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19 U.S.C. § 160 to 171 — Repealed. Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193

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

19 U.S.C. § 160 to 171 — Repealed. Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193

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Source file: Laws/federal/codes/united-states-code/title-19/section-160-to-171-19-u-s-c-160-to-171-repealed-pub-l-9639-title-i-106-a-july-26-1979-93-st--1b2cf102ef.md
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Source location: Title 19, Chapter 3, § 160 to 171; chapter-003-the-tariff-and-related-provisions.md

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### Statutory Notes Section 160, acts May 27, 1921, ch. 14, § 201, 42 Stat. 11; Sept. 1, 1954, ch. 1213, title III, § 301, 68 Stat. 1138; Aug. 14, 1958, Pub. L. 85–630, §§ 1, 4(b), 72 Stat. 583, 585; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(a), 88 Stat. 2043, related to initiation of a dumping investigation. See section 1673 et seq. of this title. Section 161, acts May 27, 1921, ch. 14, § 202, 42 Stat. 11; Sept. 1, 1954, ch. 1213, title III, § 302, 68 Stat. 1139; Aug. 14, 1958, Pub. L. 85–630, §§ 2, 4(b), 72 Stat. 583, 585; June 2, 1970, Pub. L. 91–271, title III, § 311, 84 Stat. 292, related to collection of a special dumping duty. See section 1673 et seq. of this title. Section 162, acts May 27, 1921, ch. 14, § 203, 42 Stat. 12; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(b), 88 Stat. 2045, related to determination of purchase price of merchandise for purposes of sections 160 to 171 of this title. See section 1673 et seq. of this title. Section 163, acts May 27, 1921, ch. 14, § 204, 42 Stat. 13; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(c), 88 Stat. 2046, related to determination of price at which merchandise is sold or agreed to be sold in United States. See [section 1677a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677a&num=0&edition=prelim). Section 164, acts May 27, 1921, ch. 14, § 205, 42 Stat. 13; Aug. 14, 1958, Pub. L. 85–630, § 3, 72 Stat. 584; Jan. 3, 1975, Pub. L. 93–618, title III, § 321(d), 88 Stat. 2046, related to foreign market value of goods for purposes of sections 160 to 171 of this title. See [section 1677b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677b&num=0&edition=prelim). Section 165, acts May 27, 1921, ch. 14, § 206, 42 Stat. 213; Aug. 14, 1958, Pub. L. 85–630, § 4(a), 72 Stat. 584, related to constructed value of merchandise for purposes of sections 160 to 171 of this title. See section 1673 et seq. of this title. Section 166, act May 27, 1921, ch. 14, § 207, 42 Stat. 14, defined “exporter” as used in sections 160 to 171 of this title. See [section 1677(13) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677/13&num=0&edition=prelim). Section 167, acts May 27, 1921, ch. 14, § 208, 42 Stat. 14; June 2, 1970, Pub. L. 91–271, title III, § 312, 84 Stat. 292, related to oaths and bonds given in case of imported merchandise. See section 1673 et seq. of this title. Section 168, acts May 27, 1921, ch. 14, § 209, 42 Stat. 15; Aug. 14, 1958, Pub. L. 85–630, § 4(b), 72 Stat. 585; June 2, 1970, Pub. L. 91–271, title III, § 313, 84 Stat. 292, related to duties of customs officers with regard to appraisal of merchandise. See [section 1673h of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673h&num=0&edition=prelim). Section 169, acts May 27, 1921, ch. 14, § 210, 42 Stat. 15; May 28, 1926, ch. 411, § 1, 44 Stat. 669; Mar. 2, 1929, ch. 488, § 1, 45 Stat. 1475; Aug. 14, 1958, Pub. L. 85–630, § 4(b), 72 Stat. 585; June 2, 1970, Pub. L. 91–271, title III, § 314, 84 Stat. 293, related to protests from determinations of customs officers. See section 1673 et seq. of this title. Section 170, act May 27, 1921, ch. 14, § 211, 42 Stat. 15, related to treatment of antidumping duties as regular duties for purposes of all laws relating to drawback of duties. See [section 1673i of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1673i&num=0&edition=prelim). Section 170a, act May 27, 1921, ch. 14, § 212, as added Aug. 14, 1958, Pub. L. 85–630, § 5, 72 Stat. 585; amended Jan. 3, 1975, Pub. L. 93–618, title III, § 321(e), 88 Stat. 2048, defined terms used in sections 160 to 171 of this title. See [section 1677 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1677&num=0&edition=prelim). Section 171, act May 27, 1921, ch. 14, § 213, formerly § 212, 42 Stat. 15, renumbered Aug. 14, 1958, Pub. L. 85–630, § 5, 72 Stat. 585, authorized citation of sections 160 to 171 of this title as the “Antidumping Act, 1921”. #### Effective Date of Repeal Repeal effective Jan. 1, 1980, see section 107 of Pub. L. 96–39, set out as an Effective Date note 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. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193, provided in part that findings in effect on the effective date of the repeal of sections 160 to 171 of this title (Jan. 1, 1980, see Effective Date of Repeal note set out above) or issued pursuant to court order in an action brought before that date, shall remain in effect, subject to review under [section 1675 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1675&num=0&edition=prelim). #### Administration of the Antidumping Act, 1921, by United States Tariff Commission; Report to Congress Pub. L. 90–634, title II, § 201, Oct. 24, 1968, 82 Stat. 1347, provided that the International Antidumping Code would not restrict the United States Tariff Commission in performing its duties and functions under sections 160 to 171 of this title [known as the Antidumping Act, 1921], required the Secretary of the Treasury and the Tariff Commission to take that Code into account only when consistent with the provisions of those sections, and required the President to submit a report to Congress for the period between July 1, 1968, and June 30, 1969, which had to include all determinations made by the Secretary of the Treasury and the Tariff Commission during that period relating to those sections, analyze the consideration given the International Antidumping Code in each such determination, summarize actions taken by other countries during such period against United States exports, and the relation of such actions to that Code, and include such recommendations as the President determined appropriate concerning the administration of sections 160 to 171 of this title. #### Antidumping Act Unaffected by Act August 2, 1956; Review of Operation of Act and Report to Congress Act Aug. 2, 1956, ch. 887, § 5, 70 Stat. 948, provided that nothing in that act would be considered to repeal, modify, or supersede, directly or indirectly, any provisions of former sections 160 to 171 of this title [known as the Antidumping Act, 1921] and required the Secretary of the Treasury, after consulting with the United States Tariff Commission, to review the operation and effectiveness of those sections and report thereon to the Congress within six months after August 2, 1956, and to recommend to the Congress any amendment to those sections considered desirable or necessary to provide for greater certainty, speed, and efficiency in the enforcement thereof. #### Antidumping Act Unaffected by Tariff Act of 1930 Sections 160 to 171 of this title, which were repealed by Pub. L. 96–39, had previously been excepted from repeal or amendment by act June 17, 1930, ch. 497, 46 Stat. 763 [Tariff Act of 1930], section 651(d) of which provided that nothing in that act would be construed to amend or repeal the Antidumping Act [sections 160 to 171 of this title].

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

19 U.S.C. § 1677b — Normal value

**(a) Determination** In determining under this subtitle whether subject merchandise is being, or is likely to be, sold at less than fair value, a fair comparison shall be made between the export price or constructed export price and normal value. In order to achieve a fair comparison with the export price or constructed export price, normal value shall be determined as follows: (1) **Determination of normal value** (A) *In general* — The normal value of the subject merchandise shall be the price described in subparagraph (B), at a time reasonably corresponding to the time of the sale used to determine the export price or constructed export price under section 1677a(a) or (b) of this title. (B) *Price* — The price referred to in subparagraph (A) is— (i) the price at which the foreign like product is first sold (or, in the absence of a sale, offered for sale) for consumption in the exporting country, in the usual commercial quantities and in the ordinary course of trade and, to the extent practicable, at the same level of trade as the export price or constructed export price, or (ii) in a case to which subparagraph (C) applies, the price at which the foreign like product is so sold (or offered for sale) for consumption in a country other than the exporting country or the United States, if— (I) such price is representative, (II) the aggregate quantity (or, if quantity is not appropriate, value) of the foreign like product sold by the exporter or producer in such other country is 5 percent or more of the aggregate quantity (or value) of the subject merchandise sold in the United States or for export to the United States, and (III) the administering authority does not determine that the particular market situation prevents a proper comp

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19 U.S.C. § 1673i — Repealed. Pub. L. 98–573, title VI, § 622(a)(1), Oct. 30, 1984, 98 Stat. 3039

### 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).

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

19 U.S.C. § 1677a — Export price and constructed export price

**(a) Export price** The term “export price” means the price at which the subject merchandise is first sold (or agreed to be sold) before the date of importation by the producer or exporter of the subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States, as adjusted under subsection (c). **(b) Constructed export price** The term “constructed export price” means the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of importation by or for the account of the producer or exporter of such merchandise or by a seller affiliated with the producer or exporter, to a purchaser not affiliated with the producer or exporter, as adjusted under subsections (c) and (d). **(c) Adjustments for export price and constructed export price** The price used to establish export price and constructed export price shall be— (1) increased by— (A) when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the subject merchandise in condition packed ready for shipment to the United States, (B) the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the subject merchandise to the United States, and (C) the amount of any countervailing duty imposed on the subject merchandise under part I of this subtitle to offset an export subsidy, and (2) reduced by— (A) except as provided in paragraph (1)(C), the amount, if any, included in such price, attributable to any additional costs, charges, or expenses, and United States import dut

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

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

19 U.S.C. § 1673h — Establishment of product categories for short life cycle merchandise

**(a) Establishment of product categories** (1) **Petitions** (A) *In general* — An eligible domestic entity may file a petition with the Commission requesting that a product category be established with respect to short life cycle merchandise at any time after the merchandise becomes the subject of 2 or more affirmative dumping determinations. (B) *Contents* — A petition filed under subparagraph (A) shall— (i) identify the short life cycle merchandise that is the subject of the affirmative dumping determinations, (ii) specify the short life cycle merchandise that the petitioner seeks to have included in the same product category as the merchandise that is subject to the affirmative dumping determinations, (iii) specify any short life cycle merchandise the petitioner particularly seeks to have excluded from the product category, (iv) provide reasons for the inclusions and exclusions specified under clauses (ii) and (iii), and (v) identify such merchandise in terms of the designations used in the Harmonized Tariff Schedule of the United States. (2) **Determinations on sufficiency of petition** — Upon receiving a petition under paragraph (1), the Commission shall— (A) request the administering authority to confirm promptly the affirmative determinations on which the petition is based, and (B) upon receipt of such confirmation, determine whether the merchandise covered by the confirmed affirmative determinations is short life cycle merchandise and whether the petitioner is an eligible domestic entity. (3) **Notice; hearings** — If the determinations under paragraph (2)(B) are affirmative, the Commission shall— (A) publish notice in the Federal Register that the petition has been received, and (B) provide opportunity for the pre

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