View all text of Subtitle VI [§ 1683 - § 1683g]
§ 1683b. Scope of softwood lumber importer declaration program
(a) Products included in programThe following products shall be subject to the importer declaration program established under section 1683a of this title:
(1) In generalAll softwood lumber and softwood lumber products classified under subspan 4407.10.00, 4409.10.10, 4409.10.20, or 4409.10.90 of the HTS, including the following softwood lumber, flooring, and siding:
(A) Coniferous wood, sawn or chipped lengthwise, sliced or peeled, whether or not planed, sanded, or finger-jointed, of a thickness exceeding 6 millimeters.
(B) Coniferous wood siding (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed.
(C) Other coniferous wood (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces (other than wood moldings and wood dowel rods) whether or not planed, sanded, or finger-jointed.
(D) Coniferous wood flooring (including strips and friezes for parquet flooring, not assembled) continuously shaped (tongued, grooved, rabbeted, chamfered, v-jointed, beaded, molded, rounded, or the like) along any of its edges or faces, whether or not planed, sanded, or finger-jointed.
(E) Coniferous drilled and notched lumber and angle cut lumber.
(2) Products continually shaped
(3) Other lumber products
(b) Products excluded from programThe following products shall be excluded from the importer declaration program established under section 1683a of this title:
(1) Trusses and truss kits, properly classified under subspan 4418.90 of the HTS.
(2) I-joist beams.
(3) Assembled box-spring frames.
(4) Pallets and pallet kits, properly classified under subspan 4415.20 of HTS.
(5) Garage doors.
(6) Edge-glued wood, properly classified under subspan 4421.90.97.40 of the HTS.
(7) Complete door frames.
(8) Complete window frames.
(9) Furniture.
(10) Articles brought into the United States temporarily and for which an exemption from duty is claimed under subchapter XIII of chapter 98 of the HTS.
(11) Household and personal effects.
(c) Exceptions for certain productsThe following softwood lumber products shall not be subject to the importer declaration program established under section 1683a of this title:
(1) StringersStringers (pallet components used for runners), if the stringers—
(A) have at least 2 notches on the side, positioned at equal distance from the center, to properly accommodate forklift blades; and
(B) are properly classified under subspan 4421.90.97.40 of the HTS.
(2) Box-spring frame kits
(A) In generalBox-spring frame kits, if—
(i) the kits contain—(I) 2 wooden side rails;(II) 2 wooden end (or top) rails; and(III) varying numbers of wooden slats; and
(ii) the side rails and the end rails are radius-cut at both ends.
(B) Packaging
(3) Radius-cut box-spring frame components
(4) Fence pickets
(5) United States-origin lumberLumber originating in the United States that is exported to another country for minor processing and imported into the United States if—
(A) the processing occurring in another country is limited to kiln drying, planing to create smooth-to-size board, and sanding; and
(B) the importer establishes to the satisfaction of U.S. Customs and Border Protection upon entry that the lumber originated in the United States.
(6) Softwood lumber
(7) Home packages or kits
(A) In generalSoftwood lumber or softwood lumber products contained in a single family home package or kit, regardless of the classification under the HTS, if the importer declares that the following requirements have been met:
(i) The package or kit constitutes a full package of the number of wooden pieces specified in the plan, design, or blueprint necessary to produce a home of at least 700 square feet produced to a specified plan, design, or blueprint.
(ii) The package or kit contains—(I) all necessary internal and external doors and windows, nails, screws, glue, subfloor, sheathing, beams, posts, and connectors; and(II) if included in the purchase contract, the decking, trim, drywall, and roof shingles specified in the plan, design, or blueprint.
(iii) Prior to importation, the package or kit is sold to a United States retailer that sells complete home packages or kits pursuant to a valid purchase contract referencing the particular home design, plan, or blueprint, and the contract is signed by a customer not affiliated with the importer.
(iv) Softwood lumber products entered as part of the package or kit, whether in a single entry or multiple entries on multiple days, are to be used solely for the construction of the single family home specified by the home design, plan, or blueprint matching the U.S. Customs and Border Protection import entry.
(B) Additional documentation required for home packages and kitsIn the case of each entry of products described in clauses (i) through (iv) of subparagraph (A) the following documentation shall be retained by the importer and made available to U.S. Customs and Border Protection upon request:
(i) A copy of the appropriate home design, plan, or blueprint matching the customs entry in the United States.
(ii) A purchase contract from a retailer of home kits or packages signed by a customer not affiliated with the importer.
(iii) A listing of all parts in the package or kit being entered into the United States that conforms to the home design, plan, or blueprint for which such parts are being imported.
(iv) If a single contract involves multiple entries, an identification of all the items required to be listed under clause (iii) that are included in each individual shipment.
(d) Products covered
(June 17, 1930, ch. 497, title VIII, § 804, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1848.)