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iminate the likelihood of sales below such a request the Secretary will notify ir value and that there is no likelihood the person who supplied any informa

resumption of the prices which pre- tion, the accuracy of which is questioned iled before such revision, or (ii) sales and such other person or persons, if any, the United States of the merchandise as he in his discretion may deem to be ve terminated and will not be resumed; appropriate. If the Secretary is satiswhenever the Secretary concludes that fied that the circumstances so warrant, ere are other changed circumstances an opportunity will be afforded by the

the basis of which it may no longer Secretary or his delegate for all such perappropriate to continue an antidump- sons to appear, through their counsel $ investigation, the Secretary shall or in person, accompanied by counsel if blish a notice to this effect in the FED- they so desire, to make known their reAL REGISTER. The notice shall state spective points of view and to supply e facts relied on by the Secretary in such further information or argument blishing the notice and that those facts as may be of assistance in leading to a e considered to be evidence that there conclusion as to the accuracy of the e not and are not likely to be sales be- information in question. The Secretary v fair value. The notice shall also or his delegate may at any time, upon ate that unless persuasive evidence or appropriate notice, invite any such pergument to the contrary is presented son or persons as he in his discretion thin 30 days the Secretary will deter- may deem to be appropriate to supply ne that there are not and are not likely him orally with information or argube sales below fair value.

ment. As soon as possible thereafter, ec. 407, 42 Stat. 18; 19 U.S.C. 173) [28

the Secretary will make a final determi2. 14728, Dec. 31, 1963, as amended by T.D. nation, except that the Secretary may 315, 29 F.R. 16321, Dec. 5, 1964)

defer making an affirmative determina

tion of sales below fair value during the 14.8 Determination of factor likeli

pendency of any other antidumping prohood of sales at less than fair value; determination of injury; finding of

ceeding which relates to the same class dumping.

or kind of merchandise imported from

another foreign country. The Secre(a) Upon receipt from the Commis- tary will defer making an affirmative deiner of Customs of the information re- termination only if he is satisfied that cred to in $ 14.6(d), the Secretary of deferral is appropriate under all of the e Treasury will proceed as promptly as circumstances. Circumstances which ssible to determine tentatively whether the Secretary will take into consideration not the merchandise in question is in will include the dates on which informact being, or is likely to be, sold in the tion relating to the various antidumping uited States or elsewhere at less than proceedings came to his attention, the

fair value. As soon as possible the volume of sales involved in each procretary will publish in the FEDERAL ceeding, elements of hardship, if any, IGISTER a “Notice of Tentative Deter- and probable extent of delay which deination," which will include a state- ferral would entail. No determination ent of the reasons on which the

that sales are not below fair value will ntative determination is based. In

be deferred because of this provision. rested persons will be given an oppor

Whenever the Secretary makes a deternity to make such written submissions

mination of sales at less than fair value they desire, within a period which will

he will so advise the United States Tariff specified in the notice, with respect to

Commission. e contemplated action. Appropriate

(b) If the Tariff Commission deternsideration will be given to any new or

mines that there is, or is likely to be, Iditional information or argument subitted. If any person believes that any

the injury contemplated by the statute,

the Secretary of the Treasury will make formation obtained by the Bureau of istoms in the course of an antidumping

the finding contemplated by section oceeding is inaccurate or that for any

201(a) of the Antidumping Act, 1921, her reason the tentative determination

as amended (19 U.S.C. 160(a)), with in error, he may request in writing

respect to the involved merchandise.

(Secs. 201, 407, 42 Stat. 11, as amended, 18; at the Secretary of the Treasury af

19 U.S.C. 160, 173) [28 F.R. 14728, Dec. 31, rd him an opportunity to present his

1963, as amended by T.D. 56315, 29 F.R. 16327, ews in this regard. Upon receipt of Dec. 5, 1964)

Form 1.

NONEXPORTER'S CERTDFICATE
ANTIDUMPING ACT, 1921

Port of
Date

10. Re: Entry No.

dated

19. Import carrier:

Arrived 19--. I certify that I am not the exporter as di fined in section 207, Antidumping Act. 19 of the merchandise covered by the aforesa entry. I further certify that the merchsi dise was purchased for importato by on

19--, and that the purchase price is

(Signed)

Form 2.

8 14.9 Action by the appraiser.

(a) Upon receipt of advice from the Commissioner of Customs pursuant to $ 14.6(e), if the Commissioner's “Withholding of Appraisement Notice" shall specify that the proper basis of comparison for fair value purposes is exporter's sales price or if that notice does not specify the appropriate basis of comparison for fair value purposes, each appraiser shall withhold appraisement as to such merchandise entered, or withdrawn from warehouse, for consumption, on any date after the 120th day before the question of dumping was raised by or presented to the Secretary of the Treasury or his delegate. If the Commissioner's “Withholding of Appraisement Notice,” including any supplementary notice, shall specify that the proper basis of comparison for fair value purposes is purchase price, the appraiser shall withhold appraisement as to such merchandise entered, or withdrawn from warehouse, for consumption, after the date of publication of the “Withholding of Appraisement Notice." Each appraiser shall notify the collector and importer immediately of each lot of merchandise with respect to which appraisement is so withheld. Upon advice of a finding made in accordance with $ 14.8 (b), the appraiser shall give immediate notice thereof to the collector and the importer when any shipment subject thereto is imported after the date of the finding and information is not on hand for completion of appraisement of such shipment. Customs Form 6459 shall be used to notify the collector and importer whenever appraisement is withheld under this paragraph.

(b) If, before a finding of dumping has been made, or before a case has been closed without a finding of dumping, the appraiser is satisfied by information furnished by the importer or otherwise that the purchase price or exporter's sales price, in respect of any shipment, is not less than foreign market value (or, in the absence of such value, than the constructed value), he shall so advise the Commissioner and request authorization to proceed with his appraisement of that shipment in the usual manner.

(c) If a finding of dumping has been made, the appraiser shall require the importer or his agent to file a certificate of the importer on the appropriate one of the following forms. A separate certificate shall be required for each shipment.

EXPORTER'S CERTIFICATE WHEN SALES PRICs

KNOWN
ANTIDUMPING ACT, 1921

Port of
Date

19. Re: Entry No.

dated

191 Import carrier:

-- Arrived 19... I certify that I am the exporter as define in section 207, Antidumping Act, 1921, the merchandise covered by the aforesai entry; that the merchandise is sold or agre to be sold at the price stated in the attacht statement; and that, if any of such merchai dise is actually sold at any price differet from the price stated therefor in the attache statement, I will immediately notify appraiser of all the circumstances.

The merchandise was acquired by me the following manner:

and has been sold or agreed to be sd to

(Name and address) at

(Price)

(Signed) Form 3 EXPORTER'S CERTIFICATE WHEN SALES PRI!

IS NOT KNOWN

ANTIDUMPING ACT, 1921

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Port of
Date

19, Re: Entry No. dated

19. Import carrier:

Arrived 19.-. I certify that I am the exporter as define in section 207, Antidumping Act, 1921, of the merchandise covered by the aforesaid entry and that I have no knowledge as to any prio at which such merchandise will be sold in the United States. I hereby agree that I keep a record of the sales and will furnis the appraiser within 30 days after the sale any of such merchandise a statement of esa selling price. I further agree that, If any e the merchandise has not been sold before the expiration of 6 months from the date a

19

19.

ry. I will so report to the appraiser upon § 14.10 Release of merchandise; bond. b expiration date. be merchandise was acquired by me in

(a) When the collector has received following manner:

a notice of withheld appraisement pro

vided for in g 14.9(a), or when he has (Signed)

been advised of a finding provided for in n 4

$ 14.8(b), and so long as such notice or ORTER'S CERTIFICATE WHEN MERCHANDISE änding is in effect, he shall withhold reIs NOT, AND WILL NOT BE, SOLD lease of any merchandise of a class or ANTIDUMPING ACT, 1921

kind covered by such notice or finding

which is then in his custody or is therePort of

after imported, unless an appropriate Date Entry No. ------, dated

bond is filed or is on file, as specified ort carrier: -- Arrived

hereafter in this section, or unless he is 19.-.

advised by the appraiser that the mercertify that I am the exporter as defined

chandise covered by a specified entry ection 207, Antidumping Act, 1921, of the will be appraised without regard to the chandise covered by the aforesaid entry, Antidumping Act. that such merchandise has not been, and (b) If the merchandise is of a class or not be, sold in the United States for the

kind covered by a notice of withheld apswing reason:

praisement provided for in § 14.9(a) or (Signed)

by a finding provided for in § 14.8(b), a d) If an unqualified certificate on single consumption entry bond covering m 4 is filed and the appraiser is satis- the shipment, in addition to any other I that no evidence can be obtained to required bond, shall be furnished by the tradict it, he shall notify the collector person making the entry or withdrawal, mptly that the shipment will be ap- unless ised without regard to the Antidump- (1) A bond is required under paraAct and proceed to appraise the mer- graph (c) of this section, or ndise in the usual manner.

(2) In cases in which there is no such e) If the importer fails to file an ap- requirement the collector is satisfied that priate certificate within 30 days fol- the bond under which the entry was filed ing notification by the appraiser that is sufficient. The penalty of any addiertificate is required under paragraph tional bond required under this para

of this section, the appraiser shall graph shall be in such amount as will ceed upon the basis of the best infor- assure payment of any special duty that tion available.

may accrue by reason of the Antidump1) In calculating purchase price or ing Act, but in no case less than $100. orter's sales price, as the case may be, (c) If the merchandise is of a class re shall be deducted the amount of or kind covered by a finding provided : special dumping duties which are, for in § 14.8(b) and the importer or his will be, paid by the manufacturer, agent has filed a certificate on Form 3 ducer, seller, or exporter, or which

(§ 14.9(c)), the bond required by section , or will be refunded to the importer

208 of the Antidumping Act, 1921, as the manufacturer, producer, seller,

amended (19 U.S.C. 167), shall be on exporter, either directly or indirectly,

customs Form 7591. In such case, a a warranty of nonapplicability of nping duties granted to an importer

separate bond shall be required for each h respect to merchandise which is (1) entry or withdrawal, and such bond shall 'chased, or agreed to be purchased,

be in addition to any other bond reore publication of a "Withholding of quired by law or regulation. The recpraisement Notice" with respect to ord of sales required under the condih merchandise and (2) exported be- tions of the bond on customs Form 7591 e a determination of sales below fair shall identify the entry covering the ue is made, will not be regarded as merchandise and show the name and ecting purchase price or exporter's address of each purchaser, each selling es price.

price, and the date of each sale. The cs. 201, 202, 203, 204, 208, 407, 42 Stat. 11, penalty of such bond shall be in an amended, 12, 13, 14, 18; sec. 486, 46 Stat.

amount equal to the estimated value of , as amended; 19 U.S.C. 160, 161, 162, 163, 173, 1486) (28 F.R. 14728, Dec. 31, 1963,

the merchandise covered by the finding. imended by T.D. 56315, 29 F.R. 16322, Dec. (Secs. 208, 407, 42 Stat. 14, 18; 19 U.S.O. 167, 964)

173)

.

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8 14.11 Conversion of currencies.

In determining the existence and amount of any difference between the purchase price or exporter's sales price and the foreign niarket value (or, in the absence of such value, the constructed value) for the purposes of $ 14.7, or of 201(b) or 202(a) of the Antidumping Act, 1921, as amended (19 U.S.C. 160(6), 161(a)), any necessary conversion of a foreign currency into its equivalent in United States currency shall be made in accordance with the provisions of section 522, Tariff Act of 1930, as amended (31 U.S.C. 372) and $ 16.4 of this chapter, (a) as of the date of purchase or agreement to purchase, if the purchase price is an element of the comparison, or (b) as of the date of exportation, if the exporter's sales price is an element of the comparison. (Secs. 201, 202, 407, 42 Stat. 11, as amended, 18; 19 U.S.C. 160, 161, 173) 8 14.12 Modification or revocation of

finding. An application for the modification or revocation of any finding made as provided for in $ 14.8(b) will receive due consideration if submitted in writing to the Commissioner of Customs together with detailed information concerning any change in circumstances or practice which has obtained for a substantial period of time, or other reasons, which the applicant believes will establish that the basis for the finding no longer exists with respect to all or any part of the merchandise covered thereby. Notice of intent to modify or revoke a finding will be published by the Secretary in the FEDERAL REGISTER. Comments received from interested parties within 30 days following date of publication will be given consideration. (Secs. 201, 407, 42 Stat. 11, as amended, 18; 19 U.S.C. 160, 173) § 14.13 Publication of findings.

(a) Each determination made in accordance with $ 14.8(a), whether such determination is in the affirmative or in the negative, and each finding made in accordance with $ 14.8(b), will be published in the FEDERAL REGISTER, together with a statement of the reasons therefor. Findings made in accordance with $ 14.8 (b) will be published also in a weekly issue of the Treasury Decisions.

PART 15-RELIEF FROM DUTIES

MERCHANDISE LOST, STOLEN, DE
STROYED, INJURED, ABANDONE
OR SHORT-SHIPPED

Sec. 15.1 Casualty, loss or theft, abatement

refund of duty for; application;

dence; allowance. 15.2 Perishable merchandise condemne

allowance. 15.3 Abandonment of merchandise und

section 506 (1), Tariff Act of 191 15.4 Abandonment or destruction of me

chandise in bond. 15.5 Destruction of prohibited articles. 15.6 Disposition of abandoned mercha

dise and proceeds of sale. 16.7 Excessive moisture and other

purities; application for allowano

procedure. 15.8 Shortages; lost packages; deficiend

in contents of packages. 15.10 Articles damaged and worthless att

time of importation. AUTHORITY: The provisions of this Part 1 issued under R.S. 251, sec. 624, 46 Stat. 73 sec. 101, 76 Stat. 72; 19 U.S.C. 66, 1624, GO Hdnote. 11, Tariff Schedules of the Uni States, except as otherwise noted.

SOURCE: The provisions of this Part 15 pear at 28 F.R. 14740, Dec. 31, 1963, una otherwise noted.

15.1 Casualty, loss or theft, abatement (b) The application and evidence shall

or refund of duty for; application; be filed with the collector of customs at evidence; allowance.'

the port where the loss, theft, injury, or (a) No abatement or refund will be

destruction occurred. In the case of ide under section 563(a), Tariff Act

total loss by fire or other casualty of

merchandise while in transportation un1930, as amended, unless the importer his agent shall file within 30 days

der bond, the application and evidence im the date of his discovery of the

shall be filed at the port at which the s, theft, injury, or destruction an

transportation entry was made. In the plication in duplicate on

case of partial destruction of or injury

customs rm 4315, and within 90 days from the

to such merchandise, the application and d date the evidence of such loss, theft,

evidence shall be filed with the collector jury, or destruction hereinafter re

at the port of destination, unless the ired is submitted.

merchandise is returned to the port at

which the transportation entry was This procedure is not applicable in the

made, in which case the application shall e of merchandise missing or found

be filed at that port. In the case of rthless by the appraiser and so reported in partial destruction or injury, no appli

appraisement report. See $8 15.8, 15.10, cation shall be entertained unless the ap1 18.6 of this chapter. "In no case shall there be any abatement

praiser shall have had an opportunity allowance made in the duties for any in

to examine the merchandise or the rey, deterioration, loss, or damage sustained mainder thereof for the purpose of fixing any merchandise while remaining in cus- the percentage of injury or destruction. ns custody, except that the Secretary of

Whether the duty involved is ad valorem, • Treasury is authorized, upon production proof satisfactory to him of the 1068 or

specific, or compound, the percentage of oft of any merchandise while in the ap- injury for the purpose of the allowance user's stores, or of the actual injury or shall be determined by comparing the struction, in whole or in part, of any market value of comparable sound merirchandise by accidental fire or other casu3. while in bonded warehouse, or in the

chandise with the net salvage value of praiser's stores, or while in transportation

the injured merchandise computed on der bond, or while in the custody of the the basis of the market value of comcers of the customs, although not in bond,

parable injured merchandise, such comwhile within the limits of any port of try and before having been landed under

parison to be made as of the time and # supervision of the officers of the cus- place of examination. ns, to abate or refund, as the case may (c) In the case of alleged loss or theft , the duties upon such merchandise, in while the merchandise is in the aprole or in part, and to pay any such refund t of any moneys in the Treasury not other

praiser's stores, there shall be filed a se appropriated, and to cancel any ware

declaration of the importer, owner, or use bond or bonds, or enter satisfaction ultimate consignee that he did not reereon in whole or in part, as the case may ceive the merchandise and that to the but no abatement or refund shall be

best of his kno:vledge and belief it was ide in respect of injury or destruction of y merchandise in bonded warehouse oc

lost or stolen as alleged in the applicaring after the expiration of three years

tion. In case the alleged 'oss or theft im the date of importation. The decision consisted of only a part of an examina

the Secretary of the Treasury as to the tion package and was discovered after atement or refund of the duties on any the release of the package from customs ch merchandise shall be final and conisive upon all persons.

decision of the collector. The decision of "The Secretary of the Treasury is author- the collector in any such case shall be final d to prescribe such regulations as he may and conclusive upon all persons. em necessary to carry out the provisions "Any case pending before the United

this subdivision and he may by such States Customs Court upon the effective date gulations limit the time within which proof

of this Act, under the provisions of section loss, theft, injury, or destruction shall

563 of the Tariff Act of 1922, may, with the submitted, and may provide for the

consent of the parties and the permission of

the court, be transferred to the Secretary of atement or refund of duties, as authorized

the Treasury, or to the collector, for considerrein, by collectors of customs in cases in

ation and final determination in accordance hich the amount of the abatement or re- with the provisions (if this subdivision." ind claimed is less than $25 and in which (Tariff Act of 1930, soc. 563 (a) as amended; te importer has agreed to abide by the 19 U. S. C. 1669 (a))

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