§ 1683 — Definitions

In this subtitle: (1) The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) The term “country of export” 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. (3) The term “customs laws of the United States” means any law or regulation enforced or administered by U.S. Customs and Border Protection. (4) The term “export charges” means any tax, charge, or other fee collected by the country from which softwood lumber or a softwood lumber product, described in section 1683b(a) of this title, is exported pursuant to an international agreement entered into by that country and the United States. (A) The term “export price” means one of the following: (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. (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. (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— (aa) does not hold tenure rights provided by the country of export; (bb) did not acquire standing timber directly from the country of export; and (cc) is not related to the person who holds tenure rights or acquired standing timber directly from the country of export. (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. (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— (aa) holds tenure rights provided by the country of export; (bb) acquired standing timber directly from the country of export; or (cc) is related to a person who holds tenure rights or acquired standing timber directly from the country of export. (B) For purposes of this paragraph, a person is related to another person if— (i) the person bears a relationship to such other person described in section 152(a) of title 26; (ii) the person bears a relationship to such other person described in section 267(b) of such title, except that “5 percent” shall be substituted for “50 percent” each place it appears; (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 “5 percent” shall be substituted for “80 percent” each place it appears; (iv) the person is an officer or director of such other person; or (v) the person is the employer of such other person. (C) For purposes of this paragraph, the term “tenure rights” means rights to harvest timber from public land granted by the country of export. (i) 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’s-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: (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. (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. (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. (ii) For purposes of clause (i), “level of trade” 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 January 1, 2008). (6) The term “F.O.B.” 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. (7) The term “HTS” means the Harmonized Tariff Schedule of the United States (19 U.S.C. 1202) (as in effect on January 1, 2008). (8) The term “person” includes any individual, partnership, corporation, association, organization, business trust, government entity, or other entity subject to the jurisdiction of the United States. (9) The term “United States” means the customs territory of the United States, as defined in General Note 2 of the HTS.