dreamproit/uscode huggingface dataset:
19 U.S.C. § 3401 (CUSTOMS DUTIES)
§ 3401. Nonimmigrant traders and investors
Upon a basis of reciprocity secured by the Agreement, an alien who is a citizen of Canada or Mexico, and the spouse and children of any such alien if accompanying or following to join such alien, may, if otherwise eligible for a visa and if otherwise admissible into the United States under the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), be considered to be classifiable as a nonimmigrant under section 101(a)(15)(E) of such Act (8 U.S.C. 1101(a)(15)(E)) if entering solely for a purpose specified in Section B of Annex 1603 of the Agreement, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the Agreement. For purposes of this section, the term “citizen of Mexico” means “citizen” as defined in Annex 1608 of the Agreement.
(Pub. L. 103–182, title III, § 341(a), Dec. 8, 1993, 107 Stat. 2116.)
heading: Transfer of Section
text: Pub. L. 116–113, title V, § 503(b)(1)–(3), (f), Jan. 29, 2020, 134 Stat. 71, 72, provided that, effective on the date on which the USMCA enters into force and applicable with respect to visas issued on or after that date, section 341 of Pub. L. 103–182, subsection (a) of which comprises this section, is transferred to subtitle B of title III of Pub. L. 116–113 and redesignated as section 311 of that Act. After such effective date, transferred section will be classified to section 4561 of this title.
heading: References in Text
text: The Immigration and Nationality Act, referred to in text, is act June 27, 1952, ch. 477, 66 Stat. 163, as amended, which is classified principally to chapter 12 (§ 1101 et seq.) of Title 8, Aliens and Nationality. For complete classification of this Act to the Code, see Short Title note set out under section 1101 of Title 8 and Tables.
heading: Effective Date
text: Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat. 2118, provided that: “The provisions of this subtitle [subtitle D (§§ 341, 342) of title III of Pub. L. 103–182, enacting this section and amending section 1184 of Title 8, Aliens and Nationality] take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994].”
[Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, section 342 of Pub. L. 103–182, set out above, is repealed.]
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. § 3411 (CUSTOMS DUTIES)
§ 3411. Transportation
No regulation issued by the Secretary of Transportation implementing a recommendation of the Land Transportation Standards Subcommittee established under article 913(5)(a)(i) of the Agreement may take effect before the date 90 days after the date of issuance.
(Pub. L. 103–182, title III, § 352, Dec. 8, 1993, 107 Stat. 2122.)
heading: Repeal of Section
text: Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, this section is repealed.
heading: Effective Date of Repeal
text: Repeal effective on the date on which the USMCA enters into force, see section 601 of Pub. L. 116–113, set out as a note under section 3301 of this title.
19 U.S.C. § 3431 (CUSTOMS DUTIES)
§ 3431. References in part
Any reference in this part to an Annex, chapter, or article shall be considered to be a reference to the respective Annex, chapter, or article of the Agreement.
(Pub. L. 103–182, title IV, § 401, Dec. 8, 1993, 107 Stat. 2129.)
heading: Transfer of Section
text: Pub. L. 116–113, title V, § 504(b)(1), (2), (k), Jan. 29, 2020, 134 Stat. 72, 76, provided that, effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, this section is transferred to subtitle B of title IV of Pub. L. 113–116 and redesignated as section 411 of that Act. After such effective date, transferred section will be classified to section 4581 of this title.
heading: Effective Date
text: Pub. L. 103–182, title IV, § 416, Dec. 8, 1993, 107 Stat. 2148, provided that:
“The provisions of this title [enacting this subchapter, amending sections 1502, 1514, 1516a, 1677, and 1677f of this title and sections 1581, 1584, 2201, and 2643 of Title 28, Judiciary and Judicial Procedure, and amending provisions set out as a note under section 2112 of this title] and the amendments made by this title take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994], but shall not apply—
“(1) to any final determination described in paragraph (1)(B), or (2)(B)(i), (ii), or (iii), of section 516A(a) of the Tariff Act of 1930 [19 U.S.C. 1516a(a)(1)(B), (2)(B)(i), (ii), (iii)] notice of which is published in the Federal Register before such date, or to a determination described in paragraph (2)(B)(vi) of section 516A(a) of such Act notice of which is received by the Government of Canada or Mexico before such date; or
“(2) to any binational panel review under the United States-Canada Free-Trade Agreement, or any extraordinary challenge arising out of any such review, that was commenced before such date.”
[Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, section 416 of Pub. L. 103–182, set out above, is repealed.]
19 U.S.C. § 3434 (CUSTOMS DUTIES)
§ 3434. Requests for review of determinations by competent investigating authorities of NAFTA countries
(a) Definitions
As used in this section:
(1) Competent investigating authority
The term “competent investigating authority” means the competent investigating authority, as defined in article 1911, of a NAFTA country.
(2) United States Secretary
The term “United States Secretary” means that officer of the United States referred to in article 1908.
(b) Requests for review by United States
In the case of a final determination of a competent investigating authority, requests by the United States for binational panel review of such determination under article 1904 shall be made by the United States Secretary.
(c) Requests for review by person
In the case of a final determination of a competent investigating authority, a person, within the meaning of paragraph 5 of article 1904, may request a binational panel review of such determination by filing such a request with the United States Secretary within the time limit provided for in paragraph 4 of article 1904. The receipt of such request by the United States Secretary shall be deemed to be a request for binational panel review within the meaning of article 1904. The request for such panel review shall be without prejudice to any challenge before a binational panel of the basis for a particular request for review.
(d) Service of request for review
Whenever binational panel review of a final determination made by a competent investigating authority is requested under this section, the United States Secretary shall serve a copy of the request on all persons who would otherwise be entitled under the law of the importing country to commence proceedings for judicial review of the determination.
(Pub. L. 103–182, title IV, § 404, Dec. 8, 1993, 107 Stat. 2137.)
heading: Transfer of Section
text: Pub. L. 116–113, title V, § 504(e)(1), (2), (k), Jan. 29, 2020, 134 Stat. 75, 76, provided that, effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, this section is transferred to subtitle B of title IV of Pub. L. 113–116 and redesignated as section 414 of that Act. After such effective date, transferred section will be classified to section 4584 of this title.
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.)
heading: Transfer of Section
text: Pub. L. 116–113, title V, § 504(f)(1), (2), (k), Jan. 29, 2020, 134 Stat. 75, 76, provided that, effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, this section is transferred to subtitle B of title IV of Pub. L. 113–116 and redesignated as section 415 of that Act. After such effective date, transferred section will be classified to section 4585 of this title.
19 U.S.C. § 3436 (CUSTOMS DUTIES)
§ 3436. Subsidy negotiations
In the case of any trade agreement which may be entered into by the President with a NAFTA country, the negotiating objectives of the United States with respect to subsidies shall include—
(1) achievement of increased discipline on domestic subsidies provided by a foreign government, including—
(A) the provision of capital, loans, or loan guarantees on terms inconsistent with commercial considerations;
(B) the provision of goods or services at preferential rates;
(C) the granting of funds or forgiveness of debt to cover operating losses sustained by a specific industry; and
(D) the assumption of any costs or expenses of manufacture, production, or distribution;
(2) achievement of increased discipline on export subsidies provided by a foreign government, particularly with respect to agricultural products; and
(3) maintenance of effective remedies against subsidized imports, including, where appropriate, countervailing duties.
(Pub. L. 103–182, title IV, § 406, Dec. 8, 1993, 107 Stat. 2138.)
heading: Transfer of Section
text: Pub. L. 116–113, title V, § 504(g)(1), (2), (k), Jan. 29, 2020, 134 Stat. 75, 76, provided that, effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, this section is transferred to subtitle B of title IV of Pub. L. 113–116 and redesignated as section 416 of that Act. After such effective date, transferred section will be classified to section 4586 of this title.
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: Transfer of Section
text: Pub. L. 116–113, title V, § 504(i)(1), (2), (k), Jan. 29, 2020, 134 Stat. 76, provided that, effective on the date on which the USMCA enters into force, but not applicable to certain determinations under section 1516a of this title or binational panel reviews under NAFTA, this section is transferred to subtitle B of title IV of Pub. L. 113–116 and redesignated as section 418 of that Act. After such effective date, transferred section will be classified to section 4588 of this title.
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 [see Short Title of 2015 Amendment note set out under section 1654 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: Repeal of Section
text: Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, this section is repealed.
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)”.
heading: Effective Date of Repeal
text: Repeal effective on the date on which the USMCA enters into force, see section 601 of Pub. L. 116–113, set out as a note under section 3301 of this title.
19 U.S.C. § 3461 (CUSTOMS DUTIES)
§ 3461. Discriminatory taxes
It is the sense of the Congress that when a State, province, or other governmental entity of a NAFTA country discriminatorily enforces sales or other taxes so as to afford protection to domestic production or domestic service providers, such enforcement is in violation of the terms of the Agreement. When such discriminatory enforcement adversely affects United States producers of goods or United States service providers, the Trade Representative should pursue all appropriate remedies to obtain removal of such discriminatory enforcement, including invocation of the provisions of the Agreement.
(Pub. L. 103–182, title V, § 511, Dec. 8, 1993, 107 Stat. 2154.)
heading: Repeal of Section
text: Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, this section is repealed.
heading: Effective Date of Repeal
text: Repeal effective on the date on which the USMCA enters into force, see section 601 of Pub. L. 116–113, set out as a note under section 3301 of this title.
heading: Effective Date
text: Pub. L. 103–182, title V, § 516, Dec. 8, 1993, 107 Stat. 2160, provided that:
“(a) In General.—
Except as provided in subsection (b), the provisions of this subtitle [subtitle B (§§ 511–516) of title V of Pub. L. 103–182, enacting this part and section 2707 of this title, amending section 2242 of this title, and enacting provisions set out as a note under section 2707 of this title] shall take effect on the date the Agreement enters into force with respect to the United States [Jan. 1, 1994].
“(b) Exception.—
Section 515 [enacting section 2707 of this title and provisions set out as a note under section 2707 of this title] shall take effect on the date of the enactment of this Act [Dec. 8, 1993].”
[Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, section 516 of Pub. L. 103–182, set out above, is repealed.]
19 U.S.C. § 3463 (CUSTOMS DUTIES)
§ 3463. Report on impact of NAFTA on motor vehicle exports to Mexico
(a) Findings
The Congress makes the following findings:
(1) Trade in motor vehicles and motor vehicle parts is one of the most restricted areas of trade between the United States and Mexico.
(2) The elimination of Mexico’s restrictive barriers to trade in motor vehicles and motor vehicle parts over a 10-year period under the Agreement should increase substantially United States exports of such products to Mexico.
(3) The Department of Commerce estimates that the Agreement provides the opportunity to increase United States exports of motor vehicles and motor vehicle parts by $1,000,000,000 during the first year of the Agreement’s implementation with the potential for additional increases over the 10-year transition period.
(4) The United States automotive industry has estimated that United States exports of motor vehicles to Mexico should increase to more than 60,000 units during the first year of the Agreement’s implementation, which is substantially above the current level of 4,000 units.
(b) Trade Representative report
No later than July 1, 1995, and annually thereafter through 1999, the Trade Representative shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on how effective the provisions of the Agreement are with respect to increasing United States exports of motor vehicles and motor vehicle parts to Mexico. Each report shall identify and determine the following:
(1) The patterns of trade in motor vehicles and motor vehicle parts between the United States and Mexico during the preceding 12-month period.
(2) The level of tariff and nontariff barriers that were in force during the preceding 12-month period.
(3) The amount by which United States exports of motor vehicles and motor vehicle parts to Mexico have increased from the preceding 12-month period as a result of the elimination of Mexican tariff and nontariff barriers under the Agreement.
(4) Whether any such increase in United States exports meets the levels of new export opportunities anticipated under the Agreement.
(5) If the anticipated levels of new United States export opportunities are not reached, what actions the Trade Representative is prepared to take to realize the benefits anticipated under the Agreement, including possible initiation of additional negotiations with Mexico for the purpose of seeking modifications of the Agreement.
(Pub. L. 103–182, title V, § 514, Dec. 8, 1993, 107 Stat. 2157.)
heading: Repeal of Section
text: Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, this section is repealed.
heading: Effective Date of Repeal
text: Repeal effective on the date on which the USMCA enters into force, see section 601 of Pub. L. 116–113, set out as a note under section 3301 of this title.
19 U.S.C. § 3471 (CUSTOMS DUTIES)
§ 3471. Agreement on Labor Cooperation
(a) Commission for Labor Cooperation
(1) Membership
The United States is authorized to participate in the Commission for Labor Cooperation in accordance with the North American Agreement on Labor Cooperation.
(2) Contributions to budget
There are authorized to be appropriated to the President (or such agency as the President may designate) $2,000,000 for each of fiscal years 1994 and 1995 for United States contributions to the annual budget of the Commission for Labor Cooperation pursuant to Article 47 of the North American Agreement on Labor Cooperation. Funds authorized to be appropriated for such contributions by this paragraph are in addition to any funds otherwise available for such contributions. Funds authorized to be appropriated by this paragraph are authorized to be made available until expended.
(b) Definitions
As used in this section—
(1) the term “Commission for Labor Cooperation” means the commission established by Part Three of the North American Agreement on Labor Cooperation; and
(2) the term “North American Agreement on Labor Cooperation” means the North American Agreement on Labor Cooperation Between the Government of the United States of America, the Government of Canada, and the Government of the United Mexican States (signed at Mexico City, Washington, and Ottawa on September 8, 9, 12, and 14, 1993).
(Pub. L. 103–182, title V, § 531, Dec. 8, 1993, 107 Stat. 2163.)
heading: Repeal of Section
text: Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, provided that, effective on the date the USMCA enters into force, this section is repealed.
heading: Effective Date of Repeal
text: Repeal effective on the date on which the USMCA enters into force, see section 601 of Pub. L. 116–113, set out as a note under section 3301 of this title.