PRIA, Government Policy, Made Personal

Summary

When an estimated countervailing duty deposit or bond is different from the final duty in a countervailing duty order, the result depends on whether the goods were entered or withdrawn for consumption before or after the Commission’s affirmative notice under section 1671d(b). For entries before that notice (deposits under section 1671b(d)(1)(B)): if the deposit or security is less than the final duty, the shortfall is not collected; if it is more, the excess is refunded or the security released. For entries after that notice (deposits under section 1671e(a)(3)): if the deposit is less, the difference is collected; if it is more, the excess is refunded with interest under section 1677g.

Title 19, §1671f

Customs Duties, Source: USLM XML via OLRC

(a)Deposit of estimated countervailing duty under section 1671b(d)(1)(B) of this title

If the amount of a cash deposit, or the amount of any bond or other security, required as security for an estimated countervailing duty under section 1671b(d)(1)(B) of this title is different from the amount of the countervailing duty determined under a countervailing duty order issued under section 1671e of this title, then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption before notice of the affirmative determination of the Commission under section 1671d(b) of this title is published shall be—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 countervailing duty under section 1671e(a)(3) of this title

If the amount of an estimated countervailing duty deposited under section 1671e(a)(3) of this title is different from the amount of the countervailing duty determined under a countervailing duty order issued under section 1671e of this title, then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption after notice of the affirmative determination of the Commission under section 1671d(b) of this title is published shall be—

(1)collected, to the extent that the deposit under section 1671e(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 1671e(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.

Notes & Related Subsidiaries

Editorial Notes

Amendments

1994—Subsec. (a). Pub. L. 103–465 substituted “1671b(d)(1)(B)” for “1671b(d)(2)” in heading and text.

Statutory Notes and Related Subsidiaries

Effective Date

of 1994 AmendmentAmendment 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 investigations, reviews, and inquiries initiated and petitions 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.

§1671f Treatment of Difference Between Deposit of Estimated Countervailing Duty and Final Assessed Duty Under Countervailing Duty Order