•HJ 88 IH 
lumber or product but in similar 
quantities. 
‘‘ ‘(III) The market price for the 
lumber or a product sold at a dif-
ferent level of trade than the exported 
lumber or product and in different 
quantities. 
‘‘ ‘(ii) LEVEL
OF
TRADE.—For pur-
poses of clause (i), ‘‘level of trade’’ shall be 
determined in the same manner as pro-
vided under section 351.412(c) of title 19, 
Code of Federal Regulations (as in effect 
on January 1, 2008). 
‘‘ ‘(6) F.O.B.—The term ‘‘F.O.B.’’ means a 
value consisting of all charges payable by a pur-
chaser, including those charges incurred in the 
placement of merchandise on board of a conveyance 
for shipment, but does not include the actual ship-
ping charges or any applicable export charges. 
‘‘ ‘(7) HTS.—The term ‘‘HTS’’ means the Har-
monized Tariff Schedule of the United States (19 
U.S.C. 1202) (as in effect on January 1, 2008). 
‘‘ ‘(8) PERSON.—The term ‘‘person’’ includes 
any individual, partnership, corporation, association, 
organization, business trust, government entity, or 
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•HJ 88 IH 
other entity subject to the jurisdiction of the United 
States. 
‘‘ ‘(9) UNITED
STATES.—The term ‘‘United 
States’’ means the customs territory of the United 
States, as defined in General Note 2 of the HTS. 
‘‘ ‘SEC. 803. ESTABLISHMENT OF SOFTWOOD LUMBER IM-
PORTER DECLARATION PROGRAM. 
‘‘ ‘(a) ESTABLISHMENT OF PROGRAM.— 
‘‘ ‘(1) IN GENERAL.—The President shall estab-
lish and maintain an importer declaration program 
with respect to the importation of softwood lumber 
and softwood lumber products described in section 
804(a). The importer declaration program shall re-
quire importers of softwood lumber and softwood 
lumber products described in section 804(a) to pro-
vide the information required under subsection (b) 
and declare the information required by subsection 
(c), and require that such information accompany 
the entry summary documentation. 
‘‘ ‘(2) ELECTRONIC
RECORD.—The President 
shall establish an electronic record that includes the 
importer information required under subsection (b) 
and the declarations required under subsection (c). 
‘‘ ‘(b) REQUIRED
INFORMATION.—The President 
shall require the following information to be submitted by 
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any person seeking to import softwood lumber or softwood 
lumber products described in section 804(a): 
‘‘ ‘(1) The export price for each shipment of 
softwood lumber or softwood lumber products. 
‘‘ ‘(2) The estimated export charge, if any, ap-
plicable to each shipment of softwood lumber or 
softwood lumber products as calculated by applying 
the percentage determined and published by the 
Under Secretary for International Trade of the De-
partment of Commerce pursuant to section 805 to 
the export price provided in subsection (b)(1). 
‘‘ ‘(c) IMPORTER DECLARATIONS.—Pursuant to pro-
cedures prescribed by the President, any person seeking 
to import softwood lumber or softwood lumber products 
described in section 804(a) shall declare that— 
‘‘ ‘(1) the person has made appropriate inquiry, 
including seeking appropriate documentation from 
the exporter and consulting the determinations pub-
lished by the Under Secretary for International 
Trade of the Department of Commerce pursuant to 
section 805(b); and 
‘‘ ‘(2) to the best of the person’s knowledge and 
belief— 
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‘‘ ‘(A) the export price provided pursuant 
to subsection (b)(1) is determined in accordance 
with the definition provided in section 802(5); 
‘‘ ‘(B) the export price provided pursuant 
to subsection (b)(1) is consistent with the ex-
port price provided on the export permit, if any, 
granted by the country of export; and 
‘‘ ‘(C) the exporter has paid, or committed 
to pay, all export charges due— 
‘‘ ‘(i) in accordance with the volume, 
export price, and export charge rate or 
rates, if any, as calculated under an inter-
national agreement entered into by the 
country of export and the United States; 
and 
‘‘ ‘(ii) consistent with the export 
charge determinations published by the 
Under Secretary for International Trade 
pursuant to section 805(b). 
‘‘ ‘SEC. 804. SCOPE OF SOFTWOOD LUMBER IMPORTER DEC-
LARATION PROGRAM. 
‘‘ ‘(a) PRODUCTS INCLUDED IN PROGRAM.—The fol-
lowing products shall be subject to the importer declara-
tion program established under section 803: 
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