19 USC 1683 - Definitions

U.S Code last checked for updates: Nov 22, 2024

§ 1683.

Definitions

In this subtitle:

(1)

Appropriate congressional committees

(2)

Country of export

(3)

Customs laws of the United States

(4)

Export charges

(5)

Export price

(A)

In general

The term “export price” means one of the following:

(i)

In the case of softwood lumber or a softwood lumber product that has undergone only primary processing, the value that would be determined F.O.B. at the facility where the product underwent the last primary processing before export.

(ii)

(I)

In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the lumber or product underwent the last primary processing.

(II)

Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that underwent the last remanufacturing before export by a manufacturer who—

(aa)

does not hold tenure rights provided by the country of export;

(bb)

did not acquire standing timber directly from the country of export; and

(cc)

is not related to the person who holds tenure rights or acquired standing timber directly from the country of export.

(iii)

(I)

In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the product underwent the last processing before export.

(II)

Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that undergoes the last remanufacturing before export by a manufacturer who—

(aa)

holds tenure rights provided by the country of export;

(bb)

acquired standing timber directly from the country of export; or

(cc)

is related to a person who holds tenure rights or acquired standing timber directly from the country of export.

(B)

Related persons

For purposes of this paragraph, a person is related to another person if—

(i)

the person bears a relationship to such other person described in section 152(a) of title 26;

(ii)

the person bears a relationship to such other person described in section 267(b) of such title, except that “5 percent” shall be substituted for “50 percent” each place it appears;

(iii)

the person and such other person are part of a controlled group of corporations, as that term is defined in section 1563(a) of such title, except that “5 percent” shall be substituted for “80 percent” each place it appears;

(iv)

the person is an officer or director of such other person; or

(v)

the person is the employer of such other person.

(C)

Tenure rights

(D)

Export price where F.O.B. value cannot be determined

(i)

In general

In the case of softwood lumber or a softwood lumber product described in clause (i), (ii), or (iii) of subparagraph (A) for which an F.O.B. value cannot be determined, the export price shall be the market price for the identical lumber or product sold in an arm’s-length transaction in the country of export at approximately the same time as the exported lumber or product. The market price shall be determined in the following order of preference:

(I)

The market price for the lumber or a product sold at substantially the same level of trade as the exported lumber or product but in different quantities.

(II)

The market price for the lumber or a product sold at a different level of trade than the exported lumber or product but in similar quantities.

(III)

The market price for the lumber or a product sold at a different level of trade than the exported lumber or product and in different quantities.

(ii)

Level of trade

(6)

F.O.B.

(7)

HTS

(8)

Person

(9)

United States

(June 17, 1930, ch. 497, title VIII, § 802, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1844.)

cite as: 19 USC 1683