Collapse to view only § 1683d. Reconciliation
- § 1683. Definitions
- § 1683a. Establishment of softwood lumber importer declaration program
- § 1683b. Scope of softwood lumber importer declaration program
- § 1683c. Export charge determination and publication
- § 1683d. Reconciliation
- § 1683e. Verification
- § 1683f. Penalties
- § 1683g. Reports
§ 1683. DefinitionsIn 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 generalThe 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 personsFor 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 generalIn 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.)
§ 1683a. Establishment of softwood lumber importer declaration program
(a) Establishment of program
(1) In general
(2) Electronic record
(b) Required informationThe President shall require the following information to be submitted by any person seeking to import softwood lumber or softwood lumber products described in section 1683b(a) of this title:
(1) The export price for each shipment of softwood lumber or softwood lumber products.
(2) The estimated export charge, if any, applicable to each shipment of softwood lumber or softwood lumber products as calculated by applying the percentage determined and published by the Under Secretary for International Trade of the Department of Commerce pursuant to section 1683c of this title to the export price provided in subsection (b)(1).
(c) Importer declarationsPursuant to procedures prescribed by the President, any person seeking to import softwood lumber or softwood lumber products described in section 1683b(a) of this title shall declare that—
(1) the person has made appropriate inquiry, including seeking appropriate documentation from the exporter and consulting the determinations published by the Under Secretary for International Trade of the Department of Commerce pursuant to section 1683c(b) of this title; and
(2) to the best of the person’s knowledge and belief—
(A) the export price provided pursuant to subsection (b)(1) is determined in accordance with the definition provided in section 1683(5) of this title;
(B) the export price provided pursuant to subsection (b)(1) is consistent with the export price provided on the export permit, if any, granted by the country of export; and
(C) the exporter has paid, or committed to pay, all export charges due—
(i) in accordance with the volume, export price, and export charge rate or rates, if any, as calculated under an international agreement entered into by the country of export and the United States; and
(ii) consistent with the export charge determinations published by the Under Secretary for International Trade pursuant to section 1683c(b) of this title.
(June 17, 1930, ch. 497, title VIII, § 803, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1847.)
§ 1683b. Scope of softwood lumber importer declaration program
(a) Products included in programThe following products shall be subject to the importer declaration program established under section 1683a of this title:
(1) In generalAll softwood lumber and softwood lumber products classified under subspan 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the HTS, including the following softwood lumber, flooring, and siding:
(A) Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded, or finger-jointed, of a thickness exceeding 6 millimeters.
(B) Coniferous wood siding (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed.
(C) Other coniferous wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces (other than wood moldings and wood dowel rods) whether or not planed, sanded, or finger-jointed.
(D) Coniferous wood flooring (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed.
(E) Coniferous drilled and notched lumber and angle cut lumber.
(2) Products continually shaped
(3) Other lumber products
(b) Products excluded from programThe following products shall be excluded from the importer declaration program established under section 1683a of this title:
(1) Trusses and truss kits, properly classified under subspan 4418.90 of the HTS.
(2) I-joist beams.
(3) Assembled box-spring frames.
(4) Pallets and pallet kits, properly classified under subspan 4415.20 of HTS.
(5) Garage doors.
(6) Edge-glued wood, properly classified under subspan 4421.90.97.40 of the HTS.
(7) Complete door frames.
(8) Complete window frames.
(9) Furniture.
(10) Articles brought into the United States temporarily and for which an exemption from duty is claimed under subchapter XIII of chapter 98 of the HTS.
(11) Household and personal effects.
(c) Exceptions for certain productsThe following softwood lumber products shall not be subject to the importer declaration program established under section 1683a of this title:
(1) StringersStringers (pallet components used for runners), if the stringers—
(A) have at least 2 notches on the side, positioned at equal distance from the center, to properly accommodate forklift blades; and
(B) are properly classified under subspan 4421.90.97.40 of the HTS.
(2) Box-spring frame kits
(A) In generalBox-spring frame kits, if—
(i) the kits contain—(I) 2 wooden side rails;(II) 2 wooden end (or top) rails; and(III) varying numbers of wooden slats; and
(ii) the side rails and the end rails are radius-cut at both ends.
(B) Packaging
(3) Radius-cut box-spring frame components
(4) Fence pickets
(5) United States-origin lumberLumber originating in the United States that is exported to another country for minor processing and imported into the United States if—
(A) the processing occurring in another country is limited to kiln drying, planing to create smooth-to-size board, and sanding; and
(B) the importer establishes to the satisfaction of U.S. Customs and Border Protection upon entry that the lumber originated in the United States.
(6) Softwood lumber
(7) Home packages or kits
(A) In generalSoftwood lumber or softwood lumber products contained in a single family home package or kit, regardless of the classification under the HTS, if the importer declares that the following requirements have been met:
(i) The package or kit constitutes a full package of the number of wooden pieces specified in the plan, design, or blueprint necessary to produce a home of at least 700 square feet produced to a specified plan, design, or blueprint.
(ii) The package or kit contains—(I) all necessary internal and external doors and windows, nails, screws, glue, subfloor, sheathing, beams, posts, and connectors; and(II) if included in the purchase contract, the decking, trim, drywall, and roof shingles specified in the plan, design, or blueprint.
(iii) Prior to importation, the package or kit is sold to a United States retailer that sells complete home packages or kits pursuant to a valid purchase contract referencing the particular home design, plan, or blueprint, and the contract is signed by a customer not affiliated with the importer.
(iv) Softwood lumber products entered as part of the package or kit, whether in a single entry or multiple entries on multiple days, are to be used solely for the construction of the single family home specified by the home design, plan, or blueprint matching the U.S. Customs and Border Protection import entry.
(B) Additional documentation required for home packages and kitsIn the case of each entry of products described in clauses (i) through (iv) of subparagraph (A) the following documentation shall be retained by the importer and made available to U.S. Customs and Border Protection upon request:
(i) A copy of the appropriate home design, plan, or blueprint matching the customs entry in the United States.
(ii) A purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer.
(iii) A listing of all parts in the package or kit being entered into the United States that conforms to the home design, plan, or blueprint for which such parts are being imported.
(iv) If a single contract involves multiple entries, an identification of all the items required to be listed under clause (iii) that are included in each individual shipment.
(d) Products covered
(June 17, 1930, ch. 497, title VIII, § 804, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1848.)
§ 1683c. Export charge determination and publication
(a) Determination
(b) Publication
(June 17, 1930, ch. 497, title VIII, § 805, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.)
§ 1683d. Reconciliation
The Secretary of the Treasury shall conduct reconciliations to ensure the proper implementation and operation of international agreements entered into between a country of export of softwood lumber or softwood lumber products described in section 1683b(a) of this title and the United States. The Secretary of Treasury shall reconcile the following:
(1) The export price declared by a United States importer pursuant to section 1683a(b)(1) of this title with the export price reported to the United States by the country of export, if any.
(2) The export price declared by a United States importer pursuant to section 1683a(b)(1) of this title with the revised export price reported to the United States by the country of export, if any.
(June 17, 1930, ch. 497, title VIII, § 806, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.)
§ 1683e. Verification
(a) In general
The Secretary of Treasury shall periodically verify the declarations made by a United States importer pursuant to section 1683a(c) of this title, including by determining whether—
(1) the export price declared by a United States importer pursuant to section 1683a(b)(1) of this title is the same as the export price provided on the export permit, if any, issued by the country of export; and
(2) the estimated export charge declared by a United States importer pursuant to section 1683a(b)(2) of this title is consistent with the determination published by the Under Secretary for International Trade pursuant to section 1683c(b) of this title.
(b) Examination of books and records
(1) In general
(2) Examination of records
(June 17, 1930, ch. 497, title VIII, § 807, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.)
§ 1683f. Penalties
(a) In general
(b) Civil penalties
(c) Other penalties
(d) Factors to consider in assessing penalties
(e) Notice
(f) Exception
Notwithstanding any other provision of this subtitle, and without limitation, an importer shall not be found to have violated subsection 1
1 So in original. Probably should be “section”.
1683a(c) of this title if—(1) the importer made an appropriate inquiry in accordance with section 1683a(c)(1) of this title with respect to the declaration;
(2) the importer produces records maintained pursuant to section 1683e(b) of this title that substantiate the declaration; and
(3) there is not substantial evidence indicating that the importer knew that the fact to which the importer made the declaration was false.
(June 17, 1930, ch. 497, title VIII, § 808, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.)
§ 1683g. Reports
(a) Semiannual reports
Not later than 180 days after the effective date of this subtitle, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report—
(1) describing the reconciliations conducted under section 1683d of this title,1
1 So in original. Comma probably should not appear.
and the verifications conducted under section 1683e of this title;(2) identifying the manner in which the United States importers subject to reconciliations conducted under section 1683d of this title and verifications conducted under section 1683e of this title were chosen;
(3) identifying any penalties imposed under section 1683f of this title;
(4) identifying any patterns of noncompliance with this subtitle; and
(5) identifying any problems or obstacles encountered in the implementation and enforcement of this subtitle.
(b) Subsidies reports
(c) GAO reports
The Comptroller General of the United States shall submit the following reports to the appropriate congressional committees:
(1) Not later than 18 months after June 18, 2008, a report on the effectiveness of the reconciliations conducted under section 1683d of this title,1 and verifications conducted under section 1683e of this title.
(2) Not later than 12 months after June 18, 2008, a report on whether countries that export softwood lumber or softwood lumber products to the United States are complying with any international agreements entered into by those countries and the United States.
(June 17, 1930, ch. 497, title VIII, § 809, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.)