dreamproit/uscode huggingface dataset:
19 U.S.C. § 2904 (CUSTOMS DUTIES)
§ 2904. Termination and reservation authority; reciprocal nondiscriminatory treatment
(a) In general
For purposes of applying sections 2135, 2136(a), and 2137 of this title—
(1) any trade agreement entered into under section 2902 of this title shall be treated as an agreement entered into under section 2111 or 2112, as appropriate, of this title; and
(2) any proclamation or Executive order issued pursuant to a trade agreement entered into under section 2902 of this title shall be treated as a proclamation or Executive order issued pursuant to a trade agreement entered into under section 2112 of this title.
(b) Reciprocal nondiscriminatory treatment
(1) The President shall determine, before June 1, 1993, whether any major industrial country has failed to make concessions under trade agreements entered into under section 2902(a) and (b) of this title which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under section 2902(a) and (b) of this title, for the commerce of such country in the United States.
(2) If the President determines under paragraph (1) that a major industrial country has not made concessions under trade agreements entered into under section 2902(a) and (b) of this title which provide substantially equivalent competitive opportunities for the commerce of the United States, the President shall, either generally with respect to such country or by article produced by such country, in order to restore equivalence of competitive opportunities, recommend to the Congress—
(A) legislation providing for the termination or denial of the benefits of concessions of trade agreements entered into under section 2902(a) and (b) of this title that have been made with respect to rates of duty or other import restrictions imposed by the United States, and
(B) legislation providing that any law necessary to carry out any trade agreement under section 2902(a) or (b) of this title not apply to such country.
(3) For purposes of this subsection, the term “major industrial country” means Canada, the European Communities, the individual member countries of the European Communities, Japan, and any other foreign country designated by the President for purposes of this subsection.
(Pub. L. 100–418, title I, § 1105, Aug. 23, 1988, 102 Stat. 1132.)
19 U.S.C. § 2906 (CUSTOMS DUTIES)
§ 2906. Definitions
For purposes of this chapter:
(1) The term “distortion” includes, but is not limited to, a subsidy.
(2) The term “foreign country” includes any foreign instrumentality. Any territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country.
(3) The term “GATT” means the GATT 1947 (as defined in section 3501(1)(A) of this title).
(4) The term “implementing bill” has the meaning given such term in section 2191(b)(1) of this title.
(5) The term “international trade” includes, but is not limited to—
(A) trade in both goods and services, and
(B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.
(6) The term “state trading enterprise” means—
(A) any agency, instrumentality, or administrative unit of a foreign country which—
(i) purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or
(ii) sells goods or services in international trade; or
(B) any business firm which—
(i) is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof,
(ii) is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and
(iii) purchases goods or services in international trade for any purpose other than the use of such goods or services by such foreign country, agency, instrumentality, or administrative unit, or which sells goods or services in international trade.
(Pub. L. 100–418, title I, § 1107, Aug. 23, 1988, 102 Stat. 1134; Pub. L. 103–465, title VI, § 621(a)(5), Dec. 8, 1994, 108 Stat. 4993.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this part”, meaning part 1 (§§ 1101 to 1107) of subtitle A of title I of Pub. L. 100–418, which enacted this chapter and amended sections 2131, 2133, and 2191 of this title. For complete classification of part 1 to the Code, see Tables.
heading: Codification
text: Section is comprised of subsec. (a) of section 1107 of Pub. L. 100–418. Subsec. (b) of section 1107 of Pub. L. 100–418 amended sections 2131 and 2191 of this title.
heading: Amendments
text: 1994—Par. (3). Pub. L. 103–465 substituted “the GATT 1947 (as defined in section 3501(1)(A) of this title)” for “the General Agreement on Tariffs and Trade”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.
19 U.S.C. § 3002 (CUSTOMS DUTIES)
§ 3002. Definitions
As used in this chapter:
(1) The term “Commission” means the United States International Trade Commission.
(2) The term “Convention” means the International Convention on the Harmonized Commodity Description and Coding System, done at Brussels on June 14, 1983, and the Protocol thereto, done at Brussels on June 24, 1986, submitted to the Congress on June 15, 1987.
(3) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(4) The term “Federal agency” means any establishment in the executive branch of the United States Government.
(5) The term “old Schedules” means title I of the Tariff Act of 1930 (19 U.S.C. 1202) as in effect on the day before the effective date of the amendment to such title under section 1204(a).
(6) The term “technical rectifications” means rectifications of an editorial character or minor technical or clerical changes which do not affect the substance or meaning of the text, such as—
(A) errors in spelling, numbering, or punctuation;
(B) errors in indentation;
(C) errors (including inadvertent omissions) in cross-references to headings or subheadings or notes; and
(D) other clerical or typographical errors.
(Pub. L. 100–418, title I, § 1202, Aug. 23, 1988, 102 Stat. 1147.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 1201 to 1217) of title I of Pub. L. 100–418, which is classified principally to this chapter. For complete classification of this subtitle to the Code, see References in Text note set out under section 3001 of this title and Tables.
Title I of the Tariff Act of 1930 (19 U.S.C. 1202) as in effect on the day before the effective date of the amendment to such title under section 1204(a), referred to in par. (5), is title I of act June 17, 1930, ch. 497, 46 Stat. 590, as in effect on the day before Jan. 1, 1989. Title I of the Tariff Act of 1930 which comprised the Tariff Schedules of the United States was not set out in the Code.
19 U.S.C. § 3003 (CUSTOMS DUTIES)
§ 3003. Congressional approval of United States accession to the Convention
(a) Congressional approval
The Congress approves the accession by the United States of America to the Convention.
(b) Acceptance of final legal text of Convention by President
The President may accept for the United States the final legal instruments embodying the Convention. The President shall submit a copy of each final instrument to the Congress on the date it becomes available.
(c) Unspecified private remedies not created
Neither the entry into force with respect to the United States of the Convention nor the enactment of this chapter may be construed as creating any private right of action or remedy for which provision is not explicitly made under this chapter or under other laws of the United States.
(d) Termination
The provisions of section 2135(a) of this title do not apply to the Convention.
(Pub. L. 100–418, title I, § 1203, Aug. 23, 1988, 102 Stat. 1148.)
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this subtitle”, meaning subtitle B (§§ 1201 to 1217) of title I of Pub. L. 100–418, which is classified principally to this chapter. For complete classification of this subtitle to the Code, see References in Text note set out under section 3001 of this title and Tables.
19 U.S.C. § 3006 (CUSTOMS DUTIES)
§ 3006. Presidential action on Commission recommendations
(a) In general
The President may proclaim modifications, based on the recommendations by the Commission under section 3005 of this title, to the Harmonized Tariff Schedule if the President determines that the modifications—
(1) are in conformity with United States obligations under the Convention; and
(2) do not run counter to the national economic interest of the United States.
(b) Lay-over period
(1) The President may proclaim a modification under subsection (a) of this section only after the expiration of the 60-day period beginning on the date on which the President submits a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth the proposed modification and the reasons therefor.
(2) The 60-day period referred to in paragraph (1) shall be computed by excluding—
(A) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die; and
(B) any Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session.
(c) Effective date of modifications
Modifications proclaimed by the President under subsection (a) of this section may not take effect before the 30th day after the date on which the text of the proclamation is published in the Federal Register.
(Pub. L. 100–418, title I, § 1206, Aug. 23, 1988, 102 Stat. 1151; Pub. L. 109–432, div. D, title III, § 3012, Dec. 20, 2006, 120 Stat. 3177.)
heading: References in Text
text: The Harmonized Tariff Schedule, referred to in subsec. (a), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
heading: Amendments
text: 2006—Subsec. (c). Pub. L. 109–432 substituted “30th” for “15th”.
heading: Delegation of Authority
text: Memorandum of President of the United States, Dec. 12, 1991, 56 F.R. 65413, provided:
Memorandum for the United States Trade Representative
By virtue of the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code and the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418) (“the Act”) [see Tables for classification], you are hereby delegated the functions vested in me by section 1206(b) of the Act (19 U.S.C. 3006(b)), to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate reports that set forth proposed modifications to the Harmonized Tariff Schedule [see 19 U.S.C. 1202] and the reasons therefor.
The President shall retain the authority under section 1206 of the Act to proclaim modifications to the Harmonized Tariff Schedule after the layover period specified in section 1206(b) has expired.
You are authorized and directed to publish this memorandum in the Federal Register.
George Bush.
19 U.S.C. § 3007 (CUSTOMS DUTIES)
§ 3007. Publication of Harmonized Tariff Schedule
(a) In general
The Commission shall compile and publish, at appropriate intervals, and keep up to date the Harmonized Tariff Schedule and related information in the form of printed copy; and, if, in its judgment, such format would serve the public interest and convenience—
(1) in the form of microfilm images; or
(2) in the form of electronic media.
(b) Content
Publications under subsection (a) of this section, in whatever format, shall contain—
(1) the then current Harmonized Tariff Schedule;
(2) statistical annotations and related statistical information formulated under section 1484(f) of this title; and
(3) such other matters as the Commission considers to be necessary or appropriate to carry out the purposes enumerated in the Preamble to the Convention.
(Pub. L. 100–418, title I, § 1207, Aug. 23, 1988, 102 Stat. 1151; Pub. L. 104–295, § 21(e)(10), Oct. 11, 1996, 110 Stat. 3531.)
heading: References in Text
text: The Harmonized Tariff Schedule, referred to in subsecs. (a) and (b)(1), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
heading: Amendments
text: 1996—Subsec. (b)(2). Pub. L. 104–295 substituted “1484(f)” for “1484(e)”.
19 U.S.C. § 3008 (CUSTOMS DUTIES)
§ 3008. Import and export statistics
The Secretary of Commerce shall compile, and make publicly available, the import and export trade statistics of the United States. Such statistics shall be conformed to the nomenclature of the Convention.
(Pub. L. 100–418, title I, § 1208, Aug. 23, 1988, 102 Stat. 1152.)
19 U.S.C. § 3009 (CUSTOMS DUTIES)
§ 3009. Coordination of trade policy and Convention
The United States Trade Representative is responsible for coordination of United States trade policy in relation to the Convention. Before formulating any United States position with respect to the Convention, including any proposed amendments thereto, the United States Trade Representative shall seek, and consider, information and advice from interested parties in the private sector (including a functional advisory committee) and from interested Federal agencies.
(Pub. L. 100–418, title I, § 1209, Aug. 23, 1988, 102 Stat. 1152.)
19 U.S.C. § 3010 (CUSTOMS DUTIES)
§ 3010. United States participation on Customs Cooperation Council regarding Convention
(a) Principal United States agencies
(1) Subject to the policy direction of the Office of the United States Trade Representative under section 3009 of this title, the Department of the Treasury, the Department of Commerce, and the Commission shall, with respect to the activities of the Customs Cooperation Council relating to the Convention—
(A) be primarily responsible for formulating United States Government positions on technical and procedural issues; and
(B) represent the United States Government.
(2) The Department of Agriculture and other interested Federal agencies shall provide to the Department of the Treasury, the Department of Commerce, and the Commission technical advice and assistance relating to the functions referred to in paragraph (1).
(b) Development of technical proposals
(1) In connection with responsibilities arising from the implementation of the Convention and under section 1484(f) of this title regarding United States programs for the development of adequate and comparable statistical information on merchandise trade, the Secretary of the Treasury, the Secretary of Commerce, and the Commission shall prepare technical proposals that are appropriate or required to assure that the United States contribution to the development of the Convention recognizes the needs of the United States business community for a Convention which reflects sound principles of commodity identification, modern producing methods, and current trading patterns and practices.
(2) In carrying out this subsection, the Secretary of the Treasury, the Secretary of Commerce, and the Commission shall—
(A) solicit and consider the views of interested parties in the private sector (including a functional advisory committee) and of interested Federal agencies;
(B) establish procedures for reviewing, and developing appropriate responses to, inquiries and complaints from interested parties concerning articles produced in and exported from the United States; and
(C) where appropriate, establish procedures for—
(i) ensuring that the dispute settlement provisions and other relevant procedures available under the Convention are utilized to promote United States export interests, and
(ii) submitting classification questions to the Harmonized System Committee of the Customs Cooperation Council.
(c) Availability of Customs Cooperation Council publications
As soon as practicable after August 23, 1988, and periodically thereafter as appropriate, the Commission shall see to the publication of—
(1) summary records of the Harmonized System Committee of the Customs Cooperation Council; and
(2) subject to applicable copyright laws, the Explanatory Notes, Classification Opinions, and other instruments of the Customs Cooperation Council relating to the Convention.
(Pub. L. 100–418, title I, § 1210, Aug. 23, 1988, 102 Stat. 1152; Pub. L. 104–295, § 21(e)(10), Oct. 11, 1996, 110 Stat. 3531.)
heading: Amendments
text: 1996—Subsec. (b)(1). Pub. L. 104–295 substituted “1484(f)” for “1484(e)”.
19 U.S.C. § 3012 (CUSTOMS DUTIES)
§ 3012. Reference to Harmonized Tariff Schedule
Any reference in any law to the “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference that clearly refers to the old Schedules shall be treated as a reference to the Harmonized Tariff Schedule.
(Pub. L. 100–418, title I, § 1212, Aug. 23, 1988, 102 Stat. 1155.)
heading: References in Text
text: The Harmonized Tariff Schedule, referred to in text, is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
heading: Effective Date
text: Section effective Jan. 1, 1989, see section 1217(b)(2) of Pub. L. 100–418, set out as a note under section 3001 of this title.
19 U.S.C. § 3102 (CUSTOMS DUTIES)
§ 3102. Definitions
For purposes of this chapter—
(1) The term “Trade Representative” means the United States Trade Representative.
(2) The term “telecommunications product” means—
(A) any paging devices provided for under item 685.65 of such Schedules, and
(B) any article classified under any of the following item numbers of such Schedules:
684.57 684.67 685.28 685.39
684.58 684.80 685.30 685.48
684.59 685.16 685.31 688.17
684.65 685.24 685.33 688.41
684.66 685.25 685.34 707.90.
(Pub. L. 100–418, title I, § 1373, Aug. 23, 1988, 102 Stat. 1217.)
heading: References in Text
text: Such Schedules, referred to in par. (2), to be treated as a reference to the Harmonized Tariff Schedule, pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
19 U.S.C. § 3103 (CUSTOMS DUTIES)
§ 3103. Investigation of foreign telecommunications trade barriers
(a) In general
The Trade Representative shall conduct an investigation to identify priority foreign countries. Such investigation shall be concluded by no later than the date that is 5 months after August 23, 1988.
(b) Factors to be taken into account
In identifying priority foreign countries under subsection (a) of this section, the Trade Representative shall take into account, among other relevant factors—
(1) the nature and significance of the acts, policies, and practices that deny mutually advantageous market opportunities to telecommunications products and services of United States firms;
(2) the economic benefits (actual and potential) accruing to foreign firms from open access to the United States market;
(3) the potential size of the market of a foreign country for telecommunications products and services of United States firms;
(4) the potential to increase United States exports of telecommunications products and services, either directly or through the establishment of a beneficial precedent; and
(5) measurable progress being made to eliminate the objectionable acts, policies, or practices.
(c) Revocations and additional identifications
(1) The Trade Representative may at any time, after taking into account the factors described in subsection (b) of this section—
(A) revoke the identification of any priority foreign country that was made under this section, or
(B) identify any foreign country as a priority foreign country under this section,
if information available to the Trade Representative indicates that such action is appropriate.
(2) The Trade Representative shall include in the semiannual report submitted to the Congress under section 2419(3) of this title a detailed explanation of the reasons for the revocation under paragraph (1) of this subsection of any identification of any foreign country as a priority foreign country.
(d) Report to Congress
By no later than the date that is 30 days after the date on which the investigation conducted under subsection (a) of this section is completed, the United States Trade Representative shall submit a report on the investigation to the President and to appropriate committees of the Congress.
(Pub. L. 100–418, title I, § 1374, Aug. 23, 1988, 102 Stat. 1217.)
19 U.S.C. § 3107 (CUSTOMS DUTIES)
§ 3107. Compensation authority
If—
(1) the President has taken action under section 3105(a) of this title with respect to any foreign country, and
(2) such action is found to be inconsistent with the international obligations of the United States, including the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title),
the President may enter into trade agreements with such foreign country for the purpose of granting new concessions as compensation for such action in order to maintain the general level of reciprocal and mutually advantageous concessions.
(Pub. L. 100–418, title I, § 1378, Aug. 23, 1988, 102 Stat. 1222; Pub. L. 103–465, title VI, § 621(a)(6), Dec. 8, 1994, 108 Stat. 4993.)
heading: Amendments
text: 1994—Par. (2). Pub. L. 103–465 substituted “the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title)” for “the General Agreement on Tariffs and Trade”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995], see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.