12 2 STA T . 1 549PUBLIC LA W 11 0– 2 3 4 —M A Y 22 , 200 8Protec t i o n’s inter p ret a tion ( ass u c h interpretation is in e f fect on the d ate of the enact m ent of this A ct ) of the term ‘ ‘so l d for e x portation to the U nited S tates’’ , as descri b ed in section 402 (b) of the T ariff Act of 193 0(19U . S. C . 1401a(b)), for pur - poses of appl y in g the transaction v alue of the imported mer- chandise in a series of sales, before J anuary 1, 2011. (2) EXCEPTION . —I t is the sense of Congress that beginning on January 1, 2011, the Commissioner responsible for U.S. Customs and B order 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 w ith, and provides notice to, the appro- priate congressional committees— (i) not less than 1 8 0 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 ta k es into consideration views expressed by, the Commercial O per- ations Advisory Committee— (i) not less than 120 days prior to proposing a change; and (ii) not less than 6 0 days prior to publishing a change; and (C) receives the explicit approval of the Secretary of the Treasury prior to publishing a change. (3) CON S I D E RA TION O F INTERNATIONA L TRADE CO M MISSION REPORT.—It is the sense of Congress that prior to publishing a change to U.S. Customs and Border Protection’s interpreta- tion (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 Inter- national Trade Commission under subsection (c). (e) D EFINITIONS.—In this section
(1) APPROPRIATE CON G RESSIONAL COMMITTEES.—The term ‘‘appropriate congressional committees’’ means the Committee on W ays and M eans of the H ouse of R epresentatives and the Committee on F inance of the Senate. (2) COMMERCIAL OPERATIONS AD V ISOR Y COMMITTEE.—The term ‘‘Commercial Operations Advisory Committee’’ means the Advisory Committee established pursuant to section 9 5 03(c) of the Omnibus Budget Reconciliation Act of 198 7 (19 U.S.C. 2071 note) or any successor committee. (3) IMPORTER.—The term ‘‘importer’’ means one of the par- ties q ualifying 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)). Notice.D e adl i n e s .
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