19 U.S.C. § 1683 — Definitions

(1) “Appropriate congressional committees” means the Senate Finance Committee and House Ways and Means Committee. (2) “Country of export” means the country, including a political subdivision, from which the lumber is exported before entering the United States. (3) “Customs laws of the United States” means laws and regulations enforced or administered by U.S. Customs and Border Protection. (4) “Export charges” means a tax, charge, or fee collected by the exporting country under an international agreement with the United States. (5) “Export price” is: (i) for lumber receiving only primary processing, the value determined F.O.B. at the facility where the last primary processing occurred; (ii) for lumber last remanufactured by a manufacturer without export-country tenure rights, without timber bought directly from that country, and unrelated to the holder or buyer, the F.O.B. value at the last primary-processing facility; or (iii) for lumber last remanufactured by a manufacturer that holds those tenure rights, bought standing timber directly from the country, or is related to such a holder or buyer, the F.O.B. value at the last-processing facility. “Related” means a relationship under section 152(a) of title 26; a section 267(b) relationship using 5 percent instead of 50 percent; membership in a controlled group under section 1563(a), using 5 percent instead of 80 percent; being an officer or director; or being an employer. “Tenure rights” means rights granted by the exporting country to harvest timber from public land. If F.O.B. value cannot be determined, export price is the market price for identical lumber sold at arm’s length in the exporting country at about the same time, using this preference: same trade level in different quantities, different trade level in similar quantities, then different trade level and quantities. “Level of trade” is determined as in 19 C.F.R. 351.412(c), as effective January 1, 2008. (6) “F.O.B.” includes all purchaser-payable charges, including putting merchandise on a conveyance, but excludes actual shipping charges and export charges. (7) “HTS” means the Harmonized Tariff Schedule of the United States as effective January 1, 2008. (8) “Person” includes an individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to U.S. jurisdiction. (9) “United States” means the U.S. customs territory defined in HTS General Note 2.