[§1303. Repealed. Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908 — repealed] — Inbound Citations
19 U.S.C. § 1303
Cited by 23 provisions in release 119-102.
Citations to 19 U.S.C. § 1303 as a whole
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44 F.R. 69273, 93 Stat. 1381, as amended Pub. L. 97–195, § 1(c)(6), June 16, 1982, 96 Stat. 115; Pub. L. 97–377, title I, § 122, Dec. 21, 1982, 96 Stat. 1913; Pub. L. 117–328, div. BB, title VI, § 604, Dec. 29, 2022, 136 Stat. 5566
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(d) No administrative ruling resulting in the imposition of a higher rate of duty or charge than the Secretary of the Treasury shall find to have been applicable to imported merchandise under an established and uniform practice shall be effective with respect to articles entered for consumption or withdrawn from warehouse for consumption prior to the expiration of thirty days after the date of publication in the Federal Register of notice of such ruling; but this provision shall not apply with respect to the imposition of antidumping duties, or the imposition of countervailing duties under section 1303 of this title (as in effect on the day before the effective date of title II of the Uruguay Round Agreements Act) or section 1671 of this title. This subsection shall not apply with respect to increases in rates of duty resulting from the enactment of the Harmonized Tariff Schedule of the United States to replace the Tariff Schedules of the United States.
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(b) With respect to determinations made under section 13031 of this title or subtitle IV of this chapter which are reviewable under section 1516a of this title, determinations of the Customs Service are final and conclusive upon all persons (including the United States and any officer thereof) unless a civil action contesting a determination listed in section 1516a of this title is commenced in the United States Court of International Trade, or review by a binational panel of a determination to which section 1516a(g)(2) of this title applies is commenced pursuant to section 1516a(g) of this title.
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(d) Any interested party who was a party to the proceeding under section 13032 of this title or subtitle IV of this chapter shall have the right to appear and be heard as a party in interest before the United States Court of International Trade. The party filing the action shall notify all such interested parties of the filing of an action under this section, in the form, manner, style, and within the time prescribed by rules of the court.
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(1) At least once during each 12-month period beginning on the anniversary of the date of publication of a countervailing duty order under this subtitle or under section 13031 of this title, an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or a notice of the suspension of an investigation, the administering authority, if a request for such a review has been received and after publication of notice of such review in the Federal Register, shall—(A) review and determine the amount of any net countervailable subsidy,(B) review, and determine (in accordance with paragraph (2)), the amount of any antidumping duty, and(C) review the current status of, and compliance with, any agreement by reason of which an investigation was suspended, and review the amount of any net countervailable subsidy or dumping margin involved in the agreement,and shall publish in the Federal Register the results of such review, together with notice of any duty to be assessed, estimated duty to be deposited, or investigation to be resumed.
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(A) a final affirmative determination that resulted in an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or in a countervailing duty order under this subtitle or section 13031 of this title,
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(A) a countervailing duty order (other than a countervailing duty order to which subparagraph (B) applies or which was issued without an affirmative determination of injury by the Commission under section 13031 of this title), an antidumping duty order, or a notice of suspension of an investigation, described in subsection (a)(1),
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(i) a countervailing duty order under this subtitle or under section 13031 of this title,
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(2) A countervailing duty order described in this paragraph is an order issued under section 13031 of this title or section 1671(c) of this title with respect to which the requirement of an affirmative determination of material injury was not applicable at the time such order was issued.
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(c) If, on the date on which a country becomes a Subsidies Agreement country, there is a countervailing duty investigation in progress or suspended under section 13031 of this title or section 1671(c) of this title that applies to merchandise which is a product of that country and with respect to which the requirement of an affirmative determination of material injury was not applicable at the time the investigation was initiated, the Commission shall—(1) in the case of an investigation in progress, make a final determination under section 1671d(b) of this title within 75 days after the date of an affirmative final determination, if any, by the administering authority,(2) in the case of a suspended investigation to which section 1671c(i)(1)(B) of this title applies, make a final determination under section 1671d(b) of this title within 120 days after receiving notice from the administering authority of the resumption of the investigation pursuant to section 1671c(i) of this title, or within 45 days after the date of an affirmative final determination, if any, by the administering authority, whichever is later, or(3) in the case of a suspended investigation to which section 1671c(i)(1)(C) of this title applies, treat the countervailing duty order issued pursuant to such section as if it were—(A) an order issued under subsection (a)(1)(B)(ii) for purposes of subsection (a)(3); and(B) an order issued under subsection (a)(1)(B)(i) for purposes of subsection (a)(4).
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(A) Except as otherwise provided by this paragraph, merchandise imported by, or for the use of, a department or agency of the United States Government (including merchandise provided for under chapter 98 of the Harmonized Tariff Schedule of the United States) is subject to the imposition of countervailing duties or antidumping duties under this subtitle or section 1303 of this title.
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(25) The term “subject merchandise” means the class or kind of merchandise that is within the scope of an investigation, a review, a suspension agreement, an order under this subtitle or section 1303 of this title, or a finding under the Antidumping Act, 1921.
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(26) The terms “section 1303” and “1303” mean section 1303 of this title as in effect on the day before the effective date of title II of the Uruguay Round Agreements Act.
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(1) the date of publication of a countervailing or antidumping duty order under this subtitle or section 13031 of this title, or
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(ii) merchandise related to the component part and manufactured in the same foreign country in which the component part is manufactured has been the subject of a significant number of investigations suspended under section 1671c or 1673c of this title or countervailing or antidumping duty orders issued under this subtitle or section 13031 of this title, or
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(iii) merchandise manufactured or exported by the manufacturer or exporter of the component part that is similar in description and use to the component part has been the subject of at least 2 investigations suspended under section 1671c or 1673c of this title or countervailing or antidumping duty orders issued under this subtitle or section 13031 of this title.
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(i) a countervailing or antidumping duty order issued under this subtitle or section 13031 of this title that requires the deposit of estimated countervailing or antidumping duties imposed at a rate of at least 15 percent ad valorem, or
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(ii) an agreement entered into under section 1671c, 1673c, or 13031 of this title after a preliminary affirmative determination under section 1671b(b), 1673b(b)(1), or 13031 of this title was made by the administering authority which included a determination that the estimated net countervailable subsidy was at least 15 percent ad valorem or that the estimated average amount by which the normal value exceeded the export price (or the constructed export price) was at least 15 percent ad valorem, and
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(iii) a countervailing duty order issued under section 1671e of this title or section 13031 of this title,
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(iii) a countervailing duty order issued under section 1671e of this title or section 13031 of this title,
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(D) a countervailing duty order issued under section 1671e of this title or section 13031 of this title,
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(1) For purposes of determining whether merchandise developed after an investigation is initiated under this subtitle or section 13031 of this title (hereafter in this paragraph referred to as the “later-developed merchandise”) is within the scope of an outstanding antidumping or countervailing duty order issued under this subtitle or section 13031 of this title as a result of such investigation, the administering authority shall consider whether—(A) the later-developed merchandise has the same general physical characteristics as the merchandise with respect to which the order was originally issued (hereafter in this paragraph referred to as the “earlier product”),(B) the expectations of the ultimate purchasers of the later-developed merchandise are the same as for the earlier product,(C) the ultimate use of the earlier product and the later-developed merchandise are the same,(D) the later-developed merchandise is sold through the same channels of trade as the earlier product, and(E) the later-developed merchandise is advertised and displayed in a manner similar to the earlier product.The administering authority shall take into account any advice provided by the Commission under subsection (e) before making a determination under this subparagraph.
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(ii) 15 percent of amount of any direct payments made to the producer under sections 1103 and 13033 of the Food, Conservation, and Energy Act of 2008 [7 U.S.C. 8713, 8753] or successor sections;