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"(iii) is incidental to other engineering, development, artwork, design work, or plans or sketches that are undertaken within the United

States.

"(C) For purposes of this section, the following apply in determining the value of assists described in subparagraph (A)(iv):

"(i) The value of an assist that is available in the public domain is the cost of obtaining copies of the assist.

"(ii) If the production of an assist occurred in the United States and one or more foreign coun

tries, the value of the assist is the value thereof that is added outside the United States.

"(2) The term 'identical merchandise' means

"(A) merchandise that is identical in all respects to, and was produced in the same country and by the same person as, the merchandise being appraised; or

"(B) if merchandise meeting the requirements under subparagraph (A) cannot be found (or for purposes of applying subsection (b)(2)(B) (i), regardless of whether merchandise meeting such requirements can be found), merchandise that is identical in all respects to, and was produced in

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the same country as, but not produced by the

same person as, the merchandise being appraised. Such term does not include merchandise that incorporates or reflects any engineering, development, artwork, design work, or plan or sketch that—

"(I) was supplied free or at reduced cost by the buyer of the merchandise for use in connection with the production or the sale for export to the United States of the merchandise; and

"(II) is not an assist because undertaken

within the United States.

"(3) The term 'packing costs' means the cost of

all containers and coverings of whatever nature and of packing, whether for labor or materials, used in placing merchandise in condition, packed ready for shipment to the United States.

"(4) The term 'similar merchandise' means

"(A) merchandise that

"(i) was produced in the same country and by the same person as the merchandise

being appraised,

"(ii) is like the merchandise being appraised in characteristics and component ma

terial, and

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"(iii) is commercially interchangeable with the merchandise being appraised; or

"(B) if merchandise meeting the require

ments under subparagraph (A) cannot be found (or for purposes of applying subsection (b)(2)(B)(i), regardless of whether merchandise meeting such requirements can be found), merchandise that

"(i) was produced in the same country as, but not produced by the same person as, the merchandise being appraised, and

"(ii) meets the requirement set forth in subparagraph (A) (ii) and (iii).

Such term does not include merchandise that incorporeflects any engineering, development,

rates or

artwork, design work, or plan or sketch that

"(I) was supplied free or at reduced cost by the buyer of the merchandise for use in connection with the production or the sale for export to

the United States of the merchandise; and

"(II) is not an assist because undertaken

within the United States.

"(5) The term 'sufficient information', when required under this section for determining

"(A) any amount

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“(i) added under subsection (b)(1) to the

price actually paid or payable,

"(ii) deducted under subsection (d)(3) as

profit or general expense or value from fur

ther processing, or

"(iii) added under subsection (e)(2) as profit or general expense;

"(B) any difference taken into account for

purposes of subsection (b)(2)(C); or

"(C) any adjustment made under subsection (c)(2);

means information that establishes the accuracy of

such amount, difference, or adjustment.".

(b) REPEAL OF EXISTING ALTERNATIVE VALUATION

15 STANDARDS.-Section 402a of the Tariff Act of 1930 (19

16 U.S.C. 1402) is repealed.

17 SEC. 202. CONFORMING AMENDMENTS.

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(a) TARIFF ACT OF 1930.-The Tariff Act of 1930 (19

19 U.S.C. 1202 et seq.) is amended as follows:

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(1) Paragraph (2) of section 332(e) is amended to read as follows:

"(2) The term 'import cost' means the transaction value of the imported merchandise determined in accordance with section 402(b) plus, when not included in the transaction value, all necessary expenses, exclu

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sive of customs duties, of bringing such merchandise to

the United States.".

(2) Section 336 is amended

(A) by striking out subsection (b);

(B) by striking out "or in basis of value" in each of subsections (c), (d), (f), and (k); and

(C) by striking out subsection (j).

(3) Paragraph (2)(D)(ii) of section 351(a) is amended by striking out "or 402(a)".

(4) Paragraph (a) of section 500 is amended to

read as follows:

"(a) appraise merchandise by ascertaining or estimating the value thereof, under section 402, by all reasonable ways and means in his power, any statement of cost or costs of production in any invoice, affidavit, declaration, other document to the contrary notwithstanding;".

(b) TARIFF SCHEDULES OF THE UNITED STATES.19 The Tariff Schedules of the United States (19 U.S.C. 1202)

20 are further amended as follows:

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(1) General headnote 6(b)(i) is amended by striking out "or section 402a".

(2) Each of the following headnotes is amended by striking out "or 402a" wherever it appears therein:

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