{"identifier":"/us/usc/t19/s1683","title":19,"num":"\u00a7\u202f1683.","heading":"Definitions","text":"\u00a7\u202f1683.\nDefinitions\nIn this subtitle:\n(1)\nAppropriate congressional committees\nThe term \u201cappropriate congressional committees\u201d means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.\n(2)\nCountry of export\nThe term \u201ccountry of export\u201d means the country (including any political subdivision of the country) from which softwood lumber or a softwood lumber product is exported before entering the United States.\n(3)\nCustoms laws of the United States\nThe term \u201ccustoms laws of the United States\u201d means any law or regulation enforced or administered by U.S. Customs and Border Protection.\n(4)\nExport charges\nThe term \u201cexport charges\u201d means any tax, charge, or other fee collected by the country from which softwood lumber or a softwood lumber product, described in\nsection 1683b(a) of this title\n(5)\nExport price\n(A)\nIn general\nThe term \u201cexport price\u201d means one of the following:\n(i) In the case of softwood lumber or a softwood lumber product that has undergone only primary processing, the value that would be determined F.O.B. at the facility where the product underwent the last primary processing before export.\n(ii)\n(I) In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the lumber or product underwent the last primary processing.\n(II) Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that underwent the last remanufacturing before export by a manufacturer who\u2014\n(aa) does not hold tenure rights provided by the country of export;\n(bb) did not acquire standing timber directly from the country of export; and\n(cc) is not related to the person who holds tenure rights or acquired standing timber directly from the country of export.\n(iii)\n(I) In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the product underwent the last processing before export.\n(II) Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that undergoes the last remanufacturing before export by a manufacturer who\u2014\n(aa) holds tenure rights provided by the country of export;\n(bb) acquired standing timber directly from the country of export; or\n(cc) is related to a person who holds tenure rights or acquired standing timber directly from the country of export.\n(B)\nRelated persons\nFor purposes of this paragraph, a person is related to another person if\u2014\n(i) the person bears a relationship to such other person described in\nsection 152(a) of title 26\n(ii) the person bears a relationship to such other person described in section 267(b) of such title, except that \u201c5 percent\u201d shall be substituted for \u201c50 percent\u201d each place it appears;\n(iii) the person and such other person are part of a controlled group of corporations, as that term is defined in section 1563(a) of such title, except that \u201c5 percent\u201d shall be substituted for \u201c80 percent\u201d each place it appears;\n(iv) the person is an officer or director of such other person; or\n(v) the person is the employer of such other person.\n(C)\nTenure rights\nFor purposes of this paragraph, the term \u201ctenure rights\u201d means rights to harvest timber from public land granted by the country of export.\n(D)\nExport price where F.O.B. value cannot be determined\n(i)\nIn general\nIn the case of softwood lumber or a softwood lumber product described in clause (i), (ii), or (iii) of subparagraph (A) for which an F.O.B. value cannot be determined, the export price shall be the market price for the identical lumber or product sold in an arm\u2019s-length transaction in the country of export at approximately the same time as the exported lumber or product. The market price shall be determined in the following order of preference:\n(I) The market price for the lumber or a product sold at substantially the same level of trade as the exported lumber or product but in different quantities.\n(II) The market price for the lumber or a product sold at a different level of trade than the exported lumber or product but in similar quantities.\n(III) The market price for the lumber or a product sold at a different level of trade than the exported lumber or product and in different quantities.\n(ii)\nLevel of trade\nFor purposes of clause (i), \u201clevel of trade\u201d shall be determined in the same manner as provided under section 351.412(c) of title 19, Code of Federal Regulations (as in effect on\nJanuary 1, 2008\n(6)\nF.O.B.\nThe term \u201cF.O.B.\u201d means a value consisting of all charges payable by a purchaser, including those charges incurred in the placement of merchandise on board of a conveyance for shipment, but does not include the actual shipping charges or any applicable export charges.\n(7)\nHTS\nThe term \u201cHTS\u201d means the Harmonized Tariff Schedule of the United States (\n19 U.S.C. 1202\nJanuary 1, 2008\n(8)\nPerson\nThe term \u201cperson\u201d includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to the jurisdiction of the United States.\n(9)\nUnited States\nThe term \u201cUnited States\u201d means the customs territory of the United States, as defined in General Note 2 of the HTS.","url":"https://projectusc.org/usc/t19/s1683.html","content":[{"t":"sec","id":"/us/usc/t19/s1683","children":[{"t":"num","text":"\u00a7\u202f1683."},{"t":"heading","text":"Definitions","tail":"\n"},{"t":"chapeau","text":"In this subtitle:"},{"t":"para","id":"/us/usc/t19/s1683/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"Appropriate congressional committees"},{"t":"content","children":[{"t":"p","text":"The term \u201cappropriate congressional committees\u201d means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Country of export"},{"t":"content","children":[{"t":"p","text":"The term \u201ccountry of export\u201d means the country (including any political subdivision of the country) from which softwood lumber or a softwood lumber product is exported before entering the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Customs laws of the United States"},{"t":"content","children":[{"t":"p","text":"The term \u201ccustoms laws of the United States\u201d means any law or regulation enforced or administered by U.S. Customs and Border Protection.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Export charges"},{"t":"content","children":[{"t":"p","text":"The term \u201cexport charges\u201d means any tax, charge, or other fee collected by the country from which softwood lumber or a softwood lumber product, described in ","children":[{"t":"ref","text":"section 1683b(a) of this title","href":"/us/usc/t19/s1683b/a","tail":", is exported pursuant to an international agreement entered into by that country and the United States."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/5","children":[{"t":"num","text":"(5)"},{"t":"heading","text":"Export price"},{"t":"subpara","id":"/us/usc/t19/s1683/5/A","children":[{"t":"num","text":"(A)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"The term \u201cexport price\u201d means one of the following:"},{"t":"clause","id":"/us/usc/t19/s1683/5/A/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" In the case of softwood lumber or a softwood lumber product that has undergone only primary processing, the value that would be determined F.O.B. at the facility where the product underwent the last primary processing before export.","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s1683/5/A/ii","children":[{"t":"num","text":"(ii)"},{"t":"subclause","id":"/us/usc/t19/s1683/5/A/ii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the lumber or product underwent the last primary processing.","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t19/s1683/5/A/ii/II","children":[{"t":"num","text":"(II)"},{"t":"chapeau","text":" Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that underwent the last remanufacturing before export by a manufacturer who\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" does not hold tenure rights provided by the country of export;"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" did not acquire standing timber directly from the country of export; and"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(cc)"},{"t":"content","text":" is not related to the person who holds tenure rights or acquired standing timber directly from the country of export."},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s1683/5/A/iii","children":[{"t":"num","text":"(iii)"},{"t":"subclause","id":"/us/usc/t19/s1683/5/A/iii/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the product underwent the last processing before export.","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t19/s1683/5/A/iii/II","children":[{"t":"num","text":"(II)"},{"t":"chapeau","text":" Softwood lumber or a softwood lumber product described in this subclause is lumber or a product that undergoes the last remanufacturing before export by a manufacturer who\u2014"},{"t":"num","text":"(aa)"},{"t":"content","text":" holds tenure rights provided by the country of export;"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(bb)"},{"t":"content","text":" acquired standing timber directly from the country of export; or"},{"t":"text","text":"\n","tail":"\n"},{"t":"num","text":"(cc)"},{"t":"content","text":" is related to a person who holds tenure rights or acquired standing timber directly from the country of export."},{"t":"text","text":"\n","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s1683/5/B","children":[{"t":"num","text":"(B)"},{"t":"heading","text":"Related persons"},{"t":"chapeau","text":"For purposes of this paragraph, a person is related to another person if\u2014"},{"t":"clause","id":"/us/usc/t19/s1683/5/B/i","children":[{"t":"num","text":"(i)"},{"t":"content","text":" the person bears a relationship to such other person described in ","children":[{"t":"ref","text":"section 152(a) of title 26","href":"/us/usc/t26/s152/a","tail":";"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s1683/5/B/ii","children":[{"t":"num","text":"(ii)"},{"t":"content","text":" the person bears a relationship to such other person described in section 267(b) of such title, except that \u201c5 percent\u201d shall be substituted for \u201c50 percent\u201d each place it appears;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s1683/5/B/iii","children":[{"t":"num","text":"(iii)"},{"t":"content","text":" the person and such other person are part of a controlled group of corporations, as that term is defined in section 1563(a) of such title, except that \u201c5 percent\u201d shall be substituted for \u201c80 percent\u201d each place it appears;","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s1683/5/B/iv","children":[{"t":"num","text":"(iv)"},{"t":"content","text":" the person is an officer or director of such other person; or","tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s1683/5/B/v","children":[{"t":"num","text":"(v)"},{"t":"content","text":" the person is the employer of such other person.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s1683/5/C","children":[{"t":"num","text":"(C)"},{"t":"heading","text":"Tenure rights"},{"t":"content","children":[{"t":"p","text":"For purposes of this paragraph, the term \u201ctenure rights\u201d means rights to harvest timber from public land granted by the country of export.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subpara","id":"/us/usc/t19/s1683/5/D","children":[{"t":"num","text":"(D)"},{"t":"heading","text":"Export price where F.O.B. value cannot be determined"},{"t":"clause","id":"/us/usc/t19/s1683/5/D/i","children":[{"t":"num","text":"(i)"},{"t":"heading","text":"In general"},{"t":"chapeau","text":"In the case of softwood lumber or a softwood lumber product described in clause (i), (ii), or (iii) of subparagraph (A) for which an F.O.B. value cannot be determined, the export price shall be the market price for the identical lumber or product sold in an arm\u2019s-length transaction in the country of export at approximately the same time as the exported lumber or product. The market price shall be determined in the following order of preference:"},{"t":"subclause","id":"/us/usc/t19/s1683/5/D/i/I","children":[{"t":"num","text":"(I)"},{"t":"content","text":" The market price for the lumber or a product sold at substantially the same level of trade as the exported lumber or product but in different quantities.","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t19/s1683/5/D/i/II","children":[{"t":"num","text":"(II)"},{"t":"content","text":" The market price for the lumber or a product sold at a different level of trade than the exported lumber or product but in similar quantities.","tail":"\n"}],"tail":"\n"},{"t":"subclause","id":"/us/usc/t19/s1683/5/D/i/III","children":[{"t":"num","text":"(III)"},{"t":"content","text":" The market price for the lumber or a product sold at a different level of trade than the exported lumber or product and in different quantities.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"clause","id":"/us/usc/t19/s1683/5/D/ii","children":[{"t":"num","text":"(ii)"},{"t":"heading","text":"Level of trade"},{"t":"content","children":[{"t":"p","text":"For purposes of clause (i), \u201clevel of trade\u201d shall be determined in the same manner as provided under section 351.412(c) of title 19, Code of Federal Regulations (as in effect on ","children":[{"t":"text","text":"January 1, 2008","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/6","children":[{"t":"num","text":"(6)"},{"t":"heading","text":"F.O.B."},{"t":"content","children":[{"t":"p","text":"The term \u201cF.O.B.\u201d means a value consisting of all charges payable by a purchaser, including those charges incurred in the placement of merchandise on board of a conveyance for shipment, but does not include the actual shipping charges or any applicable export charges.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/7","children":[{"t":"num","text":"(7)"},{"t":"heading","text":"HTS"},{"t":"content","children":[{"t":"p","text":"The term \u201cHTS\u201d means the Harmonized Tariff Schedule of the United States (","children":[{"t":"ref","text":"19 U.S.C. 1202","href":"/us/usc/t19/s1202","tail":") (as in effect on "},{"t":"text","text":"January 1, 2008","tail":")."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/8","children":[{"t":"num","text":"(8)"},{"t":"heading","text":"Person"},{"t":"content","children":[{"t":"p","text":"The term \u201cperson\u201d includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to the jurisdiction of the United States.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t19/s1683/9","children":[{"t":"num","text":"(9)"},{"t":"heading","text":"United States"},{"t":"content","children":[{"t":"p","text":"The term \u201cUnited States\u201d means the customs territory of the United States, as defined in General Note 2 of the HTS.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}