19 U.S.C. § 1671f — Treatment of difference between deposit

Page 349 TITLE 19—CUSTOMS DUTIES § 1671h § 1671f. Treatment of difference between deposit of estimated countervailing duty and final assessed duty under countervailing duty order (a) Deposit of estimated countervailing duty under section 1671b(d)(1)(B) of this title If the amount of a cash deposit, or the amount of any bond or other security, required as secu- rity for an estimated countervailing duty under section 1671b(d)(1)(B) of this title is different from the amount of the countervailing duty de- termined under a countervailing duty order issued under section 1671e of this title, then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption be- fore notice of the affirmative determination of the Commission under section 1671d(b) of this title is published shall be— (1) disregarded, to the extent that the cash deposit, bond, or other security is lower than the duty under the order, or (2) refunded or released, to the extent that the cash deposit, bond, or other security is higher than the duty under the order. (b) Deposit of estimated countervailing duty under section 1671e(a)(3) of this title If the amount of an estimated countervailing duty deposited under section 1671e(a)(3) of this title is different from the amount of the coun- tervailing duty determined under a counter- vailing duty order issued under section 1671e of this title, then the difference for entries of mer- chandise entered, or withdrawn from warehouse, for consumption after notice of the affirmative determination of the Commission under section 1671d(b) of this title is published shall be— (1) collected, to the extent that the deposit under section 1671e(a)(3) of this title is lower than the duty determined under the order, or (2) refunded, to the extent that the deposit under section 1671e(a)(3) of this title is higher than the duty determined under the order, together with interest as provided by section 1677g of this title. (June 17, 1930, ch. 497, title VII, § 707, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 161; amended Pub. L. 103–465, title II, § 264(c)(10), Dec. 8, 1994, 108 Stat. 4914.) Editorial Notes AMENDMENTS 1994—Subsec. (a). Pub. L. 103–465 substituted ‘‘1671b(d)(1)(B)’’ for ‘‘1671b(d)(2)’’ in heading and text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. § 1671g. Effect of derogation of Export-Import Bank financing Nothing in this subtitle shall be interpreted as superseding the provisions of section 635a–3 of title 12, except that in the event of an assess- ment of duty based on a derogation under sec- tion 1671e of this title or action under section 1671b(d)(1)(B) of this title, the Secretary of the Treasury shall not authorize the Bank to pro- vide guarantees, insurance and credits to com- peting United States sellers pursuant to section 635a–3 of title 12. (June 17, 1930, ch. 497, title VII, § 708, as added Pub. L. 98–181, title I [title VI, § 650(c)], Nov. 30, 1983, 97 Stat. 1266; amended Pub. L. 99–514, title XVIII, § 1886(a)(6)(A), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 103–465, title II, § 264(c)(11), Dec. 8, 1994, 108 Stat. 4914.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 substituted ‘‘1671b(d)(1)(B)’’ for ‘‘1671b(d)(2)’’. 1986—Pub. L. 99–514 added section catchline. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989 For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 1101–1147 and 1171–1177] or title XVIII [§§ 1801–1899A] of Pub. L. 99–514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99–514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code. § 1671h. Conditional payment of countervailing duty (a) In general For all entries, or withdrawals from ware- house, for consumption of merchandise subject to a countervailing duty order on or after the date of publication of such order, no customs of- ficer may deliver merchandise of that class or kind to the person by whom or for whose ac- count it was imported unless that person com- plies with the requirement of subsection (b) and deposits with the appropriate customs officer an estimated countervailing duty in an amount de- termined by the administering authority. (b) Importer requirements In order to meet the requirements of this sub- section, a person shall— (1) furnish, or arrange to have furnished, to the appropriate customs officer such informa- tion as the administering authority deems necessary for ascertaining any countervailing duty to be imposed under this part, (2) maintain and furnish to the customs offi- cer such records concerning such merchandise as the administering authority, by regulation, requires, and