19 U.S.C. § 4401
Sections in this chapter
- § 4301
- § 4311
- § 4312
- § 4313
- § 4314
- § 4315
- § 4316
- § 4317
- § 4318
- § 4319
- § 4320
- § 4321
- § 4322
- § 4323
- § 4331
- § 4332
- § 4333
- § 4341
- § 4342
- § 4343
- § 4344
- § 4345
- § 4346
- § 4347
- § 4348
- § 4349
- § 4350
- § 4361
- § 4362
- § 4371
- § 4372
- § 4373
- § 4374
- § 4375
- § 4391
- § 4392
- § 4401
- § 4402
- § 4403
- § 4404
- § 4405
- § 4421
- § 4422
- § 4431
- § 4432
- § 4433
- § 4434
- § 4435
- § 4436
- § 4451
- § 4452
- § 4453
- § 4454
§ 4401. Inclusion of interest in certain distributions of antidumping duties and countervailing duties
- (a) The Secretary of Homeland Security shall deposit all interest described in subsection (c) into the special account established under section 1675c(e) of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 154 )) for inclusion in distributions described in subsection (b) made on or after February 24, 2016 .
- (b) Distributions described in this subsection are distributions of antidumping duties and countervailing duties assessed on or after October 1, 2000 , that are made under section 1675c of this title (repealed by subtitle F of title VII of the Deficit Reduction Act of 2005 ( Public Law 109–171 ; 120 Stat. 154 )), with respect to entries of merchandise that—
- (1) were made on or before September 30, 2007 ; and
- (2) were, in accordance with section 822 of the Claims Resolution Act of 2010 ( 19 U.S.C. 1675c note), unliquidated, not in litigation, and not under an order of liquidation from the Department of Commerce on December 8, 2010 .
- (c)
- (1) Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized through application of a payment received on or after October 1, 2014 , by U.S. Customs and Border Protection under, or in connection with—
- (A) a customs bond pursuant to a court order or judgment; or
- (B) a settlement with respect to a customs bond, including any payment made to U.S. Customs and Border Protection with respect to that bond by a surety.
- (2) Interest described in paragraph (1) includes the following:
- (A) Interest accrued under section 1677g of this title .
- (B) Interest accrued under section 1505(d) of this title .
- (C) Equitable interest under common law and interest under section 580 of this title awarded by a court against a surety under its bond for late payment of antidumping duties, countervailing duties, or interest described in subparagraph (A) or (B).
- (1) Interest described in this subsection is interest earned on antidumping duties or countervailing duties described in subsection (b) that is realized through application of a payment received on or after October 1, 2014 , by U.S. Customs and Border Protection under, or in connection with—
- (d) In this section:
- (1) The term “antidumping duties” means antidumping duties imposed under section 1673 of this title or under the Antidumping Act, 1921 (title II of the Act of May 27, 1921 ; 42 Stat. 11 , chapter 14).
- (2) The term “countervailing duties” means countervailing duties imposed under section 1671 of this title .
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