Sec. 102203. Clarification of authority for Department of Commerce regarding determinations of class or kind of merchandise
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/bill/117/hr/4521/eh/section-102203A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
To determine whether merchandise imported into the United States is within the class or kind of merchandise covered by an antidumping or countervailing duty proceeding under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ), the administering authority may use any reasonable method and is not bound by the determinations of any other Federal department or agency, including tariff classification and country of origin marking rulings issued by the Commissioner of U.S.
Customs and Border Protection. Class or kind determinations may be made under this section or under section 781 in accordance with the criteria set forth in this section or in section 781. To determine the origin of merchandise for purposes of an antidumping or countervailing duty proceeding under title VII of the Tariff Act of 1930 ( 19 U.S.C. 1671 et seq. ), the administering authority may apply any reasonable method and may consider relevant factors, including— whether the upstream and downstream products are within the same class or kind of merchandise; whether an essential characteristic of the merchandise, or an essential component thereof, is substantially transformed in the country of exportation; the physical characteristics of the merchandise; the value added, nature, and sophistication of processing in the third country or countries; the level of investment in the third country or countries; and any other factors that the administering authority considers appropriate.
Section 516A(a)(2)(A)(ii) of the Tariff Act of 1930 ( 19 U.S.C. 1516a(a)(2)(A)(ii) ) is amended to read as follows: the date of publication in the Federal Register of notice of a determination described in clause
(iv)of subparagraph (B), or, if no such notice is published, the date on which the administering authority conveys a copy of such determination to an interested party who is a party to the proceeding, .
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Sec. 102203
Clarification of authority for Department of Commerce regarding determinations of class or kind of merchandise
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