dreamproit/uscode huggingface dataset:
19 U.S.C. § 1683c (CUSTOMS DUTIES)
§ 1683c. Export charge determination and publication
(a) Determination
The Under Secretary for International Trade of the Department of Commerce shall determine, on a monthly basis, any export charges (expressed as a percentage of export price) to be collected by a country of export from exporters of softwood lumber or softwood lumber products described in section 1683b(a) of this title in order to ensure compliance with any international agreement entered into by that country and the United States.
(b) Publication
The Under Secretary for International Trade shall immediately publish any determination made under subsection (a) on the website of the International Trade Administration of the Department of Commerce, and in any other manner the Under Secretary considers appropriate.
(June 17, 1930, ch. 497, title VIII, § 805, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.)
heading: Effective Date
text: Section effective 60 days after June 18, 2008, see section 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title.
19 U.S.C. § 1683d (CUSTOMS DUTIES)
§ 1683d. Reconciliation
The Secretary of the Treasury shall conduct reconciliations to ensure the proper implementation and operation of international agreements entered into between a country of export of softwood lumber or softwood lumber products described in section 1683b(a) of this title and the United States. The Secretary of Treasury shall reconcile the following:
(1) The export price declared by a United States importer pursuant to section 1683a(b)(1) of this title with the export price reported to the United States by the country of export, if any.
(2) The export price declared by a United States importer pursuant to section 1683a(b)(1) of this title with the revised export price reported to the United States by the country of export, if any.
(June 17, 1930, ch. 497, title VIII, § 806, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.)
heading: References in Text
text: Section 1683a of this title, referred to in pars. (1) and (2), was in the original section “803”, and was translated as meaning the section 803 of act June 17, 1930, as added by section 3301(a) of Pub. L. 110–246, to reflect the probable intent of Congress.
heading: Effective Date
text: Section effective 60 days after June 18, 2008, see section 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title.
19 U.S.C. § 1683e (CUSTOMS DUTIES)
§ 1683e. Verification
(a) In general
The Secretary of Treasury shall periodically verify the declarations made by a United States importer pursuant to section 1683a(c) of this title, including by determining whether—
(1) the export price declared by a United States importer pursuant to section 1683a(b)(1) of this title is the same as the export price provided on the export permit, if any, issued by the country of export; and
(2) the estimated export charge declared by a United States importer pursuant to section 1683a(b)(2) of this title is consistent with the determination published by the Under Secretary for International Trade pursuant to section 1683c(b) of this title.
(b) Examination of books and records
(1) In general
Any record relating to the importer declaration program required under section 1683a of this title shall be treated as a record required to be maintained and produced under title V of this Act.1
(2) Examination of records
The Secretary of the Treasury is authorized to take such action, and examine such records, under section 1509 of this title, as the Secretary determines necessary to verify the declarations made pursuant to section 1683a(c) of this title are true and accurate.
(June 17, 1930, ch. 497, title VIII, § 807, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1851.)
heading: References in Text
text: Section 1683a, referred to in text, was in the original section “803”, and was translated as meaning the section 803 of act June 17, 1930, as added by section 3301(a) of Pub. L. 110–246, to reflect the probable intent of Congress.
This Act, referred to in subsec. (b)(1), is act June 17, 1930, ch. 497, 46 Stat. 590, known as the Tariff Act of 1930, which is classified generally to this chapter. The Act does not contain a title V. For complete classification of this Act to the Code, see section 1654 of this title and Tables.
heading: Effective Date
text: Section effective 60 days after June 18, 2008, see section 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title.
19 U.S.C. § 1683f (CUSTOMS DUTIES)
§ 1683f. Penalties
(a) In general
It shall be unlawful for any person to import into the United States softwood lumber or softwood lumber products in knowing violation of this subtitle.
(b) Civil penalties
Any person who commits an unlawful act as set forth in subsection (a) shall be liable for a civil penalty not to exceed $10,000 for each knowing violation.
(c) Other penalties
In addition to the penalties provided for in subsection (b), any violation of this subtitle that violates any other customs law of the United States shall be subject to any applicable civil and criminal penalty, including seizure and forfeiture, that may be imposed under such custom law or title 18, with respect to the importation of softwood lumber and softwood lumber products described in section 1683b(a) of this title.
(d) Factors to consider in assessing penalties
In determining the amount of civil penalties to be assessed under this section, consideration shall be given to any history of prior violations of this subtitle by the person, the ability of the person to pay the penalty, the seriousness of the violation, and such other matters as fairness may require.
(e) Notice
No penalty may be assessed under this section against a person for violating a provision of this subtitle unless the person is given notice and opportunity to make statements, both oral and written, with respect to such violation.
(f) Exception
Notwithstanding any other provision of this subtitle, and without limitation, an importer shall not be found to have violated subsection 1 1683a(c) of this title if—
(1) the importer made an appropriate inquiry in accordance with section 1683a(c)(1) of this title with respect to the declaration;
(2) the importer produces records maintained pursuant to section 1683e(b) of this title that substantiate the declaration; and
(3) there is not substantial evidence indicating that the importer knew that the fact to which the importer made the declaration was false.
(June 17, 1930, ch. 497, title VIII, § 808, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.)
heading: References in Text
text: Section 1683a of this title, referred to in subsec. (f), was in the original section “803”, and was translated as meaning the section 803 of act June 17, 1930, as added by section 3301(a) of Pub. L. 110–246, to reflect the probable intent of Congress.
heading: Effective Date
text: Section effective 60 days after June 18, 2008, see section 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title.
19 U.S.C. § 1683g (CUSTOMS DUTIES)
§ 1683g. Reports
(a) Semiannual reports
Not later than 180 days after the effective date of this subtitle, and every 180 days thereafter, the President shall submit to the appropriate congressional committees a report—
(1) describing the reconciliations conducted under section 1683d of this title,1 and the verifications conducted under section 1683e of this title;
(2) identifying the manner in which the United States importers subject to reconciliations conducted under section 1683d of this title and verifications conducted under section 1683e of this title were chosen;
(3) identifying any penalties imposed under section 1683f of this title;
(4) identifying any patterns of noncompliance with this subtitle; and
(5) identifying any problems or obstacles encountered in the implementation and enforcement of this subtitle.
(b) Subsidies reports
Not later than 180 days after June 18, 2008, and every 180 days thereafter, the Secretary of Commerce shall provide to the appropriate congressional committees a report on any subsidies on softwood lumber or softwood lumber products, including stumpage subsidies, provided by countries of export.
(c) GAO reports
The Comptroller General of the United States shall submit the following reports to the appropriate congressional committees:
(1) Not later than 18 months after June 18, 2008, a report on the effectiveness of the reconciliations conducted under section 1683d of this title,1 and verifications conducted under section 1683e of this title.
(2) Not later than 12 months after June 18, 2008, a report on whether countries that export softwood lumber or softwood lumber products to the United States are complying with any international agreements entered into by those countries and the United States.
(June 17, 1930, ch. 497, title VIII, § 809, as added Pub. L. 110–246, title III, § 3301(a), June 18, 2008, 122 Stat. 1852.)
heading: References in Text
text: For the effective date of this subtitle, referred to in subsec. (a), see section 3301(b) of Pub. L. 110–246, set out as an Effective Date note under section 1683 of this title.
heading: Effective Date
text: Section effective 60 days after June 18, 2008, see section 3301(b) of Pub. L. 110–246, set out as a note under section 1683 of this title.
19 U.S.C. § 2513 (CUSTOMS DUTIES)
§ 2513. Waiver of discriminatory purchasing requirements with respect to purchases of civil aircraft
The President may waive the application of the provisions of chapter 83 of title 41 in the case of any procurement of civil aircraft and related articles of a country or instrumentality which is a party to the Agreement on Trade in Civil Aircraft referred to in section 2503(c) of this title and approved under section 2503(a) of this title. The President may modify or withdraw any waiver granted pursuant to this section.
(Pub. L. 96–39, title III, § 303, July 26, 1979, 93 Stat. 238; Pub. L. 103–465, title III, § 342(a), Dec. 8, 1994, 108 Stat. 4953.)
heading: Codification
text: In text, “chapter 83 of title 41” substituted for “title III of the Act of March 3, 1933 (41 U.S.C. 10a et seq.), popularly referred to as the Buy American Act,” on authority of Pub. L. 111–350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
heading: Amendments
text: 1994—Pub. L. 103–465 inserted “referred to in section 2503(c) of this title and approved under section 2503(a) of this title” after “Civil Aircraft”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title.
heading: Effective Date
text: Section effective July 26, 1979, but authority of President to grant waivers under this section effective on Jan. 1, 1980, see section 309 of Pub. L. 96–39, set out as a note under section 2511 of this title.
heading: Delegation of Functions
text: Functions of President under this section delegated to United States Trade Representative, see section 1–103(b) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 990, set out as a note under section 2171 of this title.
19 U.S.C. § 2516 (CUSTOMS DUTIES)
§ 2516. Repealed. Pub. L. 103–355, title VII, § 7206(c), Oct. 13, 1994, 108 Stat. 3382; Pub. L. 103–465, title III, § 342(d), Dec. 8, 1994, 108 Stat. 4953
text: Section, Pub. L. 96–39, title III, § 306, July 26, 1979, 93 Stat. 240, related to labor surplus area studies.
heading: Effective Date of Repeal
text: Repeal by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as an Effective Date of 1994 Amendment note under section 2512 of this title.
19 U.S.C. § 2517 (CUSTOMS DUTIES)
§ 2517. Availability of information to Members of Congress designated as official advisers
The United States Trade Representative shall make available to the Members of Congress designated as official advisers pursuant to section 2211 of this title information compiled by the Committee on Government Procurement under article XIX(5) of the Agreement.
(Pub. L. 96–39, title III, § 307, July 26, 1979, 93 Stat. 240; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 103–465, title III, § 342(e), Dec. 8, 1994, 108 Stat. 4953.)
heading: Amendments
text: 1994—Pub. L. 103–465 substituted “article XIX(5)” for “part VI, paragraph 9,”.
heading: Change of Name
text: “United States Trade Representative” substituted in text for “Special Representative for Trade Negotiations” pursuant to Reorg. Plan No. 3 of 1979, § 1(1)(b), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1–107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97–456.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on the date on which the Agreement on Government Procurement, referred to in section 3511(d)(17) of this title, enters into force with respect to the United States (Jan. 1, 1995), see section 344(a) of Pub. L. 103–465, set out as a note under section 2512 of this title.
19 U.S.C. § 2573 (CUSTOMS DUTIES)
§ 2573. Reports to Congress on operation of agreement
As soon as practicable after the close of the 3-year period beginning on the date on which this subchapter takes effect, and as soon as practicable after the close of each succeeding 3-year period through 2001, the Trade Representative shall prepare and submit to Congress a report containing an evaluation of the operation of the Agreement, both domestically and internationally, during the period.
(Pub. L. 96–39, title IV, § 453, July 26, 1979, 93 Stat. 250; Pub. L. 103–182, title III, § 351(b)(2)(A), Dec. 8, 1993, 107 Stat. 2122; Pub. L. 103–465, title III, § 351(f), Dec. 8, 1994, 108 Stat. 4957; 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.
1994—Pub. L. 103–465 inserted “through 2001” after “succeeding 3-year period”.
1993—Pub. L. 103–182, as amended by Pub. L. 104–295, substituted “Trade Representative” for “Special Representative”.
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 352 of Pub. L. 103–465, set out as a note under section 2531 of this title.
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: Section 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. § 2578b (CUSTOMS DUTIES)
§ 2578b. Definitions
(a) In general
As used in this part:
(1) Agency
The term “agency” means a Federal department or agency (or combination of Federal departments or agencies).
(2) Commissioner
The term “Commissioner” means the Commissioner of Food and Drugs.
(3) International standard-setting organization
The term “international standard-setting organization” means an organization consisting of representatives of 2 or more countries, the purpose of which is to negotiate, develop, promulgate, or amend an international standard.
(4) Sanitary or phytosanitary standard
The term “sanitary or phytosanitary standard” means a standard intended to form a basis for a sanitary or phytosanitary measure.
(5) International standard
The term “international standard” means a standard, guideline, or recommendation—
(A) regarding food safety, adopted by the Codex Alimentarius Commission, including a standard, guideline, or recommendation regarding decomposition elaborated by the Codex Committee on Fish and Fishery Products, food additives, contaminants, hygienic practice, and methods of analysis and sampling;
(B) regarding animal health and zoonoses, developed under the auspices of the International Office of Epizootics;
(C) regarding plant health, developed under the auspices of the Secretariat of the International Plant Protection Convention in cooperation with the North American Plant Protection Organization; or
(D) established by or developed under any other international organization agreed to by the NAFTA countries (as defined in section 3301(4) of this title) or by the WTO members (as defined in section 3501(10) of this title).
(b) Other definitions
The definitions set forth in section 2575b of this title apply for purposes of this part except that in applying paragraph (7) of section 2575b of this title with respect to a sanitary or phytosanitary measure of a foreign country, any reference in such paragraph to the United States shall be deemed to be a reference to that foreign country.
(Pub. L. 96–39, title IV, § 493, as added Pub. L. 103–465, title IV, § 432, Dec. 8, 1994, 108 Stat. 4972.)
heading: Effective Date
text: Section 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.
19 U.S.C. § 2906 (CUSTOMS DUTIES)
§ 2906. Definitions
For purposes of this chapter:
(1) The term “distortion” includes, but is not limited to, a subsidy.
(2) The term “foreign country” includes any foreign instrumentality. Any territory or possession of a foreign country that is administered separately for customs purposes, shall be treated as a separate foreign country.
(3) The term “GATT” means the GATT 1947 (as defined in section 3501(1)(A) of this title).
(4) The term “implementing bill” has the meaning given such term in section 2191(b)(1) of this title.
(5) The term “international trade” includes, but is not limited to—
(A) trade in both goods and services, and
(B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.
(6) The term “state trading enterprise” means—
(A) any agency, instrumentality, or administrative unit of a foreign country which—
(i) purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or
(ii) sells goods or services in international trade; or
(B) any business firm which—
(i) is substantially owned or controlled by a foreign country or any agency, instrumentality, or administrative unit thereof,
(ii) is granted (formally or informally) any special or exclusive privilege by such foreign country, agency, instrumentality, or administrative unit, and
(iii) purchases goods or services in international trade for any purpose other than the use of such goods or services by such foreign country, agency, instrumentality, or administrative unit, or which sells goods or services in international trade.
(Pub. L. 100–418, title I, § 1107, Aug. 23, 1988, 102 Stat. 1134; Pub. L. 103–465, title VI, § 621(a)(5), Dec. 8, 1994, 108 Stat. 4993.)
heading: References in Text
text: This chapter, referred to in text, was in the original “this part”, meaning part 1 (§§ 1101 to 1107) of subtitle A of title I of Pub. L. 100–418, which enacted this chapter and amended sections 2131, 2133, and 2191 of this title. For complete classification of part 1 to the Code, see Tables.
heading: Codification
text: Section is comprised of subsec. (a) of section 1107 of Pub. L. 100–418. Subsec. (b) of section 1107 of Pub. L. 100–418 amended sections 2131 and 2191 of this title.
heading: Amendments
text: 1994—Par. (3). Pub. L. 103–465 substituted “the GATT 1947 (as defined in section 3501(1)(A) of this title)” for “the General Agreement on Tariffs and Trade”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.
19 U.S.C. § 3107 (CUSTOMS DUTIES)
§ 3107. Compensation authority
If—
(1) the President has taken action under section 3105(a) of this title with respect to any foreign country, and
(2) such action is found to be inconsistent with the international obligations of the United States, including the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title),
the President may enter into trade agreements with such foreign country for the purpose of granting new concessions as compensation for such action in order to maintain the general level of reciprocal and mutually advantageous concessions.
(Pub. L. 100–418, title I, § 1378, Aug. 23, 1988, 102 Stat. 1222; Pub. L. 103–465, title VI, § 621(a)(6), Dec. 8, 1994, 108 Stat. 4993.)
heading: Amendments
text: 1994—Par. (2). Pub. L. 103–465 substituted “the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title)” for “the General Agreement on Tariffs and Trade”.
heading: Effective Date of 1994 Amendment
text: Amendment by Pub. L. 103–465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 621(b) of Pub. L. 103–465, set out as a note under section 1677k of this title.