§ 4361. Definitions

458 words·~2 min read·/usc/title-19/section-4361

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In this subchapter:

(1)Appropriate congressional committees The term “appropriate congressional committees” means—

(A)the Committee on Finance and the Committee on Appropriations of the Senate; and

(B)the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.

(2)Covered merchandise The term “covered merchandise” means merchandise that is subject to—

(A)a countervailing duty order issued under section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or

(B)an antidumping duty order issued under section 736 of the Tariff Act of 1930 (19 U.S.C. 1673e).

(3)Eligible small business

(A)In general The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.

(B)Nonreviewability Any agency decision regarding whether a business concern is an eligible small business for purposes of section 4371(b)(4)(E) of this title is not reviewable by any other agency or by any court.

(4)Enter; entry The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.

(5)Evade; evasion The terms “evade” and “evasion” refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.

(6)Secretary The term “Secretary” means the Secretary of the Treasury.

(7)Trade remedy laws The term “trade remedy laws” means title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).

(Pub. L. 114–125, title IV, § 402, Feb. 24, 2016, 130 Stat. 155.)

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