Sec. 5. Requirement of provision by importer of certification by importer or other party
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Subtitle D of title VII of the Tariff Act of 1930 ( 19 U.S.C. 1677 et seq. ) is amended by adding at the end the following: For imports of merchandise into the customs territory of the United States, the administering authority may require an importer— to provide a certification described in paragraph
(2)physically or by electronic means at the time of entry or with the entry summary, or to otherwise demonstrate compliance with the requirements for a certification described in paragraph (2). A certification described in this paragraph is a certification by the importer of the merchandise or another party, as required by the administering authority, such as a certification that the merchandise is not subject to an antidumping or countervailing duty under this title. If a certification required under paragraph
(1)is required to be maintained by the importer or another party, as determined by the administering authority in consultation with the Commissioner responsible for U.S. Customs and Border Protection (in this section referred to as the Commissioner ), the Commissioner or administering authority may require that the importer or other party make the certification available to the Commissioner or administering authority upon request. If the administering authority requires an importer or other party to provide a certification described in paragraph
(2)of subsection
(a)for merchandise imported into the customs territory of the United States pursuant to paragraph
(1)of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the administering authority shall instruct the Commissioner— to suspend liquidation of the entry; to require that the importer or other party post a cash deposit at an amount equal to the antidumping duty or countervailing duty applicable to the merchandise; and to assess the rate of duty determined under paragraph
(2)upon liquidation or reliquidation of the entry. If the administering authority requires an importer or other party to provide a certification described in paragraph
(2)of subsection
(a)for merchandise imported into the customs territory of the United States pursuant to paragraph
(1)of that subsection, and the importer or other party does not provide that certification or that certification contains any false, misleading, or fraudulent statement or representation or any material omission, the importer of the merchandise may be subject to a penalty pursuant to section 592 of this Act, section 1001 of title 18, United States Code, or any other applicable provision of law. . The table of contents for title VII of the Tariff Act of 1930 is amended by inserting after the item relating to section 783 the following: Sec. 784. Requirement for certification by importer or other party. .
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Sec. 5
Requirement of provision by importer of certification by importer or other party
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