dreamproit/uscode huggingface dataset:
19 U.S.C. § 3372 (CUSTOMS DUTIES)
§ 3372. Presidential action regarding NAFTA imports
(a) In general
In determining whether to take action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] with respect to imports from a NAFTA country, the President shall determine whether—
(1) imports from such country, considered individually, account for a substantial share of total imports; or
(2) imports from a NAFTA country, considered individually, or in exceptional circumstances imports from NAFTA countries considered collectively, contribute importantly to the serious injury, or threat thereof, found by the International Trade Commission.
(b) Exclusion of NAFTA imports
In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President shall exclude from such action imports from a NAFTA country if the President makes a negative determination under subsection (a)(1) or (2) with respect to imports from such country.
(c) Action after exclusion of NAFTA country imports
(1) In general
If the President, under subsection (b), excludes imports from a NAFTA country or countries from action under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.] but thereafter determines that a surge in imports from that country or countries is undermining the effectiveness of the action—
(A) the President may take appropriate action under such chapter 1 to include those imports in the action; and
(B) any entity that is representative of an industry for which such action is being taken may request the International Trade Commission to conduct an investigation of the surge in such imports.
(2) Investigation
Upon receiving a request under paragraph (1)(B), the International Trade Commission shall conduct an investigation to determine whether a surge in such imports undermines the effectiveness of the action. The International Trade Commission shall submit the findings of its investigation to the President no later than 30 days after the request is received by the International Trade Commission.
(3) “Surge” defined
For purposes of this subsection, the term “surge” means a significant increase in imports over the trend for a recent representative base period.
(d) Condition applicable to quantitative restrictions
Any action taken under this section proclaiming a quantitative restriction shall permit the importation of a quantity or value of the article which is not less than the quantity or value of such article imported into the United States during the most recent period that is representative of imports of such article, with allowance for reasonable growth.
(Pub. L. 103–182, title III, § 312, Dec. 8, 1993, 107 Stat. 2107.)
heading: References in Text
text: The Trade Act of 1974, referred to in subsecs. (a) to (c), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
19 U.S.C. § 3435 (CUSTOMS DUTIES)
§ 3435. Rules of procedure for panels and committees
(a) Rules of procedure for binational panels
The administering authority shall prescribe rules, negotiated in accordance with paragraph 14 of article 1904, governing, with respect to binational panel reviews—
(1) requests for such reviews, complaints, other pleadings, and other papers;
(2) the amendment, filing, and service of such pleadings and papers;
(3) the joinder, suspension, and termination of such reviews; and
(4) other appropriate procedural matters.
(b) Rules of procedure for extraordinary challenge committees
The administering authority shall prescribe rules, negotiated in accordance with paragraph 2 of Annex 1904.13, governing the procedures for reviews by extraordinary challenge committees.
(c) Rules of procedure for safeguarding panel review system
The administering authority shall prescribe rules, negotiated in accordance with Annex 1905.6, governing the procedures for special committees described in such Annex.
(d) Publication of rules
The rules prescribed under subsections (a), (b), and (c) shall be published in the Federal Register.
(e) Administering authority
As used in this section, the term “administering authority” has the meaning given such term in section 1677(1) of this title.
(Pub. L. 103–182, title IV, § 405, Dec. 8, 1993, 107 Stat. 2137.)
19 U.S.C. § 3438 (CUSTOMS DUTIES)
§ 3438. Treatment of amendments to antidumping and countervailing duty law
Any amendment enacted after the Agreement enters into force with respect to the United States that is made to—
(1) section 303 1 or title VII of the Tariff Act of 1930 [19 U.S.C. 1671 et seq.], or any successor statute, or
(2) any other statute which—
(A) provides for judicial review of final determinations under such section, title, or successor statute, or
(B) indicates the standard of review to be applied,
shall apply to goods from a NAFTA country only to the extent specified in the amendment.
(Pub. L. 103–182, title IV, § 408, Dec. 8, 1993, 107 Stat. 2140.)
heading: References in Text
text: The Tariff Act of 1930, referred to in par. (1), is act June 17, 1930, ch. 497, 46 Stat. 590, as amended. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. Section 303 of the Act was classified to section 1303 of this title and was repealed, effective Jan. 1, 1995, by Pub. L. 103–465, title II, § 261(a), Dec. 8, 1994, 108 Stat. 4908. For savings provisions and treatment of references to section 1303 in other laws, see section 261(b), (d)(1)(C) of Pub. L. 103–465, set out as notes under section 1303 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.
heading: Application of Amendments by Public Law 114–27 to Goods From Canada and Mexico
text: Pub. L. 114–27, title V, § 507, June 29, 2015, 129 Stat. 387, provided that: “Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3438), the amendments made by this title [amending sections 1677, 1677b, 1677e, and 1677m of this title] shall apply with respect to goods from Canada and Mexico.”
heading: Application of Amendments by Public Law 103–465 to Goods From Canada and Mexico
text: Pub. L. 103–465, title II, § 234, Dec. 8, 1994, 108 Stat. 4901, provided that: “Pursuant to article 1902 of the North American Free Trade Agreement and section 408 of the North American Free Trade Agreement Implementation Act [19 U.S.C. 3438], the amendments made by this title [see Tables for classification] shall apply with respect to goods from Canada and Mexico.”
heading: North American Free Trade Agreement: Entry Into Force
text: The North American Free Trade Agreement entered into force on Jan. 1, 1994, see note set out under section 3311 of this title.
19 U.S.C. § 3451 (CUSTOMS DUTIES)
§ 3451. Effect of termination of NAFTA country status
(a) In general
Except as provided in subsection (b), on the date on which a country ceases to be a NAFTA country, the provisions of this title 1 (other than this section) and the amendments made by this title 1 shall cease to have effect with respect to that country.
(b) Transition provisions
(1) Proceedings regarding protective orders and undertakings
If on the date on which a country ceases to be a NAFTA country an investigation or enforcement proceeding concerning the violation of a protective order issued under section 1677f(f) of this title or an undertaking of the Government of that country is pending, the investigation or proceeding shall continue, and sanctions may continue to be imposed, in accordance with the provisions of such section 1677f(f) of this title.
(2) Binational panel and extraordinary challenge committee reviews
If on the date on which a country ceases to be a NAFTA country—
(A) a binational panel review under article 1904 of the Agreement is pending, or has been requested; or
(B) an extraordinary challenge committee review under article 1904 of the Agreement is pending, or has been requested;
with respect to a determination which involves a class or kind of merchandise and to which section 1516a(g)(2) of this title applies, such determination shall be reviewable under section 1516a(a) of this title. In the case of a determination to which the provisions of this paragraph apply, the time limits for commencing an action under section 1516a(a) of this title shall not begin to run until the date on which the Agreement ceases to be in force with respect to that country.
(Pub. L. 103–182, title IV, § 415, Dec. 8, 1993, 107 Stat. 2148; Pub. L. 104–295, § 21(c)(4), Oct. 11, 1996, 110 Stat. 3530.)
heading: References in Text
text: This title, referred to in subsec. (a), is title IV of Pub. L. 103–182, Dec. 8, 1993, 107 Stat. 2129, which enacted this subchapter, amended sections 1502, 1514, 1516a, 1677, and 1677f of this title and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure, enacted provisions set out as a note under section 3431 of this title, and amended provisions set out as a note under section 2112 of this title.
heading: Amendments
text: 1996—Subsec. (b)(2). Pub. L. 104–295 substituted “action under section 1516a(a)” for “action under 1516a(a)”.
19 U.S.C. § 3539 (CUSTOMS DUTIES)
§ 3539. Fund for WTO dispute settlements
(a) Establishment of fund
There is established in the Treasury a fund for the payment of settlements under this section.
(b) Authority of USTR to pay settlements
Amounts in the fund established under subsection (a) shall be available, as provided in appropriations Acts, only for the payment by the United States Trade Representative of the amount of the total or partial settlement of any dispute pursuant to proceedings under the auspices of the World Trade Organization, if—
(1) in the case of a total or partial settlement in an amount of not more than $10,000,000, the Trade Representative certifies to the Secretary of the Treasury that the settlement is in the best interests of the United States; and
(2) in the case of a total or partial settlement in an amount of more than $10,000,000, the Trade Representative certifies to the Congress that the settlement is in the best interests of the United States.
(c) Appropriations
There are authorized to be appropriated to the fund established under subsection (a)—
(1) $50,000,000; and
(2) amounts equivalent to amounts recovered by the United States pursuant to the settlement of disputes pursuant to proceedings under the auspices of the World Trade Organization.
Amounts appropriated to the fund are authorized to remain available until expended.
(d) Management of fund
Sections 9601 and 9602(b) of title 26 shall apply to the fund established under subsection (a) to the same extent as such provisions apply to trust funds established under subchapter A of chapter 98 of such title.
(Pub. L. 107–210, div. E, title L, § 5201, Aug. 6, 2002, 116 Stat. 1047.)
heading: Codification
text: Section was enacted as part of the Trade Act of 2002, and not as part of the Uruguay Round Agreements Act which enacted this chapter.
19 U.S.C. § 3551 (CUSTOMS DUTIES)
§ 3551. Working party on worker rights
(a) In general
The President shall seek the establishment in the GATT 1947, and, upon entry into force of the WTO Agreement with respect to the United States, in the WTO, of a working party to examine the relationship of internationally recognized worker rights, as defined in section 2467(4) of this title, to the articles, objectives, and related instruments of the GATT 1947 and of the WTO, respectively.
(b) Objectives of working party
The objectives of the United States for the working party described in subsection (a) are to—
(1) explore the linkage between international trade and internationally recognized worker rights, as defined in section 2467(4) of this title, taking into account differences in the level of development among countries;
(2) examine the effects on international trade of the systematic denial of such rights;
(3) consider ways to address such effects; and
(4) develop methods to coordinate the work program of the working party with the International Labor Organization.
(c) Report to Congress
The President shall report to the Congress, not later than 1 year after December 8, 1994, on the progress made in establishing the working party under this section, and on United States objectives with respect to the working party’s work program.
(Pub. L. 103–465, title I, § 131, Dec. 8, 1994, 108 Stat. 4839; Pub. L. 104–188, title I, § 1954(a)(6), Aug. 20, 1996, 110 Stat. 1928.)
heading: Amendments
text: 1996—Subsecs. (a), (b)(1). Pub. L. 104–188 substituted “2467(4)” for “2462(a)(4)”.
heading: Effective Date of 1996 Amendment
text: Amendment by Pub. L. 104–188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Pub. L. 104–188, set out as an Effective Date note under section 2461 of this title.
heading: Effective Date
text: Pub. L. 103–465, title I, § 138, Dec. 8, 1994, 108 Stat. 4842, provided that:
“(a) In General.—
Except as provided in section 136(d) [enacting provisions set out as a note under section 5001 of Title 26, Internal Revenue Code] and subsection (b) of this section, this subtitle [subtitle D (§§ 131–138) of title I of Pub. L. 103–465, enacting this part, amending sections 5001, 5002, 5005, 5007, 5061, 5131, 5132, 5134, and 7652 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 5001 of Title 26] and the amendments made by this subtitle take effect on the date of the enactment of this Act [Dec. 8, 1994].
“(b) Sections 132 and 135.—
Sections 132 and 135 [enacting sections 3552 and 3555 of this title] take effect on the date on which the WTO Agreement enters into force with respect to the United States [Jan. 1, 1995].”
heading: Uruguay Round Agreements: Entry Into Force
text: The Uruguay Round Agreements, including the World Trade Organization Agreement and agreements annexed to that Agreement, as referred to in section 3511(d) of this title, entered into force with respect to the United States on Jan. 1, 1995. See note set out under section 3511 of this title.
19 U.S.C. § 3553 (CUSTOMS DUTIES)
§ 3553. Membership in WTO of boycotting countries
It is the sense of the Congress that the Trade Representative should vigorously oppose the admission into the World Trade Organization of any country which, through its laws, regulations, official policies, or governmental practices, fosters, imposes, complies with, furthers, or supports any boycott described in section 4607(a) of title 50 (as in effect on August 20, 1994), including requiring or encouraging entities within that country to refuse to do business with persons who do not comply with requests to take any action prohibited under that section.
(Pub. L. 103–465, title I, § 133, Dec. 8, 1994, 108 Stat. 4839.)
19 U.S.C. § 3554 (CUSTOMS DUTIES)
§ 3554. Africa trade and development policy
(a) Development of policy
The President should develop and implement a comprehensive trade and development policy for the countries of Africa.
(b) Reports to Congress
The President shall, not later than 12 months after December 8, 1994, and annually thereafter for a period of 4 years, submit to the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives, the Committee on Finance and the Committee on Foreign Relations of the Senate, and other appropriate committees of the Congress, a report on the steps taken to carry out subsection (a).
(Pub. L. 103–465, title I, § 134, Dec. 8, 1994, 108 Stat. 4840.)
19 U.S.C. § 3624 (CUSTOMS DUTIES)
§ 3624. Additional program funding
(a) Use of additional funds
Consistent, as determined by the President, with the obligations undertaken by the United States set forth in the Uruguay Round Agreements, the Commodity Credit Corporation shall use, in addition to any other funds appropriated or made available for such purposes, any funds made available under subsection (b) for authorized export promotion, foreign market development, export credit financing, and promoting the development, commercialization, and marketing of products resulting from alternative uses of agricultural commodities.
(b) Amount of additional funds
Amounts shall be credited to the Commodity Credit Corporation in fiscal year 1995 equal to the lesser of the dollar amount of—
(1) the fiscal year 1995 Pay-As-You-Go savings; and
(2) the 5-year Pay-As-You-Go savings;
under section 902 of title 2, resulting from the enactment of the Federal Crop Insurance Reform Act of 1994.
(c) Effective date
This section shall take effect on December 8, 1994.
(Pub. L. 103–465, title IV, § 426, Dec. 8, 1994, 108 Stat. 4966.)
heading: References in Text
text: The Federal Crop Insurance Reform Act of 1994, referred to in subsec. (b), is title I of Pub. L. 103–354, Oct. 13, 1994, 108 Stat. 3179. For complete classification of this Act to the Code, see Short Title of 1994 Amendment note set out under section 1501 of Title 7, Agriculture, and Tables.
19 U.S.C. § 3702 (CUSTOMS DUTIES)
§ 3702. Statement of policy
Congress supports—
(1) encouraging increased trade and investment between the United States and sub-Saharan Africa;
(2) reducing tariff and nontariff barriers and other obstacles to sub-Saharan African and United States trade;
(3) expanding United States assistance to sub-Saharan Africa’s regional integration efforts;
(4) negotiating reciprocal and mutually beneficial trade agreements, including the possibility of establishing free trade areas that serve the interests of both the United States and the countries of sub-Saharan Africa;
(5) focusing on countries committed to the rule of law, economic reform, and the eradication of poverty;
(6) strengthening and expanding the private sector in sub-Saharan Africa, especially enterprises owned by women and small businesses;
(7) facilitating the development of civil societies and political freedom in sub-Saharan Africa;
(8) establishing a United States-Sub-Saharan Africa Trade and Economic Cooperation Forum;
(9) the accession of the countries in sub-Saharan Africa to the Organization for Economic Cooperation and Development (OECD) Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and
(10) promoting the role of women in social, political, and economic development in sub-Saharan Africa.
(Pub. L. 106–200, title I, § 103, May 18, 2000, 114 Stat. 253; Pub. L. 114–27, title I, § 106(a), June 29, 2015, 129 Stat. 368.)
heading: Amendments
text: 2015—Par. (10). Pub. L. 114–27 added par. (10).
19 U.S.C. § 3703 (CUSTOMS DUTIES)
§ 3703. Eligibility requirements
The President is authorized to designate a sub-Saharan African country as an eligible sub-Saharan African country if the President determines that the country—
(1) has established, or is making continual progress toward establishing—
(A) a market-based economy that protects private property rights for men and women, incorporates an open rules-based trading system, and minimizes government interference in the economy through measures such as price controls, subsidies, and government ownership of economic assets;
(B) the rule of law, political pluralism, and the right to due process, a fair trial, and equal protection under the law;
(C) the elimination of barriers to United States trade and investment, including by—
(i) the provision of national treatment and measures to create an environment conducive to domestic and foreign investment;
(ii) the protection of intellectual property; and
(iii) the resolution of bilateral trade and investment disputes;
(D) economic policies to reduce poverty, increase the availability of health care and educational opportunities, expand physical infrastructure, promote the development of private enterprise, and encourage the formation of capital markets through micro-credit or other programs;
(E) a system to combat corruption and bribery, such as signing and implementing the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions; and
(F) protection of internationally recognized worker rights, including the right of association, the right to organize and bargain collectively, a prohibition on the use of any form of forced or compulsory labor, a minimum age for the employment of children, and acceptable conditions of work with respect to minimum wages, hours of work, and occupational safety and health;
(2) does not engage in activities that undermine United States national security or foreign policy interests; and
(3) does not engage in gross violations of internationally recognized human rights or provide support for acts of international terrorism and cooperates in international efforts to eliminate human rights violations and terrorist activities.
(Pub. L. 106–200, title I, § 104, May 18, 2000, 114 Stat. 254; Pub. L. 114–27, title I, §§ 106(b), 111, June 29, 2015, 129 Stat. 368, 370.)
heading: Amendments
text: 2015—Pub. L. 114–27, § 111, struck out subsec. (a) designation and heading before “The President is authorized” and struck out subsec. (b). Prior to amendment, text of subsec. (b) read as follows: “If the President determines that an eligible sub-Saharan African country is not making continual progress in meeting the requirements described in subsection (a)(1) of this section, the President shall terminate the designation of the country made pursuant to subsection (a) of this section.”
Subsec. (a)(1)(A). Pub. L. 114–27, § 106(b), inserted “for men and women” after “rights”.
19 U.S.C. § 3723 (CUSTOMS DUTIES)
§ 3723. Free trade agreements with sub-Saharan African countries
(a) Declaration of policy
Congress declares that free trade agreements should be negotiated, where feasible, with interested countries in sub-Saharan Africa, in order to serve as the catalyst for increasing trade between the United States and sub-Saharan Africa and increasing private sector investment in sub-Saharan Africa.
(b) Plan requirement
(1) In general
The President, taking into account the provisions of the treaty establishing the African Economic Community and the willingness of the governments of sub-Saharan African countries to engage in negotiations to enter into free trade agreements, shall develop a plan for the purpose of negotiating and entering into one or more trade agreements with interested beneficiary sub-Saharan African countries.
(2) Elements of plan
The plan shall include the following:
(A) The specific objectives of the United States with respect to negotiations described in paragraph (1) and a suggested timetable for achieving those objectives.
(B) The benefits to both the United States and the relevant sub-Saharan African countries with respect to the applicable free trade agreement or agreements.
(C) A mutually agreed-upon timetable for the negotiations.
(D) The implications for and the role of regional and sub-regional organizations in sub-Saharan Africa with respect to such free trade agreement or agreements.
(E) Subject matter anticipated to be covered by the negotiations and United States laws, programs, and policies, as well as the laws of participating eligible African countries and existing bilateral and multilateral and economic cooperation and trade agreements, that may be affected by the agreement or agreements.
(F) Procedures to ensure the following:
(i) Adequate consultation with the Congress and the private sector during the negotiations.
(ii) Consultation with the Congress regarding all matters relating to implementation of the agreement or agreements.
(iii) Approval by the Congress of the agreement or agreements.
(iv) Adequate consultations with the relevant African governments and African regional and subregional intergovernmental organizations during the negotiation of the agreement or agreements.
(c) Reporting requirement
Not later than 12 months after May 18, 2000, the President shall prepare and transmit to the Congress a report containing the plan developed pursuant to subsection (b).
(Pub. L. 106–200, title I, § 116, May 18, 2000, 114 Stat. 266.)