REQUIREMENTS RELATING TO DETERMINATION OF TRANSACTION VALUE OF IMPORTED MERCHANDISE.

SEC. 15422. REQUIREMENTS RELATING TO DETERMINATION OF TRANSACTION VALUE OF IMPORTED MERCHANDISE.(a) Requirement on Importers.—(1) In general.—Pursuant to sections 484 and 485 of the Tariff Act of 1930 (19 U.S.C. 1484 and 1485), the Commissioner responsible for U.S. Customs and Border Protection shall require each importer of merchandise to provide to U.S. Customs and Border Protection at the time of entry of the merchandise the information described in paragraph (2).(2) Information required.—The information referred to in paragraph (1) is a declaration as to whether the transaction value of the imported merchandise is determined on the basis 122 STAT. 2310 of the price paid by the buyer in the first or earlier sale occurring prior to introduction of the merchandise into the United States.(3) Effective date.—The requirement to provide information under this subsection shall be effective for the 1-year period beginning 90 days after the date of the enactment of this Act.(b) Report to International Trade Commission.—(1) In general.—The Commissioner responsible for U.S. Customs and Border Protection shall submit to the United States International Trade Commission on a monthly basis for the 1-year period specified in subsection (a)(3) a report on the information provided by importers under subsection (a)(2) during the preceding month. The report required under this paragraph shall be submitted in a form agreed upon between U.S. Customs and Border Protection and the United States International Trade Commission.(2) Matters to be included.—The report required under paragraph (1) shall include—(A) the number of importers that declare the transaction value of the imported merchandise is determined on the basis of the method described in subsection (a)(2);(B) the tariff classification of such imported merchandise under the Harmonized Tariff Schedule of the United States; and(C) the transaction value of such imported merchandise.(c) Report to Congress.—(1) In general.—Not later than 90 days after the submission of the final report under subsection (b), the United States International Trade Commission shall submit to the appropriate congressional committees a report on the information contained in all reports submitted under subsection (b).(2) Matters to be included.—The report required under paragraph (1) shall include—(A) the aggregate number of importers that declare the transaction value of the imported merchandise is determined on the basis of the method described in subsection (a)(2), including a description of the frequency of the use of such method;(B) the tariff classification of such imported merchandise under the Harmonized Tariff Schedule of the United States on an aggregate basis, including an analysis of the tariff classification of such imported merchandise on a sectoral basis;(C) the aggregate transaction value of such imported merchandise, including an analysis of the transaction value of such imported merchandise on a sectoral basis; and(D) the aggregate transaction value of all merchandise imported into the United States during the 1-year period specified in subsection (a)(3).(d) Sense of Congress Regarding Prohibition on Proposed Interpretation of the Term “Sold for Exportation to the United States”.—(1) In general.—It is the sense of Congress that the Commissioner responsible for U.S. Customs and Border Protection should not implement a change to U.S. Customs and Border 122 STAT. 2311 Protection’s interpretation (as such interpretation is in effect on the date of the enactment of this Act) of the term “sold for exportation to the United States”, as described in section 402(b) of the Tariff Act of 1930 (19 U.S.C. 1401a(b)), for purposes of applying the transaction value of the imported merchandise in a series of sales, before January 1, 2011.(2) Exception.—It is the sense of Congress that beginning on January 1, 2011, the Commissioner responsible for U.S. Customs and Border Protection may propose to change or change U.S. Customs and Border Protection’s interpretation of the term “sold for exportation to the United States”, as described in paragraph (1), only if U.S. Customs and Border Protection—(A) consults with, and provides notice to, the appropriate congressional committees—(i) not less than 180 days prior to proposing a change; and(ii) not less than 90 days prior to publishing a change;(B) consults with, provides notice to, and takes into consideration views expressed by, the Commercial Operations Advisory Committee—(i) not less than 120 days prior to proposing a change; and(ii) not less than 60 days prior to publishing a change; and(C) receives the explicit approval of the Secretary of the Treasury prior to publishing a change.(3) Consideration of international trade commission report.—It is the sense of Congress that prior to publishing a change to U.S. Customs and Border Protection’s interpretation (as such interpretation is in effect on the date of the enactment of this Act) of the term “sold for exportation to the United States”, as described in section 402(b) of the Tariff Act of 1930 (19 U.S.C. 1401a(b)), for purposes of applying the transaction value of the imported merchandise in a series of sales, the Commissioner responsible for U.S. Customs and Border Protection should take into consideration the matters included in the report prepared by the United States International Trade Commission under subsection (c).(e) Definitions.—In this section:(1) Appropriate congressional committees.—The term “appropriate congressional committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.(2) Commercial operations advisory committee.—The term “Commercial Operations Advisory Committee” means the Advisory Committee established pursuant to section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) or any successor committee.(3) Importer.—The term “importer” means one of the parties qualifying as an “importer of record” under section 484(a)(2)(B) in the Tariff Act of 1930 (19 U.S.C. 1484(a)(2)(B)).(4) Transaction value of the imported merchandise.—The term “transaction value of the imported merchandise” has 122 STAT. 2312 the meaning described in section 402(b) of the Tariff Act of 1930 (19 U.S.C. 1401a(b)).