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19 U.S.C. § 4402 — Inclusion of interest in certain distributions of antidumping duties and countervailing duties
Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Secretary of Homeland Security shall deposit all interest described in subsection (c) into the special account established under [section 1675c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675c/e&num=0&edition=prelim) (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)) for inclusion in distributions described in subsection (b) made on or after February 24, 2016.
**(b) Distributions described** Distributions described in this subsection are distributions of antidumping duties and countervailing duties assessed on or after October 1, 2000, that are made under [section 1675c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675c&num=0&edition=prelim) (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)), with respect to entries of merchandise that—
(1) were made on or before September 30, 2007; and
(2) were, in accordance with section 822 of the Claims Resolution Act of 2010 ([19 U.S.C. 1675c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675c&num=0&edition=prelim) note), unliquidated, not in litigation, and not under an order of liquidation from the Department of Commerce on December 8, 2010.
**(c) Interest described**
(1) **Interest realized** — Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized through application of a payment received on or after October 1, 2014, by U.S. Customs and Border Protection under, or in connection with—
(A) a customs bond pursuant to a court order or judgment; or
(B) a settlemen
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Source location: Title 19, Chapter 28, § 4402; chapter-028-trade-facilitation-and-trade-enforcement.md
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**(a) In general** The Secretary of Homeland Security shall deposit all interest described in subsection (c) into the special account established under [section 1675c(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675c/e&num=0&edition=prelim) (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)) for inclusion in distributions described in subsection (b) made on or after February 24, 2016.
**(b) Distributions described** Distributions described in this subsection are distributions of antidumping duties and countervailing duties assessed on or after October 1, 2000, that are made under [section 1675c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675c&num=0&edition=prelim) (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)), with respect to entries of merchandise that—
(1) were made on or before September 30, 2007; and
(2) were, in accordance with section 822 of the Claims Resolution Act of 2010 ([19 U.S.C. 1675c](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675c&num=0&edition=prelim) note), unliquidated, not in litigation, and not under an order of liquidation from the Department of Commerce on December 8, 2010.
**(c) Interest described**
(1) **Interest realized** — Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized through application of a payment received on or after October 1, 2014, by U.S. Customs and Border Protection under, or in connection with—
(A) a customs bond pursuant to a court order or judgment; or
(B) a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety.
(2) **Types of interest** — Interest described in paragraph (1) includes the following:
(A) Interest accrued under [section 1677g of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677g&num=0&edition=prelim).
(B) Interest accrued under [section 1505(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1505/d&num=0&edition=prelim).
(C) Equitable interest under common law and interest under [section 580 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section580&num=0&edition=prelim) awarded by a court against a surety under its bond for late payment of antidumping duties, countervailing duties, or interest described in subparagraph (A) or (B).
**(d) Definitions** In this section:
(1) **Antidumping duties** — The term “antidumping duties” means antidumping duties imposed under [section 1673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim) or under the Antidumping Act, 1921 (title II of the Act of May 27, 1921; 42 Stat. 11, chapter 14).
(2) **Countervailing duties** — The term “countervailing duties” means countervailing duties imposed under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim).
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** Interest shall be payable on overpayments and underpayments of amounts deposited on merchandise entered, or withdrawn from warehouse, for consumption on and after—
(1) the date of publication of a countervailing or antidumping duty order under this subtitle or section 1303 11 See References in Text note below. of this title, or
(2) the date of a finding under the Antidumping Act, 1921.
**(b) Rate** The rate of interest payable under subsection (a) for any period of time is the rate of interest established under [section 6621 of title 26](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section6621&num=0&edition=prelim) for such period.
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Federal law — U.S. Code and appendices · legal_authorities
**(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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Federal law — U.S. Code and appendices · legal_authorities
Upon all bonds, on which suits are brought for the recovery of duties, interest shall be allowed, at the rate of 6 per centum a year, from the time when said bonds became due.
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Federal law — U.S. Code and appendices · legal_authorities
If—
(1) the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and
(2) 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 an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and [section 1673d(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b/1&num=0&edition=prelim), a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
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.
#### 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 provision of law, neither the Secretary of Homeland Security 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 countervailing 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675c&num=0&edition=prelim); repealed by subtitle 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 before January 1, 2006. “(c) Payment
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Federal law — U.S. Code and appendices · legal_authorities
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) o
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1675c
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Federal law — U.S. Code and appendices · legal_authorities
Page 1111
TITLE 19—CUSTOMS DUTIES
§ 4405
1 See References in Text note below.
to in subsecs. (a) and (b), means section 1675c of this
title, which was repealed by Pub. L. 109–171, title VII,
§ 7601(a), Feb. 8, 2006, 120 Stat. 154, and which related to
an annual distribution to certain domestic producers
known as the ‘‘continued dumping and subsidy offset’’.
Subsec. (e) of section 1675c related to special accounts
established in the Treasury of the United States for
certain antidumping and countervailing duty orders
and findings.
Section 822 of the Claims Resolution Act of 2010, re-
ferred to in subsec. (b)(2), is section 822 of Pub. L.
111–291, which is set out as a note under section 1675c
of this title.
The Antidumping Act, 1921, referred to in subsec.
(d)(1), is act May 27, 1921, ch. 14, title II, 42 Stat. 11,
which was classified generally to sections 160 to 171 of
this title, and was repealed by Pub. L. 96–39, title I,
§ 106(a), July 26, 1979, 93 Stat. 193.
§ 4402. Illicitly imported, exported, or trafficked
cultural property, archaeological or ethno-
logical materials, and fish, wildlife, and
plants
(a) In general
The Commissioner and the Director of U.S.
Immigration and Customs Enforcement shall en-
sure that appropriate personnel of U.S. Customs
and Border Protection and U.S. Immigration
and Customs Enforcement, as the case may be,
are trained in the detection, identification, de-
tention, seizure, and forfeiture of cultural prop-
erty, archaeological or ethnological materials,
and fish, wildlife, and plants, the importation,
exportation, or trafficking of which violates the
laws of the United States.
(b) Training
The Commissioner and the Director are au-
thorized to accept training and other support
services from experts outside
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 4402
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