlement is published in the Federal Register.”. (2) Subsection (b)(3) (relating to the standards of review) is amended— (A) by inserting “nafta or” after “decisions by” in the heading; and (B) by inserting “of the NAFTA or” after “article 1904”. (3) Subsection (f) (relating to definitions) is amended— (A) by amending paragraphs (6) and (7) to read as follows: “(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 107 STAT. 2142 “(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.”; and (B) by adding at the end the following new paragraphs: “(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.”. (4) Subsection (g) (relating to review of countervailing and antidumping duty determinations) is amended as follows: (A) The subsection heading is amended by striking out “Canadian Merchandise” and inserting “Free Trade Area Country Merchandise”. (B) Paragraph (1) is amended by striking out “Canadian merchandise” and inserting “free trade area country merchandise”. (C) Paragraph (2) is amended by inserting “of the NAFTA or” after “article 1904”. (D) Paragraph (3)(A) is amended— (i) by striking out “nor Canada” and inserting “nor the relevant FTA country” in each of clauses (i) and (ii); (ii) by inserting “of the NAFTA or” before “of the Agreement” in each of clauses (i) and (iii); (iii) by striking out “or” at the end of clause (iii); (iv) by amending clause (iv)— (I) by striking out “under paragraph (2)(A)”; and (II) by striking out the period and inserting a comma; and (v) by adding at the end of subparagraph (A) the following: “(v) a determination as to which binational panel review has terminated pursuant to paragraph 12 of article 1905 of the NAFTA, or 107 STAT. 2143 “(vi) a determination as to which extraordinary challenge committee review has terminated pursuant to paragraph 12 of article 1905 of the NAFTA . (E) The first and second sentences of paragraph (3)(B) are amended to read as follows: “A determination described in subparagraph (A)(i) or (iv) is reviewable under subsection (a) only if the party seeking to commence review has provided timely notice of its intent to commence such review “(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) that is applicable to such determination, except that, if the time tor 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.”. (F) Paragraph (4)(A) is amended— (i) in the first sentence— (I) by inserting “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,”; (II) by inserting a comma before “violates”; (III) by inserting “only” after “may be brought”; and (IV) by inserting “, which shall have jurisdiction of such action” after “Circuit”; and (ii) by striking the last sentence. (G) Paragraph (5) is amended— (i) by inserting “of the NAFTA or” after “article 1904” in each of subparagraphs (A), (B), and (C)(i); (ii) by striking out “, the Canadian Secretary,” in subparagraph (C)(ii) and inserting “, the relevant FTA Secretary,”; and (iii) by inserting “of the NAFTA or” after “chapter 19” in subparagraph (C)(iii). (H) Paragraph (6) is amended by inserting “of the NAFTA or” after “article 1904”. (I) Paragraph (7) is amended— (i) by inserting “of the nafta or the agreement” before the period in the paragraph heading; (ii) by striking out “In general.—” in the heading to subparagraph (A) and inserting “Action upon remand.—”; and (iii) by inserting “the NAFTA or” before “the Agreement” in subparagraph (A). (J) Paragraph (8)(A) is amended— 107 STAT. 2144 (i) by inserting “(i) General Rule.—” before “An interested party”; (ii) by inserting “of the NAFTA or” after “article 1904(4)”; (iii) by indenting the text so as to align it with new clause (ii) (as added by clause (iv) of this subparagraph); and (iv) by adding at the end the following new clause: “(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.”. (K) Paragraph (8)(B)(ii) is amended by striking out “Canadian Secretary,” and inserting “relevant FTA Secretary,”. (L) Paragraph (8)(C) is amended by striking out “under article 1904 of the Agreement of a determination” and inserting “of a determination under article 1904 of the NAFTA or the Agreement”. (M) Paragraph (9) is amended by inserting “of the NAFTA or” after “chapter 19”. (N) Paragraph (10) is amended by striking out “Government of Canada” and all that follows thereafter and inserting “Government of the relevant FTA country received notice of the determination under paragraph 4 of article 1904 of the NAFTA or the Agreement.”. (O) The following new paragraphs are added at the end: “(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 or 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) 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 107 STAT. 2145(f)(10) (A) or (B) 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); 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). “(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), “(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) 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, 107 STAT. 2146 “(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) (i) Transfer for judicial review upon settlement.— If the Trade Representative achieves a settlement with the government of a country described in subsection (0(10) (A) or (B) 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). “(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.”.