§1671f — Title 19 Customs Duties | U.S. Code

Summary

When the money held as security for an estimated countervailing duty (a cash deposit, bond, or other guarantee) does not equal the final duty set by the countervailing duty order, what happens depends on when the goods entered. For goods entered before the Commission’s affirmative decision is published, any shortfall in the security is ignored and any excess is refunded or released. For goods entered after that notice is published, any shortfall is collected and any excess is refunded.

Title 19, §1671f

Customs Duties — Source: USLM XML via OLRC

(a)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duty order issued under section 1671e of this title, then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption before notice of the affirmative determination of the Commission under section 1671d(b) of this title is published shall be—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)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duty order issued under section 1671e of this title, then the difference for entries of merchandise entered, or withdrawn from warehouse, for consumption after notice of the affirmative determination of the Commission under section 1671d(b) of this title is published shall be—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,

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