AMENDMENTS

1975-Subsec. (a). Pub. L. 93-618, § 321(a)(1), substituted "United States International Trade Commission (hereinafter called the 'Commission')" for "United States Tariff Commission" and "Commission" for "said Commission".

Subsec. (b). Pub. L. 93-618, § 321(a)(2), added provisions requiring the Secretary of the Treasury, within 6 months (or in more complicated investigations within 9 months) after publication of a notice of initiation of an investigation, to make the determination as to whether there is reason to believe or suspect that the purchase price of imported merchandise is less, or the exporter's sales price is less or likely to be less, than the foreign market value or constructed value of the merchandise, and, if his determination is affirmative, publish notice thereof in the Federal Register and require the withholding of appraisement of any such merchandise, but, if his determination is negative, or if he tentatively determines that the investigation should be discontinued, publish notice thereof in the Federal Register, and order the withholding of appraisement within 3 months thereafter if he then has reason to believe or suspect that dumping is involved, but if no withholding of appraisement is ordered within 3 months, publish a final negative determination or a notice of discontinuance of the investigation. Subsec. (c). Pub. L. 93-618, § 321(a)(2), substituted provisions covering the determination by the Secretary of whether to initiate an investigation into the question of whether merchandise is being or is likely to be sold in the United States or elsewhere at less than its fair value, for provisions directing the Secretary and the Commission to publish in the Federal Register their determination covering the sale or likelihood of sale of merchandise in the United States at less than fair value.

Subsec. (d). Pub. L. 93-618, § 321(a)(2), added subsec. (d).

1958-Subsec. (a). Pub. L. 85-630, § 1(1), provided that where the Commissioners are evenly divided it shall be deemed that the Commission made an affirmative determination.

Subsec. (b). Pub. L. 85-630, §§ 1(2), 4(b), substituted "constructed value" for "cost of production", and inserted provisions requiring publication of notice in the Federal Register.

Subsec. (c). Pub. L. 85-630, § 1(3), added subsec. (c). 1954-Act Sept. 1, 1954, transferred the injury determination authority from the Secretary of the Treasury to the Tariff Commission, provided that it be made within 3 months from the determination of the question of a dumping price by the Secretary, and provided that the Secretary's authority to withhold appraisement reports be limited to merchandise entered, or withdrawn from warehouse, for consumption not more than 120 days before the question of dumping was first raised.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 321(g)(1) of Pub. L. 93-618 provided that: "The amendments made by subsection (a) of this section (amending this section] shall apply with respect to all questions of dumping raised or presented on or after the date of the enactment of this Act [Jan. 3, 19751."

EFFECTIVE DATE OF 1958 AMENDMENT Section 6 of Pub. L. 85-630 provided that: "The amendments made by this Act [adding section 170a of this title and amending sections 160, 161, 164, 165, 168, 169 and 171 of this title] shall apply with respect to all merchandise as to which no appraisement report has been made on or before the date of the enactment of this Act (August, 14, 1958]; except that such amendments shall not apply with respect to any merchandise

which

(1) was exported from the country of exportation before the date of the enactment of this Act [August 14, 1958), and

"(2) is subject to a finding under the Antidumping Act, 1921 [sections 160 to 171 of this title], which (A) is outstanding on the date of enactment of this Act [August 14, 1958], or (B) was revoked on or before the date of the enactment of this Act [August 14, 1958], but is still applicable to such merchandise."

EFFECTIVE DATE OF 1954 AMENDMENT

Section 601 of act Sept. 1, 1954, provided that: "Titles II, III, IV, and VI of this Act [which amended this section, sections 161(a), 1001 (par. 1559), 1201 (par. 1615(g)) of this title, sections 1421e and 1644 of Title 48, Territories and Insular Possessions, added sections 1301a of this title] shall be effective on and after the thirtieth day following the date of the enactment of this Act [Sept. 1, 1954]".

SHORT TITLE

Section 1 of act Sept. 1, 1954 provided that act Sept. 1, 1954, which added sections 1301a, 1595a of this title, amended sections 161, 1001 par. 1559, 1201 par. 1615, 1441, 1451, 1581, 1605, 1607, 1610, 1612 of this title, sections 545 of Title 18, Crimes and Criminal Procedure, 91 of Title 46, Shipping, 1421e, 1644 of Title 48, Territories and Insular Possessions, and enacted provisions set out as notes under this section and section 1332 of this title, may be cited as the "Customs Simplification Act of 1954."

ANTIDUMPING ACT UNAFFECTED BY TARIFF ACT OF 1930

Sections 160 to 171 were expressly excepted from repeal or amendment by section 651(d) of the Tariff Act of 1930 (act June 17, 1930, ch. 497, 46 Stat. 763), which provided: "Nothing in this Act shall be construed to amend or repeal any of the following provisions of law: ⚫ (5) the Antidumping Act, 1921 [sections 160 to 171 of this title]."

ANTIDUMPING ACT UNAFFECTED BY ACT August 2, 1956; REVIEW OF OPERATION OF ACT AND REPORT TO CONGRESS

Section 5 of act Aug. 2, 1956, ch. 887, 70 Stat. 948, provided that: "Nothing in this Act [enacting provisions set out as notes under this section and sections 2, 1351, 1401a, and 1402 of this title, and enacting section 1401a of this title, amending pars. 27(c) and 28(c) of section 1001 of this title, sections 1402, 1500(f), and 1583 of this title, and section 372(c) of Title 31, Money and Finance, and repealing sections 12 to 18, 21 to 24, 26 to 28, 30, 40, 53 to 57, 59, 61, 62, 67, 376, 379, 390, 494, 526, 541, 542, 549, and 579 of this title, and section 711(7) of Title 31, Money and Finance] shall be considered to repeal, modify, or supersede, directly or indirectly, any provision of the Antidumping Act, 1921, as amended [sections 160 to 171 of this title]. The Secretary of the Treasury, after consulting with the United States Tariff Commission, shall review the operation and effectiveness of such Antidumping Act and report thereon to the Congress within six months after the date of enactment of this Act [Aug. 2, 1956]. In that report, the Secretary shall recommend to the Congress any amendment of such Antidumping Act which he considers desirable or necessary to provide for greater certainty, speed, and efficiency in the enforcement of such Antidumping Act."

ADMINISTRATION OF THE ANTIDUMPING ACT, 1921, BY UNITED STATES TARIFF COMMISSION; REPORT TO CONGRESS

Pub. L. 90-634, title II, § 201, Oct. 24, 1968, 82 Stat. 1347, provided that:

"(a) Nothing contained in the International Antidumping Code, signed at Geneva on June 30, 1967, shall be construed to restrict the discretion of the United States Tariff Commission in performing its duties and functions under the Antidumping Act, 1921 [section 160 to 171 of this title], and in performing their duties and functions under such Act the Secretary of the Treasury and the Tariff Commission shall

"(1) resolve any conflict between the International Antidumping Code and the Antidumping Act, 1921, in favor of the Act as applied by the agency administering the Act, and

"(2) take into account the provisions of the International Antidumping Code only insofar as they are consistent with the Antidumping Act, 1921, as applied by the agency administering the Act.

"(b) No later than August 1, 1969, the President shall submit to the House of Representatives and United States Senate a report for the period beginning on July 1, 1968, and ending on June 30, 1969, which shall

"(1) set out the text of all determinations made by the Secretary of the Treasury and the United States Tariff Commission under the Antidumping Act, 1921, in such period;

"(2) analyze with respect to each determination in such period the manner in which the Antidumping Act, 1921, has been administered to take into account the provisions of the International Antidumping Code;

"(3) summarize antidumping actions taken by other countries in such period against United States exports and relate such actions to the provisions of the International Antidumping Code; and

"(4) include such recommendations as the President determines appropriate concerning the administration of the Antidumping Act, 1921."

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 161, 162 to 171, and 1516 of this title; title 28 section 2632.

SPECIAL DUMPING DUTY

§ 161. Amount of duty to be collected

(a) Levy, collection and payment of additional duty In the case of all imported merchandise, whether dutiable or free of duty, of a class or kind as to which the Secretary of the Treasury has made public a finding as provided for in section 160 of this title, entered, or withdrawn from warehouse, for consumption, not more than one hundred and twenty days before the question of dumping was raised by or presented to the Secretary or any person to whom authority under said section has been delegated, and as to which no appraisement has been made before such finding has been so made public, if the purchase price or the exporter's sales price is less than the foreign market value (or, in the absence of such value, than the constructed value) there shall be levied, collected, and paid, in addition to any other duties imposed thereon by law, a special dumping duty in an amount equal to such difference.

(b) Difference in purchase price and foreign market value

In determining the foreign market value for the purposes of subsection (a) of this section, if it is established to the satisfaction of the Secretary or his delegate that the amount of any difference between the purchase price and the foreign market value (or that the fact that the purchase price is the same as the foreign market value) is wholly or partly due to

(1) the fact that the wholesale quantities, in which such or similar merchandise is sold or, in the absence of sales, offered for sale for exportation to the United States in the ordinary course of trade, are less or are greater than the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal mar

kets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States),

(2) other differences in circumstances of sale, or

(3) the fact that merchandise described in subdivision (C), (D), (E), or (F) of section 170a(3) of this title is used in determining foreign market value,

then due allowance shall be made therefor. (c) Difference in exporter's sales price and foreign market value

In determining the foreign market value for the purposes of subsection (a) of this section, if it is established to the satisfaction of the Secretary or his delegate that the amount of any difference between the exporter's sales price and the foreign market value (or that the fact that the exporter's sales price is the same as the foreign market value) is wholly or partly due to(1) the fact that the wholesale quantities in which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the United States in the ordinary course of trade, are less or are greater than the wholesale quantities in which such or similar merchandise is sold, or in the absence of sales, offered for sale in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States), (2) other differences in circumstances of sale, or

(3) the fact that merchandise described in subdivision (C), (D), (E), or (F) of section 170a (3) of this title is used in determining foreign market value,

then due allowance shall be made therefor. (May 27, 1921, ch. 14, § 202, 42 Stat. 11; Sept. 1, 1954, ch. 1213, title III, § 302, 68 Stat. 1139; Aug. 14, 1958, Pub. L. 85-630, §§ 2, 4(b), 72 Stat. 583, 585; June 2, 1970, Pub. L. 91-271, title III, § 311, 84 Stat. 292.)

AMENDMENTS

1970-Subsec. (a). Pub. L. 91-271 struck out "report" following "as to which no appraisement". 1958-Subsec. (a). Pub. L. 85-630, § 4(b), substituted "constructed value" for "cost of production".

Subsec. (b). Pub. L. 85-630, § 2, substituted "the Secretary or his delegate" for "appraising officers", "sold or, in the absence of sales, offered for sale" for "sold or freely offered for sale to all purchasers" in two instances, and "are less or are greater than the wholesale quantities" for "are greater than the wholesale quantities", inserted "(or that the fact that the purchase price is the same as the foreign market value)" preceding "is wholly or partly due", and authorized consideration of other differences in circumstances of sale, and the fact that merchandise described in section 170a(3)(C), (D), (E), or (F) of this title is used in determining foreign market value.

Subsec. (c). Pub. L. 85-630, § 2, substituted "the Secretary or his delegate" for "appraising officers", "sold or in the absence of sales, offered for sale" for "sold or freely offered for sale to all purchasers" in two instances, and "are less or are greater than the wholesale quantities" for "are greater than the wholesale quantities", inserted "(or that the fact that the ex

PURCHASE PRICE

§162. Price at which merchandise has been purchased or agreed to be purchased prior to time of exportation; other additions and subtractions in determination

For the purposes of sections 160 to 171 of this title, the purchase price of imported merchandise shall be the price at which such merchandise has been purchased or agreed to be purchased, prior to the time of exportation, by the person by whom or for whose account the merchandise is imported, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States; and less the amount, if included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported mer

chandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title.

(May 27, 1921, ch. 14, § 203, 42 Stat. 12; Jan. 3, 1975, Pub. L. 93-618, title III, § 321(b), 88 Stat. 2045.)

AMENDMENTS

1975-Pub. L. 93-618 substituted "and less the amount, if included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States" for "and plus the amount, if not included in such price, of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States"; and substituted "and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title" for "and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller, in respect to the manufacture, production, or sale of the merchandise, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States".

EFFECTIVE DATE OF 1975 AMENDMENT

Section 321(g)(2) of Pub. L. 93-618 provided that: "The amendments made by subsections (b) through (e) of this section [amending this section of sections 163, 164, and 170a of this title] shall apply with respect to all merchandise which is not appraised on or before the date of the enactment of this Act [Jan. 3, 1975]; except that such amendments shall not apply with respect to any merchandise which

"(A) was exported from the country of exportation before such date of the enactment, and

"(B) is subject to a finding under the Antidumping Act, 1921 [sections 160-171 of this title], which (i) is outstanding on such date of enactment, or (ii) was revoked on or before such date of enactment but is still applicable to such merchandise."

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 160, 163 to 171 of this title.

EXPORTER'S SALES PRICE

portation, by or for the account of the exporter, plus, when not included in such price, the cost of all containers and coverings and all other costs, charges, and expenses incident to placing the merchandise in condition, packed ready for shipment to the United States, less (1) the amount, if any, included in such price, attributable to any additional costs, charges, and expenses, and United States import duties, incident to bringing the merchandise from the place of shipment in the country of exportation to the place of delivery in the United States, (2) the amount of the commissions, if any, for selling in the United States the particular merchandise under consideration, (3) an amount equal to the expenses, if any, generally incurred by or for the account of the exporter in the United States in selling identical or substantially identical merchandise, (4) the amount of any export tax imposed by the country of exportation on the exportation of the merchandise to the United States, and (5) the amount of any increased value, including additional material and labor, resulting from a process of manufacture or assembly performed on the imported merchandise after the importation of the merchandise and before its sale to a person who is not the exporter of the merchandise within the meaning of section 166 of this title; and plus the amount of any import duties imposed by the country of exportation which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States; and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated, or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title.

(May 27, 1921, ch. 14, § 204, 42 Stat. 13; Jan. 3, 1975, Pub. L. 93-618, title III, § 321(c), 88 Stat. 2046.)

AMENDMENTS

1975-Pub. L. 93-618 struck out "and" preceding cl. (4), added cl. (5), and in the undesignated clauses following cl. (5) substituted "and plus the amount of any taxes imposed in the country of exportation directly upon the exported merchandise or components thereof, which have been rebated, or which have not been collected, by reason of the exportation of the merchandise to the United States, but only to the extent that such taxes are added to or included in the price of such or similar merchandise when sold in the country of exportation; and plus the amount of any taxes rebated, or not collected, by reason of the exportation of the merchandise to the United States, which rebate or noncollection has been determined by the Secretary to be a bounty or grant within the meaning of section 1303 of this title", for "and plus the amount of any taxes imposed in the country of exportation upon the manufacturer, producer, or seller in respect to the manufacture, production, or sale of the merchandise, which have been rebated, or which have not been col

lected, by reason of the exportation of the merchandise to the United States".

EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93-618 applicable with respect to all merchandise which is not appraised on or before Jan. 3, 1975, but not applicable to any merchandise exported from the country of exportation before Jan. 3, 1975, which is subject to a finding under sections 160-171 of this title outstanding on Jan. 3, 1975, or revoked on or before Jan. 3, 1975, but still applicable to such merchandise, see section 321(g)(2) of Pub. L. 93-618, set out as a note under section 162 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 160, 162, 164 to 171 of this title.

FOREIGN MARKET VALUE

§ 164. Price of merchandise or similar merchandise sold or offered for sale in principal markets of exporting country

(a) Determination; fictitious market; sales agencies For the purposes of sections 160 to 171 of this title the foreign market value of imported merchandise shall be the price, at the time of exportation of such merchandise to the United States, at which such or similar merchandise is sold or, in the absence of sales, offered for sale in the principal markets of the country from which exported, in the usual wholesale quantities and in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, or if the Secretary determines that the quantity sold for home consumption is so small in relation to the quantity sold for exportation to countries other than the United States as to form an inadequate basis for comparison, then the price at which so sold or offered for sale for exportation to countries other than the United States), plus, when not included in such price, the cost of all containers and coverings and all other cost, charges, and expenses incident to placing the merchandise in condition packed ready for shipment to the United States, except that in the case of merchandise purchased or agreed to be purchased by the person by whom or for whose account the merchandise is imported, prior to the time of exportation, the foreign market value shall be ascertained as of the date of such purchase or agreement to purchase. In the ascertainment of foreign market value for the purposes of sections 160 to 171 of this title no pretended sale or offer for sale, and no sale or offer for sale intended to establish a fictitious market, shall be taken into account. If such or similar merchandise is sold or in the absence of sales, offered for sale through a sales agency or other organization related to the seller in any of the respects described in section 166 of this title, the prices at which such or similar merchandise is sold or, in the absence of sales, offered for sale by such sales agency or other organization may be used in determining the foreign market value.

(b) Home market sales at less than cost of production Whenever the Secretary has reasonable grounds to believe or suspect that sales in the home market of the country of exportation, or, as appropriate, to countries other than the United States, have been made at prices which