Sec. 609. Inclusion of interest in certain distributions of antidumping duties and countervailing duties

454 words·~2 min read·/bill/114/hr/644/eas/section-609

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The Secretary of Homeland Security shall deposit all interest described in subsection

(c)into the special account established under section 754(e) of the Tariff Act of 1930 ( 19 U.S.C. 1675c(e) ) (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 154)) for inclusion in distributions described in subsection

(b)made on or after the date of the enactment of this Act. Distributions described in this subsection are distributions of antidumping duties and countervailing duties assessed on or after October 1, 2000, that are made under section 754 of the Tariff Act of 1930 ( 19 U.S.C. 1675c ) (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 154)), with respect to entries of merchandise— made on or before September 30, 2007; and that were, in accordance with section 822 of the Claims Resolution Act of 2010 ( 19 U.S.C. 1675c note), unliquidated, not in litigation, and not under an order of liquidation from the Department of Commerce on December 8, 2010. Interest described in this subsection is interest earned on antidumping duties or countervailing duties distributed as described in subsection

(b)that is realized through application of a payment received on or after October 1, 2014, by U.S. Customs and Border Protection under, or in connection with— a customs bond pursuant to a court order or judgment entered as a result of a civil action filed by the Federal Government against the surety from which the payment was obtained for the purpose of collecting duties or interest owed with respect to an entry; or a settlement for any such bond if the settlement was executed after the Federal Government filed a civil action described in subparagraph (A). Interest described in paragraph

(1)includes the following: Interest accrued under section 778 of the Tariff Act of 1930 ( 19 U.S.C. 1677g ). Interest accrued under section 505(d) of the Tariff Act of 1930 ( 19 U.S.C. 1505(d) ). Equitable interest under common law or interest under section 963 of the Revised Statutes ( 19 U.S.C. 580 ) awarded by a court against a surety under its bond for late payment of antidumping duties, countervailing duties, or interest described in subparagraph

(A)or (B). In this section: The term antidumping duties means antidumping duties imposed under section 731 of the Tariff Act of 1930 ( 19 U.S.C. 1673 ) or under the Antidumping Act, 1921 (title II of the Act of May 27, 1921; 42 Stat. 11, chapter 14). The term countervailing duties means countervailing duties imposed under section 701 of the Tariff Act of 1930 ( 19 U.S.C. 1671 ).

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