FORM 4 Exporter's affidavit where merchandise is not sold and will not be sold Re: Entry No. Vessel or carrier I, do hereby solemnly swear that I am the exporter as defined in section 207 of the act of May 27, 1921, of the merchandise covered by the aforesaid entry, and that such merchandise will not be sold in the United States for the following reasons: (Signed) Subscribed and sworn to before me this 19-. day of (f) On all subsequent importations by the same person of merchandise of the same class or kind as that under investigation the appraiser may waive any further appearance by the importer, provided the importer or his agent attaches to the invoice at time of entry the necessary affidavit. sec. 509. (g) The appraiser shall use the facilities at his disposal Tariff act 1930 to secure the appearance of importers, the filing of affidavits, and when necessary, proof of exporters' sales prices, or proof of nonsales, referring such of these matters as he may deem advisable to the customs agent in charge of the district for investigation. (h) Whenever an affidavit (Form 4) has been filed by an exporter showing that merchandise of a class or kind under investigation will not be sold in the United States, the appraiser may pass the merchandise in the usual manner without giving notice of suspected dumping, if he is satisfied that no evidence to the contrary can be obtained. (i) If it shall affirmatively appear (though it may not be conclusively established) that the purchase price is less, or that the exporter's sales price is less or likely to be less, than the foreign market value (or in the absence of such value, than the cost of production), the appraiser shall immediately send a notice of such fact, on customs. Form 6439, to the Secretary of the Treasury, setting forth the reasons for his suspicions, and withhold his appraisement report until a further order of the Secretary, or until the Secretary has made public a finding in respect to such merchandise. The appraiser shall forward a copy of the notice to the collector, the importer, and the supervising customs agent in charge of the antidumping unit. 6) A separate notice shall be given by the appraiser for each importation of each class or kind of merchandise. The notice shall contain the prices and value of the merchandise and a description of the merchandise sufficient for its identification and comparison with products of American industry, giving trade designation, construction, material, quality, size and use, and how packed and prepared. Whenever practicable, copies of notices sent for the information of the antidumping unit should be accompanied by samples, cuts, prints, or photographs. The notice shall also state what allowance, if any, has been made for difference in quantities. The advisory classification and rate of duty applying shall also be shown. (k) If, after the issuance of a dumping notice by an appraiser, new evidence is submitted to him which satisfies him that the purchase price or the exporter's sales price is not less than the foreign market value (or, in the absence of such value, than the cost of production) and that in consequence thereof no dumping exists, he may, with the approval of the Secretary, withdraw his notice. When requesting the Secretary's approval the appraiser shall state the reasons for the withdrawal, and notify the collector and the antidumping unit of his action. (1) No appraisement report shall be made to the collector in the case of any merchandise of a class or kind as to which any appraising officer has given notice to the Secretary until the Secretary issues further instructions, approves the withdrawal of the notice, or makes public a finding in respect to such merchandise as provided in section 201 (a), provided that, if in the case of any importation the appraiser believes that no dumping exists, he may, with the approval of the commissioner, pass the merchandise in the usual manner. (m) Appraisement reports may be withheld pending investigation to determine whether or not the purchase price or the exporter's sales price, as the case may be, is less than the foreign market value (or, in the absence of such value, than the cost of production) but, except as provided in par. (e) of art. 797, importations should not be detained, or bond on customs Form 7591, or additional 39165, 39718 deposits be taken, on account of any belief or suspicion of dumping which would not justify the issuance of a T. Ds. 38742, notice of suspected dumping in accordance with the pro-41762. visions of these regulations. When appraisement reports are withheld pending investigation, and no notice of suspected dumping has been issued, the appraiser shall advise the commissioner, the importer, and the antidumping unit, in the following form: NOTICE OF WITHHELD APPRAISEMENT (Entry No.) (Invoice No.) -, pending investigation as to whether or (Date) not the said merchandise is being imported in violation of the antidumping act of 1921. (Appraiser) Art. 793. Antidumping unit.-The antidumping unit of the Customs Agency Service is located in the customhouse, New York, N. Y., and is under the direction of the supervising customs agent of that district, and field investigations relating to suspected dumping will be centralized at that point. Art. 794. Action by antidumping unit and customs agents. (a) Upon receipt of a copy of an appraiser's notice of suspected dumping the antidumping unit shall cause copies thereof to be disseminated to all collectors of customs and appraisers of merchandise, and shall cause an investigation to be made immediately with respect to the class of merchandise under consideration, for the purpose of establishing whether or not an industry in the United States is being or is likely to be injured, or is prevented from being established by reason of the importation of the merchandise involved; and for the purpose of obtaining information regarding purchase prices, foreign market values, cost of production, or difference in wholesale quantities. (b) When the necessity arises for investigations outside of Customs Agency District No. 2, requests for such investigations shall be sent by the antidumping unit to the proper supervising customs agents, unless the deputy commissioner (investigative unit) specifically authorizes otherwise. Requests for investigations in foreign countries, except Canada, shall be submitted to the deputy commissioner (investigative unit) for the issuance of (U. S. C. title 19, sec 161 (a).) appropriate instructions. Copies of all requests for investigations shall be submitted to the bureau in duplicate. (c) Upon the completion of the investigation the antidumping unit shall submit all the statements of the American manufacturers or producers which have been received to the Secretary of the Treasury through the Commissioner of Customs, with a final report containing a summary of the evidence and recommendations. A copy of the report shall be sent to the appraising officer who issued the notice in the case. (d) Whenever the antidumping unit finds, from information in its possession, that there is reason to suspect dumping, though no suspected dumping notice has been issued, appraising officers shall be advised. In the event that a customs agent obtains information that causes him to suspect dumping, though no suspected dumping notice has been issued, he shall immediately transmit such information in writing to the appraiser at the port where the suspected dumping exists and shall transmit a copy thereof to the antidumping unit for its information. All other customs officers, upon receipt of information indicating the possibility or likelihood of dumping, shall forward such information to the antidumping unit. (e) The antidumping unit shall notify collectors of customs and appraisers of merchandise of requests for the withdrawal of dumping notices by an appraiser, giving the reasons therefor. Upon the approval of the withdrawal by the Secretary of the Treasury, the antidumping unit will also notify the collectors and appraisers of merchandise of the approval, giving the reasons therefor. Art. 795. Special dumping duty.—(a) Antidumping act, 1921, section 202 (a): That in the case of all imported merchandise, whether dutiable or free of duty, of a class or kind as to which the Secretary has made public a finding as provided in section 201, and as to which the appraiser or person acting as appraiser has made no appraisement report to the collector before such finding has been so made public, if the purchase price or the exporter's sales price is less than the foreign market value (or, in the absence of such value, than the cost of production) there shall be levied, collected, and paid, in addition to the duties imposed thereon by law, a special dumping duty in an amount equal to such difference. (b) Special dumping duty will attach when the conditions outlined in article 844 of the regulations are present. (c) The method of computing dumping duty shall be as set forth in article 846 of the regulations. Art. 796. Action by appraiser when Secretary has made public a finding.-(a) Antidumping act, 1921, section 202 (b): If it is established to the satisfaction of the appraising officers (U. S. C. title 19, that the amount of such difference between the purchase price and sec. 161 (b).) the foreign market value is wholly or partly due to the fact that the wholesale quantities, in which such or similar merchandise is sold or freely offered for sale to all purchasers for exportation to the United States in the ordinary course of trade, are greater than the wholesale quantities in which such or similar merchandise is sold or freely offered for sale to all purchasers in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not sold or offered for sale for home consumption, then for exportation to countries other than the United States), then due allowance shall be made therefor in determining the foreign market value for the purposes of this section. (b) Antidumping act, 1921, sec. 202 (c): If it is established to the satisfaction of the appraising officers (U. S. C. title 19, that the amount of such difference between the exporter's sales ec. 161 (c).) price and the foreign market value is wholly or partly due to the fact that the wholesale quantities, in which such or similar merchandise is sold or freely offered for sale to all purchasers in the principal markets of the United States in the ordinary course of trade, are greater than the wholesale quantities in which such or similar merchandise is sold or freely offered for sale to all purchasers in the principal markets of the country of exportation in the ordinary course of trade for home consumption (or, if not so sold or offered for sale for home consumption, then for exportation to countries other than the United States), then due allowance shall be made therefor in determining the foreign market value for the purposes of this section. (c) In the case of imported merchandise of a class or kind as to which the Secretary has made public a finding as provided for in section 201 (a), the provisions of article 792 relating to appearance of the importer and requiring affidavits shall be followed. If the appraiser is satisfied that the purchase price or the exporter's sales price is not less than foreign market value (or cost of production), he may pass the merchandise in the usual manner and make his report to the collector on the form provided for in this article of the regulations. (d) Antidumping act, 1921, section 209: That in the case of all imported merchandise, whether dutiable (U. S. C. title 19, or free of duty, of a class or kind as to which the Secretary has sec. 168.) made public a finding as provided in section 201, and as to which the appraiser or person acting as appraiser has made no appraisement report to the collector before such finding has been so made public, it shall be the duty of each appraiser or person acting as appraiser, by all reasonable ways and means to ascertain, estimate, and appraise (any invoice or affidavit thereto or statement of cost of production to the contrary notwithstanding) and report to the collector the foreign market value or the cost of production, as the case may be, the purchase price, and the exporter's sales price, and any other facts which the Secretary may deem necessary for the purposes of this title. |