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19 U.S.C. § 1677i — Downstream product monitoring

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

19 U.S.C. § 1677i — Downstream product monitoring

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Source file: Laws/federal/codes/united-states-code/title-19/section-1677i-downstream-product-monitoring--4c8d18dd47.md
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Source location: Title 19, Chapter 4, § 1677i; chapter-004-tariff-act-of-1930.md

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**(a) Petition requesting monitoring** (1) **In general** — A domestic producer of an article that is like a component part or a downstream product may petition the administering authority to designate a downstream product for monitoring under subsection (b). The petition shall specify— (A) the downstream product, (B) the component product incorporated into such downstream product, and (C) the reasons for suspecting that the imposition of antidumping or countervailing duties has resulted in a diversion of exports of the component part into increased production and exportation to the United States of such downstream product. (2) **Determination regarding petition** — Within 14 days after receiving a petition submitted under paragraph (1), the administering authority shall determine— (A) whether there is a reasonable likelihood that imports into the United States of the downstream product will increase as an indirect result of any diversion with respect to the component part, and (B) whether— (i) the component part is already subject to monitoring to aid in the enforcement of a bilateral arrangement (within the meaning of section 804 of the Trade and Tariff Act of 1984), (ii) merchandise related to the component part and manufactured in the same foreign country in which the component part is manufactured has been the subject of a significant number of investigations suspended under section 1671c or 1673c of this title or countervailing or antidumping duty orders issued under this subtitle or section 1303 11 See References in Text note below. of this title, or (iii) merchandise manufactured or exported by the manufacturer or exporter of the component part that is similar in description and use to the component part has been the subject of at least 2 investigations suspended under section 1671c or 1673c of this title or countervailing or antidumping duty orders issued under this subtitle or section 1303 1 of this title. (3) **Factors to take into account** — In making a determination under paragraph (2)(A), the administering authority may, if appropriate, take into account such factors as— (A) the value of the component part in relation to the value of the downstream product, (B) the extent to which the component part has been substantially transformed as a result of its incorporation into the downstream product, and (C) the relationship between the producers of component parts and producers of downstream products. (4) **Publication of determination** — The administering authority shall publish in the Federal Register notice of each determination made under paragraph (2) and, if the determination made under paragraph (2)(A) and a determination made under any subparagraph of paragraph (2)(B) are affirmative, shall transmit a copy of such determinations and the petition to the Commission. (5) **Determinations not subject to judicial review** — Notwithstanding any other provision of law, any determination made by the administering authority under paragraph (2) shall not be subject to judicial review. **(b) Monitoring by Commission** (1) **In general** — If the determination made under subsection (a)(2)(A) and a determination made under any clause of subsection (a)(2)(B) with respect to a petition are affirmative, the Commission shall immediately commence monitoring of trade in the downstream product that is the subject of the determination made under subsection (a)(2)(A). If the Commission finds that imports of a downstream product being monitored increased during any calendar quarter by 5 percent or more over the preceding quarter, the Commission shall analyze that increase in the context of overall economic conditions in the product sector. (2) **Reports** — The Commission shall make quarterly reports to the administering authority regarding the monitoring and analyses conducted under paragraph (1). The Commission shall make the reports available to the public. **(c) Action on basis of monitoring reports** The administering authority shall review the information in the reports submitted by the Commission under subsection (b)(2) and shall— (1) consider the information in determining whether to initiate an investigation under section 1671a(a) or 1673a(a) of this title regarding any downstream product, and (2) request the Commission to cease monitoring any downstream product if the information indicates that imports into the United States are not increasing and there is no reasonable likelihood of diversion with respect to component parts. **(d) Definitions** For purposes of this section— (1) The term “component part” means any imported article that— (A) during the 5-year period ending on the date on which the petition is filed under subsection (a), has been subject to— (i) a countervailing or antidumping duty order issued under this subtitle or section 1303 1 of this title that requires the deposit of estimated countervailing or antidumping duties imposed at a rate of at least 15 percent ad valorem, or (ii) an agreement entered into under section 1671c, 1673c, or 1303 1 of this title after a preliminary affirmative determination under section 1671b(b), 1673b(b)(1), or 1303 1 of this title was made by the administering authority which included a determination that the estimated net countervailable subsidy was at least 15 percent ad valorem or that the estimated average amount by which the normal value exceeded the export price (or the constructed export price) was at least 15 percent ad valorem, and (B) because of its inherent characteristics, is routinely used as a major part, component, assembly, subassembly, or material in a downstream product. (2) The term “downstream product” means any manufactured article— (A) which is imported into the United States, and (B) into which is incorporated any component part.

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

19 U.S.C. § 1303 — Repealed. Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908

### Statutory Notes Section, acts June 17, 1930, ch. 497, title III, § 303, 46 Stat. 687; Jan. 3, 1975, Pub. L. 93–618, title III, § 331(a), 88 Stat. 2049; Apr. 3, 1979, Pub. L. 96–6, § 1, 93 Stat. 10; July 26, 1979, Pub. L. 96–39, title I, §§ 103, 105(a), 93 Stat. 190, 193, provided for the levy of countervailing duties. #### Effective Date of Repeal Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908, provided that this section is repealed “effective on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out 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. 103–465, title II, § 261(b), (c), Dec. 8, 1994, 108 Stat. 4908, 4909, provided that: “(b) Savings Provisions.—“(1) Continuing effect of legal documents.—All orders, determinations, and other administrative actions—“(A) which have been issued pursuant to an investigation conducted under section 303 of the Tariff Act of 1930 [[19 U.S.C. 1303](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1303&num=0&edition=prelim)], and “(B) which are in effect on the effective date of this title [Jan. 1, 1995, see Effective Date of 1994 Amendment note set out under [section 1671 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1671&num=0&edition=prelim)], or were final before such date and are to become effective on or after such date, shall continue in effect according to their terms until modified, terminated, superseded, set aside, or revoked in accordance with law by the administering authority, the International Trade Commission, or a court of competent jurisdiction, or by operat

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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. § 2253 — Action to facilitate positive adjustment to import competition

**(a) Presidential action** If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2252/b&num=0&edition=prelim) that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs. **(b) Positive adjustment to import competition** (1) For purposes of this part, a positive adjustment to import competition occurs when— (A) the domestic industry— (i) is able to compete successfully with imports after actions taken under [section 2254 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section2254&num=0&edition=prelim) terminate, or (ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and (B) dislocated workers in the industry experience an orderly transition to productive pursuits. (2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under [section 2252(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-sectio

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

19 U.S.C. § 1315 — Effective date of rates of duty

**(a) Articles entered or withdrawn from warehouse for consumption** Except as otherwise specially provided for, the rate or rates of duty imposed by or pursuant to this chapter or any other law on any article entered for consumption or withdrawn from warehouse for consumption shall be the rate or rates in effect when the documents comprising the entry for consumption or withdrawal from warehouse for consumption and any estimated or liquidated duties then required to be paid have been deposited with the Customs Service by written, electronic or such other means as the Secretary by regulation shall prescribe, except that— (1) any article released under an informal mail entry shall be subject to duty at the rate or rates in effect when the preparation of the entry is completed; (2) any article which is not subject to a quantitative or tariff-rate quota and which is covered by an entry for immediate transportation made at the port of original importation under [section 1552 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1552&num=0&edition=prelim), if entered for consumption at the port designated by the consignee, or his agent, in such transportation entry without having been taken into the custody of the appropriate customs officer under [section 1490 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1490&num=0&edition=prelim), shall be subject to the rate or rates in effect when the transportation entry was accepted at the port of original importation; and (3) any article for which duties may, under [section 1505 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title19-section1505&num=0&edition=prelim), be paid at a time later than the time of making entry s

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

19 U.S.C. § 1677i — Downstream product monitoring

Page 417 TITLE 19—CUSTOMS DUTIES § 1677i 1 See References in Text note below. 1954’’, which for purposes of codification was translated as ‘‘title 26’’ thus requiring no change in text. 1984—Subsec. (a). Pub. L. 98–573 amended subsec. (a) generally, substituting provisions making interest pay- able on and after the date of publication of a counter- vailing or antidumping duty order under this subtitle or section 1303 of this title or the date of a finding under the Antidumping Act, 1921 for provisions making interest payable on and after the date on which notice of an affirmative determination by the Commission under section 1671d(b) or 1673d(b) of this title with re- spect to such merchandise was published. Subsec. (b). Pub. L. 98–573 amended subsec. (b) gen- erally, substituting provisions that the rate of interest payable under subsec. (a) for any period of time is the rate of interest established under section 6621 of title 26 for such period for provision that the rate at which such interest was payable would be 8 percent per annum or, if higher, the rate in effect under section 6621 of title 26 on the date on which the rate or amount of the duty was finally determined. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 applicable with respect to merchandise that is unliquidated on or after Nov. 4, 1984, see section 626(b)(4) of Pub. L. 98–573, set out as a note under section 1671 of this title. § 1677h. Drawback treatment For purposes of any law relating to the draw- back of customs duties, countervailing duties and antidumping duties imposed by this subtitle shall not be treated as being regular customs duties. (June 17, 1930, ch. 497, title VII, § 779, as added Pub. L. 98–573, title

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