19 U.S.C. § 1671e — Assessment of duty
submitted 96 years ago by Pub. L. 96-39 to r/title-19-CUSTOMS-DUTIES · 531 words · no verdicts yet
When both the administering authority and the Commission make the required affirmative determinations, the administering authority must publish a countervailing-duty order. The order sets assessment and deposit rules, including separate assessment deadlines, and has special rules for threats, regional industries, and new exporters.
(a) Within 7 days after the Commission gives notice of an affirmative decision under section 1671d(b), the administering authority must publish a countervailing-duty order that—
(1) directs customs officers to assess a duty equal to the amount of the net countervailable subsidy found or estimated to exist. The authority must assess it within 6 months after receiving satisfactory information on which the assessment may be based. In no event may it assess the duty later than 12 months after the end of the manufacturer's or exporter's annual accounting period in which the merchandise is entered, or withdrawn from a warehouse, for consumption. If the merchandise was not sold before importation, the latest permissible assessment date is 12 months after the end of the manufacturer's or exporter's annual accounting period in which the merchandise is sold in the United States to a person other than the exporter;
(2) includes a description of the subject merchandise in as much detail as the administering authority considers necessary; and
(3) requires estimated countervailing duties to be deposited while entries await liquidation, at the same time that estimated normal customs duties on that merchandise are deposited.
(b) Imposition of duties. (1) General rule. If the Commission's final determination under section 1671d(b) finds material injury, or finds a threat of material injury that would have led to a finding of material injury but for the suspension of liquidation under section 1671b(d)(2), entries of merchandise subject to the countervailing-duty order whose liquidation was suspended under section 1671b(d)(2) are subject to countervailing duties under section 1671(a).
(2) Special rule. If the Commission's final determination under section 1671d(b) finds a threat of material injury other than the threat described in paragraph (1), or finds that establishing a United States industry was materially retarded, merchandise subject to the countervailing-duty order that is entered, or withdrawn from a warehouse, for consumption on or after publication of notice of the Commission's affirmative determination under section 1671d(b) is subject to countervailing duties under section 1671(a). The administering authority must release any bond or other security and refund any cash deposit securing countervailing duties for merchandise entered, or withdrawn from a warehouse, for consumption before that date.
(c) Special rule for regional industries. (1) In general. In an investigation in which the Commission makes a regional-industry determination under section 1677(4)(C), the administering authority must, to the maximum extent possible, direct that duties be assessed only on subject merchandise of the specific exporters or producers that exported the subject merchandise for sale in the region concerned during the period of investigation.
(2) Exception for new exporters and producers. After the countervailing-duty order is published, if the administering authority finds that a new exporter or producer is exporting subject merchandise for sale in the region concerned, it must direct that duties be assessed on that new exporter's or producer's subject merchandise consistently with section 1675(a)(2)(B).
Within 7 days after being notified by the Commission of an affirmative determination under section 1671d(b) of this title, the administering authority shall publish a countervailing duty order which—
directs customs officers to assess a countervailing duty equal to the amount of the net countervailable subsidy determined or estimated to exist, within 6 months after the date on which the administering authority receives satisfactory information upon which the assessment may be based, but in no event later than 12 months after the end of the annual accounting period of the manufacturer or exporter within which the merchandise is entered, or withdrawn from warehouse, for consumption,
includes a description of the subject merchandise, in such detail as the administering authority deems necessary, and
requires the deposit of estimated countervailing duties pending liquidation of entries of merchandise at the same time as estimated normal customs duties on that merchandise are deposited.
If the Commission, in its final determination under section 1671d(b) of this title, finds material injury or threat of material injury which, but for the suspension of liquidation under section 1671b(d)(2) of this title, would have led to a finding of material injury, then entries of the merchandise subject to the countervailing duty order, the liquidation of which has been suspended under section 1671b(d)(2) of this title, shall be subject to the imposition of countervailing duties under section 1671(a) of this title.
If the Commission, in its final determination under section 1671d(b) of this title, finds threat of material injury, other than threat of material injury described in paragraph (1), or material retardation of the establishment of an industry in the United States, then merchandise subject to a countervailing duty order which is entered, or withdrawn from warehouse, for consumption on or after the date of publication of notice of an affirmative determination of the Commission under section 1671d(b) of this title shall be subject to the imposition of countervailing duties under section 1671(a) of this title, and the administering authority shall release any bond or other security, and refund any cash deposit made, to secure the payment of countervailing duties with respect to entries of the merchandise entered, or withdrawn from warehouse, for consumption before that date.
In an investigation under this part in which the Commission makes a regional industry determination under section 1677(4)(C) of this title, the administering authority shall, to the maximum extent possible, direct that duties be assessed only on the subject merchandise of the specific exporters or producers that exported the subject merchandise for sale in the region concerned during the period of investigation.
After publication of the countervailing duty order, if the administering authority finds that a new exporter or producer is exporting the subject merchandise for sale in the region concerned, the administering authority shall direct that duties be assessed on the subject merchandise of the new exporter or producer consistent with the provisions of section 1675(a)(2)(B) of this title.
Source credit: (June 17, 1930, ch. 497, title VII, § 706, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 160; amended Pub. L. 98–573, title VI, § 607, Oct. 30, 1984, 98 Stat. 3029; Pub. L. 99–514, title XVIII, § 1886(a)(5), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 103–465, title II, §§ 218(b)(1), 233(a)(5)(O), 264(c)(9), 265, 270(a)(1)(H), Dec. 8, 1994, 108 Stat. 4855, 4899, 4914, 4917.)
- 1930Enacted · Pub. L. 96-39 · 93 Stat. 160
- 1984Amended · Pub. L. 98-573 · 98 Stat. 3029
- 1986Amended · Pub. L. 99-514 · 100 Stat. 2922
- 1994Amended · Pub. L. 103-465 · 108 Stat. 4855, 4899, 4914, 4917
A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-39 on 1930-06-17.
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