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19 U.S.C. § 4361 — Definitions

submitted 10 years ago by Pub. L. 114-125 to r/title-19-CUSTOMS-DUTIES · 324 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section defines the congressional committees, merchandise, businesses, entries, evasion, Secretary, and trade-remedy laws used in this subchapter.

In this subchapter: (1) “Appropriate congressional committees” means the Senate Finance and Appropriations Committees and the House Ways and Means and Appropriations Committees. (2) “Covered merchandise” means merchandise subject to a countervailing-duty order under 19 U.S.C. 1671e or an antidumping-duty order under 19 U.S.C. 1673e. (3) “Eligible small business” means a business that, in the Commissioner's judgment, because of its small size lacks both adequate internal resources and financial ability to obtain qualified outside help preparing and submitting an evasion allegation. An agency decision about this status for section 4371(b)(4)(E) cannot be reviewed by another agency or court. (4) “Enter” and “entry” mean entry, or withdrawal from a warehouse for consumption, of merchandise into the United States customs territory. (5) “Evade” and “evasion” mean entering covered merchandise using a material and false document, electronic data, written or oral statement, or act, or a material omission, that reduces or avoids a cash deposit, other security, or applicable antidumping or countervailing duties. (6) “Secretary” means the Treasury Secretary. (7) “Trade remedy laws” means title VII of the Tariff Act of 1930.

the actual law source: uscode.house.gov ↗public domain

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.).

Source credit: (Pub. L. 114–125, title IV, § 402, Feb. 24, 2016, 130 Stat. 155.)

history & why it existsrecord from the source credit
  • 2016Enacted · Pub. L. 114-125 · 130 Stat. 155

A history note hasn’t been published yet. The record shows enactment by Pub. L. 114-125 on 2016-02-24.

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