19 USC § 4361 - Definitions

---
identifier: "/us/usc/t19/s4361"
source: "usc"
legal_status: "official_prima_facie"
title: "19 USC § 4361 - Definitions"
title_number: 19
title_name: "CUSTOMS DUTIES"
section_number: "4361"
section_name: "Definitions"
chapter_number: 28
chapter_name: "TRADE FACILITATION AND TRADE ENFORCEMENT"
subchapter_number: "IV"
subchapter_name: "PREVENTION OF EVASION OF ANTIDUMPING AND COUNTERVAILING DUTY ORDERS"
positive_law: false
currency: "119-84"
last_updated: "2026-04-17"
format_version: "1.1.0"
generator: "[email protected]"
source_credit: "(Pub. L. 114–125, title IV, § 402, Feb. 24, 2016, 130 Stat. 155.)"
---


# § 4361. Definitions

In this subchapter:

**(1)** **Appropriate congressional committees** The term “appropriate congressional committees” means—

**(A)** the Committee on Finance and the Committee on Appropriations of the Senate; and

**(B)** the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.

**(2)** **Covered merchandise** The term “covered merchandise” means merchandise that is subject to—

**(A)** a countervailing duty order issued under section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or

**(B)** an antidumping duty order issued under section 736 of the Tariff Act of 1930 (19 U.S.C. 1673e).

**(3)** **Eligible small business**

**(A)** **In general** The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.

**(B)** **Nonreviewability** section 4371(b)(4)(E) of this title

Any agency decision regarding whether a business concern is an eligible small business for purposes of  is not reviewable by any other agency or by any court.

**(4)** **Enter; entry** The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.

**(5)** **Evade; evasion** The terms “evade” and “evasion” refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.

**(6)** **Secretary** The term “Secretary” means the Secretary of the Treasury.

**(7)** **Trade remedy laws** 19 U.S.C. 1671

The term “trade remedy laws” means title VII of the Tariff Act of 1930 ( et seq.).

---

**Source Credit**: (Pub. L. 114–125, title IV, § 402, Feb. 24, 2016, 130 Stat. 155.)

## Editorial Notes

### References in Text

This subchapter, referred to in text, was in the original “this title”, meaning title IV of , , , which is classified principally to this subchapter. For complete classification of title IV to the Code, see , set out as a Short Title note under  and Tables.

The Tariff Act of 1930, referred to in par. (7), is , . Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see  and Tables.