19 U.S.C. § 1683b — Scope of softwood lumber importer dec-

Page 429 TITLE 19—CUSTOMS DUTIES § 1683b (9) United States The term ‘‘United States’’ means the cus- toms territory of the United States, as defined in General Note 2 of the HTS. (June 17, 1930, ch. 497, title VIII, § 802, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1844.) Editorial Notes REFERENCES IN TEXT The Harmonized Tariff Schedule of the United States, referred to in par. (7), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. CODIFICATION Another section 802 of act June 17, 1930, is classified to section 1681a of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 110–246, title III, § 3301(b), June 18, 2008, 122 Stat. 1853, provided that: ‘‘The amendments made by this section [enacting this subtitle] shall take effect on the date that is 60 days after the date of the enactment of this Act [June 18, 2008].’’ § 1683a. Establishment of softwood lumber im- porter declaration program (a) Establishment of program (1) In general The President shall establish and maintain an importer declaration program with respect to the importation of softwood lumber and softwood lumber products described in section 1683b(a) of this title. The importer declaration program shall require importers of softwood lumber and softwood lumber products de- scribed in section 1683b(a) of this title to pro- vide the information required under sub- section (b) and declare the information re- quired by subsection (c), and require that such information accompany the entry summary documentation. (2) Electronic record The President shall establish an electronic record that includes the importer information required under subsection (b) and the declara- tions required under subsection (c). (b) Required information The President shall require the following in- formation to be submitted by any person seek- ing to import softwood lumber or softwood lum- ber products described in section 1683b(a) of this title: (1) The export price for each shipment of softwood lumber or softwood lumber products. (2) The estimated export charge, if any, ap- plicable to each shipment of softwood lumber or softwood lumber products as calculated by applying the percentage determined and pub- lished by the Under Secretary for Inter- national Trade of the Department of Com- merce pursuant to section 1683c of this title to the export price provided in subsection (b)(1). (c) Importer declarations Pursuant to procedures prescribed by the President, any person seeking to import softwood lumber or softwood lumber products described in section 1683b(a) of this title shall declare that— (1) the person has made appropriate inquiry, including seeking appropriate documentation from the exporter and consulting the deter- minations published by the Under Secretary for International Trade of the Department of Commerce pursuant to section 1683c(b) of this title; and (2) to the best of the person’s knowledge and belief— (A) the export price provided pursuant to subsection (b)(1) is determined in accordance with the definition provided in section 1683(5) of this title; (B) the export price provided pursuant to subsection (b)(1) is consistent with the ex- port price provided on the export permit, if any, granted by the country of export; and (C) the exporter has paid, or committed to pay, all export charges due— (i) in accordance with the volume, export price, and export charge rate or rates, if any, as calculated under an international agreement entered into by the country of export and the United States; and (ii) consistent with the export charge de- terminations published by the Under Sec- retary for International Trade pursuant to section 1683c(b) of this title. (June 17, 1930, ch. 497, title VIII, § 803, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1847.) Editorial Notes REFERENCES IN TEXT Section 1683 of this title, referred to in subsec. (c)(2)(A), was in the original section ‘‘802’’, and was translated as meaning the section 802 of act June 17, 1930, as added by section 3301(a) of Pub. L. 110–246, to re- flect the probable intent of Congress. CODIFICATION Another section 803 of act June 17, 1930, is classified to section 1681b of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after June 18, 2008, see sec- tion 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title. § 1683b. Scope of softwood lumber importer dec- laration program (a) Products included in program The following products shall be subject to the importer declaration program established under section 1683a of this title: (1) In general All softwood lumber and softwood lumber products classified under subheading 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the HTS, including the following softwood lumber, flooring, and siding: (A) Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded, or finger-jointed, of a thick- ness exceeding 6 millimeters. Page 430 TITLE 19—CUSTOMS DUTIES § 1683b (B) Coniferous wood siding (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed. (C) Other coniferous wood (including strips and friezes for parquet flooring, not assem- bled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces (other than wood moldings and wood dowel rods) whether or not planed, sanded, or finger-jointed. (D) Coniferous wood flooring (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed. (E) Coniferous drilled and notched lumber and angle cut lumber. (2) Products continually shaped Any product classified under subheading 4409.10.05 of the HTS that is continually shaped along its end or side edges. (3) Other lumber products Except as otherwise provided in subsection (b) or (c), softwood lumber products that are stringers, radius-cut box-spring frame compo- nents, fence pickets, truss components, pallet components, and door and window frame parts classified under subheading 4418.90.46.95, 4421.90.70.40, or 4421.90.97.40 of the HTS. (b) Products excluded from program The following products shall be excluded from the importer declaration program established under section 1683a of this title: (1) Trusses and truss kits, properly classified under subheading 4418.90 of the HTS. (2) I-joist beams. (3) Assembled box-spring frames. (4) Pallets and pallet kits, properly classified under subheading 4415.20 of HTS. (5) Garage doors. (6) Edge-glued wood, properly classified under subheading 4421.90.97.40 of the HTS. (7) Complete door frames. (8) Complete window frames. (9) Furniture. (10) Articles brought into the United States temporarily and for which an exemption from duty is claimed under subchapter XIII of chap- ter 98 of the HTS. (11) Household and personal effects. (c) Exceptions for certain products The following softwood lumber products shall not be subject to the importer declaration pro- gram established under section 1683a of this title: (1) Stringers Stringers (pallet components used for run- ners), if the stringers— (A) have at least 2 notches on the side, po- sitioned at equal distance from the center, to properly accommodate forklift blades; and (B) are properly classified under sub- heading 4421.90.97.40 of the HTS. (2) Box-spring frame kits (A) In general Box-spring frame kits, if— (i) the kits contain— (I) 2 wooden side rails; (II) 2 wooden end (or top) rails; and (III) varying numbers of wooden slats; and (ii) the side rails and the end rails are ra- dius-cut at both ends. (B) Packaging Any kit described in subparagraph (A) shall be individually packaged, and contain the exact number of wooden components needed to make the box-spring frame de- scribed on the entry documents, with no fur- ther processing required. None of the compo- nents contained in the package may exceed 1 inch in actual thickness or 83 inches in length. (3) Radius-cut box-spring frame components Radius-cut box-spring frame components, not exceeding 1 inch in actual thickness or 83 inches in length, ready for assembly without further processing, if radius cuts are present on both ends of the boards and are substantial cuts so as to completely round 1 corner. (4) Fence pickets Fence pickets requiring no further proc- essing and properly classified under sub- heading 4421.90.70 of the HTS, 1 inch or less in actual thickness, up to 8 inches wide, and 6 feet or less in length, and having finials or decorative cuttings that clearly identify them as fence pickets. In the case of dog-eared fence pickets, the corners of the boards shall be cut off so as to remove pieces of wood in the shape of isosceles right angle triangles with sides measuring 3⁄4 of an inch or more. (5) United States-origin lumber Lumber originating in the United States that is exported to another country for minor processing and imported into the United States if— (A) the processing occurring in another country is limited to kiln drying, planing to create smooth-to-size board, and sanding; and (B) the importer establishes to the satis- faction of U.S. Customs and Border Protec- tion upon entry that the lumber originated in the United States. (6) Softwood lumber Any softwood lumber or softwood lumber product that originated in the United States, if the importer, exporter, foreign processor, or original United States producer establishes to the satisfaction of U.S. Customs and Border Protection upon entry that the softwood lum- ber entered and documented as originating in the United States was first produced in the United States. (7) Home packages or kits (A) In general Softwood lumber or softwood lumber prod- ucts contained in a single family home pack- Page 431 TITLE 19—CUSTOMS DUTIES § 1683d age or kit, regardless of the classification under the HTS, if the importer declares that the following requirements have been met: (i) The package or kit constitutes a full package of the number of wooden pieces specified in the plan, design, or blueprint necessary to produce a home of at least 700 square feet produced to a specified plan, design, or blueprint. (ii) The package or kit contains— (I) all necessary internal and external doors and windows, nails, screws, glue, subfloor, sheathing, beams, posts, and connectors; and (II) if included in the purchase con- tract, the decking, trim, drywall, and roof shingles specified in the plan, de- sign, or blueprint. (iii) Prior to importation, the package or kit is sold to a United States retailer that sells complete home packages or kits pur- suant to a valid purchase contract ref- erencing the particular home design, plan, or blueprint, and the contract is signed by a customer not affiliated with the im- porter. (iv) Softwood lumber products entered as part of the package or kit, whether in a single entry or multiple entries on mul- tiple days, are to be used solely for the construction of the single family home specified by the home design, plan, or blue- print matching the U.S. Customs and Bor- der Protection import entry. (B) Additional documentation required for home packages and kits In the case of each entry of products de- scribed in clauses (i) through (iv) of subpara- graph (A) the following documentation shall be retained by the importer and made avail- able to U.S. Customs and Border Protection upon request: (i) A copy of the appropriate home de- sign, plan, or blueprint matching the cus- toms entry in the United States. (ii) A purchase contract from a retailer of home kits or packages signed by a cus- tomer not affiliated with the importer. (iii) A listing of all parts in the package or kit being entered into the United States that conforms to the home design, plan, or blueprint for which such parts are being imported. (iv) If a single contract involves multiple entries, an identification of all the items required to be listed under clause (iii) that are included in each individual shipment. (d) Products covered For purposes of determining if a product is covered by the importer declaration program, the President shall be guided by the article de- scriptions provided in this section. (June 17, 1930, ch. 497, title VIII, § 804, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1848.) Editorial Notes REFERENCES IN TEXT Section 1683a of this title, referred to in subsecs. (a) to (c), was in the original section ‘‘803’’, and was trans- lated as meaning the section 803 of act June 17, 1930, as added by section 3301(a) of Pub. L. 110–246, to reflect the probable intent of Congress. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after June 18, 2008, see sec- tion 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title. § 1683c. Export charge determination and publi- cation (a) Determination The Under Secretary for International Trade of the Department of Commerce shall deter- mine, on a monthly basis, any export charges (expressed as a percentage of export price) to be collected by a country of export from exporters of softwood lumber or softwood lumber products described in section 1683b(a) of this title in order to ensure compliance with any international agreement entered into by that country and the United States. (b) Publication The Under Secretary for International Trade shall immediately publish any determination made under subsection (a) on the website of the International Trade Administration of the De- partment of Commerce, and in any other man- ner the Under Secretary considers appropriate. (June 17, 1930, ch. 497, title VIII, § 805, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective 60 days after June 18, 2008, see sec- tion 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title. § 1683d. Reconciliation The Secretary of the Treasury shall conduct reconciliations to ensure the proper implemen- tation and operation of international agree- ments entered into between a country of export of softwood lumber or softwood lumber products described in section 1683b(a) of this title and the United States. The Secretary of Treasury shall reconcile the following: (1) The export price declared by a United States importer pursuant to section 1683a(b)(1) of this title with the export price reported to the United States by the country of export, if any. (2) The export price declared by a United States importer pursuant to section 1683a(b)(1) of this title with the revised export price re- ported to the United States by the country of export, if any. (June 17, 1930, ch. 497, title VIII, § 806, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.) Editorial Notes REFERENCES IN TEXT Section 1683a of this title, referred to in pars. (1) and (2), was in the original section ‘‘803’’, and was trans-