1 2 3 4 131 mined by the President, be a country under the Agreement (within the meaning of section 701(b) of such Act), which is in effect on September 29, 1979, shall remain in effect until whichever of the following dates first occurs: "(i) The date on which the United Trade Commission makes a determination under section 104 of the Trade Agreements Act of 1979. 5 6 7 States International 8 9 10 11 12 13 14 15 "(ii) The date such determination is re voked under paragraph (3). “(iii) The date of adoption of a resolu tion of disapproval of such determination under subsection (e)(2).". (b) EFFECTIVE DATE.-The amendment made by sub 16 section (a) shall take effect on the date of enactment of this 17 Act. 18 SEC. 106. CONFORMING CHANGES. 19 (a) REPEAL OF OLD LAW.-The Antidumping Act, 20 1921 (19 U.S.C. 160 et seq.) is hereby repealed but findings 21 in effect on the effective date of this Act, or issued pursuant 22 to court order in an action brought before that date, shall 23 remain in effect, subject to review under section 751 of the 24 Tariff Act of 1930. 25 (b) CONFORMING AMENDMENTS.— 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 132 (1) Section 337(b)(3) of the Tariff Act of 1930 (19 U.S.C. 1337(b)(3)) is amended by striking out "the An tidumping Act, 1921" and inserting in lieu thereof "subtitle B of title VII of the Tariff Act of 1930". (2) Section 516(a) of the Tariff Act of 1930 (19 U.S.C. 1516(a)) is amended by striking out "section 202 of the Antidumping Act, 1921" and inserting in lieu thereof "subtitle B of title VII of the Tariff Act of 1930". (3) Section 503 of the Automotive Products Trade Act of 1965 (19 U.S.C. 2033) is amended by striking "the Anti-Dumping Act, 1921 (19 U.S.C. 160-173)" and inserting in lieu thereof "subtitle B of title VII of the Tariff Act of 1930,". (4) Section 201(b)(6) of the Trade Act of 1974 (19 U.S.C. 2251(b)(6)) is amended by striking out "the Antidumping Act, 1921, section 303 or 337," and inserting in lieu thereof subtitles A and B of title VII or section 337. 20 SEC. 107. EFFECTIVE DATE. 21 Except as otherwise provided in this title, this title and 22 the amendments made by it shall take effect on January 1, 23 1980, if 24 25 (1) the Agreement on Interpretation and Applica tion of Articles VI, XVI, and XXIII of the General 1 2 3 4 5 133 Agreement on Tariffs and Trade (relating to subsidies and countervailing measures), and (2) the Agreement on Implementation of Article VI of the General Agreement on Tariffs and Trade (re lating to antidumping measures), 6 approved by the Congress under section 2(a) of this Act have 7 entered into force with respect to the United States as of that 8 date. 9 10 TITLE II-CUSTOMS VALUATION Subtitle A-Valuation Standards Amendments 11 SEC. 201. VALUATION OF IMPORTED MERCHANDISE. 12 (a) VALUATION STANDARDS.-Section 402 of the 13 Tariff Act of 1930 (19 U.S.C. 1401a) is amended to read as 14 follows: 15 "SEC. 402. VALUE. 16 “(a) IN GENERAL.-(1) Except as otherwise specifically 17 provided for in this Act, imported merchandise shall be ap18 praised, for the purposes of this Act, on the basis of the 19 following: 20 21 22 23 24 "(A) The transaction value provided for under subsection (b). "(B) The transaction value of identical merchandise provided for under subsection (c), if the value re ferred to in subparagraph (A) cannot be determined, or 134 1. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 can be determined but cannot be used by reason of subsection (b)(2). "(C) The transaction value of similar merchandise provided for under subsection (c), if the value referred to in subparagraph (B) cannot be determined. "(D) The deductive value provided for under subsection (d), if the value referred to in subparagraph (C) cannot be determined and if the importer does not request alternative valuation under paragraph (2). “(E) The computed value provided for under subsection (e), if the value referred to in subparagraph (D) cannot be determined. "(F) The value provided for under subsection (f), if the value referred to in subparagraph (E) cannot be determined. "(2) If the value referred to in paragraph (1)(C) cannot 17 be determined with respect to imported merchandise, the 18 merchandise shall be appraised on the basis of the computed 19 value provided for under paragraph (1)(E), rather than the 20 deductive value provided for under paragraph (1)(D), if the 21 importer makes a request to that effect to the customs officer 22 concerned within such time as the Secretary shall prescribe. 23 If the computed value of the merchandise cannot subsequent24 ly be determined, the merchandise may not be appraised on 25 the basis of the value referred to in paragraph (1)(F) unless 135 1 the deductive value of the merchandise cannot be determined 2 under paragraph (1)(D). 3 “(3) Upon written request therefor by the importer of 4 merchandise, and subject to provisions of law regarding the 5 disclosure of information, the customs officer concerned shall 6 provide the importer with a written explanation of how the 7 value of that merchandise was determined under this section. "(b) TRANSACTION VALUE OF IMPORTED MERCHAN9 DISE. (1) The transaction value of imported merchandise is 10 the price actually paid or payable for the merchandise when 11 sold for exportation to the United States, plus amounts equal 12 to 8 13 14 15 16 17 18 19 2 20 “(A) the packing costs incurred by the buyer with respect to the imported merchandise; "(B) any selling commission incurred by the buyer with respect to the imported merchandise; assist; "(C) the value, apportioned as appropriate, of any "(D) any royalty or license fee related to the imported merchandise that the buyer is required to pay, 21 directly or indirectly, as a condition of the sale of the 223 imported merchandise for exportation to the United States; and |