dreamproit/uscode huggingface dataset:
19 U.S.C. § 4319 (CUSTOMS DUTIES)
§ 4319. Report on oversight of revenue protection and enforcement measures
(a) In general
Not later than June 30, 2016, and not later than March 31 of each second year thereafter, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report assessing, with respect to the period covered by the report, as specified in subsection (b), the following:
(1) The effectiveness of the measures taken by U.S. Customs and Border Protection with respect to protection of revenue, including—
(A) the collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.);
(B) the assessment, collection, and mitigation of commercial fines and penalties;
(C) the use of bonds, including continuous and single transaction bonds, to secure that revenue; and
(D) the adequacy of the policies of U.S. Customs and Border Protection with respect to the monitoring and tracking of merchandise transported in bond and collecting duties, as appropriate.
(2) The effectiveness of actions taken by U.S. Customs and Border Protection to measure accountability and performance with respect to protection of revenue.
(3) The number and outcome of investigations instituted by U.S. Customs and Border Protection with respect to the underpayment of duties.
(4) The effectiveness of training with respect to the collection of duties provided for personnel of U.S. Customs and Border Protection.
(b) Period covered by report
Each report required by subsection (a) shall cover the period of 2 fiscal years ending on September 30 of the calendar year preceding the submission of the report.
(Pub. L. 114–125, title I, § 112, Feb. 24, 2016, 130 Stat. 140.)
heading: References in Text
text: The Tariff Act of 1930, referred to in subsec. (a)(1)(A), is act June 17, 1930, ch. 497, 46 Stat. 590. Subtitles A and B of title VII of the Act are classified generally to parts I and II (§ 1671 et seq. and 1673 et seq.), respectively, of subtitle IV of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.
19 U.S.C. § 4320 (CUSTOMS DUTIES)
§ 4320. Importer of record program
(a) Establishment
Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall establish an importer of record program to assign and maintain importer of record numbers.
(b) Requirements
The Secretary shall ensure that, as part of the importer of record program, U.S. Customs and Border Protection—
(1) develops criteria that importers must meet in order to obtain an importer of record number, including—
(A) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to verify the existence of the importer requesting the importer of record number;
(B) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify linkages or other affiliations between importers that are requesting or have been assigned importer of record numbers; and
(C) criteria to ensure sufficient information is collected to allow U.S. Customs and Border Protection to identify changes in address and corporate structure of importers;
(2) provides a process by which importers are assigned importer of record numbers;
(3) maintains a centralized database of importer of record numbers, including a history of importer of record numbers associated with each importer, and the information described in subparagraphs (A), (B), and (C) of paragraph (1);
(4) evaluates and maintains the accuracy of the database if such information changes; and
(5) takes measures to ensure that duplicate importer of record numbers are not issued.
(c) Report
Not later than one year after February 24, 2016, the Secretary shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the importer of record program established under subsection (a).
(d) Number defined
In this section, the term “number”, with respect to an importer of record, means a filing identification number described in section 24.5 of title 19, Code of Federal Regulations (or any corresponding similar regulation) that fully supports the requirements of subsection (b) with respect to the collection and maintenance of information.
(Pub. L. 114–125, title I, § 114, Feb. 24, 2016, 130 Stat. 142.)
19 U.S.C. § 4322 (CUSTOMS DUTIES)
§ 4322. Priority trade issues
(a) In general
The Commissioner shall establish the following as priority trade issues:
(1) Agriculture programs.
(2) Antidumping and countervailing duties.
(3) Import safety.
(4) Intellectual property rights.
(5) Revenue.
(6) Textiles and wearing apparel.
(7) Trade agreements and preference programs.
(b) Modification
The Commissioner is authorized to establish new priority trade issues and eliminate, consolidate, or otherwise modify the priority trade issues described in subsection (a) if the Commissioner—
(1) determines it necessary and appropriate to do so; and
(2)
(A) in the case of new priority trade issues, submits to the appropriate congressional committees a summary of proposals to establish such new priority trade issues not later than 30 days after such new priority trade issues are to take effect; and
(B) in the case of existing priority trade issues, submits to the appropriate congressional committees a summary of proposals to eliminate, consolidate, or otherwise modify such existing priority trade issues not later than 60 days before such changes are to take effect.
(Pub. L. 114–125, title I, § 117, Feb. 24, 2016, 130 Stat. 145.)
19 U.S.C. § 4323 (CUSTOMS DUTIES)
§ 4323. Appropriate congressional committees defined
In this subchapter, the term “appropriate congressional committees” means—
(1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives.
(Pub. L. 114–125, title I, § 118, Feb. 24, 2016, 130 Stat. 145.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 127, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
19 U.S.C. § 4333 (CUSTOMS DUTIES)
§ 4333. Training
The Commissioner shall ensure that personnel of U.S. Customs and Border Protection assigned to United States ports of entry are trained to effectively administer the provisions of this subchapter and to otherwise assist in ensuring the safety of merchandise imported into the United States and the expeditious entry of such merchandise.
(Pub. L. 114–125, title II, § 203, Feb. 24, 2016, 130 Stat. 148.)
19 U.S.C. § 4341 (CUSTOMS DUTIES)
§ 4341. Definition of intellectual property rights
In this subchapter, the term “intellectual property rights” refers to copyrights, trademarks, and other forms of intellectual property rights that are enforced by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(Pub. L. 114–125, title III, § 301, Feb. 24, 2016, 130 Stat. 149.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 149, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables.
19 U.S.C. § 4342 (CUSTOMS DUTIES)
§ 4342. Notification of Persons Injured by Circumvention Devices
(1) In general
Not later than the date that is 30 business days after seizing merchandise pursuant to subparagraph (G) of section 1596a(c)(2) of this title, the Commissioner shall provide to any person identified under paragraph (2) information regarding the merchandise seized that is equivalent to information provided to copyright owners under regulations of U.S. Customs and Border Protection for merchandise seized for violation of the copyright laws.
(2) Persons to be provided information
Any person injured by the violation of subsection (a)(2) or (b)(1) of section 1201 of title 17 that resulted in the seizure of the merchandise shall be provided information under paragraph (1), if that person is included on a list to be established and maintained by the Commissioner. The Commissioner shall publish notice of the establishment of and revisions to the list in the Federal Register.
(3) Regulations
Not later than the date that is one year after February 24, 2016, the Secretary of the Treasury shall prescribe regulations establishing procedures that implement this section.
(Pub. L. 114–125, title III, § 303(b), Feb. 24, 2016, 130 Stat. 150.)
19 U.S.C. § 4343 (CUSTOMS DUTIES)
§ 4343. Enforcement by U.S. Customs and Border Protection of works for which copyright registration is pending
Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall authorize a process pursuant to which the Commissioner shall enforce a copyright for which the owner has submitted an application for registration under title 17 with the United States Copyright Office, to the same extent and in the same manner as if the copyright were registered with the Copyright Office, including by sharing information, images, and samples of merchandise suspected of infringing the copyright under section 1628a of this title.
(Pub. L. 114–125, title III, § 304, Feb. 24, 2016, 130 Stat. 150.)
19 U.S.C. § 4345 (CUSTOMS DUTIES)
§ 4345. Joint strategic plan for the enforcement of intellectual property rights
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall include in the joint strategic plan required by section 4314 of this title—
(1) a description of the efforts of the Department of Homeland Security to enforce intellectual property rights;
(2) a list of the 10 United States ports of entry at which U.S. Customs and Border Protection has seized the most merchandise, both by volume and by value, that infringes intellectual property rights during the most recent 2-year period for which data are available; and
(3) a recommendation for the optimal allocation of personnel, resources, and technology to ensure that U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement are adequately enforcing intellectual property rights.
(Pub. L. 114–125, title III, § 306, Feb. 24, 2016, 130 Stat. 152.)
19 U.S.C. § 4346 (CUSTOMS DUTIES)
§ 4346. Personnel dedicated to the enforcement of intellectual property rights
(a) Personnel of U.S. Customs and Border Protection
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall ensure that sufficient personnel are assigned throughout U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, who have responsibility for preventing the importation into the United States of merchandise that infringes intellectual property rights.
(b) Staffing of National Intellectual Property Rights Coordination Center
The Commissioner shall—
(1) assign not fewer than 3 full-time employees of U.S. Customs and Border Protection to the National Intellectual Property Rights Coordination Center established under section 4344 of this title; and
(2) ensure that sufficient personnel are assigned to United States ports of entry to carry out the directives of the Center.
(Pub. L. 114–125, title III, § 307, Feb. 24, 2016, 130 Stat. 152.)
19 U.S.C. § 4347 (CUSTOMS DUTIES)
§ 4347. Training with respect to the enforcement of intellectual property rights
(a) Training
The Commissioner shall ensure that officers of U.S. Customs and Border Protection are trained to effectively detect and identify merchandise destined for the United States that infringes intellectual property rights, including through the use of technologies identified under subsection (c).
(b) Consultation with private sector
The Commissioner shall consult with private sector entities to better identify opportunities for collaboration between U.S. Customs and Border Protection and such entities with respect to training for officers of U.S. Customs and Border Protection in enforcing intellectual property rights.
(c) Identification of new technologies
In consultation with private sector entities, the Commissioner shall identify—
(1) technologies with the cost-effective capability to detect and identify merchandise at United States ports of entry that infringes intellectual property rights; and
(2) cost-effective programs for training officers of U.S. Customs and Border Protection to use such technologies.
(d) Donations of technology
Not later than the date that is 180 days after February 24, 2016, the Commissioner shall prescribe regulations to enable U.S. Customs and Border Protection to receive donations of hardware, software, equipment, and similar technologies, and to accept training and other support services, from private sector entities, for the purpose of enforcing intellectual property rights.
(Pub. L. 114–125, title III, § 308, Feb. 24, 2016, 130 Stat. 153.)
19 U.S.C. § 4348 (CUSTOMS DUTIES)
§ 4348. International cooperation and information sharing
(a) Cooperation
The Secretary of Homeland Security shall coordinate with the competent law enforcement and customs authorities of foreign countries, including by sharing information relevant to enforcement actions, to enhance the efforts of the United States and such authorities to enforce intellectual property rights.
(b) Technical assistance
The Secretary of Homeland Security shall provide technical assistance to competent law enforcement and customs authorities of foreign countries to enhance the ability of such authorities to enforce intellectual property rights.
(c) Interagency collaboration
The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall lead interagency efforts to collaborate with law enforcement and customs authorities of foreign countries to enforce intellectual property rights.
(Pub. L. 114–125, title III, § 309, Feb. 24, 2016, 130 Stat. 153.)
19 U.S.C. § 4350 (CUSTOMS DUTIES)
§ 4350. Information for travelers regarding violations of intellectual property rights
(a) In general
The Secretary of Homeland Security shall develop and carry out an educational campaign to inform travelers entering or leaving the United States about the legal, economic, and public health and safety implications of acquiring merchandise that infringes intellectual property rights outside the United States and importing such merchandise into the United States in violation of United States law.
(b) Declaration forms
The Commissioner shall ensure that all versions of Declaration Form 6059B of U.S. Customs and Border Protection, or a successor form, including any electronic equivalent of Declaration Form 6059B or a successor form, printed or displayed on or after the date that is 30 days after February 24, 2016, include a written warning to inform travelers arriving in the United States that importation of merchandise into the United States that infringes intellectual property rights may subject travelers to civil or criminal penalties and may pose serious risks to safety or health.
(Pub. L. 114–125, title III, § 311, Feb. 24, 2016, 130 Stat. 155.)
19 U.S.C. § 4361 (CUSTOMS DUTIES)
§ 4361. Definitions
In this subchapter:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means—
(A) the Committee on Finance and the Committee on Appropriations of the Senate; and
(B) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.
(2) Covered merchandise
The term “covered merchandise” means merchandise that is subject to—
(A) a countervailing duty order issued under section 706 of the Tariff Act of 1930 (19 U.S.C. 1671e); or
(B) an antidumping duty order issued under section 736 of the Tariff Act of 1930 (19 U.S.C. 1673e).
(3) Eligible small business
(A) In general
The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.
(B) Nonreviewability
Any agency decision regarding whether a business concern is an eligible small business for purposes of section 4371(b)(4)(E) of this title is not reviewable by any other agency or by any court.
(4) Enter; entry
The terms “enter” and “entry” refer to the entry, or withdrawal from warehouse for consumption, of merchandise in the customs territory of the United States.
(5) Evade; evasion
The terms “evade” and “evasion” refer to entering covered merchandise into the customs territory of the United States by means of any document or electronically transmitted data or information, written or oral statement, or act that is material and false, or any omission that is material, and that results in any cash deposit or other security or any amount of applicable antidumping or countervailing duties being reduced or not being applied with respect to the merchandise.
(6) Secretary
The term “Secretary” means the Secretary of the Treasury.
(7) Trade remedy laws
The term “trade remedy laws” means title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.).
(Pub. L. 114–125, title IV, § 402, Feb. 24, 2016, 130 Stat. 155.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 155, which is classified principally to this subchapter. For complete classification of title IV to the Code, see section 401 of Pub. L. 114–125, set out as a Short Title of 2016 Amendment note under section 4301 of this title, and Tables.
The Tariff Act of 1930, referred to in par. (7), is act June 17, 1930, ch. 497, 46 Stat. 590. Title VII of the Act is classified generally to subtitle IV (§ 1671 et seq.) of chapter 4 of this title. For complete classification of this Act to the Code, see section 1654 of this title and Tables.
19 U.S.C. § 4362 (CUSTOMS DUTIES)
§ 4362. Application to Canada and Mexico
Pursuant to article 1902 of the North American Free Trade Agreement and section 3438 of this title, this subchapter and the amendments made by this subchapter shall apply with respect to goods from Canada and Mexico.
(Pub. L. 114–125, title IV, § 403, Feb. 24, 2016, 130 Stat. 156.)
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title IV of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 155, which is classified principally to this subchapter. For complete classification of title IV to the Code, see section 401 of Pub. L. 114–125, set out as a Short Title of 2016 Amendment note under section 4301 of this title, and Tables.
19 U.S.C. § 4372 (CUSTOMS DUTIES)
§ 4372. Collection of information on evasion of trade remedy laws
(a) Authority to collect information
To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner—
(1) shall exercise all existing authorities to collect information needed to make the determination; and
(2) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to—
(A) a person who filed an allegation with respect to the covered merchandise;
(B) a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or
(C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion.
(b) Adverse inference
(1) Use of adverse inference
(A) In general
If the Secretary finds that a person described in subparagraph (B) has failed to cooperate by not acting to the best of the person’s ability to comply with a request for information under subsection (a), the Secretary may, in making a determination whether an entry or entries of covered merchandise may constitute merchandise that is entered into the customs territory of the United States through evasion, use an inference that is adverse to the interests of that person in selecting from among the facts otherwise available to determine whether evasion has occurred.
(B) Person described
A person described in this subparagraph is—
(i) a person who filed an allegation with respect to covered merchandise;
(ii) a person alleged to have entered covered merchandise into the customs territory of the United States through evasion; or
(iii) a foreign producer or exporter of covered merchandise that is alleged to have entered into the customs territory of the United States through evasion.
(C) Application
An inference described in subparagraph (A) may be used under that subparagraph with respect to a person described in clause (ii) or (iii) of subparagraph (B) without regard to whether another person involved in the same transaction or transactions under examination has provided the information sought by the Secretary, such as import or export documentation.
(2) Adverse inference described
An adverse inference used under paragraph (1)(A) may include reliance on information derived from—
(A) the allegation of evasion of the trade remedy laws, if any, submitted to U.S. Customs and Border Protection;
(B) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or
(C) any other available information.
(Pub. L. 114–125, title IV, § 412, Feb. 24, 2016, 130 Stat. 158.)
19 U.S.C. § 4373 (CUSTOMS DUTIES)
§ 4373. Additional information
Notwithstanding any other provision of law, the Secretary is authorized to provide to the Secretary of Commerce or the United States International Trade Commission any information that is necessary to enable the Secretary of Commerce or the United States International Trade Commission to assist the Secretary to identify, through risk assessment targeting or otherwise, covered merchandise that is entered into the customs territory of the United States through evasion.
(Pub. L. 114–125, title IV, § 413(b), Feb. 24, 2016, 130 Stat. 160.)