Title 19 — Customs Duties
Chapter 28 — Trade Facilitation and Trade Enforcement
§ 4401. Inclusion of interest in certain distributions of antidumping duties and countervailing duties
Statutory text
In general
The Secretary of Homeland Security shall deposit all interest described in subsection (c) into the special account established under section 1675c(e) of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)) for inclusion in distributions described in subsection (b)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 .
Distributions described
Distributions described in this subsection are distributions of antidumping duties and countervailing duties assessed on or after , that are made under section 1675c of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 (Public Law 109–171; 120 Stat. 154)), with respect to entries of merchandise that—
were made on or before ; and
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 .
Interest described
Interest realized
Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized through application of a payment received on or after , by U.S. Customs and Border Protection under, or in connection with—
a customs bond pursuant to a court order or judgment; or
a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety.
Types of interest
Interest described in paragraph (1) includes the following:
Interest accrued under section 1677g of this title.
Interest accrued under section 1505(d) of this title.
Equitable interest under common law and interest under section 580 of this title 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).
Definitions
In this section:
Antidumping duties
The term “antidumping duties” means antidumping duties imposed under section 1673 of this title or under the Antidumping Act, 1921 (title II of the Act of ; 42 Stat. 11, chapter 14).
Countervailing duties
The term “countervailing duties” means countervailing duties imposed under section 1671 of this title.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Trade Facilitation and Trade Enforcement Act of 2015
Pub. L. 114–125 title VI § 605 · 130 Stat. 122
Enacted · 19 U.S.C. § 4401
(Pub. L. 114–125, title VI, § 605, Feb. 24, 2016, 130 Stat. 187.)
Source evidence
Code source credit
(Pub. L. 114–125, title VI, § 605, Feb. 24, 2016, 130 Stat. 187.)Enacted provision · exact public law section
SEC. 605. INCLUSION OF INTEREST IN CERTAIN DISTRIBUTIONS OF ANTIDUMPING DUTIES AND COUNTERVAILING DUTIES. (a) In General.— 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. (b) Distributions Described.— 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 that— (1) were made on or before September 30, 2007; and (2) 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. (c) Interest Described.— (1) Interest realized.— Interest described in this subsection is interest earned on antidumping duties or countervailing duties 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) a customs bond pursuant to a court order or judgment; or (B) a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety. (2) Types of interest.— Interest described in paragraph (1) includes the following: (A) Interest accrued under section 778 of the Tariff Act of 1930 (19 U.S.C. 1677g). (B) Interest accrued under section 505(d) of the Tariff Act of 1930 (19 U.S.C. 1505(d)). (C) Equitable interest under common law and 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). (d) Definitions.— In this section: (1) Antidumping duties.— 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). (2) Countervailing duties.— The term “countervailing duties” means countervailing duties imposed under section 701 of the Tariff Act of 1930 (19 U.S.C. 1671).
1 of 1 references resolved to an enrolled provision
Editorial Notes
References in Text
Section 1675c of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005), referred to in subsecs. (a) and (b), means section 1675c of this title, which was repealed by Pub. L. 109–171, title VII, § 7601(a), , 120 Stat. 154, and which related to an annual distribution to certain domestic producers known as the “continued dumping and subsidy offset”. Subsec. (e) of section 1675c related to special accounts established in the Treasury of the United States for certain antidumping and countervailing duty orders and findings.
Section 822 of the Claims Resolution Act of 2010, referred to in subsec. (b)(2), is section 822 of Pub. L. 111–291, which is set out as a note under section 1675c of this title.
The Antidumping Act, 1921, referred to in subsec. (d)(1), is act May 27, 1921, ch. 14, title II, 42 Stat. 11, which was classified generally to sections 160 to 171 of this title, and was repealed by Pub. L. 96–39, title I, § 106(a), , 93 Stat. 193.