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19 U.S.C. § 1303 — Repealed. Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908

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19 U.S.C. § 1303 — Repealed. Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908

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Source file: Laws/federal/codes/united-states-code/title-19/section-1303-repealed-pub-l-103465-title-ii-261-a-dec-8-1994-108-stat-4908--406b9c10ea.md
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Source location: Title 19, Chapter 4, § 1303; chapter-004-tariff-act-of-1930.md

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### Statutory Notes Section, acts June 17, 1930, ch. 497, title III, § 303, 46 Stat. 687; Jan. 3, 1975, Pub. L. 93–618, title III, § 331(a), 88 Stat. 2049; Apr. 3, 1979, Pub. L. 96–6, § 1, 93 Stat. 10; July 26, 1979, Pub. L. 96–39, title I, §§ 103, 105(a), 93 Stat. 190, 193, provided for the levy of countervailing duties. #### Effective Date of Repeal Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908, provided that this section is repealed “effective on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)]”. #### Savings Provision Pub. L. 103–465, title II, § 261(b), (c), Dec. 8, 1994, 108 Stat. 4908, 4909, provided that: “(b) Savings Provisions.—“(1) Continuing effect of legal documents.—All orders, determinations, and other administrative actions—“(A) which have been issued pursuant to an investigation conducted under section 303 of the Tariff Act of 1930 [[19 U.S.C. 1303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim)], and “(B) which are in effect on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)], or were final before such date and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the administering authority, the International Trade Commission, or a court of competent jurisdiction, or by operation of law. Except as provided in paragraph (3), such orders or determinations shall be subject to review under section 751 of the Tariff Act of 1930 [[19 U.S.C. 1675](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim)] and, to the extent applicable, investigation under section 753 of such Act [[19 U.S.C. 1675b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675b&num=0&edition=prelim)] (as added by this title). “(2) Proceedings not affected.—The provisions of subsection (a) shall not affect any proceedings, including notices of proposed rulemaking, pending before the administering authority or the International Trade Commission on the effective date of this title with respect to such section 303 [[19 U.S.C. 1303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim)]. Orders shall be issued in such proceedings, appeals shall be taken therefrom, and payments shall be made pursuant to such orders, in accordance with such section 303 as in effect on the day before the effective date of this title and, except as provided in paragraph (3), shall be subject to review under section 751 of the Tariff Act of 1930 [[19 U.S.C. 1675](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim)] and, to the extent applicable, investigation under section 753 of such Act [[19 U.S.C. 1675b](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675b&num=0&edition=prelim)]. Orders issued in any such proceedings shall continue in effect until modified, terminated, superseded, set aside, or revoked in accordance with law by the administering authority, a court of competent jurisdiction, or by operation of law. Nothing in this section shall be deemed to prohibit the discontinuance or modification of any such proceeding under the same terms and conditions and to the same extent that such proceeding could have been discontinued or modified if this section had not been enacted. “(3) Suits not affected.—The provisions of subsection (a) shall not affect the review pursuant to section 516A of the Tariff Act of 1930 [[19 U.S.C. 1516a](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516a&num=0&edition=prelim)] of a countervailing duty order issued pursuant to an investigation conducted under section 303 of such Act [[19 U.S.C. 1303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim)] or a review of a countervailing duty order issued under section 751 of such Act [[19 U.S.C. 1675](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim)], if such review is pending or the time for filing such review has not expired on the effective date of this title. “(c) Definition of Administering Authority.—For purposes of this section, the term ‘administering authority’ has the meaning given such term by section 771(1) of the Tariff Act of 1930 [[19 U.S.C. 1677(1)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/1&num=0&edition=prelim)].” #### References to Former Section 1303 Pub. L. 103–465, title II, § 261(d)(1)(C), Dec. 8, 1994, 108 Stat. 4910, provided that: “Any reference to section 303 [[19 U.S.C. 1303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim)] in any other Federal law, Executive order, rule, or regulation shall be treated as a reference to section 303 of the Tariff Act of 1930 as in effect on the day before the effective date of title II of this Act [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)].” References to section 1303 in chapter 4 of this title defined to mean section 1303 as in effect on the day before Jan. 1, 1995, see [section 1677(26) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/26&num=0&edition=prelim).

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1675b — Special rules for injury investigations for certain section 1303 or section 1671(c) countervailing duty orders and investigations

**(a) In general** (1) **Investigation by the commission upon request** — In the case of a countervailing duty order described in paragraph (2), which— (A) applies to merchandise that is the product of a Subsidies Agreement country, and (B) (i) is in effect on the date on which such country becomes a Subsidies Agreement country, or (ii) is issued on a date that is after the date described in clause (i) pursuant to a court order in an action brought under [section 1516a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516a&num=0&edition=prelim), the Commission, upon receipt of a request from an interested party described in section 1677(9)(C), (D), (E), (F), or (G) of this title for an injury investigation with respect to such order, shall initiate an investigation and shall determine whether an industry in the United States is likely to be materially injured by reason of imports of the subject merchandise if the order is revoked. (2) **Description of countervailing duty orders** — A countervailing duty order described in this paragraph is an order issued under section 1303 11 See References in Text note below. of this title or [section 1671(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671/c&num=0&edition=prelim) with respect to which the requirement of an affirmative determination of material injury was not applicable at the time such order was issued. (3) **Requirements of request for investigation** — A request for an investigation under this subsection shall be submitted— (A) in the case of an order described in paragraph (1)(B)(i), within 6 months after the date on which the country described in paragraph (1)(A) becomes a Subsidies Agreement country,

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Federal law — U.S. Code and appendices · legal_authorities

19 U.S.C. § 1671 — Countervailing duties imposed

**(a) General rule** If— (1) the administering authority determines that the government of a country or any public entity within the territory of a country is providing, directly or indirectly, a countervailable subsidy with respect to the manufacture, production, or export of a class or kind of merchandise imported, or sold (or likely to be sold) for importation, into the United States, and (2) in the case of merchandise imported from a Subsidies Agreement country, the Commission determines that— (A) an industry in the United States— (i) is materially injured, or (ii) is threatened with material injury, or (B) the establishment of an industry in the United States is materially retarded, by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation, then there shall be imposed upon such merchandise a countervailing duty, in addition to any other duty imposed, equal to the amount of the net countervailable subsidy. For purposes of this subsection and [section 1671d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b/1&num=0&edition=prelim), a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. **(b) Subsidies Agreement country** For purposes of this subtitle, the term “Subsidies Agreement country” means— (1) a WTO member country, (2) a country which the President has determined has assumed obligations with respect to the United States which are substantially equivalent to the obligations under the Subsidies Agreement, or (3) a country with respect to which the President determines that— (A) there is an agreement i

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19 U.S.C. § 1675 — Administrative review of determinations

**(a) Periodic review of amount of duty** (1) **In general** — At least once during each 12-month period beginning on the anniversary of the date of publication of a countervailing duty order under this subtitle or under section 1303 11 See References in Text note below. of this title, an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or a notice of the suspension of an investigation, the administering authority, if a request for such a review has been received and after publication of notice of such review in the Federal Register, shall— (A) review and determine the amount of any net countervailable subsidy, (B) review, and determine (in accordance with paragraph (2)), the amount of any antidumping duty, and (C) review the current status of, and compliance with, any agreement by reason of which an investigation was suspended, and review the amount of any net countervailable subsidy or dumping margin involved in the agreement, and shall publish in the Federal Register the results of such review, together with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed. (2) **Determination of antidumping duties** (A) *In general* — For the purpose of paragraph (1)(B), the administering authority shall determine— (i) the normal value and export price (or constructed export price) of each entry of the subject merchandise, and (ii) the dumping margin for each such entry. (B) *Determination of antidumping or countervailing duties for new exporters and producers* (i) *In general* — If the administering authority receives a request from an exporter or producer of the subject merchandise establishing that— (I) such exporter or producer did not export the merc

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19 U.S.C. § 1516a — Judicial review in countervailing duty and antidumping duty proceedings

**(a) Review of determination** (1) **Review of certain determinations** — Within 30 days after the date of publication in the Federal Register of— (A) a determination by the administering authority, under 1671a(c) 11 So in original. Probably should be preceded by “section”. or 1673a(c) of this title, not to initiate an investigation, (B) a determination by the Commission, under [section 1675(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/b&num=0&edition=prelim), not to review a determination based upon changed circumstances, (C) a negative determination by the Commission, under section 1671b(a) or 1673b(a) of this title, as to whether there is reasonable indication of material injury, threat of material injury, or material retardation, or (D) a final determination by the administering authority or the Commission under [section 1675(c)(3) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675/c/3&num=0&edition=prelim), an interested party who is a party to the proceeding in connection with which the matter arises may commence an action in the United States Court of International Trade by filing concurrently a summons and complaint, each with the content and in the form, manner, and style prescribed by the rules of that court, contesting any factual findings or legal conclusions upon which the determination is based. (2) **Review of determinations on record** (A) *In general* — Within thirty days after— (i) the date of publication in the Federal Register of— (I) notice of any determination described in clause (ii), (iii), (iv), (v), or (viii) of subparagraph (B), (II) an antidumping or countervailing duty order based upon any determination de

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19 U.S.C. § 127 — Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930

### Statutory Notes Section, act Sept. 21, 1922, ch. 356, title III, § 303, 42 Stat. 935, related to countervailing duty upon articles on which export bounty had been paid. Corresponding provisions of Tariff Act of 1930, see [section 1303 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim).

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19 U.S.C. § 1315 — Effective date of rates of duty

**(a) Articles entered or withdrawn from warehouse for consumption** Except as otherwise specially provided for, the rate or rates of duty imposed by or pursuant to this chapter or any other law on any article entered for consumption or withdrawn from warehouse for consumption shall be the rate or rates in effect when the documents comprising the entry for consumption or withdrawal from warehouse for consumption and any estimated or liquidated duties then required to be paid have been deposited with the Customs Service by written, electronic or such other means as the Secretary by regulation shall prescribe, except that— (1) any article released under an informal mail entry shall be subject to duty at the rate or rates in effect when the preparation of the entry is completed; (2) any article which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation under [section 1552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1552&num=0&edition=prelim), if entered for consumption at the port designated by the consignee, or his agent, in such transportation entry without having been taken into the custody of the appropriate customs officer under [section 1490 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1490&num=0&edition=prelim), shall be subject to the rate or rates in effect when the transportation entry was accepted at the port of original importation; and (3) any article for which duties may, under [section 1505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1505&num=0&edition=prelim), be paid at a time later than the time of making entry s

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19 U.S.C. § 1337 — Unfair practices in import trade

**(a) Unlawful activities; covered industries; definitions** (1) Subject to paragraph (2), the following are unlawful, and when found by the Commission to exist shall be dealt with, in addition to any other provision of law, as provided in this section: (A) Unfair methods of competition and unfair acts in the importation of articles (other than articles provided for in subparagraphs (B), (C), (D), and (E)) into the United States, or in the sale of such articles by the owner, importer, or consignee, the threat or effect of which is— (i) to destroy or substantially injure an industry in the United States; (ii) to prevent the establishment of such an industry; or (iii) to restrain or monopolize trade and commerce in the United States. (B) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that— (i) infringe a valid and enforceable United States patent or a valid and enforceable United States copyright registered under title 17; or (ii) are made, produced, processed, or mined under, or by means of, a process covered by the claims of a valid and enforceable United States patent. (C) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, importer, or consignee, of articles that infringe a valid and enforceable United States trademark registered under the Trademark Act of 1946 [[15 U.S.C. 1051](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section1051&num=0&edition=prelim) et seq.]. (D) The importation into the United States, the sale for importation, or the sale within the United States after importation by the owner, i

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19 U.S.C. § 1514 — Protest against decisions of Customs Service

**(a) Finality of decisions; return of papers** Except as provided in subsection (b) of this section, [section 1501 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1501&num=0&edition=prelim) (relating to voluntary reliquidations), [section 1516 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1516&num=0&edition=prelim) (relating to petitions by domestic interested parties), [section 1520 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1520&num=0&edition=prelim) (relating to refunds), and [section 6501 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6501&num=0&edition=prelim) (but only with respect to taxes imposed under chapters 51 and 52 of such title), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and, decisions of the Customs Service, including the legality of all orders and findings entering into the same, as to— (1) the appraised value of merchandise; (2) the classification and rate and amount of duties chargeable; (3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury; (4) the exclusion of merchandise from entry or delivery or a demand for redelivery to customs custody under any provision of the customs laws, except a determination appealable under [section 1337 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1337&num=0&edition=prelim); (5) the liquidation or reliquidation of an entry, or reconciliation as to the issues contained therein, or an

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19 U.S.C. § 1516 — Petitions by domestic interested parties

**(a) Request for classification and rate of duty; petition** (1) The Secretary shall, upon written request by an interested party furnish the classification and the rate of duty imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by such interested party. If the interested party believes that the appraised value, the classification, or rate of duty is not correct, it may file a petition with the Secretary setting forth— (A) a description of the merchandise, (B) the appraised value, the classification, or the rate of duty that it believes proper, and (C) the reasons for its belief. (2) As used in this section, the term “interested party” means a person who is— (A) a manufacturer, producer, or wholesaler in the United States; (B) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States; or (C) a trade or business association a majority of whose members are manufacturers, producers, or wholesalers in the United States, of goods of the same class or kind as the designated imported merchandise. Such term includes an association, a majority of whose members is composed of persons described in subparagraph (A), (B), or (C). (3) Any producer of a raw agricultural product who is considered under [section 1677(4)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/4/E&num=0&edition=prelim) to be part of the industry producing a processed agricultural product of the same class or kind as the designated imported merchandise shall, for purposes of this section, be treated as an interested party producing such processed agricultural product. **(

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19 U.S.C. § 1677 — Definitions; special rules

For purposes of this subtitle— (1) **Administering authority** — The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law. (2) **Commission** — The term “Commission” means the United States International Trade Commission. (3) **Country** — The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States. (4) **Industry** (A) *In general* — The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) *Related parties* (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry. (ii) For purposes of clause (i), a producer and an exporter or importer shall be considered to be related parties, if— (I) the producer directly or indirectly controls the exporter or importer, (II) the exporter or importer directly or indirectly controls the producer, (III) a third party directly or indirectly controls the producer and the exporter or importer, or (IV) the producer

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