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iminate the likelihood of sales below ir value and that there is no likelihood resumption of the prices which preiled before such revision, or (ii) sales the United States of the merchandise we terminated and will not be resumed; whenever the Secretary concludes that ere are other changed circumstances the basis of which it may no longer appropriate to continue an antidumpg investigation, the Secretary shall blish a notice to this effect in the FEDAL REGISTER. The notice shall state e facts relied on by the Secretary in blishing the notice and that those facts e considered to be evidence that there e not and are not likely to be sales bev fair value. The notice shall also te that unless persuasive evidence or gument to the contrary is presented thin 30 days the Secretary will deterne that there are not and are not likely be sales below fair value.

ec. 407, 42 Stat. 18; 19 U.S.C. 173) [28 2. 14728, Dec. 31, 1963, as amended by T.D. 15, 29 F.R. 16321, Dec. 5, 1964]

14.8 Determination of fact or likelihood of sales at less than fair value; determination of injury; finding of dumping.

(a) Upon receipt from the Commisner of Customs of the information rered to in § 14.6(d), the Secretary of e Treasury will proceed as promptly as ssible to determine tentatively whether not the merchandise in question is in ct being, or is likely to be, sold in the ited States or elsewhere at less than fair value. As soon as possible the cretary will publish in the FEDERAL IGISTER a "Notice of Tentative Deterination," which will include a stateent of the reasons on which the ntative determination is based. Inrested persons will be given an oppornity to make such written submissions they desire, within a period which will specified in the notice, with respect to e contemplated action. Appropriate nsideration will be given to any new or Iditional information or argument subitted. If any person believes that any formation obtained by the Bureau of istoms in the course of an antidumping oceeding is inaccurate or that for any her reason the tentative determination in error, he may request in writing at the Secretary of the Treasury afrd him an opportunity to present his ews in this regard. Upon receipt of

such a request the Secretary will notify the person who supplied any information, the accuracy of which is questioned and such other person or persons, if any, as he in his discretion may deem to be appropriate. If the Secretary is satisfied that the circumstances so warrant, an opportunity will be afforded by the Secretary or his delegate for all such persons to appear, through their counsel or in person, accompanied by counsel if they so desire, to make known their respective points of view and to supply such further information or argument as may be of assistance in leading to a conclusion as to the accuracy of the information in question. The Secretary or his delegate may at any time, upon appropriate notice, invite any such person or persons as he in his discretion may deem to be appropriate to supply him orally with information or argument. As soon as possible thereafter, the Secretary will make a final determination, except that the Secretary may defer making an affirmative determination of sales below fair value during the pendency of any other antidumping proceeding which relates to the same class or kind of merchandise imported from another foreign country. The Secretary will defer making an affirmative determination only if he is satisfied that deferral is appropriate under all of the circumstances. Circumstances which the Secretary will take into consideration will include the dates on which information relating to the various antidumping proceedings came to his attention, the volume of sales involved in each proceeding, elements of hardship, if any, and probable extent of delay which deferral would entail. No determination that sales are not below fair value will be deferred because of this provision. Whenever the Secretary makes a determination of sales at less than fair value he will so advise the United States Tariff Commission.

(b) If the Tariff Commission determines that there is, or is likely to be, the injury contemplated by the statute, the Secretary of the Treasury will make the finding contemplated by section 201(a) of the Antidumping Act, 1921, as amended (19 U.S.C. 160(a)), with respect to the involved merchandise. (Secs. 201, 407, 42 Stat. 11, as amended, 18; 19 U.S.C. 160, 173) [28 F.R. 14728, Dec. 31, 1963, as amended by T.D. 56315, 29 F.R. 16327, Dec. 5, 1964]

§ 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.

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I certify that I am the exporter as defint in section 207, Antidumping Act, 1921, the merchandise covered by the aforess entry; that the merchandise is sold or agre to be sold at the price stated in the attache statement; and that, if any of such mercha dise is actually sold at any price differe from the price stated therefor in the attach statement, I will immediately notify th appraiser of all the circumstances.

The merchandise was acquired by me the following manner:

and has been sold or agreed to be to

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I certify that I am the exporter as define in section 207, Antidumping Act, 1921, of th merchandise covered by the aforesaid entr and that I have no knowledge as to any prie at which such merchandise will be sold in the United States. I hereby agree that I wi keep a record of the sales and will furnis the appraiser within 30 days after the sale a any of such merchandise a statement of ead selling price. I further agree that, if any d the merchandise has not been sold before thi expiration of 6 months from the date d

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d) If an unqualified certificate on m 4 is filed and the appraiser is satisI that no evidence can be obtained to tradict it, he shall notify the collector mptly that the shipment will be apnised without regard to the Antidump"Act and proceed to appraise the merndise in the usual manner.

e) If the importer fails to file an appriate certificate within 30 days foling notification by the appraiser that ertificate is required under paragraph

of this section, the appraiser shall coceed upon the basis of the best infortion available.

In calculating purchase price or orter's sales price, as the case may be, re shall be deducted the amount of ⚫ special dumping duties which are, will be, paid by the manufacturer, ducer, seller, or exporter, or which , or will be, refunded to the importer the manufacturer, producer, seller, exporter, either directly or indirectly,

a warranty of nonapplicability of nping duties granted to an importer h respect to merchandise which is (1) chased, or agreed to be purchased, ore publication of a "Withholding of praisement Notice" with respect to h merchandise and (2) exported bee a determination of sales below fair ue is made, will not be regarded as ecting purchase price or exporter's es price.

cs. 201, 202, 203, 204, 208, 407, 42 Stat. 11, amended, 12, 13, 14, 18; sec. 486, 46 Stat.

as amended; 19 U.S.C. 160, 161, 162, 163, ,173, 1486) [28 F.R. 14728, Dec. 31, 1963, mended by T.D. 56315, 29 F.R. 16322, Dec. 1964]

§ 14.10

Release of merchandise; bond.

(a) When the collector has received a notice of withheld appraisement provided for in § 14.9 (a), or when he has been advised of a finding provided for in § 14.8 (b), and so long as such notice or finding is in effect, he shall withhold release of any merchandise of a class or kind covered by such notice or finding which is then in his custody or is thereafter imported, unless an appropriate bond is filed or is on file, as specified hereafter in this section, or unless he is advised by the appraiser that the merchandise covered by a specified entry will be appraised without regard to the Antidumping Act.

(b) If the merchandise is of a class or kind covered by a notice of withheld appraisement provided for in § 14.9(a) or by a finding provided for in § 14.8(b), a single consumption entry bond covering the shipment, in addition to any other required bond, shall be furnished by the person making the entry or withdrawal, unless

(1) A bond is required under paragraph (c) of this section, or

(2) In cases in which there is no such requirement the collector is satisfied that the bond under which the entry was filed is sufficient. The penalty of any additional bond required under this paragraph shall be in such amount as will assure payment of any special duty that may accrue by reason of the Antidumping Act, but in no case less than $100.

(c) If the merchandise is of a class or kind covered by a finding provided for in § 14.8(b) and the importer or his agent has filed a certificate on Form 3 (§ 14.9 (c)), the bond required by section 208 of the Antidumping Act, 1921, as amended (19 U.S.C. 167), shall be on customs Form 7591. In such case, a separate bond shall be required for each entry or withdrawal, and such bond shall be in addition to any other bond required by law or regulation. The record of sales required under the conditions of the bond on customs Form 7591 shall identify the entry covering the merchandise and show the name and address of each purchaser, each selling price, and the date of each sale. The penalty of such bond shall be in an amount equal to the estimated value of the merchandise covered by the finding. (Secs. 208, 407, 42 Stat. 14, 18; 19 U.S.C. 167, 173)

§ 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 market 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(b), 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)

§ 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)

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Sec.

15.1

15.2

15.3

15.4

15.5

15.6

15.7

15.8

Casualty, loss or theft, abatement refund of duty for; application; dence; allowance.

Perishable merchandise condemnë allowance.

Abandonment of merchandise und

section 506 (1), Tariff Act of 199 Abandonment or destruction of me chandise in bond.

Destruction of prohibited articles. Disposition of abandoned mercha dise and proceeds of sale.

Excessive moisture and other t purities; application for allowand procedure.

Shortages; lost packages; deficiend in contents of packages. 15.10 Articles damaged and worthless at t time of importation.

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

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

15.1

Casualty, loss or theft, abatement or refund of duty for; application; evidence; allowance.1

(a) No abatement or refund will be ide under section 563 (a), Tariff Act -1930, as amended, unless the importer

his agent shall file within 30 days m the date of his discovery of the s. theft, injury, or destruction an plication in duplicate on customs rm 4315, and within 90 days from the d date the evidence of such loss, theft, jury, or destruction hereinafter reired is submitted.

This procedure is not applicable in the e of merchandise missing or found rthless by the appraiser and so reported in appraisement report. See §§ 15.8, 15.10, 21 18.6 of this chapter.

"In no case shall there be any abatement allowance made in the duties for any in3, deterioration, loss, or damage sustained any merchandise while remaining in cusns custody, except that the Secretary of Treasury is authorized, upon production proof satisfactory to him of the loss or eft of any merchandise while in the apuser's stores, or of the actual injury or struction, in whole or in part, of any rchandise by accidental fire or other casu, while in bonded warehouse, or in the praiser's stores, or while in transportation der bond, or while in the custody of the cers of the customs, although not in bond, while within the limits of any port of try and before having been landed under e supervision of the officers of the cusns, to abate or refund, as the case may the duties upon such merchandise, in iole or in part, and to pay any such refund t of any moneys in the Treasury not otherse appropriated, and to cancel any wareuse bond or bonds, or enter satisfaction ereon in whole or in part, as the case may , but no abatement or refund shall be ide in respect of injury or destruction of y merchandise in bonded warehouse ocring after the expiration of three years m the date of importation. The decision the Secretary of the Treasury as to the atement or refund of the duties on any ch merchandise shall be final and conisive upon all persons.

The Secretary of the Treasury is authored to prescribe such regulations as he may em necessary to carry out the provisions this subdivision and he may by such gulations limit the time within which proof loss, theft, injury, or destruction shall submitted, and may provide for the atement or refund of duties, as authorized rein, by collectors of customs in cases in hich the amount of the abatement or reand claimed is less than $25 and in which le importer has agreed to abide by the

(b) The application and evidence shall be filled with the collector of customs at the port where the loss, theft, injury, or destruction occurred. In the case of total loss by fire or other casualty of merchandise while in transportation under bond, the application and evidence shall be filed at the port at which the transportation entry was made. In the case of partial destruction of or injury to such merchandise, the application and evidence shall be filled with the collector at the port of destination, unless the merchandise is returned to the port at which the transportation entry was made, in which case the application shall be filed at that port. In the case of partial destruction or injury, no application shall be entertained unless the appraiser shall have had an opportunity to examine the merchandise or the remainder thereof for the purpose of fixing the percentage of injury or destruction. Whether the duty involved is ad valorem, specific, or compound, the percentage of injury for the purpose of the allowance shall be determined by comparing the market value of comparable sound merchandise with the net salvage value of the injured merchandise computed on the basis of the market value of comparable injured merchandise, such comparison to be made as of the time and place of examination.

(c) In the case of alleged loss or theft while the merchandise is in the appraiser's stores, there shall be filed a declaration of the importer, owner, or ultimate consignee that he did not reIceive the merchandise and that to the best of his knowledge and belief it was lost or stolen as alleged in the application. In case the alleged loss or theft consisted of only a part of an examination package and was discovered after the release of the package from customs

decision of the collector. The decision of the collector in any such case shall be final and conclusive upon all persons.

"Any case pending before the United States Customs Court upon the effective date of this Act, under the provisions of section 563 of the Tariff Act of 1922, may, with the consent of the parties and the permission of the court, be transferred to the Secretary of the Treasury, or to the collector, for consideration and final determination in accordance with the provisions of this subdivision." (Tariff Act of 1930, sec. 563 (a) as amended; 19 U. S. C. 1563 (a))

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