19 U.S.C. § 1673 | Antidumping duties imposed

If—

(1)

the administering authority determines that a class or kind of foreign merchandise is being, or is likely to be, sold in the United States at less than its fair value, and

(2)

the Commission determines that—

(A)

an industry in the United States—

(i)

is materially injured, or

(ii)

is threatened with material injury, or

(B)

the establishment of an industry in the United States is materially retarded,

by reason of imports of that merchandise or by reason of sales (or the likelihood of sales) of that merchandise for importation,

section 1673d(b)(1) of this titlethen there shall be imposed upon such merchandise an antidumping duty, in addition to any other duty imposed, in an amount equal to the amount by which the normal value exceeds the export price (or the constructed export price) for the merchandise. For purposes of this section and , a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.

June 17, 1930, ch. 497 Pub. L. 96–39, title I, § 101July 26, 197993 Stat. 162 Pub. L. 98–573, title VI, § 602(b)Oct. 30, 198498 Stat. 3024 Pub. L. 103–465, title II, § 233(a)(1)(A)Dec. 8, 1994108 Stat. 4898(, title VII, § 731, as added , , ; amended , , ; , (2)(A)(i), , .)

Editorial Notes

Amendments

Pub. L. 103–4651994— substituted “normal value exceeds the export price (or the constructed export price)” for “foreign market value exceeds the United States price” in concluding provisions.

Pub. L. 98–573 section 1673d(b)(1) of this title1984— inserted “or by reason of sales (or the likelihood of sales) of that merchandise for importation” after “by reason of imports of that merchandise” in par. (2), and inserted sentence at end providing that for purposes of this section and , a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement regarding the merchandise that is equivalent to the sale of the merchandise.

Statutory Notes and Related Subsidiaries

Effective Date of 1994 Amendment

Pub. L. 103–465Jan. 1, 1995section 291 of Pub. L. 103–465 section 1671 of this titleAmendment by effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of this chapter after such date, see , set out as a note under .

Effective Date of 1984 Amendment

Pub. L. 98–573 section 1675 of this titleOct. 30, 1984section 626(b)(1) of Pub. L. 98–573 section 1671 of this titleAmendment by applicable with respect to investigations initiated by petition or by the administering authority under parts I and II of this subtitle, and to reviews begun under , on or after , see , as amended, set out as a note under .

Effective Date

Jan. 1, 1980section 107 of Pub. L. 96–39 section 1671 of this titlePart effective , see , set out as a note under .