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19 U.S.C. § 1673 — Antidumping duties imposed
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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Source file: Laws/federal/codes/united-states-code/title-19/section-1673-antidumping-duties-imposed--4d34a50203.md
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Source location: Title 19, Chapter 4, § 1673; chapter-004-tariff-act-of-1930.md
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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
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1671
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1675
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Initiation by administering authority**
(1) **In general** — An antidumping duty investigation shall be initiated whenever the administering authority determines, from information available to it, that a formal investigation is warranted into the question of whether the elements necessary for the imposition of a duty under [section 1673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim) exist.
(2) **Cases involving persistent dumping**
(A) *Monitoring* — The administering authority may establish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if—
(i) more than one antidumping order is in effect with respect to that class or kind of merchandise;
(ii) in the judgment of the administering authority there is reason to believe or suspect an extraordinary pattern of persistent injurious dumping from one or more additional supplier countries; and
(iii) in the judgment of the administering authority this extraordinary pattern is causing a serious commercial problem for the domestic industry.
(B) *Initiation of investigation* — If during the period of monitoring referred to in subparagraph (A), the administering authority determines that there is sufficient information to initiate a formal investigation under this subsection regarding an additional supplier country, the administering authority shall immediately initiate such an investigation.
(C) *Definition* — For purposes of this paragraph, the term “additional supplier country” means a country regarding which no antidumping investigation is currently pending, and no antidumping duty order is currently in effect, with respect t
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1673a
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Final determination by administering authority**
(1) **General rule** — Within 75 days after the date of its preliminary determination under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim), the administering authority shall make a final determination of whether the subject merchandise is being, or is likely to be, sold in the United States at less than its fair value.
(2) **Extension of period for determination** — The administering authority may postpone making the final determination under paragraph (1) until not later than the 135th day after the date on which it published notice of its preliminary determination under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) if a request in writing for such a postponement is made by—
(A) exporters who account for a significant proportion of exports of the merchandise which is the subject of the investigation, in a proceeding in which the preliminary determination by the administering authority under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) was affirmative, or
(B) the petitioner, in a proceeding in which the preliminary determination by the administering authority under [section 1673b(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673b/b&num=0&edition=prelim) was negative.
(3) **Critical circumstances determinations** — If the final determination of the administering authority is affirmative, then that determination, in any investigation in which the presence of critical circumstances has be
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1673d
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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
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1673e
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rule** For all entries, or withdrawals from warehouse, for consumption of merchandise subject to an antidumping duty order on or after the date of publication of such order, no customs officer may deliver merchandise of that class or kind to the person by whom or for whose account it was imported unless that person complies with the requirements of subsection (b) and deposits with the appropriate customs officer an estimated antidumping duty in an amount determined by the administering authority.
**(b) Importer requirements** In order to meet the requirements of this subsection, a person shall—
(1) furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for determining the export price (or the constructed export price) of the merchandise imported by or for the account of that person, and such other information as the administering authority deems necessary for ascertaining any antidumping duty to be imposed under this subtitle;
(2) maintain and furnish to the customs officer such records concerning the sale of the merchandise as the administering authority, by regulation, requires;
(3) state under oath before the customs officer that he is not an exporter, or if he is an exporter, declare under oath at the time of entry the constructed export price of the merchandise to the customs officer if it is then known, or, if not, so declare within 30 days after the merchandise has been sold, or has been made the subject of an agreement to be sold, in the United States; and
(4) pay, or agree to pay on demand, to the customs officer the amount of antidumping duty imposed under [section 1673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1673g
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
Section, act June 17, 1930, ch. 497, title VII, § 740, as added July 26, 1979, Pub. L. 96–39, title I, § 101, 93 Stat. 175, provided that the antidumping duty imposed by [section 1673 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim) was to be treated as a normal customs duty for drawback purposes. See [section 1677h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677h&num=0&edition=prelim).
#### Effective Date of Repeal
Section repealed effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 1673i
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Federal law — U.S. Code and appendices · legal_authorities
Nothing contained in this chapter shall be construed to affect or modify the provisions of subtitle B of title VII of the Tariff Act of 1930 [[19 U.S.C. 1673](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673&num=0&edition=prelim) et seq.] or of any of the antitrust laws as designated in [section 12 of title 15](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title15-section12&num=0&edition=prelim).
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2033
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment within Executive Office of the President** There is established within the Executive Office of the President the Office of the United States Trade Representative (hereinafter in this section referred to as the “Office”).
**(b) United States Trade Representative; Deputy United States Trade Representatives**
(1) The Office shall be headed by the United States Trade Representative who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of the United States Trade Representative submitted to the Senate for confirmation, and referred to a committee, shall be referred to the Committee on Finance. The United States Trade Representative shall hold office at the pleasure of the President, shall be entitled to receive the same allowances as a chief of mission, and shall have the rank of Ambassador Extraordinary and Plenipotentiary.
(2) There shall be in the Office three Deputy United States Trade Representatives, one Chief Agricultural Negotiator, and one Chief Innovation and Intellectual Property Negotiator, who shall be appointed by the President, by and with the advice and consent of the Senate. As an exercise of the rulemaking power of the Senate, any nomination of a Deputy United States Trade Representative, the Chief Agricultural Negotiator, or the Chief Innovation and Intellectual Property Negotiator submitted to the Senate for its advice and consent, and referred to a committee, shall be referred to the Committee on Finance. Each Deputy United States Trade Representative, the Chief Agricultural Negotiator, and the Chief Innovation and Intellectual Property Negotiator shall hold office at the pleasure of the President and shall have the rank of Amba
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 2192
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Priorities and performance standards**
(1) **In general** — The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement functions and programs described in subsection (b).
(2) **Minimum priorities and standards** — Such priorities and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and other types of applicable measures.
**(b) Functions and programs described** The functions and programs referred to in subsection (a) are the following:
(1) The Automated Commercial Environment.
(2) Each of the priority trade issues described in [section 4322 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4322&num=0&edition=prelim).
(3) The Centers of Excellence and Expertise described in [section 4317 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section4317&num=0&edition=prelim).
(4) Drawback for exported merchandise under section 313 of the Tariff Act of 1930 ([19 U.S.C. 1313](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1313&num=0&edition=prelim)), as amended by section 906 of this Act.
(5) Transactions relating to imported merchandise in bond.
(6) Collection of countervailing duties assessed under subtitle A of 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.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 ([19 U.S.C. 1673](https://uscode.ho
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4313
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