19 U.S.C. § 1673h — Establishment of product categories for

Page 367 TITLE 19—CUSTOMS DUTIES § 1673h (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 determining the export price (or the constructed export price) of the merchan- dise imported by or for the account of that person, and such other information as the ad- ministering authority deems necessary for ascertaining any antidumping duty to be im- posed under this subtitle; (2) maintain and furnish to the customs offi- cer such records concerning the sale of the merchandise as the administering authority, by regulation, requires; (3) state under oath before the customs offi- cer that he is not an exporter, or if he is an ex- porter, declare under oath at the time of entry the constructed export price of the merchan- dise 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 on that merchandise. (June 17, 1930, ch. 497, title VII, § 738, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 174; amended Pub. L. 103–465, title II, § 233(a)(2)(A)(iv), (B), Dec. 8, 1994, 108 Stat. 4898.) Editorial Notes AMENDMENTS 1994—Subsec. (b)(1). Pub. L. 103–465, § 233(a)(2)(A)(iv), substituted ‘‘export price (or the constructed export price)’’ for ‘‘United States price’’. Subsec. (b)(3). Pub. L. 103–465, § 233(a)(2)(B), sub- stituted ‘‘constructed export price’’ for ‘‘exporter’s sales price’’. 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. § 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 pe- tition with the Commission requesting that a product category be established with re- spect to short life cycle merchandise at any time after the merchandise becomes the sub- ject of 2 or more affirmative dumping deter- minations. (B) Contents A petition filed under subparagraph (A) shall— (i) identify the short life cycle merchan- dise that is the subject of the affirmative dumping determinations, (ii) specify the short life cycle merchan- dise that the petitioner seeks to have in- cluded in the same product category as the merchandise that is subject to the affirma- tive dumping determinations, (iii) specify any short life cycle merchan- dise 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 deter- minations on which the petition is based, and (B) upon receipt of such confirmation, de- termine 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 presen- tation of views regarding the establishment of the requested product category, including a public hearing if requested by any inter- ested person. (4) Determinations (A) In general By no later than the date that is 90 days after the date on which a petition is filed under paragraph (1), the Commission shall determine the scope of the product category into which the short life cycle merchandise that is the subject of the affirmative dump- ing determinations identified in such peti- tion shall be classified for purposes of this section. (B) Modifications not requested by petition (i) In general The Commission may, on its own initia- tive, make a determination modifying the scope of any product category established under subparagraph (A) at any time. (ii) Notice and hearing Determinations may be made under clause (i) only after the Commission has— (I) published in the Federal Register notice of the proposed modification, and (II) provided interested parties an op- portunity for a hearing, and a period for the submission of written comments, on the classification of merchandise into the product categories to be affected by such determination. Page 368 TITLE 19—CUSTOMS DUTIES § 1673h (C) Basis of determinations In making determinations under subpara- graph (A) or (B), the Commission shall en- sure that each product category consists of similar short life cycle merchandise which is produced by similar processes under similar circumstances and has similar uses. (b) Definitions For purposes of this section— (1) Eligible domestic entity The term ‘‘eligible domestic entity’’ means a manufacturer or producer in the United States, or a certified union or recognized union or group of workers which is representa- tive of an industry in the United States, that manufactures or produces short life cycle mer- chandise that is— (A) like or directly competitive with other merchandise that is the subject of 2 or more affirmative dumping determinations, or (B) is similar enough to such other mer- chandise as to be considered for inclusion with such merchandise in a product moni- toring category established under this sec- tion. (2) Affirmative dumping determination The term ‘‘affirmative dumping determina- tion’’ means— (A) any affirmative final determination made by the administering authority under section 1673d(a) of this title during the 8- year period preceding the filing of the peti- tion under this section that results in the issuance of an antidumping duty order under section 1673e of this title which requires the deposit of estimated antidumping duties at a rate of not less than 15 percent ad valorem, or (B) any affirmative preliminary deter- mination that— (i) is made by the administering author- ity under section 1673b(b) of this title dur- ing the 8-year period preceding the filing of the petition under this section in the course of an investigation for which no final determination is made under section 1673d of this title by reason of a suspension of the investigation under section 1673c of this title, and (ii) includes a determination that the estimated average amount by which the normal value of the merchandise exceeds the export price (or the constructed export price) of the merchandise is not less than 15 percent ad valorem. (3) Subject of affirmative dumping determina- tion (A) In general Short life cycle merchandise of a manufac- turer shall be treated as being the subject of an affirmative dumping determination only if the administering authority— (i) makes a separate determination of the amount by which the normal value of such merchandise of the manufacturer ex- ceeds the export price (or the constructed export price) of such merchandise of the manufacturer, and (ii) specifically identifies the manufac- turer by name with such amount in the af- firmative dumping determination or in an antidumping duty order issued as a result of the affirmative dumping determination. (B) Exclusion Short life cycle merchandise of a manufac- turer shall not be treated as being the sub- ject of an affirmative dumping determina- tion if— (i) such merchandise of the manufac- turer is part of a group of merchandise to which the administering authority assigns (in lieu of making separate determinations described in subparagraph (A)(i)(I)) an amount determined to be the amount by which the normal value of the merchan- dise in such group exceeds the export price (or the constructed export price) of the merchandise in such group, and (ii) the merchandise and the manufac- turer are not specified by name in the af- firmative dumping determination or in any antidumping duty order issued as a re- sult of such affirmative dumping deter- mination. (4) Short life cycle merchandise The term ‘‘short life cycle merchandise’’ means any product that the Commission de- termines is likely to become outmoded within 4 years, by reason of technological advances, after the product is commercially available. For purposes of this paragraph, the term ‘‘out- moded’’ refers to a kind of style that is no longer state-of-the-art. (c) Transitional rules (1) For purposes of this section and section 1673b(b)(1)(B) and (C) of this title, all affirmative dumping determinations described in subsection (b)(2)(A) that were made after December 31, 1980, and before August 23, 1988, and all affirmative dumping determinations described in subsection (b)(2)(B) that were made after December 31, 1984, and before August 23, 1988, with respect to each category of short life cycle merchandise of the same manufacturer shall be treated as one af- firmative dumping determination with respect to that category for that manufacturer which was made on the date on which the latest of such determinations was made. (2) No affirmative dumping determination that— (A) is described in subsection (b)(2)(A) and was made before January 1, 1981, or (B) is described in subsection (b)(2)(B) and was made before January 1, 1985, may be taken into account under this section or section 1673b(b)(1)(B) and (C) of this title. (June 17, 1930, ch. 497, title VII, § 739, as added Pub. L. 100–418, title I, § 1323(a), Aug. 23, 1988, 102 Stat. 1195; amended Pub. L. 101–382, title I, § 139(a)(2), Aug. 20, 1990, 104 Stat. 653; Pub. L. 103–465, title II, § 233(a)(1)(D), (2)(A)(v), Dec. 8, 1994, 108 Stat. 4898.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(1)(B)(v), is not set out in the Page 369 TITLE 19—CUSTOMS DUTIES § 1675 1 See References in Text note below. Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. PRIOR PROVISIONS A prior section, act June 17, 1930, ch. 497, title VII, § 739, as added July 26, 1979, Pub. L. 96–39, title I, § 101, 93 Stat. 174, related to duties of customs officers, prior to repeal by Pub. L. 98–573, title VI, § 610(a), Oct. 30, 1984, 98 Stat. 3031. AMENDMENTS 1994—Subsec. (b)(2)(B)(ii), (3)(A)(i), (B)(i). Pub. L. 103–465 substituted ‘‘normal value’’ for ‘‘foreign market value’’ and ‘‘export price (or the constructed export price)’’ for ‘‘United States price’’. 1990—Subsec. (a)(1)(B)(v). Pub. L. 101–382 substituted ‘‘Harmonized Tariff Schedule’’ for ‘‘Tariff Schedules’’. 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. § 1673i. Repealed. Pub. L. 98–573, title VI, § 622(a)(1), Oct. 30, 1984, 98 Stat. 3039 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 was to be treated as a normal customs duty for drawback purposes. See section 1677h of this title. Statutory Notes and Related Subsidiaries 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. PART III—REVIEWS; OTHER ACTIONS REGARDING AGREEMENTS Editorial Notes CODIFICATION The designation ‘‘PART III’’ was in the original ‘‘Sub- title C’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. SUBPART A—REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN QUANTITATIVE RE- STRICTION AGREEMENTS § 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 1 of this title, an antidumping duty order under this subtitle or a finding under the Anti- dumping Act, 1921, or a notice of the suspen- sion of an investigation, the administering au- thority, 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 anti- dumping duty, and (C) review the current status of, and com- pliance 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 coun- tervailing 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 merchandise that was the subject of an antidumping duty or coun- tervailing duty order to the United States (or, in the case of a regional in- dustry, did not export the subject mer- chandise for sale in the region con- cerned) during the period of investiga- tion, and (II) such exporter or producer is not af- filiated (within the meaning of section 1677(33) of this title) with any exporter or producer who exported the subject mer- chandise to the United States (or in the case of a regional industry, who exported the subject merchandise for sale in the region concerned) during that period, the administering authority shall conduct a review under this subsection to establish an individual weighted average dumping margin or an individual countervailing duty rate (as the case may be) for such ex- porter or producer. (ii) Time for review under clause (i) The administering authority shall com- mence a review under clause (i) in the cal- endar month beginning after— (I) the end of the 6-month period begin- ning on the date of the countervailing duty or antidumping duty order under review, or