19 U.S.C. § 1673g | Conditional payment of antidumping duty

(a)

General rule

For all entries, or withdrawals from warehouse, for consumption of merchandise subject to an antidumping duty order on or after the date of publication of such order, no customs officer may deliver merchandise of that class or kind to the person by whom or for whose account it was imported unless that person complies with the requirements of subsection (b) and deposits with the appropriate customs officer an estimated antidumping duty in an amount determined by the administering authority.

(b)

Importer requirements

In order to meet the requirements of this subsection, a person shall—

(1)

furnish, or arrange to have furnished, to the appropriate customs officer such information as the administering authority deems necessary for determining the export price (or the constructed export price) of the merchandise imported by or for the account of that person, and such other information as the administering authority deems necessary for ascertaining any antidumping duty to be imposed under this subtitle;

(2)

maintain and furnish to the customs officer such records concerning the sale of the merchandise as the administering authority, by regulation, requires;

(3)

state under oath before the customs officer that he is not an exporter, or if he is an exporter, declare under oath at the time of entry the constructed export price of the merchandise to the customs officer if it is then known, or, if not, so declare within 30 days after the merchandise has been sold, or has been made the subject of an agreement to be sold, in the United States; and

(4)

section 1673 of this title pay, or agree to pay on demand, to the customs officer the amount of antidumping duty imposed under on that merchandise.

June 17, 1930, ch. 497 Pub. L. 96–39, title I, § 101July 26, 197993 Stat. 174 Pub. L. 103–465, title II, § 233(a)(2)(A)(iv)Dec. 8, 1994108 Stat. 4898(, title VII, § 738, as added , , ; amended , (B), , .)

Editorial Notes

Amendments

Pub. L. 103–465, § 233(a)(2)(A)(iv)1994—Subsec. (b)(1). , substituted “export price (or the constructed export price)” for “United States price”.

Pub. L. 103–465, § 233(a)(2)(B)Subsec. (b)(3). , substituted “constructed export price” for “exporter’s sales price”.

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 .