19 U.S.C. § 1673f — Treatment of difference between deposit

Page 366 TITLE 19—CUSTOMS DUTIES § 1673f Subsec. (b)(1). Pub. L. 103–465, §§ 219(c)(9), 233(a)(5)(X), substituted ‘‘1673b(d)(2)’’ for ‘‘1673b(d)(1)’’ in two places and ‘‘subject merchandise’’ for ‘‘merchandise subject to the antidumping duty order’’. Subsec. (b)(2). Pub. L. 103–465, § 233(a)(5)(Y), sub- stituted ‘‘subject merchandise’’ for ‘‘merchandise sub- ject to an antidumping duty order’’. Subsec. (c). Pub. L. 103–465, § 233(a)(1)(C), (2)(A)(iii), substituted ‘‘normal value’’ for ‘‘foreign market value’’ and ‘‘export price (or the constructed export price)’’ for ‘‘United States price’’ in pars. (1)(C) to (E), (2)(B), and (3). Subsec. (d). Pub. L. 103–465, § 218(b)(2), added subsec. (d). 1988—Subsec. (c)(1). Pub. L. 100–418, § 1325(a), amended par. (1) generally, designating existing provisions as cl. (C) and adding cls. (A), (B), (D), and (E). Subsec. (c)(4). Pub. L. 100–418, § 1325(b), added par. (4). 1986—Subsec. (c)(1). Pub. L. 99–514 inserted ‘‘, and was sold to any person that is not related to such manufac- turer, producer, or exporter,’’ before ‘‘on or after the date’’. 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. EFFECTIVE DATE OF 1988 AMENDMENT Amendment by Pub. L. 100–418 applicable with re- spect to investigations initiated after Aug. 23, 1988, and to reviews initiated under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see section 1337(b) of Pub. L. 100–418, 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. § 1673f. Treatment of difference between deposit of estimated antidumping duty and final as- sessed duty under antidumping duty order (a) Deposit of estimated antidumping duty under section 1673b(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 antidumping duty under section 1673b(d)(1)(B) of this title is different from the amount of the antidumping duty deter- mined under an antidumping duty order pub- lished under section 1673e 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 1673d(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 antidumping duty under section 1673e(a)(3) of this title If the amount of an estimated antidumping duty deposited under section 1673e(a)(3) of this title is different from the amount of the anti- dumping duty determined under an antidumping duty order published under section 1673e of this title, then the difference for entries of merchan- dise entered, or withdrawn from warehouse, for consumption after notice of the affirmative de- termination of the Commission under section 1673d(b) of this title is published shall be— (1) collected, to the extent that the deposit under section 1673e(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 1673e(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, § 737, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 173; amended Pub. L. 103–465, title II, § 219(c)(10), Dec. 8, 1994, 108 Stat. 4857; Pub. L. 104–295, § 40, Oct. 11, 1996, 110 Stat. 3541.) Editorial Notes AMENDMENTS 1996—Subsec. (a). Pub. L. 104–295, § 40(1), substituted ‘‘deposit, or the amount of any bond or other security, required’’ for ‘‘deposit collected’’ in introductory provi- sions. Subsec. (a)(1). Pub. L. 104–295, § 40(2), substituted ‘‘that the cash deposit, bond, or other security’’ for ‘‘the cash deposit collected’’. Subsec. (a)(2). Pub. L. 104–295, § 40(3), substituted ‘‘re- funded or released, to the extent that the cash deposit, bond, or other security’’ for ‘‘refunded, to the extent the cash deposit’’. 1994—Subsec. (a). Pub. L. 103–465 substituted ‘‘1673b(d)(1)(B)’’ for ‘‘1673b(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. § 1673g. Conditional payment of antidumping duty (a) General rule For all entries, or withdrawals from ware- house, for consumption of merchandise subject to an antidumping 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 requirements of subsection (b) and deposits with the appropriate customs officer an estimated antidumping duty in an amount de- termined by the administering authority.