Establishment of softwood lumber importer declaration program

Source Credit

(a) Establishment of program
(1) In general
The President shall establish and maintain an importer declaration program with respect to the importation of softwood lumber and softwood lumber products described in section 1683b(a) of this title. The importer declaration program shall require importers of softwood lumber and softwood lumber products described in section 1683b(a) of this title to provide the information required under subsection (b) and declare the information required by subsection (c), and require that such information accompany the entry summary documentation.
(2) Electronic record
The President shall establish an electronic record that includes the importer information required under subsection (b) and the declarations required under subsection (c).
(b) Required information
The President shall require the following information to be submitted by any person seeking to import softwood lumber or softwood lumber products described in section 1683b(a) of this title:
(1) The export price for each shipment of softwood lumber or softwood lumber products.
(2) The estimated export charge, if any, applicable to each shipment of softwood lumber or softwood lumber products as calculated by applying the percentage determined and published by the Under Secretary for International Trade of the Department of Commerce pursuant to section 1683c of this title to the export price provided in subsection (b)(1).
(c) Importer declarations
Pursuant to procedures prescribed by the President, any person seeking to import softwood lumber or softwood lumber products described in section 1683b(a) of this title shall declare that—
(1) the person has made appropriate inquiry, including seeking appropriate documentation from the exporter and consulting the determinations published by the Under Secretary for International Trade of the Department of Commerce pursuant to section 1683c(b) of this title; and
(2) to the best of the person's knowledge and belief—
(A) the export price provided pursuant to subsection (b)(1) is determined in accordance with the definition provided in section 1683(5) of this title;
(B) the export price provided pursuant to subsection (b)(1) is consistent with the export price provided on the export permit, if any, granted by the country of export; and
(C) the exporter has paid, or committed to pay, all export charges due—
(i) in accordance with the volume, export price, and export charge rate or rates, if any, as calculated under an international agreement entered into by the country of export and the United States; and
(ii) consistent with the export charge determinations published by the Under Secretary for International Trade pursuant to section 1683c(b) of this title.

History

(June 17, 1930, ch. 497, title VIII, §803, as added Pub. L. 110–246, title III, §3301(a), June 18, 2008, 122 Stat. 1847.)

Editorial Notes

Editorial Notes

References in Text
Section 1683 of this title, referred to in subsec. (c)(2)(A), was in the original section "802", and was translated as meaning the section 802 of act June 17, 1930, as added by section 3301(a) of Pub. L. 110–246, to reflect the probable intent of Congress.

Codification
Another section 803 of act June 17, 1930, is classified to section 1681b of this title.

Statutory Notes and Related Subsidiaries

Effective Date
Section effective 60 days after June 18, 2008, see section 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title.