US Laws, Codes, Statutes & Cases

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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 19USC1673]

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

    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 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 
section 1673d(b)(1) of this title, 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, title VII, Sec. 731, as added Pub. L. 96-39, 
title I, Sec. 101, July 26, 1979, 93 Stat. 162; amended Pub. L. 98-573, 
title VI, Sec. 602(b), Oct. 30, 1984, 98 Stat. 3024; Pub. L. 103-465, 
title II, Sec. 233(a)(1)(A), (2)(A)(i), Dec. 8, 1994, 108 Stat. 4898.)


                               Amendments

    1994--Pub. L. 103-465 substituted ``normal value exceeds 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 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 section 
1673d(b)(1) of this title, 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.


                    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 1984 Amendment

    Amendment by Pub. L. 98-573 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 
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.

                  Section Referred to in Other Sections

    This section is referred to in sections 1337, 1673a, 1673e, 1673g, 
1673i of this title.