§1671 Countervailing duties imposed

2012—Subsec. (f). Pub. L. 112–99 added subsec. (f). 1994—Subsecs. (a) to (c). Pub. L. 103–465, § 262, amended subsecs. (a) to (c) generally, substituting present provisions for provisions which generally authorized the imposition of countervailing duties, defined “country under the Agreement”, and provided for revocation of status as country under the Agreement. Subsec. (d). Pub. L. 103–465, § 270(b)(1)(A), substituted “countervailable subsidies” for “subsidies” wherever appearing. Pub. L. 103–465, § 233(a)(5)(A), substituted “subject merchandise” for “a class or kind of merchandise subject to a countervailing duty investigation”. Subsec. (f). Pub. L. 103–465, § 261(d)(1)(B)(iii), struck out subsec. (f) which provided for cross reference to section 1303 of this title for provisions of law applicable in the case of merchandise which was product of country other than country under the Agreement. 1988—Subsec. (c). Pub. L. 100–418, § 1314(2), added subsec. (c). Former subsec. (c) relating to upstream subsidies redesignated (d). Subsec. (d). Pub. L. 100–647 redesignated subsec. (d), relating to cross reference, as (f). Pub. L. 100–418, § 1315(2), added subsec. (d) relating to treatment of international consortia. Former subsec. (d), relating to upstream subsidies, redesignated (e). Pub. L. 100–418, § 1314(1), redesignated subsec. (c), relating to upstream subsidies, as (d). Subsec. (e). Pub. L. 100–418, § 1315(1), redesignated subsec. (d), relating to upstream subsidies, as (e). Subsec. (f). Pub. L. 100–647 redesignated subsec (d), relating to cross reference, as (f). 1986—Subsecs. (c), (d), (g). Pub. L. 99–514 redesignated subsecs. (g) and (c) as (c) and (d), respectively. 1984—Subsec. (a). Pub. L. 98–573, § 602(a)(1)(C), inserted last sentence which provided that for purposes of this subsection and section 1671d(b)(1) of this title, a reference to the sale of merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise. Subsec. (a)(1). Pub. L. 98–573, § 602(a)(1)(A), inserted “, or sold (or likely to be sold) for importation,” in provisions following subpar. (B). Subsec. (a)(2). Pub. L. 98–573, § 602(a)(1)(B), inserted “or by reason of sales (or the likelihood of sales) of that merchandise for importation” in provisions following subpar. (B). Subsec. (g). Pub. L. 98–573, § 613(b), added subsec. (g).

of 2012 Amendment Pub. L. 112–99, § 1(b), Mar. 13, 2012, 126 Stat. 265, provided that: “Subsection (f) of section 701 of the Tariff Act of 1930 [19 U.S.C. 1671(f)], as added by subsection (a) of this section, applies to— “(1) all proceedings initiated under subtitle A of title VII of that Act (19 U.S.C. 1671 et seq.) on or after November 20, 2006; “(2) all resulting actions by U.S. Customs and Border Protection; and “(3) all civil actions, criminal proceedings, and other proceedings before a Federal court relating to proceedings referred to in paragraph (1) or actions referred to in paragraph (2).”

of 1994 AmendmentAmendment by section 261(d)(1)(B)(iii) of Pub. L. 103–465 effective on the

of title II of Pub. L. 103–465, Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103–465, set out as a note under section 1315 of this title. Pub. L. 103–465, title II, § 291, Dec. 8, 1994, 108 Stat. 4931, provided that: “(a) In General.—Except as provided in section 261 [amending this section and section 1315, 1337, 1677i, 2192, and 2194 of this title, repealing section 1303 of this title, enacting provisions set out as notes under section 1303 and 1315 of this title, and amending provisions set out as a note under section 1303 of this title], the

made by this title [see Tables for classification] shall take effect on the date described in subsection (b) and apply with respect to—“(1) investigations initiated—“(A) on the basis of petitions filed under section 702(b), 732(b), or 783(b) of the Tariff Act of 1930 [19 U.S.C. 1671a(b), 1673a(b), or 1677n(b)] after the date described in subsection (b), or “(B) by the administering authority under section 702(a) or 732(a) of such Act after such date, “(2) reviews initiated under section 751 of such Act [19 U.S.C. 1675]—“(A) by the administering authority or the Commission on their own initiative after such date, or “(B) pursuant to a request filed after such date, “(3) investigations initiated under section 753 of such Act [19 U.S.C. 1675b] after such date, “(4) petitions filed under section 780 of such Act [19 U.S.C. 1677i] after such date, and “(5) inquiries initiated under section 781 of such Act [19 U.S.C. 1677j]—“(A) by the administering authority on its own initiative after such date, or “(B) pursuant to a request filed after such date. “(b) Date Described.—The date described in this subsection is the date on which the WTO Agreement (as defined in section 2(9) [19 U.S.C. 3501(9)]) enters into force with respect to the United States [Jan. 1, 1995].”

of 1988

Amendment by Pub. L. 100–647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100–647, set out as an Effective and Termination Dates of 1988

note under section 58c of this title. Pub. L. 100–418, title I, § 1337, Aug. 23, 1988, 102 Stat. 1211, as amended by Pub. L. 100–647, title IX, § 9001(a)(6), Nov. 10, 1988, 102 Stat. 3807, provided that: “(a) In General.—Except as otherwise provided in this section, the

made by this part [part 2 (§§ 1311–1337) of subtitle C of title I of Pub. L. 100–418, enacting section 1673h, 1677–2, 1677i to 1677k of this title, amending this section and section 1516, 1671a to 1671d, 1673a to 1673e, 1675, 1677, 1677b, 1677e, 1677f, and 1677h of this section, and amending provisions set out as a note under section 2253 of this title] shall take effect on the date of enactment of this Act [Aug. 23, 1988]. “(b) Investigations and Reviews After Enactment.—The

made by section 1312, 1315, 1316, 1318, 1325, 1326, 1327, 1328, 1329, 1331, and 1332 [amending this section and section 1516, 1671a to 1671c, 1673a to 1673c, 1673e, 1677, 1677b, 1677e, and 1677f of this title] shall only apply with respect to—“(1) investigations initiated after the date of enactment of this Act [Aug. 23, 1988], and “(2) reviews initiated under section 736(c) or 751 of the Tariff Act of 1930 [19 U.S.C. 1673e(c) or 1675] after the date of enactment of this Act [Aug. 23, 1988]. “(c) Investigations After Enactment.—The

made by section 1324 and 1330 [amending section 1671a, 1671b, 1671d, 1673a, 1673b, 1673d, and 1677 of this title] shall only apply with respect to investigations initiated after the date of enactment of this Act [Aug. 23, 1988]. “(d) Prevention of Circumvention of Duties; Drawback.—The provisions of section 781 of the Tariff Act of 1930, as added by section 1321(a) [19 U.S.C. 1677j], and the

made by section 1334 [amending section 1677h of this title] shall apply with respect to articles entered, or withdrawn from warehouse for consumption, on or after the date of enactment of this Act [Aug. 23, 1988]. “(e) Governmental Importations; Steel.—The

made by section 1322 [amending provisions set out as a note under section 2253 of this title] and 1335 [amending section 1677 of this title] shall apply with respect to entries, and withdrawals from warehouse for consumption, that are liquidated on or after the date of enactment of this Act [Aug. 23, 1988]. “(f) Fictitious Markets.—The amendment made by section 1319 [amending section 1677b of this title] shall only apply with respect to—“(1) reviews initiated under section 736(c) or 751 of the Tariff Act of 1930 [19 U.S.C. 1673e(c) or 1675] after the date of enactment of this Act [Aug. 23, 1988], and “(2) reviews initiated under such sections—“(A) which are pending on the date of enactment of this Act, and “(B) in which a request for revocation is pending on the date of enactment of this Act.”

of 1984 Amendment Pub. L. 98–573, title VI, § 626, Oct. 30, 1984, 98 Stat. 3042, as amended by Pub. L. 99–514, title XVIII, § 1886(b), Oct. 22, 1986, 100 Stat. 2922, provided that: “(a) Except as provided in subsections (b) and (c), this Act [probably should be “this title”], and the

made by it [enacting section 1671h, 1677–1, and 1677h of this title, amending this section and sections 1671b to 1671e, 1673c, 1673d, 1677a to 1677f, and 1677g of this title, and repealing section 1673h and 1673i of this title], shall take effect on the date of the enactment of this Act [Oct. 30, 1984]. “(b)(1) The

made by section 602, 609, 611, 612, and 620 [enacting section 1676, 1676a, and 1677f–1 of this title and amending this section and section 1514, 1671c, 1671d, 1673, 1673a, 1673c, 1673d, 1675, 1677, and 1677b of this title, section 2631 of Title 28, Judiciary and Judicial Procedure, and provisions set out as a note under this section] shall apply with respect to investigations initiated by petition or by the administering authority under subtitles A and B of title VII of the Tariff Act of 1930 [parts I and II of this subtitle], and to reviews begun under section 751 of that Act [section 1675 of this title], on or after such

. “(2) The

made by section 623 [amending section 1516a of this title and section 2636 and 2647 of Title 28] shall apply with respect to civil actions pending on, or filed on or after, the date of the enactment of this Act [Oct. 30, 1984]. “(3) The administering authority may delay implementation of any of the

Pub. L. 96–39, title I, § 107, July 26, 1979, 93 Stat. 193, provided that: “Except as otherwise provided in this title, this title and the

made by it [enacting this subtitle, amending section 1303, 1337, 2033, and 2251 of this title, repealing sections 160 to 171 of this title, and enacting provisions set out as notes under this section and section 160 and 1303 of this title] shall take effect on January 1, 1980, if—“(1) the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the General Agreement on Tariffs and Trade (relating to subsidies and countervailing measures), and “(2) the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (relating to antidumping measures), approved by the Congress under section 2(a) of this Act [section 2503(a) of this title] have entered into force with respect to the United States as of that date.” [These agreements entered into force with respect to the United States on Dec. 17, 1979.] Plan

Not Required Until January 1, 1989For provisions directing that if any

of the application of title VII of the Tariff Act of 1930 [see

note set out above] to imports from a country, there is an investigation in progress under section 303 of that Act [section 1303 of this title] as to whether a bounty or grant is being paid or bestowed on imports from such country, then:“(1) If the Secretary of the Treasury has not yet made a preliminary determination under section 303 of that Act [section 1303 of this title] as to whether a bounty or grant is being paid or bestowed, he shall terminate the investigation under section 303 [section 1303 of this title] and the matter previously under investigation shall be subject to this title [this subtitle] as if the affirmative determination called for in section 702 of that Act [section 1671a of this title] were made with respect to that matter on the

of the application of title VII of that Act [this subtitle] to such country. “(2) If the Secretary has made a preliminary determination under such section 303 [section 1303 of this title], but not a final determination, as to whether a bounty or grant is being paid or bestowed, he shall terminate the investigation under such section 303 [section 1303 of this title] and the matter previously under investigation shall be subject to the provisions of title VII of that Act [this subtitle] as if the preliminary determination under section 303 [section 1303 of this title] were a preliminary determination under section 703 of that title [section 1671b of this title] made on the

of the application of that title [this subtitle] to such country. “(b) Pending Investigations of Less-Than-Fair-Value Sales.—If, on the

of title VII of the Tariff Act of 1930 [see

note set out above], there is an investigation in progress under the Antidumping Act, 1921 [sections 160 to 171 of this title], as to whether imports from a country are being, or are likely to be, sold in the United States or elsewhere at less than fair value, then:“(1) If the Secretary has not yet made a preliminary determination under the Antidumping Act, 1921 [sections 160 to 171 of this title], as to the question of less-than-fair-value sales, he shall terminate the investigation and the United States International Trade Commission shall terminate any investigation under section 201(c)(2) of the Antidumping Act, 1921 [section 160(c)(2) of this title], and the matter previously under investigation shall be subject to the provisions of title VII of the Tariff Act of 1930 [this subtitle] as if the affirmative determination called for in section 732 [section 1673a of this title] were made with respect to such matter on the

of title VII of the Tariff Act of 1930. “(2) If the Secretary has made under the Antidumping Act, 1921 [sections 160 to 171 of this title], a preliminary determination, but not a final determination, that imports from such country are being or are likely to be sold in the United States or elsewhere at less than fair value, the investigation shall be terminated and the matter previously under investigation shall be subject to the provisions of title VII of the Tariff Act of 1930 [this subtitle] as if the preliminary determination under the Antidumping Act, 1921 [sections 160 to 171 of this title], were a preliminary determination under section 733 of that title [section 1673b of this title] made on the

of title VII of the Tariff Act of 1930 [see

note set out above]. “(c) Pending Investigations of Injury.—If, on the

of the application of title VII of the Tariff Act of 1930 [see

of title VII of the Tariff Act of 1930 [see

note set out above] shall make a determination under paragraph (2) of this subsection. “(2) Determination by the commission.—In a case described in paragraph (1) with respect to which it has received a request for review, the Commission shall commence an investigation to determine whether—“(A) an industry in the United States—“(i) would be materially injured, or “(ii) would be threatened with material injury, or “(B) the establishment of an industry in the United States would be materially retarded, by reason of imports of the merchandise covered by the countervailing duty order if the order were to be revoked. A negative determination by the Commission under this paragraph shall not be based, in whole or in part, on any export taxes, duties, or other charges levied on the export of merchandise to the United States specifically intended to offset the subsidy received. “(3) Suspension of liquidation; investigation time limits.—Whenever the Commission receives a request under paragraph (1), it shall promptly notify the administering authority and the administering authority shall suspend liquidation of entries of the affected merchandise made on or after the date of receipt of the Commission’s notification, or in the case of butter from Australia, entries of merchandise subject to the assessment of countervailing duties under Treasury Decision 42937, as amended, and collect estimated countervailing duties pending the determination of the Commission. The Commission shall issue its determination in any investigation under this subsection not later than 3 years after the date of commencement of such investigation. “(4) Effect of determination.—“(A) Affirmative determination.—Upon being notified of an affirmative determination under paragraph (2) by the Commission, the administering authority shall liquidate entries of merchandise the liquidation of which was suspended under paragraph (3) of this subsection and impose countervailing duties in the amount of the estimated duties required to be deposited. The countervailing duty order shall remain in effect until revoked, in whole or in part, under section 751(c) of the Tariff Act of 1930 [section 1675(c) of this title]. “(B) Negative determination.—Upon being notified of a negative determination under paragraph (2) by the Commission, the administering authority shall revoke the countervailing duty order then in effect, publish notice thereof in the Federal Register, and refund, without payment of interest, any estimated countervailing duties collected during the period of suspension of liquidation. “(c) All Outstanding Countervailing Duty Orders.—Subject to the provisions of subsections (a) and (b), any countervailing duty order issued under section 303 of the Tariff Act of 1930 [section 1303 of this title] which is—“(1) in effect on the

of title VII of the Tariff Act of 1930 [see

note set out above] (as added by section 101 of this Act), or “(2) issued pursuant to court order in a proceeding brought before that date under section 516(d) of the Tariff Act of 1930 [section 1516(d) of this title], shall remain in effect after that date and shall be subject to review under section 751 of the Tariff Act of 1930 [section 1675 of this title]. “(d) Publication of Notice of Determinations.—Whenever the Commission makes a determination under subsection (a) or (b), it shall publish notice of that determination in the Federal Register and notify the administering authority of its determination. “(e) Definitions.—Whenever any term which is defined in section 771 of the Tariff Act of 1930 [section 1677 of this title] is used in this section, it has the same meaning as when it is used in title VII of that Act [this subtitle].”

Delegation of Functions Functions of President under subsec. (b) of this section delegated to United States Trade Representative, see section 1–103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title.