19 U.S.C. § 1673g — Conditional payment of antidumping

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. 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.