19 USC 1516 - Petitions by domestic interested parties

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

§ 1516.

Petitions by domestic interested parties

(a)

Request for classification and rate of duty; petition

(1)

The Secretary shall, upon written request by an interested party furnish the classification and the rate of duty imposed upon designated imported merchandise of a class or kind manufactured, produced, or sold at wholesale by such interested party. If the interested party believes that the appraised value, the classification, or rate of duty is not correct, it may file a petition with the Secretary setting forth—

(A)

a description of the merchandise,

(B)

the appraised value, the classification, or the rate of duty that it believes proper, and

(C)

the reasons for its belief.

(2)

As used in this section, the term “interested party” means a person who is—

(A)

a manufacturer, producer, or wholesaler in the United States;

(B)

a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States; or

(C)

a trade or business association a majority of whose members are manufacturers, producers, or wholesalers in the United States,

of goods of the same class or kind as the designated imported merchandise. Such term includes an association, a majority of whose members is composed of persons described in subparagraph (A), (B), or (C).

(3)

Any producer of a raw agricultural product who is considered under section 1677(4)(E) of this title to be part of the industry producing a processed agricultural product of the same class or kind as the designated imported merchandise shall, for purposes of this section, be treated as an interested party producing such processed agricultural product.

(b)

Determination on petition

(c)

Contest by petitioner of appraised value, classification, or rate of duty

(d)

Appraisal, classification, and liquidation of entries of merchandise covered by published decisions of Secretary

(e)

Consignee or his agent as party in interest before the Court of International Trade

(f)

Appraisement, classification, and assessment of duty of merchandise covered by published decision of Secretary in accordance with final judicial decision of Court of International Trade or Court of Appeals for the Federal Circuit sustaining cause of action in whole or in part; suspension of liquidation of entries; publication

(g)

Regulations implementing required procedures

(June 17, 1930, ch. 497, title IV, § 516, 46 Stat. 735; June 25, 1938, ch. 679, § 17(a), 52 Stat. 1084; June 25, 1948, ch. 646, § 39, 62 Stat. 992; Pub. L. 91–271, title II, § 209, June 2, 1970, 84 Stat. 286; Pub. L. 93–618, title III, §§ 321(f)(1), 331(b), Jan. 3, 1975, 88 Stat. 2048, 2052; Pub. L. 96–39, title X, § 1001(b)(1), July 26, 1979, 93 Stat. 303; Pub. L. 96–417, title VI, §§ 601(6), 607, Oct. 10, 1980, 94 Stat. 1744, 1745; Pub. L. 97–164, title I, § 163(a)(1), Apr. 2, 1982, 96 Stat. 49; Pub. L. 99–514, title XVIII, § 1888(5), Oct. 22, 1986, 100 Stat. 2925; Pub. L. 100–418, title I, § 1326(d)(3), Aug. 23, 1988, 102 Stat. 1204.)

cite as: 19 USC 1516