dreamproit/uscode huggingface dataset:
19 U.S.C. § 2545 (CUSTOMS DUTIES)
§ 2545. Contracts and grants
(a) In general
For purposes of carrying out this subchapter, and otherwise encouraging compliance with the Agreement, the Trade Representative and the Secretary concerned may each, with respect to functions for which responsible under this subchapter, make grants to, or enter into contracts with, any other Federal agency, any State agency, or any private person, to assist such agency or person to implement appropriate programs and activities, including, but not limited to, programs and activities—
(1) to increase awareness of proposed and adopted standards-related activities;
(2) to facilitate international trade through the appropriate international and domestic standards-related activities;
(3) to provide, if appropriate, and pursuant to section 2543 of this title, adequate United States representation in international standards-related activities; and
(4) to encourage United States exports through increased awareness of foreign standards-related activities that may affect United States exports.
No contract entered into under this section shall be effective except to such extent, and in such amount, as is provided in advance in appropriation Acts.
(b) Terms and conditions
Any contract entered into, or any grant made, under subsection (a) shall be subject to such terms and conditions as the Trade Representative or Secretary concerned shall by regulation prescribe as being necessary or appropriate to protect the interests of the United States.
(c) Limitations
Financial assistance extended under this section shall not exceed 75 percent of the total costs (as established by the Trade Representative or Secretary concerned, as the case may be) of the program or activity for which assistance is made available. The non-Federal share of such costs shall be made in cash or kind, consistent with the maintenance of the program or activity concerned.
(d) Audit
Each recipient of a grant or contract under this section shall make available to the Trade Representative or the Secretary concerned, as the case may be, and to the Comptroller General of the United States, for purposes of audit and examination, any book, document, paper, and record that is pertinent to the funds received under such grant or contract.
(Pub. L. 96–39, title IV, § 415, July 26, 1979, 93 Stat. 246; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 104–295, § 21(b)(1), Oct. 11, 1996, 110 Stat. 3529.)
heading: Amendments
text: 1996—Pub. L. 104–295 amended directory language of Pub. L. 103–182. See 1993 Amendment note below.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative” wherever appearing.
19 U.S.C. § 2578 (CUSTOMS DUTIES)
§ 2578. Notice of United States participation in international standard-setting activities
(a) In general
The President shall designate an agency to be responsible for informing the public of the sanitary and phytosanitary standard-setting activities of each international standard-setting organization.
(b) Notification
Not later than June 1 of each year, the agency designated under subsection (a) with respect to each international standard-setting organization shall publish notice in the Federal Register of the information specified in subsection (c) with respect to that organization. The notice shall cover the period ending on June 1 of the year in which the notice is published, and beginning on the date of the preceding notice under this subsection, except that the first such notice shall cover the 1-year period ending on the date of the notice.
(c) Required information
The information to be provided in the notice under subsection (b) is—
(1) the sanitary or phytosanitary standards under consideration or planned for consideration by that organization;
(2) for each sanitary or phytosanitary standard specified in paragraph (1)—
(A) a description of the consideration or planned consideration of the standard;
(B) whether the United States is participating or plans to participate in the consideration of the standard;
(C) the agenda for the United States participation, if any; and
(D) the agency responsible for representing the United States with respect to the standard.
(d) Public comment
The agency specified in subsection (c)(2)(D) shall provide an opportunity for public comment with respect to the standards for which the agency is responsible and shall take the comments into account in participating in the consideration of the standards and in proposing matters to be considered by the organization.
(Pub. L. 96–39, title IV, § 491, as added Pub. L. 103–465, title IV, § 432, Dec. 8, 1994, 108 Stat. 4970.)
heading: Effective Date
text: Part effective on the date of entry into force of the WTO Agreement with respect to the United States [Jan. 1, 1995], except as otherwise provided, see section 451 of Pub. L. 103–465, set out as a note under section 3601 of this title.
heading: Designation of Agency
text: Secretary of Agriculture designated under this section as official responsible for informing public of sanitary and phytosanitary standard-setting activities of each international standard-setting organization, see par. (4) of Proc. No. 6780, Mar. 23, 1995, 60 F.R. 15847, set out as a note under section 3511 of this title.
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), 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. § 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) 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) 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), 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. § 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), 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)—
(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) 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. § 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).
(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). 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. § 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) 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. § 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).
(b) Investigation and determination
Upon the filing of a petition under subsection (a), the International Trade Commission, unless subsection (d) 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).
(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) 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), 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) 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) regarding import relief.
(d) Public notice
Upon submitting a report to the President under subsection (c), 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), 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), 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.