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19 U.S.C. § 1683a — Establishment of softwood lumber importer declaration program

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19 U.S.C. § 1683a — Establishment of softwood lumber importer declaration program

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Source file: Laws/federal/codes/united-states-code/title-19/section-1683a-establishment-of-softwood-lumber-importer-declaration-program--b0cfae9656.md
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Source location: Title 19, Chapter 4, § 1683a; chapter-004-tariff-act-of-1930.md

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**(a) Establishment of program** (1) **In general** — The President shall establish and maintain an importer declaration program with respect to the importation of softwood lumber and softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim). The importer declaration program shall require importers of softwood lumber and softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim) to provide the information required under subsection (b) and declare the information required by subsection (c), and require that such information accompany the entry summary documentation. (2) **Electronic record** — The President shall establish an electronic record that includes the importer information required under subsection (b) and the declarations required under subsection (c). **(b) Required information** The President shall require the following information to be submitted by any person seeking to import softwood lumber or softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim): (1) The export price for each shipment of softwood lumber or softwood lumber products. (2) The estimated export charge, if any, applicable to each shipment of softwood lumber or softwood lumber products as calculated by applying the percentage determined and published by the Under Secretary for International Trade of the Department of Commerce pursuant to [section 1683c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683c&num=0&edition=prelim) to the export price provided in subsection (b)(1). **(c) Importer declarations** Pursuant to procedures prescribed by the President, any person seeking to import softwood lumber or softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim) shall declare that— (1) the person has made appropriate inquiry, including seeking appropriate documentation from the exporter and consulting the determinations published by the Under Secretary for International Trade of the Department of Commerce pursuant to [section 1683c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683c/b&num=0&edition=prelim); and (2) to the best of the person’s knowledge and belief— (A) the export price provided pursuant to subsection (b)(1) is determined in accordance with the definition provided in [section 1683(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683/5&num=0&edition=prelim); (B) the export price provided pursuant to subsection (b)(1) is consistent with the export price provided on the export permit, if any, granted by the country of export; and (C) the exporter has paid, or committed to pay, all export charges due— (i) in accordance with the volume, export price, and export charge rate or rates, if any, as calculated under an international agreement entered into by the country of export and the United States; and (ii) consistent with the export charge determinations published by the Under Secretary for International Trade pursuant to [section 1683c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683c/b&num=0&edition=prelim).

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

19 U.S.C. § 1683c — Export charge determination and publication

**(a) Determination** The Under Secretary for International Trade of the Department of Commerce shall determine, on a monthly basis, any export charges (expressed as a percentage of export price) to be collected by a country of export from exporters of softwood lumber or softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim) in order to ensure compliance with any international agreement entered into by that country and the United States. **(b) Publication** The Under Secretary for International Trade shall immediately publish any determination made under subsection (a) on the website of the International Trade Administration of the Department of Commerce, and in any other manner the Under Secretary considers appropriate.

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19 U.S.C. § 1683 — Definitions

In this subtitle: (1) **Appropriate congressional committees** — The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) **Country of export** — The term “country of export” means the country (including any political subdivision of the country) from which softwood lumber or a softwood lumber product is exported before entering the United States. (3) **Customs laws of the United States** — The term “customs laws of the United States” means any law or regulation enforced or administered by U.S. Customs and Border Protection. (4) **Export charges** — The term “export charges” means any tax, charge, or other fee collected by the country from which softwood lumber or a softwood lumber product, described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim), is exported pursuant to an international agreement entered into by that country and the United States. (5) **Export price** (A) *In general* — The term “export price” means one of the following: (i) In the case of softwood lumber or a softwood lumber product that has undergone only primary processing, the value that would be determined F.O.B. at the facility where the product underwent the last primary processing before export. (ii) (I) In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the lumber or product underwent the last primary processing. (II) Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that underwent the last remanufacturing before expo

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19 U.S.C. § 1681b — Enforcement

**(a) Civil penalty** Any person who violates a provision of [section 1681a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1681a&num=0&edition=prelim) shall, in addition to the tax and any other penalty provided by law, be liable for a civil penalty for each violation equal to the greater of $1,000 or 5 times the amount of the tax imposed by chapter 52 of the Internal Revenue Code of 1986 on all cigarettes or smokeless tobacco products that are the subject of such violation. **(b) Forfeitures** Any tobacco product, cigarette papers, or tube, or any smokeless tobacco product, that was imported into the United States or is sought to be imported into the United States in violation of, or without meeting the requirements of, [section 1681a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1681a&num=0&edition=prelim) shall be forfeited to the United States, or to any State in which such tobacco product, cigarette papers, or tube is found. Notwithstanding any other provision of law, any product forfeited to the United States, or to any State, pursuant to this subtitle shall be destroyed.

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

19 U.S.C. § 1683b — Scope of softwood lumber importer declaration program

**(a) Products included in program** The following products shall be subject to the importer declaration program established under [section 1683a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a&num=0&edition=prelim): (1) **In general** — All softwood lumber and softwood lumber products classified under subheading 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the HTS, including the following softwood lumber, flooring, and siding: (A) Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded, or finger-jointed, of a thickness exceeding 6 millimeters. (B) Coniferous wood siding (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed. (C) Other coniferous wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces (other than wood moldings and wood dowel rods) whether or not planed, sanded, or finger-jointed. (D) Coniferous wood flooring (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed. (E) Coniferous drilled and notched lumber and angle cut lumber. (2) **Products continually shaped** — Any product classified under subheading 4409.10.05 of the HTS that is continually shaped along its end or side edges. (3) **Other

Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1683b

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

19 U.S.C. § 1683d — Reconciliation

The Secretary of the Treasury shall conduct reconciliations to ensure the proper implementation and operation of international agreements entered into between a country of export of softwood lumber or softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim) and the United States. The Secretary of Treasury shall reconcile the following: (1) The export price declared by a United States importer pursuant to [section 1683a(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a/b/1&num=0&edition=prelim) with the export price reported to the United States by the country of export, if any. (2) The export price declared by a United States importer pursuant to [section 1683a(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a/b/1&num=0&edition=prelim) with the revised export price reported to the United States by the country of export, if any.

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19 U.S.C. § 1683e — Verification

**(a) In general** The Secretary of Treasury shall periodically verify the declarations made by a United States importer pursuant to [section 1683a(c) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a/c&num=0&edition=prelim), including by determining whether— (1) the export price declared by a United States importer pursuant to [section 1683a(b)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a/b/1&num=0&edition=prelim) is the same as the export price provided on the export permit, if any, issued by the country of export; and (2) the estimated export charge declared by a United States importer pursuant to [section 1683a(b)(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a/b/2&num=0&edition=prelim) is consistent with the determination published by the Under Secretary for International Trade pursuant to [section 1683c(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683c/b&num=0&edition=prelim). **(b) Examination of books and records** (1) **In general** — Any record relating to the importer declaration program required under [section 1683a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683a&num=0&edition=prelim) shall be treated as a record required to be maintained and produced under title V of this Act.11 See References in Text note below. (2) **Examination of records** — The Secretary of the Treasury is authorized to take such action, and examine such records, under [section 1509 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1509&num=0&edition=prelim), as the Secretary determines neces

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19 U.S.C. § 1683f — Penalties

**(a) In general** It shall be unlawful for any person to import into the United States softwood lumber or softwood lumber products in knowing violation of this subtitle. **(b) Civil penalties** Any person who commits an unlawful act as set forth in subsection (a) shall be liable for a civil penalty not to exceed $10,000 for each knowing violation. **(c) Other penalties** In addition to the penalties provided for in subsection (b), any violation of this subtitle that violates any other customs law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such custom law or title 18, with respect to the importation of softwood lumber and softwood lumber products described in [section 1683b(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1683b/a&num=0&edition=prelim). **(d) Factors to consider in assessing penalties** In determining the amount of civil penalties to be assessed under this section, consideration shall be given to any history of prior violations of this subtitle by the person, the ability of the person to pay the penalty, the seriousness of the violation, and such other matters as fairness may require. **(e) Notice** No penalty may be assessed under this section against a person for violating a provision of this subtitle unless the person is given notice and opportunity to make statements, both oral and written, with respect to such violation. **(f) Exception** Notwithstanding any other provision of this subtitle, and without limitation, an importer shall not be found to have violated subsection 11 So in original. Probably should be “section”. 1683a(c) of this title if— (1) the importer made an appropriate inquiry in accor

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19 U.S.C. § 1683a — Establishment of softwood lumber im-

Page 429 TITLE 19—CUSTOMS DUTIES § 1683b (9) United States The term ‘‘United States’’ means the cus- toms territory of the United States, as defined in General Note 2 of the HTS. (June 17, 1930, ch. 497, title VIII, § 802, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1844.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in par. (7), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. CODIFICATION Another section 802 of act June 17, 1930, is classified to section 1681a of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–246, title III, § 3301(b), June 18, 2008, 122 Stat. 1853, provided that: ‘‘The amendments made by this section [enacting this subtitle] shall take effect on the date that is 60 days after the date of the enactment of this Act [June 18, 2008].’’ § 1683a. Establishment of softwood lumber im- porter declaration program (a) Establishment of program (1) In general The President shall establish and maintain an importer declaration program with respect to the importation of softwood lumber and softwood lumber products described in section 1683b(a) of this title. The importer declaration program shall require importers of softwood lumber and softwood lumber products de- scribed in section 1683b(a) of this title to pro- vide the information required under sub- section (b) and declare the information re- quired by subsection (c), and require that such information accompany the entry summary documentation. (2) Electronic record The President shall establish an electronic record that includes the importer information required under subsection (b) and the

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