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19 U.S.C. § 4372 — Definitions
Federal law — U.S. Code and appendices · legal_authorities
In this subchapter:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the Committee on Finance and the Committee on Appropriations of the Senate; and
(B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.
(2) **Covered merchandise** — The term “covered merchandise” means merchandise that is subject to—
(A) a countervailing duty order issued under section 706 of the Tariff Act of 1930 ([19 U.S.C. 1671e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim)); or
(B) an antidumping duty order issued under section 736 of the Tariff Act of 1930 ([19 U.S.C. 1673e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim)).
(3) **Eligible small business**
(A) *In general* — The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.
(B) *Nonreviewability* — Any agency decision regarding whether a business concern is an eligible small business for purposes of [section 4371(b)(4)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4371/b/4/E&num=0&edition=prelim) is not reviewable by any other agency or by any court.
(4) **Enter; entry** — The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.
(5) **Evade; evasion** — The terms “evade” and “evasion” refer to entering covered mercha
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Source location: Title 19, Chapter 28, § 4372; chapter-028-trade-facilitation-and-trade-enforcement.md
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In this subchapter:
(1) **Appropriate congressional committees** — The term “appropriate congressional committees” means—
(A) the Committee on Finance and the Committee on Appropriations of the Senate; and
(B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.
(2) **Covered merchandise** — The term “covered merchandise” means merchandise that is subject to—
(A) a countervailing duty order issued under section 706 of the Tariff Act of 1930 ([19 U.S.C. 1671e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671e&num=0&edition=prelim)); or
(B) an antidumping duty order issued under section 736 of the Tariff Act of 1930 ([19 U.S.C. 1673e](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673e&num=0&edition=prelim)).
(3) **Eligible small business**
(A) *In general* — The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.
(B) *Nonreviewability* — Any agency decision regarding whether a business concern is an eligible small business for purposes of [section 4371(b)(4)(E) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4371/b/4/E&num=0&edition=prelim) is not reviewable by any other agency or by any court.
(4) **Enter; entry** — The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.
(5) **Evade; evasion** — The terms “evade” and “evasion” refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.
(6) **Secretary** — The term “Secretary” means the Secretary of the Treasury.
(7) **Trade remedy laws** — The term “trade remedy laws” means title VII of the Tariff Act of 1930 ([19 U.S.C. 1671](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim) et seq.).
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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
**(a) Publication of countervailing duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), the administering authority shall publish a countervailing duty order which—
(1) directs customs officers to assess a countervailing duty equal to the amount of the net countervailable subsidy determined or estimated to exist, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated countervailing duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duties**
(1) **General rule** — If the Commission, in its final determination under [section 1671d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671d/b&num=0&edition=prelim), finds material injury or threat of material injury which, but for the suspension of liquidation under [section 1671b(d)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671b/d/2&num=0&edition=prelim), would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Findings** Congress makes the following findings:
(1) Nepal is among the least developed countries in the world, with a per capita gross national income of $730 in 2014.
(2) Nepal suffered a devastating earthquake in April 2015, with subsequent aftershocks. More than 9,000 people died and approximately 23,000 people were injured.
**(b) Eligibility requirements**
(1) **In general** — The President may authorize the provision of preferential treatment under this section to articles that are imported directly from Nepal into the customs territory of the United States pursuant to subsection (c) if the President determines—
(A) that Nepal meets the requirements set forth in paragraphs (1), (2), and (3) of section 3703(a) 11 See References in Text note below. of this title; and
(B) after taking into account the factors set forth in paragraphs (1) through (7) of subsection (c) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)), that Nepal meets the eligibility requirements of such section 502.
(2) **Withdrawal, suspension, or limitation of preferential treatment; mandatory graduation** — The provisions of subsections (d) and (e) of section 502 of the Trade Act of 1974 ([19 U.S.C. 2462](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2462&num=0&edition=prelim)) shall apply with respect to Nepal to the same extent and in the same manner as such provisions apply with respect to beneficiary developing countries under title V of that Act ([19 U.S.C. 2461](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2461&num=0&edition=prelim) et seq.).
**(c) Eligible articles**
(1) **In general** — An article des
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Publication of antidumping duty order** Within 7 days after being notified by the Commission of an affirmative determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), the administering authority shall publish an antidumping duty order which—
(1) directs customs officers to assess an antidumping duty equal to the amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than—
(A) 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption, or
(B) in the case of merchandise not sold prior to its importation into the United States, 12 months after the end of the annual accounting period of the manufacturer or exporter within which it is sold in the United States to a person who is not the exporter of that merchandise,
(2) includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
(3) requires the deposit of estimated antidumping duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
**(b) Imposition of duty**
(1) **General rule** — If the Commission, in its final determination under [section 1673d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673d/b&num=0&edition=prelim), finds material injury or threat of material injur
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Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Tariff Act of 1930.”
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Federal law — U.S. Code and appendices · legal_authorities
Page 329
TITLE 19—CUSTOMS DUTIES
§ 1671
1 So in original. Probably should be section ‘‘1677–1(a)’’.
2 So in original. Probably should be section ‘‘1677–1(c)’’.
SUBTITLE IV—COUNTERVAILING AND
ANTIDUMPING DUTIES
PART I—IMPOSITION OF COUNTERVAILING DUTIES
Editorial Notes
CODIFICATION
The designations ‘‘SUBTITLE IV’’ and ‘‘PART I’’ were
in the original ‘‘TITLE VII’’ and ‘‘Subtitle A’’ respec-
tively, and were editorially changed in order to con-
form the numbering format of this subtitle to the us-
ages employed in the codification of the remainder of
the Tariff Act of 1930 as originally enacted.
§ 1671. Countervailing duties imposed
(a) General rule
If—
(1) the administering authority determines
that the government of a country or any pub-
lic 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 Commis-
sion 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 merchan-
dise 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, a
reference to the sale of merchandise includes the
entering i
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1671
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Federal law — U.S. Code and appendices · legal_authorities
Page 347
TITLE 19—CUSTOMS DUTIES
§ 1671e
of its determination and of the facts and conclu-
sions of law upon which the determination is
based, and it shall publish notice of its deter-
mination in the Federal Register.
(e) Correction of ministerial errors
The administering authority shall establish
procedures for the correction of ministerial er-
rors in final determinations within a reasonable
time after the determinations are issued under
this section. Such procedures shall ensure op-
portunity for interested parties to present their
views regarding any such errors. As used in this
subsection, the term ‘‘ministerial error’’ in-
cludes errors in addition, subtraction, or other
arithmetic function, clerical errors resulting
from inaccurate copying, duplication, or the
like, and any other type of unintentional error
which the administering authority considers
ministerial.
(June 17, 1930, ch. 497, title VII, § 705, as added
Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat.
159; amended Pub. L. 98–573, title VI, §§ 602(a)(2),
605(a), 606, Oct. 30, 1984, 98 Stat. 3024, 3028, 3029;
Pub. L. 100–418, title I, §§ 1324(a)(3), 1333(a), Aug.
23, 1988, 102 Stat. 1200, 1209; Pub. L. 103–465, title
II, §§ 212(b)(1)(B), 214(a)(2), 233(a)(5)(N), 263(b),
264(b), (c)(7), (8), 270(a)(1)(F), (G), Dec. 8, 1994, 108
Stat. 4848, 4850, 4899, 4912–4914, 4917; Pub. L.
104–295, § 20(b)(15), Oct. 11, 1996, 110 Stat. 3527.)
Editorial Notes
AMENDMENTS
1996—Subsec. (c)(1)(B)(i)(II). Pub. L. 104–295 inserted
‘‘section’’ after ‘‘if’’.
1994—Subsec. (a)(1). Pub. L. 103–465, §§ 233(a)(5)(N),
270(a)(1)(F), substituted ‘‘countervailable subsidy’’ for
‘‘subsidy’’ and ‘‘the subject merchandise’’ for ‘‘the mer-
chandise’’.
Subsec. (a)(2)(A). Pub. L. 103–465, §§ 214(a)(2)(A)(
Source: Supplied 2024 U.S. Code historical extraction · 19 U.S.C. § 1671e
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Federal law — U.S. Code and appendices · legal_authorities
Page 364
TITLE 19—CUSTOMS DUTIES
§ 1673e
tion 1673b(d) of this title the suspension of liquidation
and the posting of a cash deposit, bond, or other secu-
rity’’.
Subsec. (c)(2)(A). Pub. L. 103–465, § 219(c)(6), sub-
stituted ‘‘1673b(d)(2)’’ for ‘‘1671b(d)(1)’’.
Subsec. (c)(2)(B). Pub. L. 103–465, § 219(c)(7), sub-
stituted ‘‘1673b(d)(1)(B)’’ for ‘‘1673b(d)(2)’’.
Subsec. (c)(3)(B). Pub. L. 103–465, § 219(c)(8), sub-
stituted ‘‘1673b(d)(1)(B)’’ for ‘‘1673b(d)(2)’’.
Subsec. (c)(5). Pub. L. 103–465, § 219(b)(2), added par.
(5).
1988—Subsec. (b)(4)(A). Pub. L. 100–418, § 1324(b)(3),
amended subpar. (A) generally. Prior to amendment,
subpar. (A) read as follows: ‘‘If the finding of the ad-
ministering authority under subsection (a)(2) of this
section is affirmative, then the final determination of
the Commission shall include a finding as to whether
the material injury is by reason of massive imports de-
scribed in subsection (a)(3) of this section to an extent
that, in order to prevent such material injury from re-
curring, it is necessary to impose the duty imposed by
section 1673 of this title retroactively on those im-
ports.’’
Subsec. (e). Pub. L. 100–418, § 1333(a), added subsec. (e).
1984—Subsec. (a)(3). Pub. L. 98–573, § 605(b)(1), inserted
provision that such findings may be affirmative even
though the preliminary determination under section
1673b(e)(1) of this title was negative.
Subsec. (b)(1). Pub. L. 98–573, § 602(c), inserted ‘‘, or
sales (or the likelihood of sales) for importation,’’ in
provisions after subpar. (B).
Subsec. (c)(3)(A). Pub. L. 98–573, § 605(b)(3), inserted
reference to par. (4).
Subsec. (c)(4). Pub. L. 98–573, § 605(b)(2), added par. (4).
Statutory Notes and Related Subsidiaries
EFFECTIVE DATE OF 1994 AMENDMENT
Amend
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Federal law — U.S. Code and appendices · legal_authorities
Page 1107
TITLE 19—CUSTOMS DUTIES
§ 4372
between U.S. Customs and Border Protection,
U.S. Immigration and Customs Enforcement,
and other relevant Federal agencies regarding
evasion;
(3) notifying on a timely basis the admin-
istering authority (as defined in section 1677(1)
of this title) and the Commission (as defined
in section 1677(2) of this title) of any finding,
determination, civil action, or criminal action
taken by U.S. Customs and Border Protection
or other Federal agency regarding evasion;
(4) serving as the primary liaison between
U.S. Customs and Border Protection and the
public regarding activities concerning evasion,
including activities relating to investigations
conducted under section 1517 of this title,
which include—
(A) receiving allegations of evasion from
parties, including allegations described in
section 1517(b)(2) of this title;
(B) upon request by the party or parties
that submitted such an allegation of eva-
sion, providing information to such party or
parties on the status of U.S. Customs and
Border Protection’s consideration of the al-
legation and decision to pursue or not pur-
sue any administrative inquiries or other ac-
tions, such as changes in policies, proce-
dures, or resource allocation as a result of
the allegation;
(C) as needed, requesting from the party or
parties that submitted such an allegation of
evasion any additional information that
may be relevant for U.S. Customs and Bor-
der Protection determining whether to ini-
tiate an administrative inquiry or take any
other action regarding the allegation;
(D) notifying on a timely basis the party
or parties that submitted such an allegation
of the results of any administrative, civil, or
criminal actions taken by U.S. Customs and
Border Protection
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