Sec. 102202. 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. ), as amended by section 102003(a), is further 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 or other party— to provide by electronic means, at the time of entry or with the entry summary, a certification described in paragraph (2); to maintain that certification; or to otherwise demonstrate compliance with the requirements for that certification.
A certification described in this paragraph is a certification by the importer of the merchandise or other party, as required by the administering authority, that among other things— the merchandise is not subject to an antidumping or countervailing duty proceeding under this title; and the inputs used in production, transformation, or processing of the merchandise are not subject to an antidumping or countervailing duty under this title. A certification required by the administering authority under paragraph (1), if not already provided, shall be made available upon request to the administering authority or the Commissioner of U.S.
Customs and Border Protection (in this section referred to as the Commissioner ). 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 in an amount equal to the antidumping duty or countervailing duty applicable to the merchandise; and to assess the appropriate rate of duty upon liquidation or reliquidation of the entry. If no rate of duty for an entry is available at the time of assessment under paragraph (1)(C), the administering authority shall identify the applicable cash deposit rate to be applied to the entry, with the applicable duty rate to be provided as soon as the duty rate becomes available. 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 the Tariff Act of 1930, as amended by section 102003(b), is further amended by inserting after the item relating to section 784 the following: Sec.785. Requirement for certification by importer or other party. .
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Sec. 102202
Requirement of provision by importer of certification by importer or other party
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