19 U.S.C. § 1677g — Interest on certain overpayments and

Page 416 TITLE 19—CUSTOMS DUTIES § 1677g 1 See References in Text note below. used to determine the all-others rate under section 1671d(c)(5) of this title. (f) Adjustment of antidumping duty in certain proceedings relating to imports from non- market economy countries (1) In general If the administering authority determines, with respect to a class or kind of merchandise from a nonmarket economy country for which an antidumping duty is determined using nor- mal value pursuant to section 1677b(c) of this title, that— (A) pursuant to section 1671(a)(1) of this title, a countervailable subsidy (other than an export subsidy referred to in section 1677a(c)(1)(C) of this title) has been provided with respect to the class or kind of merchan- dise, (B) such countervailable subsidy has been demonstrated to have reduced the average price of imports of the class or kind of mer- chandise during the relevant period, and (C) the administering authority can rea- sonably estimate the extent to which the countervailable subsidy referred to in sub- paragraph (B), in combination with the use of normal value determined pursuant to sec- tion 1677b(c) of this title, has increased the weighted average dumping margin for the class or kind of merchandise, the administering authority shall, except as provided in paragraph (2), reduce the anti- dumping duty by the amount of the increase in the weighted average dumping margin esti- mated by the administering authority under subparagraph (C). (2) Maximum reduction in antidumping duty The administering authority may not reduce the antidumping duty applicable to a class or kind of merchandise from a nonmarket econ- omy country under this subsection by more than the portion of the countervailing duty rate attributable to a countervailable subsidy that is provided with respect to the class or kind of merchandise and that meets the condi- tions described in subparagraphs (A), (B), and (C) of paragraph (1). (June 17, 1930, ch. 497, title VII, § 777A, as added Pub. L. 98–573, title VI, § 620(a), Oct. 30, 1984, 98 Stat. 3039; amended Pub. L. 103–465, title II, §§ 229(a), 269(a), (b)(1), Dec. 8, 1994, 108 Stat. 4889, 4916; Pub. L. 112–99, § 2(a), Mar. 13, 2012, 126 Stat. 265.) Editorial Notes AMENDMENTS 2012—Subsec. (f). Pub. L. 112–99 added subsec. (f). 1994—Pub. L. 103–465, § 269(b)(1), inserted ‘‘and countervailable subsidy rate’’ after ‘‘margin’’ in sec- tion catchline. Pub. L. 103–465, § 269(a), added subsec. (e). Pub. L. 103–465, § 229(a), amended section generally, substituting present provisions for provisions author- izing use of averaging or generally recognized sampling techniques for purposes of determining United States price or foreign market value and for purposes of an- nual reviews under section 1675 of this title, and pro- viding for selection of samples and averages by admin- istering authority. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2012 AMENDMENT Pub. L. 112–99, § 2(b), Mar. 13, 2012, 126 Stat. 266, pro- vided that: ‘‘Subsection (f) of section 777A of the Tariff Act of 1930 [19 U.S.C. 1677f–1(f)], as added by subsection (a) of this section, applies to— ‘‘(1) all investigations and reviews initiated pursu- ant to title VII of that Act (19 U.S.C. 1671 et seq.) on or after the date of the enactment of this Act [Mar. 13, 2012]; and ‘‘(2) subject to subsection (c) of section 129 of the Uruguay Round Agreements Act (19 U.S.C. 3538), all determinations issued under subsection (b)(2) of that section on or after the date of the enactment of this Act.’’ 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. EFFECTIVE DATE Section applicable with respect to investigations ini- tiated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amend- ed, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. § 1677g. Interest on certain overpayments and underpayments (a) General rule Interest shall be payable on overpayments and underpayments of amounts deposited on mer- chandise entered, or withdrawn from warehouse, for consumption on and after— (1) the date of publication of a counter- vailing or antidumping duty order under this subtitle or section 1303 1 of this title, or (2) the date of a finding under the Anti- dumping Act, 1921. (b) Rate The rate of interest payable under subsection (a) for any period of time is the rate of interest established under section 6621 of title 26 for such period. (June 17, 1930, ch. 497, title VII, § 778, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 188; amended Pub. L. 98–573, title VI, § 621, Oct. 30, 1984, 98 Stat. 3039; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.) Editorial Notes REFERENCES IN TEXT Section 1303 of this title, referred to in subsec. (a)(1), is defined in section 1677(26) of this title to mean sec- tion 1330 as in effect on the day before Jan. 1, 1995. The Antidumping Act, 1921, referred to in subsec. (a)(2), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), July 26, 1979, 93 Stat. 193. AMENDMENTS 1986—Subsec. (b). Pub. L. 99–514 substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 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 VI, § 622(a)(2), Oct. 30, 1984, 98 Stat. 3039; amended Pub. L. 100–418, title I, § 1334(a), (b)(1), Aug. 23, 1988, 102 Stat. 1209, 1210.) Editorial Notes AMENDMENTS 1988—Pub. L. 100–418 substituted ‘‘Drawback treat- ment’’ for ‘‘Drawbacks’’ in section catchline and ‘‘not be treated as being regular’’ for ‘‘be treated as any other’’ in text. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable with re- spect to articles entered, or withdrawn from warehouse for consumption, on or after Aug. 23, 1988, see section 1337(d) of Pub. L. 100–418, set out as a note under sec- tion 1671 of this title. EFFECTIVE DATE Section 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. § 1677i. Downstream product monitoring (a) Petition requesting monitoring (1) In general A domestic producer of an article that is like a component part or a downstream prod- uct may petition the administering authority to designate a downstream product for moni- toring 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 im- position of antidumping or countervailing duties has resulted in a diversion of exports of the component part into increased pro- duction and exportation to the United States of such downstream product. (2) Determination regarding petition Within 14 days after receiving a petition sub- mitted under paragraph (1), the administering authority shall determine— (A) whether there is a reasonable likeli- hood 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 mean- ing of section 804 of the Trade and Tariff Act of 1984), (ii) merchandise related to the compo- nent 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 1 of this title, or (iii) merchandise manufactured or ex- ported by the manufacturer or exporter of the component part that is similar in de- scription and use to the component part has been the subject of at least 2 investiga- tions suspended under section 1671c or 1673c of this title or countervailing or anti- dumping duty orders issued under this sub- title 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 ap- propriate, take into account such factors as— (A) the value of the component part in re- lation to the value of the downstream prod- uct, (B) the extent to which the component part has been substantially transformed as a result of its incorporation into the down- stream product, and (C) the relationship between the producers of component parts and producers of down- stream products. (4) Publication of determination The administering authority shall publish in the Federal Register notice of each determina- tion made under paragraph (2) and, if the de- termination 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 re- view Notwithstanding any other provision of law, any determination made by the administering