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

Page 350 TITLE 19—CUSTOMS DUTIES § 1673 (3) pay, or agree to pay on demand, to the customs officer the amount of countervailing duty imposed under this part on that mer- chandise. (June 17, 1930, ch. 497, title VII, § 709, as added Pub. L. 98–573, title VI, § 608, Oct. 30, 1984, 98 Stat. 3029.) Editorial Notes Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Oct. 30, 1984, see section 626(a) of Pub. L. 98–573, set out as an Effective Date of 1984 Amendment note under section 1671 of this title. PART II—IMPOSITION OF ANTIDUMPING DUTIES Editorial Notes CODIFICATION The designation ‘‘PART II’’ was in the original ‘‘Sub- title B’’ and was editorially changed in order to con- form the numbering format of this subtitle to the us- ages employed in the codification of the remainder of the Tariff Act of 1930 as originally enacted. § 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, then there shall be imposed upon such merchan- dise 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 section 1673d(b)(1) of this title, a reference to the sale of foreign merchandise includes the entering into of any leasing arrangement re- garding the merchandise that is equivalent to the sale of the merchandise. (June 17, 1930, ch. 497, title VII, § 731, as added Pub. L. 96–39, title I, § 101, July 26, 1979, 93 Stat. 162; amended Pub. L. 98–573, title VI, § 602(b), Oct. 30, 1984, 98 Stat. 3024; Pub. L. 103–465, title II, § 233(a)(1)(A), (2)(A)(i), Dec. 8, 1994, 108 Stat. 4898.) Editorial Notes AMENDMENTS 1994—Pub. L. 103–465 substituted ‘‘normal value ex- ceeds the export price (or the constructed export price)’’ for ‘‘foreign market value exceeds the United States price’’ in concluding provisions. 1984—Pub. L. 98–573 inserted ‘‘or by reason of sales (or the likelihood of sales) of that merchandise for impor- tation’’ after ‘‘by reason of imports of that merchan- dise’’ in par. (2), and inserted sentence at end providing that for purposes of this section and section 1673d(b)(1) of this title, a reference to the sale of foreign merchan- dise includes the entering into of any leasing arrange- ment regarding the merchandise that is equivalent to the sale of the merchandise. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1994 AMENDMENT Amendment by Pub. L. 103–465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to in- vestigations, reviews, and inquiries initiated and peti- tions filed under specified provisions of this chapter after such date, see section 291 of Pub. L. 103–465, set out as a note under section 1671 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–573 applicable with respect to investigations initiated by petition or by the admin- istering authority under parts I and II of this subtitle, and to reviews begun under section 1675 of this title, on or after Oct. 30, 1984, see section 626(b)(1) of Pub. L. 98–573, as amended, set out as a note under section 1671 of this title. EFFECTIVE DATE Part effective Jan. 1, 1980, see section 107 of Pub. L. 96–39, set out as a note under section 1671 of this title. § 1673a. Procedures for initiating an anti- dumping duty investigation (a) Initiation by administering authority (1) In general An antidumping duty investigation shall be initiated whenever the administering author- ity determines, from information available to it, that a formal investigation is warranted into the question of whether the elements nec- essary for the imposition of a duty under sec- tion 1673 of this title exist. (2) Cases involving persistent dumping (A) Monitoring The administering authority may estab- lish a monitoring program with respect to imports of a class or kind of merchandise from any additional supplier country for a period not to exceed one year if— (i) more than one antidumping order is in effect with respect to that class or kind of merchandise; (ii) in the judgment of the administering authority there is reason to believe or sus- pect an extraordinary pattern of persistent injurious dumping from one or more addi- tional supplier countries; and (iii) in the judgment of the admin- istering authority this extraordinary pat- tern is causing a serious commercial prob- lem for the domestic industry. (B) Initiation of investigation If during the period of monitoring referred to in subparagraph (A), the administering authority determines that there is sufficient information to initiate a formal investiga- tion under this subsection regarding an addi- tional supplier country, the administering authority shall immediately initiate such an investigation.