dreamproit/uscode huggingface dataset:
19 U.S.C. § 3356 (CUSTOMS DUTIES)
§ 3356. Compensation authority
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under section 3354 of this title shall be treated as action taken under chapter 1 of title II of such Act [19 U.S.C. 2251 et seq.].
(Pub. L. 103–182, title III, § 306, Dec. 8, 1993, 107 Stat. 2104.)
heading: References in Text
text: The Trade Act of 1974, referred to in text, is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
19 U.S.C. § 3357 (CUSTOMS DUTIES)
§ 3357. Submission of petitions
A petition for import relief may be submitted to the International Trade Commission under—
(1) this subpart;
(2) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.]; or
(3) under both this subpart and such chapter 1 at the same time, in which case the International Trade Commission shall consider such petitions jointly.
(Pub. L. 103–182, title III, § 307, Dec. 8, 1993, 107 Stat. 2104.)
heading: References in Text
text: The Trade Act of 1974, referred to in pars. (2) and (3), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
19 U.S.C. § 3371 (CUSTOMS DUTIES)
§ 3371. NAFTA article impact in import relief cases under Trade Act of 1974
(a) In general
If, in any investigation initiated under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the International Trade Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of section 1330(d) of this title), the International Trade Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether—
(1) imports of the article from a NAFTA country, considered individually, account for a substantial share of total imports; and
(2) imports of the article from a NAFTA country, considered individually or, in exceptional circumstances, imports from NAFTA countries considered collectively, contribute importantly to the serious injury, or threat thereof, caused by imports.
(b) Factors
(1) Substantial import share
In determining whether imports from a NAFTA country, considered individually, account for a substantial share of total imports, such imports normally shall not be considered to account for a substantial share of total imports if that country is not among the top 5 suppliers of the article subject to the investigation, measured in terms of import share during the most recent 3-year period.
(2) Application of “contribute importantly” standard
In determining whether imports from a NAFTA country or countries contribute importantly to the serious injury, or threat thereof, the International Trade Commission shall consider such factors as the change in the import share of the NAFTA country or countries, and the level and change in the level of imports of such country or countries. In applying the preceding sentence, imports from a NAFTA country or countries normally shall not be considered to contribute importantly to serious injury, or the threat thereof, if the growth rate of imports from such country or countries during the period in which an injurious increase in imports occurred is appreciably lower than the growth rate of total imports from all sources over the same period.
(c) “Contribute importantly” defined
For purposes of this section and section 3372(a) of this title, the term “contribute importantly” refers to an important cause, but not necessarily the most important cause.
(Pub. L. 103–182, title III, § 311, Dec. 8, 1993, 107 Stat. 2106.)
heading: References in Text
text: The Trade Act of 1974, referred to in subsec. (a), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
19 U.S.C. § 3372 (CUSTOMS DUTIES)
§ 3372. Presidential action regarding NAFTA imports
(a) In general
In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] with respect to imports from a NAFTA country, the President shall determine whether—
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a NAFTA country, considered individually, or in exceptional circumstances imports from NAFTA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
(b) Exclusion of NAFTA imports
In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President shall exclude from such action imports from a NAFTA country if the President makes a negative determination under subsection (a)(1) or (2) of this section with respect to imports from such country.
(c) Action after exclusion of NAFTA country imports
(1) In general
If the President, under subsection (b) of this section, excludes imports from a NAFTA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—
(A) the President may take appropriate action under such chapter 1 to include those imports in the action; and
(B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
(2) Investigation
Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.
(3) “Surge” defined
For purposes of this subsection, the term “surge” means a significant increase in imports over the trend for a recent representative base period.
(d) Condition applicable to quantitative restrictions
Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.
(Pub. L. 103–182, title III, § 312, Dec. 8, 1993, 107 Stat. 2107.)
heading: References in Text
text: The Trade Act of 1974, referred to in subsecs. (a) to (c), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
19 U.S.C. § 3381 (CUSTOMS DUTIES)
§ 3381. Monitoring
For purposes of expediting an investigation concerning provisional relief under this part or section 2252 of this title regarding—
(1) fresh or chilled tomatoes provided for in subheading 0702.00.00 of the HTS; and
(2) fresh or chilled peppers, other than chili peppers provided for in subheading 0709.60.00 of the HTS;
the International Trade Commission, until January 1, 2009, shall monitor imports of such goods as if proper requests for such monitoring had been made under subsection (d)(1)(C)(i) of section 2252 of this title. At the request of the International Trade Commission, the Secretary of Agriculture and the Commissioner of Customs shall provide to the International Trade Commission information relevant to the monitoring carried out under this section.
(Pub. L. 103–182, title III, § 316, Dec. 8, 1993, 107 Stat. 2108; Pub. L. 104–295, § 21(b)(3), Oct. 11, 1996, 110 Stat. 3530.)
heading: References in Text
text: This part, referred to in text, was in the original “this subtitle”, meaning subtitle A (§§ 301–318) of title III of Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2100, which enacted this part, amended section 2252 of this title, enacted provisions set out as notes under sections 2112 and 3351 of this title, and amended provisions set out as a note under section 2112 of this title.
heading: Amendments
text: 1996—Pub. L. 104–295 substituted “subsection (d)(1)(C)(i) of section 2252” for “section 2252(d)(1)(C)(i) of section 2252”.
heading: Transfer of Functions
text: For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6.
19 U.S.C. § 3382 (CUSTOMS DUTIES)
§ 3382. Procedures concerning conduct of International Trade Commission investigations
The International Trade Commission shall adopt such procedures and rules and regulations as are necessary to bring its procedures into conformity with chapter 8 of the Agreement.
(Pub. L. 103–182, title III, § 317(a), Dec. 8, 1993, 107 Stat. 2108.)
19 U.S.C. § 3401 (CUSTOMS DUTIES)
§ 3401. Nonimmigrant traders and investors
Upon a basis of reciprocity secured by the Agreement, an alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in Section B of Annex 1603 of the Agreement, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the Agreement. For purposes of this section, the term “citizen of Mexico” means “citizen” as defined in Annex 1608 of the Agreement.
(Pub. L. 103–182, title III, § 341(a), Dec. 8, 1993, 107 Stat. 2116.)
heading: References in Text
text: The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
heading: Effective Date
text: Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat. 2118, provided that: “The provisions of this subtitle [subtitle D (§§ 341, 342) of title III of Pub. L. 103–182, enacting this section and amending section 1184 of Title 8, Aliens and Nationality] take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994].”
heading: North American Free Trade Agreement: Entry Into Force
text: The North American Free Trade Agreement entered into force on Jan. 1, 1994, see note set out under section 3311 of this title.
19 U.S.C. § 3411 (CUSTOMS DUTIES)
§ 3411. Transportation
No regulation issued by the Secretary of Transportation implementing a recommendation of the Land Transportation Standards Subcommittee established under article 913(5)(a)(i) of the Agreement may take effect before the date 90 days after the date of issuance.
(Pub. L. 103–182, title III, § 352, Dec. 8, 1993, 107 Stat. 2122.)
19 U.S.C. § 3431 (CUSTOMS DUTIES)
§ 3431. References in part
Any reference in this part to an Annex, chapter, or article shall be considered to be a reference to the respective Annex, chapter, or article of the Agreement.
(Pub. L. 103–182, title IV, § 401, Dec. 8, 1993, 107 Stat. 2129.)
heading: Effective Date
text: Pub. L. 103–182, title IV, § 416, Dec. 8, 1993, 107 Stat. 2148, provided that:
“The provisions of this title [enacting this subchapter, amending sections 1502, 1514, 1516a, 1677, and 1677f of this title and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure, and amending provisions set out as a note under section 2112 of this title] and the amendments made by this title take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994], but shall not apply—
“(1) to any final determination described in paragraph (1)(B), or (2)(B)(i), (ii), or (iii), of section 516A(a) of the Tariff Act of 1930 [19 U.S.C. 1516a(a)(1)(B), (2)(B)(i), (ii), (iii)] notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of section 516A(a) of such Act notice of which is received by the Government of Canada or Mexico before such date; or
“(2) to any binational panel review under the United States-Canada Free-Trade Agreement, or any extraordinary challenge arising out of any such review, that was commenced before such date.”
19 U.S.C. § 3434 (CUSTOMS DUTIES)
§ 3434. Requests for review of determinations by competent investigating authorities of NAFTA countries
(a) Definitions
As used in this section:
(1) Competent investigating authority
The term “competent investigating authority” means the competent investigating authority, as defined in article 1911, of a NAFTA country.
(2) United States Secretary
The term “United States Secretary” means that officer of the United States referred to in article 1908.
(b) Requests for review by United States
In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 1904 shall be made by the United States Secretary.
(c) Requests for review by person
In the case of a final determination of a competent investigating authority, a person, within the meaning of paragraph 5 of article 1904, may request a binational panel review of such determination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 1904. The receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 1904. The request for such panel review shall be without prejudice to any challenge before a binational panel of the basis for a particular request for review.
(d) Service of request for review
Whenever binational panel review of a final determination made by a competent investigating authority is requested under this section, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the importing country to commence proceedings for judicial review of the determination.
(Pub. L. 103–182, title IV, § 404, Dec. 8, 1993, 107 Stat. 2137.)
19 U.S.C. § 3435 (CUSTOMS DUTIES)
§ 3435. Rules of procedure for panels and committees
(a) Rules of procedure for binational panels
The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 1904, governing, with respect to binational panel reviews—
(1) requests for such reviews, complaints, other pleadings, and other papers;
(2) the amendment, filing, and service of such pleadings and papers;
(3) the joinder, suspension, and termination of such reviews; and
(4) other appropriate procedural matters.
(b) Rules of procedure for extraordinary challenge committees
The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 1904.13, governing the procedures for reviews by extraordinary challenge committees.
(c) Rules of procedure for safeguarding panel review system
The administering authority shall prescribe rules, negotiated in accordance with Annex 1905.6, governing the procedures for special committees described in such Annex.
(d) Publication of rules
The rules prescribed under subsections (a), (b), and (c) of this section shall be published in the Federal Register.
(e) Administering authority
As used in this section, the term “administering authority” has the meaning given such term in section 1677(1) of this title.
(Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137.)
19 U.S.C. § 3436 (CUSTOMS DUTIES)
§ 3436. Subsidy negotiations
In the case of any trade agreement which may be entered into by the President with a NAFTA country, the negotiating objectives of the United States with respect to subsidies shall include—
(1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—
(A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
(B) the provision of goods or services at preferential rates;
(C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
(D) the assumption of any costs or expenses of manufacture, production, or distribution;
(2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
(3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.
(Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138.)
19 U.S.C. § 3438 (CUSTOMS DUTIES)
§ 3438. Treatment of amendments to antidumping and countervailing duty law
Any amendment enacted after the Agreement enters into force with respect to the United States that is made to—
(1) section 303 1 or title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], or any successor statute, or
(2) any other statute which—
(A) provides for judicial review of final determinations under such section, title, or successor statute, or
(B) indicates the standard of review to be applied,
shall apply to goods from a NAFTA country only to the extent specified in the amendment.
(Pub. L. 103–182, title IV, § 408, Dec. 8, 1993, 107 Stat. 2140.)
heading: References in Text
text: The Tariff Act of 1930, referred to in par. (1), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. Section 303 of the Act was classified to section 1303 of this title and was repealed, effective Jan. 1, 1995, by Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908. For savings provisions and treatment of references to section 1303 in other laws, see section 261(b), (d)(1)(C) of Pub. L. 103–465, set out as notes under section 1303 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.
heading: Application of Amendments by Public Law 103–465 to Goods From Canada and Mexico
text: Pub. L. 103–465, title II, § 234, Dec. 8, 1994, 108 Stat. 4901, provided that: “Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3438], the amendments made by this title [see Tables for classification] shall apply with respect to goods from Canada and Mexico.”
heading: North American Free Trade Agreement: Entry Into Force
text: The North American Free Trade Agreement entered into force on Jan. 1, 1994, see note set out under section 3311 of this title.
19 U.S.C. § 3451 (CUSTOMS DUTIES)
§ 3451. Effect of termination of NAFTA country status
(a) In general
Except as provided in subsection (b) of this section, on the date on which a country ceases to be a NAFTA country, the provisions of this title 1 (other than this section) and the amendments made by this title 1 shall cease to have effect with respect to that country.
(b) Transition provisions
(1) Proceedings regarding protective orders and undertakings
If on the date on which a country ceases to be a NAFTA country an investigation or enforcement proceeding concerning the violation of a protective order issued under section 1677f(f) of this title or an undertaking of the Government of that country is pending, the investigation or proceeding shall continue, and sanctions may continue to be imposed, in accordance with the provisions of such section 1677f(f) of this title.
(2) Binational panel and extraordinary challenge committee reviews
If on the date on which a country ceases to be a NAFTA country—
(A) a binational panel review under article 1904 of the Agreement is pending, or has been requested; or
(B) an extraordinary challenge committee review under article 1904 of the Agreement is pending, or has been requested;
with respect to a determination which involves a class or kind of merchandise and to which section 1516a(g)(2) of this title applies, such determination shall be reviewable under section 1516a(a) of this title. In the case of a determination to which the provisions of this paragraph apply, the time limits for commencing an action under section 1516a(a) of this title shall not begin to run until the date on which the Agreement ceases to be in force with respect to that country.
(Pub. L. 103–182, title IV, § 415, Dec. 8, 1993, 107 Stat. 2148; Pub. L. 104–295, § 21(c)(4), Oct. 11, 1996, 110 Stat. 3530.)
heading: References in Text
text: This title, referred to in subsec. (a), is title IV of Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2129, which enacted this subchapter, amended sections 1502, 1514, 1516a, 1677, and 1677f of this title and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure, enacted provisions set out as a note under section 3431 of this title, and amended provisions set out as a note under section 2112 of this title.
heading: Amendments
text: 1996—Subsec. (b)(2). Pub. L. 104–295 substituted “action under section 1516a(a)” for “action under 1516a(a)”.
19 U.S.C. § 3461 (CUSTOMS DUTIES)
§ 3461. Discriminatory taxes
It is the sense of the Congress that when a State, province, or other governmental entity of a NAFTA country discriminatorily enforces sales or other taxes so as to afford protection to domestic production or domestic service providers, such enforcement is in violation of the terms of the Agreement. When such discriminatory enforcement adversely affects United States producers of goods or United States service providers, the Trade Representative should pursue all appropriate remedies to obtain removal of such discriminatory enforcement, including invocation of the provisions of the Agreement.
(Pub. L. 103–182, title V, § 511, Dec. 8, 1993, 107 Stat. 2154.)
heading: Effective Date
text: Pub. L. 103–182, title V, § 516, Dec. 8, 1993, 107 Stat. 2160, provided that:
“(a) In General.—
Except as provided in subsection (b), the provisions of this subtitle [subtitle B (§§ 511–516) of title V of Pub. L. 103–182, enacting this part and section 2707 of this title, amending section 2242 of this title, and enacting provisions set out as a note under section 2707 of this title] shall take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994].
“(b) Exception.—
Section 515 [enacting section 2707 of this title and provisions set out as a note under section 2707 of this title] shall take effect on the date of the enactment of this Act [Dec. 8, 1993].”