19 U.S.C. § 4361: Definitions

Summary

Defines key words used in this part. Appropriate congressional committees means the Senate Finance Committee and Senate Appropriations Committee, and the House Ways and Means Committee and House Appropriations Committee. Covered merchandise means goods that are under a countervailing duty order (section 706, 19 U.S.C. 1671e) or an antidumping duty order (section 736, 19 U.S.C. 1673e). Eligible small business means a company the Commissioner finds too small to have the money or staff to hire outside help to file evasion claims; that finding cannot be reviewed by another agency or by a court. Enter/entry means bringing goods into U.S. customs territory for consumption, including withdrawal from a warehouse. Evade/evasion means using false or missing material information or acts that lead to reduced or unpaid cash deposits, other security, or any applicable antidumping or countervailing duties. Secretary means the Secretary of the Treasury. Trade remedy laws means title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).

Title 19, §4361

Customs Duties, Source: USLM XML via OLRC

In this subchapter:

(1)Appropriate congressional committees

The term “appropriate congressional committees” means—

(A)the Committee on Finance and the Committee on Appropriations of the Senate; and

(B)the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.

(2)Covered merchandise

The term “covered merchandise” means merchandise that is subject to—

(A)a countervailing duty order issued under section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or

(B)an antidumping duty order issued under section 736 of the Tariff Act of 1930 (19 U.S.C. 1673e).

(3)Eligible small business

(A)In general

The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.

(B)Nonreviewability

Any agency decision regarding whether a business concern is an eligible small business for purposes of section 4371(b)(4)(E) of this title is not reviewable by any other agency or by any court.

(4)Enter; entry

The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.

(5)Evade; evasion

The terms “evade” and “evasion” refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.

(6)Secretary

The term “Secretary” means the Secretary of the Treasury.

(7)Trade remedy laws

The term “trade remedy laws” means title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).

Notes & Related Subsidiaries

Editorial Notes

References in Text

This subchapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 155, which is classified principally to this subchapter. For complete classification of title IV to the Code, see section 401 of Pub. L. 114–125, set out as a

Short Title

note under section 4301 of this title and Tables. The Tariff Act of 1930, referred to in par. (7), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.

§4361 Definitions