dreamproit/uscode huggingface dataset:
19 U.S.C. § 3108 (CUSTOMS DUTIES)
§ 3108. Consultations
(a) Advice from departments and agencies
Prior to taking any action under this chapter, the President shall seek information and advice from the interagency trade organization established under section 1872(a) of this title.
(b) Advice from private sector
Before—
(1) the Trade Representative concludes the investigation conducted under section 3103(a) of this title or takes action under section 3103(c) of this title,
(2) the President establishes specific negotiating objectives under section 3104(b) of this title with respect to any foreign country, or
(3) the President takes action under section 3105 of this title,
the Trade Representative shall provide an opportunity for the presentation of views by any interested party with respect to such investigation, objectives, or action, including appropriate committees established pursuant to section 2155 of this title.
(c) Consultations with Congress and official advisors
For purposes of conducting negotiations under section 3104(a) of this title, the Trade Representative shall keep appropriate committees of the Congress, as well as appropriate committees established pursuant to section 2155 of this title, currently informed with respect to—
(1) the negotiating priorities and objectives for each priority foreign country;
(2) the assessment of negotiating prospects, both bilateral and multilateral; and
(3) any United States concessions which might be included in negotiations to achieve the objectives described in subsections (c) and (d) of section 3104 of this title.
(d) Modification of specific negotiating objectives
Before the President takes any action under section 3104(b)(2)(A) of this title to refine or modify specific negotiating objectives, the President shall consult with the Congress and with members of the industry, and representatives of labor, affected by the proposed refinement or modification.
(Pub. L. 100–418, title I, § 1379, Aug. 23, 1988, 102 Stat. 1223.)
19 U.S.C. § 3109 (CUSTOMS DUTIES)
§ 3109. Submission of data; action to ensure compliance
(a) Submission of data
The Federal Communications Commission (hereafter in this section referred to as the “Commission”) shall periodically submit to appropriate committees of the House of Representatives and of the Senate any data collected and otherwise made public under Report No. DC–1105, “Information Reporting Requirements Established for Common Carriers”, adopted February 25, 1988, relating to FCC Docket No. 86–494, adopted December 23, 1987.
(b) Action to ensure compliance
(1)
(A) Any product of a foreign country that is subject to registration or approval by the Commission may be entered only if—
(i) such product conforms with all applicable rules and regulations of the Commission, and
(ii) the information which is required on Federal Communications Commission Form 740 on August 23, 1988, is provided to the appropriate customs officer at the time of such entry in such form and manner as the Secretary of the Treasury may prescribe.
(B) For purposes of this paragraph, the term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(2) The Commission, the Secretary of Commerce, and the Trade Representative shall provide such assistance in the enforcement of paragraph (1) as the Secretary of the Treasury may request.
(3) The Secretary of the Treasury shall compile the information collected under paragraph (1)(A)(ii) into a summary and shall annually submit such summary to the Congress until the authority to negotiate trade agreements under chapter 17 of this title expires. Such information shall also be made available to the public.
(Pub. L. 100–418, title I, § 1380, Aug. 23, 1988, 102 Stat. 1223.)
heading: References in Text
text: Chapter 17 of this title, referred to in subsec. (b)(3), was in the original “part 1 of subtitle A”, meaning part 1 (§§ 1101–1117) of subtitle A of title I of Pub. L. 100–418, Aug. 23, 1988, 102 Stat. 1121, which enacted chapter 17 (§ 2901 et seq.) of this title and amended sections 2131, 2133, and 2191 of this title. For complete classification of part 1 to the Code, see Tables.
19 U.S.C. § 3110 (CUSTOMS DUTIES)
§ 3110. Study on telecommunications competitiveness in United States
(a) In general
The Secretary of Commerce, in consultation with the Federal Communications Commission and the United States Trade Representative, shall conduct a study of the competitiveness of the United States telecommunications industry and the effects of foreign telecommunications policies and practices on such industry in order to assist the Congress and the President in determining what actions might be necessary to preserve the competitiveness of the United States telecommunications industry.
(b) Public comment
The Secretary of Commerce may, as appropriate, provide notice and reasonable opportunity for public comment as part of the study conducted under subsection (a) of this section.
(c) Report
The Secretary of Commerce shall, by no later than the date that is 1 year after August 23, 1988, submit to the Congress and the President a report on the findings and recommendations reached by the Secretary of Commerce as a result of the study conducted under subsection (a) of this section. Such report shall be referred to the appropriate committees of the House of Representatives and of the Senate.
(Pub. L. 100–418, title I, § 1381, Aug. 23, 1988, 102 Stat. 1224.)
19 U.S.C. § 3111 (CUSTOMS DUTIES)
§ 3111. International obligations
Nothing in this chapter may be construed to require actions 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).
(Pub. L. 100–418, title I, § 1382, Aug. 23, 1988, 102 Stat. 1224; Pub. L. 103–465, title VI, § 621(a)(7), Dec. 8, 1994, 108 Stat. 4993.)
heading: Amendments
text: 1994—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.
19 U.S.C. § 3205 (CUSTOMS DUTIES)
§ 3205. Impact study by Secretary of Labor
The Secretary of Labor, in consultation with other appropriate Federal agencies, shall undertake a continuing review and analysis of the impact that the implementation of the provisions of this chapter has 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. 102–182, title II, § 207, Dec. 4, 1991, 105 Stat. 1244.)
19 U.S.C. § 3301 (CUSTOMS DUTIES)
§ 3301. Definitions
For purposes of this Act:
(1) Agreement
The term “Agreement” means the North American Free Trade Agreement approved by the Congress under section 3311(a) of this title.
(2) HTS
The term “HTS” means the Harmonized Tariff Schedule of the United States.
(3) Mexico
Any reference to Mexico shall be considered to be a reference to the United Mexican States.
(4) NAFTA country
Except as provided in section 3332 of this title, the term “NAFTA country” means—
(A) Canada for such time as the Agreement is in force with respect to, and the United States applies the Agreement to, Canada; and
(B) Mexico for such time as the Agreement is in force with respect to, and the United States applies the Agreement to, Mexico.
(5) International Trade Commission
The term “International Trade Commission” means the United States International Trade Commission.
(6) Trade Representative
The term “Trade Representative” means the United States Trade Representative.
(Pub. L. 103–182, § 2, Dec. 8, 1993, 107 Stat. 2060.)
heading: References in Text
text: This Act, referred to in text, is Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057, known as the North American Free Trade Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
The North American Free Trade Agreement, referred to in par. (1), is not set out in the Code.
The Harmonized Tariff Schedule of the United States, referred to in par. (2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
heading: Short Title
text: Pub. L. 103–182, § 1(a), Dec. 8, 1993, 107 Stat. 2057, provided that: “This Act [see Tables for classification] may be cited as the ‘North American Free Trade Agreement Implementation Act’.”
19 U.S.C. § 3314 (CUSTOMS DUTIES)
§ 3314. Implementing actions in anticipation of entry into force and initial regulations
(a) Implementing actions
After December 8, 1993—
(1) the President may proclaim such actions; and
(2) other appropriate officers of the United States Government may issue such regulations;
as may be necessary to ensure that any provision of this Act, or amendment made by this Act, that takes effect on the date the Agreement enters into force is appropriately implemented on such date, but no such proclamation or regulation may have an effective date earlier than the date of entry into force. The 15-day restriction in section 3313(b) of this title on the taking effect of proclaimed actions is waived to the extent that the application of such restriction would prevent the taking effect on the date the Agreement enters into force of any action proclaimed under this section.
(b) Initial regulations
Initial regulations necessary or appropriate to carry out the actions proposed in the statement of administrative action submitted under section 3311(a)(2) of this title to implement the Agreement shall, to the maximum extent feasible, be issued within 1 year after the date of entry into force of the Agreement; except that interim or initial regulations to implement those Uniform Regulations regarding rules of origin provided for under article 511 of the Agreement shall be issued no later than the date of entry into force of the Agreement. In the case of any implementing action that takes effect on a date after the date of entry into force of the Agreement, initial regulations to carry out that action shall, to the maximum extent feasible, be issued within 1 year after such effective date.
(Pub. L. 103–182, title I, § 104, Dec. 8, 1993, 107 Stat. 2064.)
heading: References in Text
text: This Act, referred to in subsec. (a), is Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2057, known as the North American Free Trade Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out under section 3301 of this title and Tables.
heading: Termination of NAFTA Status
text: Section to cease to have effect with respect to any country during any period in which such country ceases to be a NAFTA country, see section 109(b) of Pub. L. 103–182, set out as an Effective Date; Termination of NAFTA Status note under section 3311 of this title.
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. § 3316 (CUSTOMS DUTIES)
§ 3316. Appointments to chapter 20 panel proceedings
(a) Consultation
The Trade Representative shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate regarding the selection and appointment of candidates for the rosters described in article 2009 of the Agreement.
(b) Selection of individuals with environmental expertise
The United States shall, to the maximum extent practicable, encourage the selection of individuals who have expertise and experience in environmental issues for service in panel proceedings under chapter 20 of the Agreement to hear any challenge to a United States or State environmental law.
(Pub. L. 103–182, title I, § 106, Dec. 8, 1993, 107 Stat. 2065.)
heading: Termination of NAFTA Status
text: Section to cease to have effect with respect to any country during any period in which such country ceases to be a NAFTA country, see section 109(b) of Pub. L. 103–182, set out as an Effective Date; Termination of NAFTA Status note under section 3311 of this title.
19 U.S.C. § 3334 (CUSTOMS DUTIES)
§ 3334. Prohibition on drawback for television picture tubes
Notwithstanding any other provision of law, no customs duties may be refunded, waived, or reduced on color cathode-ray television picture tubes, including video monitor cathode-ray tubes (provided for in subheading 8540.11.00 of the HTS), that are nonoriginating goods under section 3332(p)(19) of this title and are—
(A) exported to a NAFTA country;
(B) used as a material in the production of other goods that are exported to a NAFTA country; or
(C) substituted for by goods of the same kind and quality used as a material in the production of other goods that are exported to a NAFTA country.
(Pub. L. 103–182, title II, § 210, Dec. 8, 1993, 107 Stat. 2099.)
heading: Effective Date
text: Section effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 213(b) of Pub. L. 103–182, set out as a note under section 3331 of this title.
19 U.S.C. § 3335 (CUSTOMS DUTIES)
§ 3335. Monitoring of television and picture tube imports
(a) Monitoring
Beginning on the date the Agreement enters into force with respect to the United States, the United States Customs Service shall, for a period of 5 years, monitor imports into the United States of articles described in subheading 8528.10 of the HTS from NAFTA countries and shall take action to exercise all rights of the United States under chapter 5 of the Agreement with respect to such imports. The United States Customs Service shall take appropriate action under chapter 5 of the Agreement with respect to such imports, including verifications to ensure that the rules of origin under the Agreement are fully complied with and that the duty drawback obligations contained in article 303 and Annex 303.8 of the Agreement are fully implemented and duties are correctly assessed.
(b) Report to Trade Representative
The United States Customs Service shall make the results of the monitoring and verification required by subsection (a) of this section available to the President and the Trade Representative. If, based on such information, the President has reason to believe that articles described in subheading 8540.11 of the HTS, intended for ultimate consumption in the United States, are entering the territory of a NAFTA country inconsistent with the provisions of the Agreement, or have been undervalued in a manner that may raise concerns under United States trade laws, the President shall promptly take such action as may be appropriate under all relevant provisions of the Agreement, including article 317 and chapter 20, and under applicable United States trade statutes.
(Pub. L. 103–182, title II, § 211, Dec. 8, 1993, 107 Stat. 2099.)
heading: Effective Date
text: Section effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 213(b) of Pub. L. 103–182, set out as a note under section 3331 of this title.
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.
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. § 3351 (CUSTOMS DUTIES)
§ 3351. Definitions
As used in this subpart:
(1) Canadian article
The term “Canadian article” means an article that—
(A) is an originating good under chapter 4 of the Agreement; and
(B) qualifies under the Agreement to be marked as a good of Canada.
(2) Mexican article
The term “Mexican article” means an article that—
(A) is an originating good under chapter 4 of the Agreement; and
(B) qualifies under the Agreement to be marked as a good of Mexico.
(Pub. L. 103–182, title III, § 301, Dec. 8, 1993, 107 Stat. 2100.)
heading: References in Text
text: This subpart, referred to in text, was in the original “this part”, meaning part 1 (§§ 301–308) of subtitle A of title III of Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2100, which enacted this subpart and provisions set out as a note under section 2112 of this title, and amended provisions set out as a note under section 2112 of this title.
heading: Effective Date
text: Pub. L. 103–182, title III, § 318, Dec. 8, 1993, 107 Stat. 2108, provided that: “Except as provided in section 308(b) [enacting provisions set out as a note under section 2112 of this title], the provisions of this subtitle [subtitle A (§§ 301–318) of title III of Pub. L. 103–182, enacting this part and amending section 2252 of this title and provisions set out as a note under section 2112 of this title] take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994].”
19 U.S.C. § 3352 (CUSTOMS DUTIES)
§ 3352. Commencing of action for relief
(a) Filing of petition
(1) In general
A petition requesting action under this subpart for the purpose of adjusting to the obligations of the United States under the Agreement may be filed with the International Trade Commission by an entity, including a trade association, firm, certified or recognized union, or group of workers, that is representative of an industry. The International Trade Commission shall transmit a copy of any petition filed under this subsection to the Trade Representative.
(2) Provisional relief
An entity filing a petition under this subsection may request that provisional relief be provided as if the petition had been filed under section 2252(a) of this title.
(3) Critical circumstances
An allegation that critical circumstances exist must be included in the petition or made on or before the 90th day after the date on which the investigation is initiated under subsection (b) of this section.
(b) Investigation and determination
Upon the filing of a petition under subsection (a) of this section, the International Trade Commission, unless subsection (d) of this section applies, shall promptly initiate an investigation to determine whether, as a result of the reduction or elimination of a duty provided for under the Agreement, a Canadian article or a Mexican article, as the case may be, is being imported into the United States in such increased quantities (in absolute terms) and under such conditions so that imports of the article, alone, constitute a substantial cause of—
(1) serious injury; or
(2) except in the case of a Canadian article, a threat of serious injury;
to the domestic industry producing an article that is like, or directly competitive with, the imported article.
(c) Applicable provisions
The provisions of—
(1) paragraphs (1)(B), (3) 1 (except subparagraph (A)), and (4) 1 of subsection (b);
(2) subsection (c); and
(3) subsection (d),
of section 2252 of this title apply with respect to any investigation initiated under subsection (b) of this section.
(d) Articles exempt from investigation
No investigation may be initiated under this section with respect to—
(1) any Canadian article or Mexican article if import relief has been provided under this subpart with respect to that article; or
(2) any textile or apparel article set out in Appendix 1.1 of Annex 300–B of the Agreement.
(Pub. L. 103–182, title III, § 302, Dec. 8, 1993, 107 Stat. 2100.)
heading: References in Text
text: Paragraphs (3) and (4) of subsection (b) of section 2252 of this title, referred to in subsec. (c)(1), were repealed and a new paragraph (3) was added by Pub. L. 103–465, title III, § 301(c), Dec. 8, 1994, 108 Stat. 4932.
19 U.S.C. § 3353 (CUSTOMS DUTIES)
§ 3353. International Trade Commission action on petition
(a) Determination
By no later than 120 days after the date on which an investigation is initiated under section 3352(b) of this title with respect to a petition, the International Trade Commission shall—
(1) make the determination required under that section; and
(2) if the determination referred to in paragraph (1) is affirmative and an allegation regarding critical circumstances was made under section 3352(a) of this title, make a determination regarding that allegation.
(b) Additional finding and recommendation if determination affirmative
If the determination made by the International Trade Commission under subsection (a) of this section with respect to imports of an article is affirmative, the International Trade Commission shall find, and recommend to the President in the report required under subsection (c) of this section, the amount of import relief that is necessary to remedy or, except in the case of imports of a Canadian article, prevent the injury found by the International Trade Commission in the determination. The import relief recommended by the International Trade Commission under this subsection shall be limited to that described in section 3354(c) of this title.
(c) Report to President
No later than the date that is 30 days after the date on which a determination is made under subsection (a) of this section with respect to an investigation, the International Trade Commission shall submit to the President a report that shall include—
(1) a statement of the basis for the determination;
(2) dissenting and separate views; and
(3) any finding made under subsection (b) of this section regarding import relief.
(d) Public notice
Upon submitting a report to the President under subsection (c) of this section, the International Trade Commission shall promptly make public such report (with the exception of information which the International Trade Commission determines to be confidential) and shall cause a summary thereof to be published in the Federal Register.
(e) Applicable provisions
For purposes of this subpart, the provisions of paragraphs (1), (2), and (3) of section 1330(d) of this title shall be applied with respect to determinations and findings made under this section as if such determinations and findings were made under section 2252 of this title.
(Pub. L. 103–182, title III, § 303, Dec. 8, 1993, 107 Stat. 2101.)
19 U.S.C. § 3355 (CUSTOMS DUTIES)
§ 3355. Termination of relief authority
(a) General rule
Except as provided in subsection (b) of this section, no import relief may be provided under this subpart—
(1) in the case of a Canadian article, after December 31, 1998; or
(2) in the case of a Mexican article, after the date that is 10 years after the date on which the Agreement enters into force;
unless the article against which the action is taken is an item for which the transition period for tariff elimination set out in the United States Schedule to Annex 302.2 of the Agreement is greater than 10 years, in which case the period during which relief may be granted shall be the period of staged tariff elimination for that article.
(b) Exception
Import relief may be provided under this subpart in the case of a Canadian article or Mexican article after the date on which such relief would, but for this subsection, terminate under subsection (a) of this section, but only if the Government of Canada or Mexico, as the case may be, consents to such provision.
(Pub. L. 103–182, title III, § 305, Dec. 8, 1993, 107 Stat. 2103.)
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.