PRIA, Government Policy, Made Personal

Summary

Customs cannot release imported goods that are covered by an antidumping duty order on or after the date that order is published unless the importer follows the rules below and first deposits an estimated antidumping duty set by the agency that enforces the order. The importer must give customs the information the agency needs to figure the export price and any duty, keep and provide sales records the agency’s rules require, and swear they are not the exporter—or if they are the exporter, state the constructed export price under oath at entry if known, or within 30 days after the goods are sold or agreed to be sold in the United States. The importer must also pay, or agree to pay on demand, the antidumping duty owed.

Title 19, §1673g

Customs Duties, Source: USLM XML via OLRC

(a)General rule

For all entries, or withdrawals from warehouse, for consumption of merchandise subject to an antidumping duty order on or after the date of publication of such order, no customs officer may deliver merchandise of that class or kind to the person by whom or for whose account it was imported unless that person complies with the requirements of subsection (b) and deposits with the appropriate customs officer an estimated antidumping duty in an amount determined by the administering authority.

(b)Importer requirements

In order to meet the requirements of this subsection, a person shall—

(1)furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for determining the export price (or the constructed export price) of the merchandise imported by or for the account of that person, and such other information as the administering authority deems necessary for ascertaining any antidumping duty to be imposed under this subtitle;

(2)maintain and furnish to the customs officer such records concerning the sale of the merchandise as the administering authority, by regulation, requires;

(3)state under oath before the customs officer that he is not an exporter, or if he is an exporter, declare under oath at the time of entry the constructed export price of the merchandise 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.

Notes & Related Subsidiaries

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), substituted “constructed export price” for “exporter’s sales price”.

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.

§1673g Conditional Payment of Antidumping Duty