                        TITLE 19--CUSTOMS DUTIES
 
                      CHAPTER 4--TARIFF ACT OF 1930
 
           SUBTITLE IV--COUNTERVAILING AND ANTIDUMPING DUTIES
 
                Part II--Imposition of Antidumping Duties
 
Sec. 1673e. Assessment of duty


(a) Publication of antidumping duty order

    Within 7 days after being notified by the Commission of an 
affirmative determination under section 1673d(b) of this title, the 
administering authority shall publish an antidumping duty order which--
        (1) directs customs officers to assess an antidumping duty equal 
    to the amount by which the normal value of the merchandise exceeds 
    the export price (or the constructed export price) of the 
    merchandise, within 6 months after the date on which the 
    administering authority receives satisfactory information upon which 
    the assessment may be based, but in no event later than--
            (A) 12 months after the end of the annual accounting period 
        of the manufacturer or exporter within which the merchandise is 
        entered, or withdrawn from warehouse, for consumption, or
            (B) in the case of merchandise not sold prior to its 
        importation into the United States, 12 months after the end of 
        the annual accounting period of the manufacturer or exporter 
        within which it is sold in the United States to a person who is 
        not the exporter of that merchandise,

        (2) includes a description of the subject merchandise, in such 
    detail as the administering authority deems necessary, and
        (3) requires the deposit of estimated antidumping duties pending 
    liquidation of entries of merchandise at the same time as estimated 
    normal customs duties on that merchandise are deposited.

(b) Imposition of duty

                          (1) General rule

        If the Commission, in its final determination under section 
    1673d(b) of this title, finds material injury or threat of material 
    injury which, but for the suspension of liquidation under section 
    1673b(d)(2) of this title would have led to a finding of material 
    injury, then entries of the subject merchandise, the liquidation of 
    which has been suspended under section 1673b(d)(2) of this title, 
    shall be subject to the imposition of antidumping duties under 
    section 1673 of this title.

                          (2) Special rule

        If the Commission, in its final determination under section 
    1673d(b) of this title, finds threat of material injury, other than 
    threat of material injury described in paragraph (1), or material 
    retardation of the establishment of an industry in the United 
    States, then subject merchandise which is entered, or withdrawn from 
    warehouse, for consumption on or after the date of publication of 
    notice of an affirmative determination of the Commission under 
    section 1673d(b) of this title shall be subject to the assessment of 
    antidumping duties under section 1673 of this title, and the 
    administering authority shall release any bond or other security, 
    and refund any cash deposit made, to secure the payment of 
    antidumping duties with respect to entries of the merchandise 
    entered, or withdrawn from warehouse, for consumption before that 
    date.

(c) Security in lieu of estimated duty pending early determination of 
        duty

      (1) Conditions for waiver of deposit of estimated duties

        The administering authority may permit, for not more than 90 
    days after the date of publication of an order under subsection (a) 
    of this section, the posting of a bond or other security in lieu of 
    the deposit of estimated antidumping duties required under 
    subsection (a)(3) of this section if--
            (A) the investigation has not been designated as 
        extraordinarily complicated by reason of--
                (i) the number and complexity of the transactions to be 
            investigated or adjustments to be considered,
                (ii) the novelty of the issues presented, or
                (iii) the number of firms whose activities must be 
            investigated,

            (B) the final determination in the investigation has not 
        been postponed under section 1673d(a)(2)(A) of this title;
            (C) on the basis of information presented to the 
        administering authority by any manufacturer, producer, or 
        exporter in such form and within such time as the administering 
        authority may require, the administering authority is satisfied 
        that a determination will be made, within 90 days after the date 
        of publication of an order under subsection (a) of this section, 
        of the normal value and the export price (or the constructed 
        export price) for all merchandise of such manufacturer, 
        producer, or exporter described in that order which was entered, 
        or withdrawn from warehouse, for consumption on or after the 
        date of publication of--
                (i) an affirmative preliminary determination by the 
            administering authority under section 1673b(b) of this 
            title, or
                (ii) if its determination under section 1673b(b) of this 
            title was negative, an affirmative final determination by 
            the administering authority under section 1673d(a) of this 
            title,

        and before the date of publication of the affirmative final 
        determination by the Commission under section 1673d(b) of this 
        title;
            (D) the party described in subparagraph (C) provides 
        credible evidence that the amount by which the normal value of 
        the merchandise exceeds the export price (or the constructed 
        export price) of the merchandise is significantly less than the 
        amount of such excess specified in the antidumping duty order 
        published under subsection (a) of this section; and
            (E) the data concerning the normal value and the export 
        price (or the constructed export price) apply to sales in the 
        usual commercial quantities and in the ordinary course of trade 
        and the number of such sales are sufficient to form an adequate 
        basis for comparison.

                         (2) Notice; hearing

        If the administering authority permits the posting of a bond or 
    other security in lieu of the deposit of estimated antidumping 
    duties under paragraph (1), it shall--
            (A) publish notice of its action in the Federal Register, 
        and
            (B) upon the request of any interested party, hold a hearing 
        in accordance with section 1677c of this title before 
        determining the normal value and the export price (or the 
        constructed export price) of the merchandise.

         (3) Determinations to be basis of antidumping duty

        The administering authority shall publish notice in the Federal 
    Register of the results of its determination of normal value and 
    export price (or the constructed export price), and that 
    determination shall be the basis for the assessment of antidumping 
    duties on entries of merchandise to which the notice under this 
    subsection applies and also shall be the basis for the deposit of 
    estimated antidumping duties on future entries of merchandise of 
    manufacturers, producers, or exporters described in paragraph (1) to 
    which the order issued under subsection (a) of this section applies.

     (4) Provision of business proprietary information; written 
                                  comments

        Before determining whether to permit the posting of bond or 
    other security under paragraph (1) in lieu of the deposit of 
    estimated antidumping duties, the administering authority shall--
            (A) make all business proprietary information supplied to 
        the administering authority under paragraph (1) available under 
        a protective order in accordance with section 1677f(c) of this 
        title to all interested parties described in subparagraph (C), 
        (D), (E), (F), or (G) of section 1677(9) of this title, and
            (B) afford all interested parties an opportunity to file 
        written comments on whether the posting of bond or other 
        security under paragraph (1) in lieu of the deposit of estimated 
        antidumping duties should be permitted.

(d) Special rule for regional industries

                           (1) In general

        In an investigation in which the Commission makes a regional 
    industry determination under section 1677(4)(C) of this title, the 
    administering authority shall, to the maximum extent possible, 
    direct that duties be assessed only on the subject merchandise of 
    the specific exporters or producers that exported the subject 
    merchandise for sale in the region concerned during the period of 
    investigation.

            (2) Exception for new exporters and producers

        After publication of the antidumping duty order, if the 
    administering authority finds that a new exporter or producer is 
    exporting the subject merchandise for sale in the region concerned, 
    the administering authority shall direct that duties be assessed on 
    the subject merchandise of the new exporter or producer consistent 
    with the provisions of section 1675(a)(2)(B) of this title.

(June 17, 1930, ch. 497, title VII, Sec. 736, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 172; amended Pub. L. 99-514, 
title XVIII, Sec. 1886(a)(7), Oct. 22, 1986, 100 Stat. 2922; Pub. L. 
100-418, title I, Sec. 1325, Aug. 23, 1988, 102 Stat. 1201; Pub. L. 103-
465, title II, Secs. 218(b)(2), 219(c)(9), 233(a)(1)(C), (2)(A)(iii), 
(5)(W)-(Y), Dec. 8, 1994, 108 Stat. 4855, 4857, 4898, 4900.)


                               Amendments

    1994--Subsec. (a)(1). Pub. L. 103-465, Sec. 233(a)(1)(C), 
(2)(A)(iii), substituted ``normal value'' for ``foreign market value'' 
and ``export price (or the constructed export price)'' for ``United 
States price''.
    Subsec. (a)(2). Pub. L. 103-465, Sec. 233(a)(5)(W), substituted 
``subject merchandise'' for ``class or kind of merchandise to which it 
applies''.
    Subsec. (b)(1). Pub. L. 103-465, Secs. 219(c)(9), 233(a)(5)(X), 
substituted ``1673b(d)(2)'' for ``1673b(d)(1)'' in two places and 
``subject merchandise'' for ``merchandise subject to the antidumping 
duty order''.
    Subsec. (b)(2). Pub. L. 103-465, Sec. 233(a)(5)(Y), substituted 
``subject merchandise'' for ``merchandise subject to an antidumping duty 
order''.
    Subsec. (c). Pub. L. 103-465, Sec. 233(a)(1)(C), (2)(A)(iii), 
substituted ``normal value'' for ``foreign market value'' and ``export 
price (or the constructed export price)'' for ``United States price'' in 
pars. (1)(C) to (E), (2)(B), and (3).
    Subsec. (d). Pub. L. 103-465, Sec. 218(b)(2), added subsec. (d).
    1988--Subsec. (c)(1). Pub. L. 100-418, Sec. 1325(a), amended par. 
(1) generally, designating existing provisions as cl. (C) and adding 
cls. (A), (B), (D), and (E).
    Subsec. (c)(4). Pub. L. 100-418, Sec. 1325(b), added par. (4).
    1986--Subsec. (c)(1). Pub. L. 99-514 inserted ``, and was sold to 
any person that is not related to such manufacturer, producer, or 
exporter,'' before ``on or after the date''.


                    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 investigations, reviews, and inquiries initiated and petitions 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 1988 Amendment

    Amendment by Pub. L. 100-418 applicable with respect to 
investigations initiated after Aug. 23, 1988, and to reviews initiated 
under section 1673e(c) or 1675 of this title after Aug. 23, 1988, see 
section 1337(b) of Pub. L. 100-418, set out as a note under section 1671 
of this title.


           Plan Amendments Not Required Until January 1, 1989

    For provisions directing that if any amendments made by subtitle A 
or subtitle C of title XI [Secs. 1101-1147 and 1171-1177] or title XVIII 
[Secs. 1801-1899A] of Pub. L. 99-514 require an amendment to any plan, 
such plan amendment shall not be required to be made before the first 
plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. 
L. 99-514, as amended, set out as a note under section 401 of Title 26, 
Internal Revenue Code.

                  Section Referred to in Other Sections

    This section is referred to in sections 1673c, 1673d, 1673f, 1673h, 
1675, 1677, 1677f, 1677j, 1677m, 1677n of this title.
