19 U.S.C. § 3434
Section 3434 · Requests for review of determinations by competent investigating authorities of NAFTA countries
Amended 1 time on record
Applied in 3 court decisions — leading case Bldg. Sys. de Mexico, S.A. de C v. v. United States (2020)
Most recently applied in Bldg. Sys. de Mexico, S.A. de C v. v. United States (November 2020)
As used in this section:
(1) Competent investigating authority
The term “competent investigating authority” means the competent investigating authority, as defined in article 1911, of a NAFTA country.
(2) United States Secretary
The term “United States Secretary” means that officer of the United States referred to in article 1908.
In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 1904 shall be made by the United States Secretary.
In the case of a final determination of a competent investigating authority, a person, within the meaning of paragraph 5 of article 1904, may request a binational panel review of such determination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 1904. The receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 1904. The request for such panel review shall be without prejudice to any challenge before a binational panel of the basis for a particular request for review.
Whenever binational panel review of a final determination made by a competent investigating authority is requested under this section, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the importing country to commence proceedings for judicial review of the determination.