dreamproit/uscode huggingface dataset:
19 U.S.C. § 2578a (CUSTOMS DUTIES)
§ 2578a. Equivalence determinations
(a) In general
An agency may not determine that a sanitary or phytosanitary measure of a foreign country is equivalent to a sanitary or phytosanitary measure established under the authority of Federal law unless the agency determines that the sanitary or phytosanitary measure of the foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable sanitary or phytosanitary measure established under the authority of Federal law.
(b) FDA determination
If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a measure that is required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or other statute administered by the Food and Drug Administration, the Commissioner shall issue a proposed regulation to incorporate such determination and shall include in the notice of proposed rulemaking the basis for the determination that the sanitary or phytosanitary measure of a foreign country provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the proposed regulation. The Commissioner shall not issue a final regulation based on the proposal without taking into account the comments received.
(c) Notice
If the Commissioner proposes to issue a determination of the equivalency of a sanitary or phytosanitary measure of a foreign country to a sanitary or phytosanitary measure of the Food and Drug Administration that is not required to be promulgated as a rule under the Federal Food, Drug, and Cosmetic Act [21 U.S.C. 301 et seq.] or other statute administered by the Food and Drug Administration, the Commissioner shall publish a notice in the Federal Register that identifies the basis for the determination that the measure provides at least the same level of sanitary or phytosanitary protection as the comparable Federal sanitary or phytosanitary measure. The Commissioner shall provide opportunity for interested persons to comment on the notice. The Commissioner shall not issue a final determination on the issue of equivalency without taking into account the comments received.
(Pub. L. 96–39, title IV, § 492, as added Pub. L. 103–465, title IV, § 432, Dec. 8, 1994, 108 Stat. 4971; amended Pub. L. 104–295, § 20(d)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: References in Text
text: The Federal Food, Drug, and Cosmetic Act, referred to in subsecs. (b) and (c), is act June 25, 1938, ch. 675, 52 Stat. 1040, as amended, which is classified generally to chapter 9 (§ 301 et seq.) of Title 21, Food and Drugs. For complete classification of this Act to the Code, see section 301 of Title 21 and Tables.
heading: Amendments
text: 1996—Subsec. (c). Pub. L. 104–295 substituted “phytosanitary” for “phystosanitary” before “measure of the Food and Drug Administration”.
19 U.S.C. § 2578b (CUSTOMS DUTIES)
§ 2578b. Definitions
(a) In general
As used in this part:
(1) Agency
The term “agency” means a Federal department or agency (or combination of Federal departments or agencies).
(2) Commissioner
The term “Commissioner” means the Commissioner of Food and Drugs.
(3) International standard-setting organization
The term “international standard-setting organization” means an organization consisting of representatives of 2 or more countries, the purpose of which is to negotiate, develop, promulgate, or amend an international standard.
(4) Sanitary or phytosanitary standard
The term “sanitary or phytosanitary standard” means a standard intended to form a basis for a sanitary or phytosanitary measure.
(5) International standard
The term “international standard” means a standard, guideline, or recommendation—
(A) regarding food safety, adopted by the Codex Alimentarius Commission, including a standard, guideline, or recommendation regarding decomposition elaborated by the Codex Committee on Fish and Fishery Products, food additives, contaminants, hygienic practice, and methods of analysis and sampling;
(B) regarding animal health and zoonoses, developed under the auspices of the International Office of Epizootics;
(C) regarding plant health, developed under the auspices of the Secretariat of the International Plant Protection Convention in cooperation with the North American Plant Protection Organization; or
(D) established by or developed under any other international organization agreed to by the NAFTA countries (as defined in section 3301(4) of this title) or by the WTO members (as defined in section 3501(10) of this title).
(b) Other definitions
The definitions set forth in section 2575b of this title apply for purposes of this part except that in applying paragraph (7) of section 2575b of this title with respect to a sanitary or phytosanitary measure of a foreign country, any reference in such paragraph to the United States shall be deemed to be a reference to that foreign country.
(Pub. L. 96–39, title IV, § 493, as added Pub. L. 103–465, title IV, § 432, Dec. 8, 1994, 108 Stat. 4972.)
19 U.S.C. § 2582 (CUSTOMS DUTIES)
§ 2582. Repealed. Pub. L. 98–67, title II, § 214(d), Aug. 5, 1983, 97 Stat. 393
text: Section, Pub. L. 96–39, title XI, § 1112, July 26, 1979, 93 Stat. 316, authorized payment of compensation to losses in taxes resulting from concessions granted by United States in Tokyo Round of Multilateral Trade Negotiations on articles produced by United States possessions on which excise taxes are levied by United States.
heading: Effective Date of Repeal
text: Repeal effective Aug. 5, 1983, see section 218(a) of Pub. L. 98–67, which is classified to section 2706 of this title.
19 U.S.C. § 2604 (CUSTOMS DUTIES)
§ 2604. Designation of materials covered by agreements or emergency actions
After any agreement enters into force under section 2602 of this title, or emergency action is taken under section 2603 of this title, the Secretary, in consultation with the Secretary of State, shall by regulation promulgate (and when appropriate shall revise) a list of the archaeological or ethnological material of the State Party covered by the agreement or by such action. The Secretary may list such material by type or other appropriate classification, but each listing made under this section shall be sufficiently specific and precise to insure that (1) the import restrictions under section 2606 of this title are applied only to the archeological and ethnological material covered by the agreement or emergency action; and (2) fair notice is given to importers and other persons as to what material is subject to such restrictions.
(Pub. L. 97–446, title III, § 305, Jan. 12, 1983, 96 Stat. 2355; Pub. L. 105–277, div. G, subdiv. A, title XIII, § 1335(d), Oct. 21, 1998, 112 Stat. 2681–788; Pub. L. 106–113, div. B, § 1007(a)(7) [div. A, title VIII, § 802(d)], Nov. 29, 1999, 113 Stat. 1536, 1501A–468.)
heading: Amendments
text: 1999—Pub. L. 106–113 substituted “Secretary, in consultation with the Secretary of State, shall” for “Secretary shall” in first sentence.
1998—Pub. L. 105–277 struck out “, after consultation with the Director of the United States Information Agency,” after “title, the Secretary” in first sentence.
heading: Effective Date of 1998 Amendment
text: Amendment by Pub. L. 105–277 effective Oct. 1, 1999, see section 1301 of Pub. L. 105–277, set out as a note under section 6531 of Title 22.
19 U.S.C. § 2607 (CUSTOMS DUTIES)
§ 2607. Stolen cultural property
No article of cultural property documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in any State Party which is stolen from such institution after the effective date of this chapter, or after the date of entry into force of the Convention for the State Party, whichever date is later, may be imported into the United States.
(Pub. L. 97–446, title III, § 308, Jan. 12, 1983, 96 Stat. 2360.)
heading: References in Text
text: For the effective date of this chapter, referred to in text, see section 315 of Pub. L. 97–446, set out as an Effective Date note under section 2601 of this title.
19 U.S.C. § 2608 (CUSTOMS DUTIES)
§ 2608. Temporary disposition of materials and articles subject to this chapter
Pending a final determination as to whether any archaeological or ethnological material, or any article of cultural property, has been imported into the United States in violation of section 2606 of this title or section 2607 of this title, the Secretary shall, upon application by any museum or other cultural or scientific institution in the United States which is open to the public, permit such material or article to be retained at such institution if he finds that—
(1) sufficient safeguards will be taken by the institution for the protection of such material or article; and
(2) sufficient bond is posted by the institution to ensure its return to the Secretary.
(Pub. L. 97–446, title III, § 309, Jan. 12, 1983, 96 Stat. 2360.)
19 U.S.C. § 2610 (CUSTOMS DUTIES)
§ 2610. Evidentiary requirements
Notwithstanding the provisions of section 1615 of this title, in any forfeiture proceeding brought under this chapter in which the material or article, as the case may be, is claimed by any person, the United States shall establish—
(1) in the case of any material subject to the provisions of section 2606 of this title, that the material has been listed by the Secretary in accordance with section 2604 of this title; and
(2) in the case of any article subject to section 2607 of this title, that the article—
(A) is documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in a State Party, and
(B) was stolen from such institution after the effective date of this chapter, or after the date of entry into force of the Convention for the State Party concerned, whichever date is later.
(Pub. L. 97–446, title III, § 311, Jan. 12, 1983, 96 Stat. 2361.)
heading: References in Text
text: For the effective date of this chapter, referred to in par. (2)(B), see section 315 of Pub. L. 97–446, set out as an Effective Date note under section 2601 of this title.
19 U.S.C. § 2611 (CUSTOMS DUTIES)
§ 2611. Certain material and articles exempt from this chapter
The provisions of this chapter shall not apply to—
(1) any archaeological or ethnological material or any article of cultural property which is imported into the United States for temporary exhibition or display if such material or article is immune from seizure under judicial process pursuant to section 2459 of title 22; or
(2) any designated archaeological or ethnological material or any article of cultural property imported into the United States if such material or article—
(A) has been held in the United States for a period of not less than three consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of this chapter, but only if—
(i) the acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least fifty thousand, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from this chapter,
(ii) such material or article has been exhibited to the public for a period or periods aggregating at least one year during such three-year period, or
(iii) such article or material has been cat­aloged and the catalog material made available upon request to the public for at least two years during such three-year period;
(B) if subparagraph (A) does not apply, has been within the United States for a period of not less than ten consecutive years and has been exhibited for not less than five years during such period in a recognized museum or religious or secular monument or similar institution in the Unites 1 States open to the public; or
(C) if subparagraphs (A) and (B) do not apply, has been within the United States for a period of not less than ten consecutive years and the State Party concerned has received or should have received during such period fair notice (through such adequate and accessible publication, or other means, as the Secretary shall by regulation prescribe) of its location within the United States; and
(D) if none of the preceding subparagraphs apply, has been within the United States for a period of not less than twenty consecutive years and the claimant establishes that it purchased the material or article for value without knowledge or reason to believe that it was imported in violation of law.
(Pub. L. 97–446, title III, § 312, Jan. 12, 1983, 96 Stat. 2362.)
19 U.S.C. § 2613 (CUSTOMS DUTIES)
§ 2613. Enforcement
In the customs territory of the United States, and in the Virgin Islands, the provisions of this chapter shall be enforced by appropriate customs officers. In any other territory or area within the United States, but not within such customs territory or the Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President.
(Pub. L. 97–446, title III, § 314, Jan. 12, 1983, 96 Stat. 2363.)
heading: Delegation of Functions
text: For delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under section 2602 of this title.
19 U.S.C. § 2705 (CUSTOMS DUTIES)
§ 2705. Impact study by Secretary of Labor
The Secretary of Labor, in consulation 1 with other appropriate Federal agencies, shall undertake a continuing review and analysis of the impact which the implementation of the provisions of this chapter have with respect to United States labor; and shall make an annual written report to Congress on the results of such review and analysis.
(Pub. L. 98–67, title II, § 216, Aug. 5, 1983, 97 Stat. 394.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to making an annual written report to Congress, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 123 of House Document No. 103–7.
19 U.S.C. § 2706 (CUSTOMS DUTIES)
§ 2706. Effective date
(a) This chapter shall take effect on August 5, 1983.
(b) Repealed. Pub. L. 101–382, title II, § 211, Aug. 20, 1990, 104 Stat. 655.
(Pub. L. 98–67, title II, § 218, Aug. 5, 1983, 97 Stat. 395; Pub. L. 101–382, title II, § 211, Aug. 20, 1990, 104 Stat. 655.)
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this subtitle” meaning subtitle A (§§ 211–218) of title II of Pub. L. 98–67 which enacted this chapter, amended section 1202 of this title, repealed section 2582 of this title, and enacted provisions set out as notes under sections 1202, 1319, 2251, and 2703 of this title and section 1311 of Title 33, Navigation and Navigable Waters. For complete classification of subtitle A to the Code, see Tables.
heading: Amendments
text: 1990—Subsec. (b). Pub. L. 101–382 struck out subsec. (b) which related to termination of duty-free treatment. Notwithstanding directory language repealing “section 218 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2706(b))”, amendment was executed by repealing subsec. (b) to reflect the probable intent of Congress in view of catchline for section 211 of Pub. L. 101–382 which read “Repeal of termination date on duty-free treatment under the Act”.
19 U.S.C. § 2801 (CUSTOMS DUTIES)
§ 2801. Congressional findings and purposes
(a) Congress finds that—
(1) there is a substantial imbalance in international wine trade resulting, in part, from the relative accessibility enjoyed by foreign wines to the United States market while the United States wine industry faces restrictive tariff and nontariff barriers in virtually every existing or potential foreign market;
(2) the restricted access to foreign markets and the continued low prices for United States wine and grape products adversely affect the economic position of our Nation’s winemakers and grape growers, as well as all other domestic sectors that depend upon wine production;
(3) the competitive position of United States wine in international trade has been weakened by foreign trade practices, high domestic interest rates, and unfavorable foreign exchange rates;
(4) wine consumption per capita is very low in many major non-wine producing markets and the demand potential for United States wine is significant; and
(5) the United States winemaking industry has the capacity and the ability to export substantial volumes of wine and an increase in United States wine exports will create new jobs, improve this Nation’s balance of trade, and otherwise strengthen the national economy.
(b) The purposes of this chapter are—
(1) to provide wine consumers with the greatest possible choice of wines from wine-producing countries;
(2) to encourage the initiation of an export promotion program to develop, maintain, and expand foreign markets for United States wine; and
(3) to achieve greater access to foreign markets for United States wine and grape products through the reduction or elimination of tariff barriers and nontariff barriers to (or other distortions of) trade in wine.
(Pub. L. 98–573, title IX, § 902, Oct. 30, 1984, 98 Stat. 3047.)
heading: Short Title
text: Pub. L. 98–573, title IX, § 901, Oct. 30, 1984, 98 Stat. 3047, provided that: “This title [enacting this chapter] may be cited as the ‘Wine Equity and Export Expansion Act of 1984’.”
19 U.S.C. § 2802 (CUSTOMS DUTIES)
§ 2802. Definitions
For purposes of this chapter—
(1) The term “Committees” means the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
(2) The term “grape product” means grapes and any product (other than wine) made from grapes, including, but not limited to, raisins and grape juice, whether or not concentrated.
(3) The term “major wine trading country” means any foreign country, or group of foreign countries, designated as such under section 2803 of this title.
(4) The phrase “nontariff barrier to (or other distortion of)”, in the context of trade in United States wine, includes any measure implemented by the government of a major wine trading country that either gives a competitive advantage to the wine industry of that country or restricts the importation of United States wine into that country.
(5) The term “Trade Representative” means the United States Trade Representative.
(6) The term “United States wine” means wine produced within the customs territory of the United States.
(7) The term “wine” means any fermented alcoholic beverage that—
(A) is made from grapes or other fruit;
(B) contains not less than 0.5 percent alcohol by volume and not more than 24 percent alcohol by volume, including all dilutions and mixtures thereof by whatever process produced; and
(C) is for nonindustrial use.
(Pub. L. 98–573, title IX, § 903, Oct. 30, 1984, 98 Stat. 3048.)
19 U.S.C. § 2803 (CUSTOMS DUTIES)
§ 2803. Designation of major wine trading countries
(a) The Trade Representative shall designate as a major wine trading country each foreign country, or group of foreign countries represented as an economic union, that, in the judgment of the Trade Representative—
(1) is a potential significant market for United States wine; and
(2) maintains tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine.
(b) In deciding, for purposes of subsection (a)(2) of this section, whether a foreign country or group of countries maintains nontariff barriers to (or other distortions of) trade in United States wine, the Trade Representative shall take into account—
(1) the review and report required under section 854(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2135 note);
(2) such relevant actions that may have been taken by that country or group since that review was conducted; and
(3) such information as may be submitted under section 2805 of this title by representatives of the wine and grape products industries in the United States, as well as other sources.
(Pub. L. 98–573, title IX, § 904, Oct. 30, 1984, 98 Stat. 3048.)
heading: References in Text
text: Section 854(a) of the Trade Agreements Act of 1979, referred to in subsec. (b)(1), is section 854(a) of Pub. L. 96–39, title VIII, July 26, 1979, 93 Stat. 294, which is set out as a note under section 2135 of this title.
19 U.S.C. § 2805 (CUSTOMS DUTIES)
§ 2805. Required consultations
The Trade Representative shall consult with the Committees and with representatives of the wine and grape products industries in the United States—
(1) before identifying tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine and designating major wine trading countries under section 2803 of this title;
(2) in developing the reports required under section 2804(b) of this title; and
(3) for purposes of determining whether action by the President is appropriate under any provision of the Trade Act of 1974 [19 U.S.C. 2101 et seq.] with respect to any act, policy, or practice referred to in section 2804(b)(1) of this title.
(Pub. L. 98–573, title IX, § 906, Oct. 30, 1984, 98 Stat. 3050.)
heading: References in Text
text: The Trade Act of 1974, referred to in par. (3), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
19 U.S.C. § 2806 (CUSTOMS DUTIES)
§ 2806. United States wine export promotion
In order to develop, maintain, and expand foreign markets for United States wine, the President is encouraged to—
(1) utilize, for the fiscal year ending September 30, 1985, the authority provided under section 135 of the Omnibus Budget Reconciliation Act of 1982 [7 U.S.C. 612c note] to make available sufficient funds to initiate, in cooperation with nongovernmental trade associations representative of United States wineries, an export promotion program for United States; 1 and
(2) request, for each subsequent fiscal year, an appropriation for such a wine export promotion program that will not be at the expense of any appropriations requested for export promotion programs involving other agriculture commodities.
(Pub. L. 98–573, title IX, § 907, Oct. 30, 1984, 98 Stat. 3050.)
heading: References in Text
text: Section 135 of the Omnibus Budget Reconciliation Act of 1982, referred to in par. (1), is section 135 of Pub. L. 97–253, title I, Sept. 8, 1982, 96 Stat. 772, which is set out as a note under section 612c of Title 7, Agriculture.