dreamproit/uscode huggingface dataset:
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: Editorial Notes
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 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 10.10 of the USMCA (as defined in section 4502 of this title) and section 4588 of this title, this subchapter and the amendments made by this title 1 shall apply with respect to goods from Canada and Mexico.
(Pub. L. 114–125, title IV, § 403, Feb. 24, 2016, 130 Stat. 156; Pub. L. 116–260, div. O, title VI, § 602(c), Dec. 27, 2020, 134 Stat. 2153.)
heading: Editorial Notes
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 note under section 4301 of this title and Tables.
The amendments made by this title, referred to in text, mean the amendments made by title IV of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 155. For complete classification of title IV to the Code, see section 401 of Pub. L. 114–125, set out as a Short Title note under section 4301 of this title and Tables.
heading: Amendments
text: 2020—Pub. L. 116–260 substituted “article 10.10 of the USMCA (as defined in section 4502 of this title) and section 4588 of this title” for “article 1902 of the North American Free Trade Agreement and section 3438 of this title”.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2020 Amendment
text: Amendment by Pub. L. 116–260 effective July 1, 2020, see section 602(g) of div. O of Pub. L. 116–260, set out as a note under section 2578b of this title.
19 U.S.C. § 4404 (CUSTOMS DUTIES)
§ 4404. Report on actions taken by United States Trade Representative
Not later than one year after the appointment of the first Chief Innovation and Intellectual Property Negotiator pursuant to paragraph (2) of section 2171(b) of this title, as amended by subsection (a),1 and annually thereafter, the United States Trade Representative shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report describing in detail—
(1) enforcement actions taken by the Trade Representative during the one-year period preceding the submission of the report to ensure the protection of United States innovation and intellectual property interests; and
(2) other actions taken by the Trade Representative to advance United States innovation and intellectual property interests.
(Pub. L. 114–125, title VI, § 609(c), Feb. 24, 2016, 130 Stat. 190.)
heading: Editorial Notes
heading: References in Text
text: Subsection (a), referred to in text, means section 609(a) of Pub. L. 114–125, par. (1) of which amended section 2171(b)(2) of this title.
19 U.S.C. § 4431 (CUSTOMS DUTIES)
§ 4431. Definitions
In this subchapter:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means—
(A) the Committee on Homeland Security and Governmental Affairs, the Committee on Finance, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate; and
(B) the Committee on Homeland Security, the Committee on Ways and Means, and the Committee on Appropriations of the House of Representatives.
(2) Secretary
The term “Secretary” means the Secretary of Homeland Security.
(Pub. L. 114–125, title VIII, § 812, Feb. 24, 2016, 130 Stat. 217.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 811–819) of title VIII of Pub. L. 114–125, which is classified principally to this subchapter. For complete classification of subtitle B to the Code, see Short Title note set out under section 4301 of this title and Tables.
19 U.S.C. § 4432 (CUSTOMS DUTIES)
§ 4432. Establishment of preclearance operations
Pursuant to section 1629 of this title and section 1103(a)(7) of title 8, and provided that an aviation security preclearance agreement (as defined in section 44901(d)(4)(B) 1 of title 49) is in effect, the Secretary may establish and maintain U.S. Customs and Border Protection preclearance operations in a foreign country—
(1) to prevent terrorists, instruments of terrorism, and other security threats from entering the United States;
(2) to prevent inadmissible persons from entering the United States;
(3) to ensure that merchandise destined for the United States complies with applicable laws;
(4) to ensure the prompt processing of persons eligible to travel to the United States; and
(5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.
(Pub. L. 114–125, title VIII, § 813, Feb. 24, 2016, 130 Stat. 217.)
heading: Editorial Notes
heading: References in Text
text: Section 44901(d)(4)(B) of title 49, referred to in text, was redesignated section 44901(d)(2)(B) of title 49 by Pub. L. 115–254, div. K, title I, § 1991(d)(1)(C)(iii), Oct. 5, 2018, 132 Stat. 3628.
19 U.S.C. § 4436 (CUSTOMS DUTIES)
§ 4436. Application to new and existing preclearance operations
Except for sections 814(d) [19 U.S.C. 4433(d)], 815, 817 [19 U.S.C. 4435], and 818, this subchapter shall only apply to the establishment of preclearance operations in a foreign country in which no preclearance operations have been established as of February 24, 2016.
(Pub. L. 114–125, title VIII, § 819, Feb. 24, 2016, 130 Stat. 222.)
heading: Editorial Notes
heading: References in Text
text: Sections 815 and 818, referred to in text, are sections 815 and 818 of Pub. L. 114–125. Section 815 amended section 44901 of Title 49, Transportation. Section 818 amended section 8311 of Title 7, Agriculture, and section 1356 of Title 8, Aliens and Nationality.
This subchapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 811–819) of title VIII of Pub. L. 114–125, which is classified principally to this subchapter. For complete classification of subtitle B to the Code, see Short Title note set out under section 4301 of this title and Tables.
19 U.S.C. § 4501 (CUSTOMS DUTIES)
§ 4501. Purpose
The purpose of this Act is to approve and implement the Agreement between the United States of America, the United Mexican States, and Canada entered into under the authority of section 4202(b) of this title.
(Pub. L. 116–113, § 2, Jan. 29, 2020, 134 Stat. 13.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mexico-Canada Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 116–113, § 1(a), Jan. 29, 2020, 134 Stat. 11, provided that: “This Act [enacting this chapter, repealing chapter 21 of this title, and enacting, amending, and repealing numerous sections and provisions set out as notes in this title and in Title 8, Aliens and Nationality, Title 15, Commerce and Trade, Title 22, Foreign Relations and Intercourse, Title 26, Internal Revenue Code, Title 28, Judiciary and Judicial Procedure, Title 42, The Public Health and Welfare, and Title 49, Transportation] may be cited as the ‘United States-Mexico-Canada Agreement Implementation Act’.”
heading: Effective Date
text: Pub. L. 116–113, title I, § 107, Jan. 29, 2020, 134 Stat. 19, provided that:
“(a) In General.—
Sections 1 through 3 [enacting this section, section 4502 of this title, and provisions set out as a note under this section] and this title [enacting subchapter I of this chapter] (other than section 103(c) [19 U.S.C. 4513(c)]) shall take effect on the date of the enactment of this Act [Jan. 29, 2020].
“(b) Proclamation Authority.—
Section 103(c) shall take effect on the date on which the USMCA enters into force [July 1, 2020].”
[For definition of “USMCA” as used in section 107(b) of Pub. L. 116–113, set out above, see section 4502 of this title.]
19 U.S.C. § 4502 (CUSTOMS DUTIES)
§ 4502. Definitions
In this Act:
(1) Appropriate congressional committees
The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives.
(2) HTS
The term “HTS” means the Harmonized Tariff Schedule of the United States.
(3) Identical goods
The term “identical goods” means goods that are the same in all respects relevant to the rule of origin that qualifies the goods as originating goods.
(4) International Trade Commission
The term “International Trade Commission” means the United States International Trade Commission.
(5) Mexico
The term “Mexico” means the United Mexican States.
(6) NAFTA
The term “NAFTA” means the North American Free Trade Agreement approved by Congress under section 101(a)(1) of the North American Free Trade Agreement Implementation Act (19 U.S.C. 3311(a)(1)).1
(7) Preferential tariff treatment
The term “preferential tariff treatment” means the customs duty rate that is applicable to an originating good (as defined in section 4531(a) of this title) under the USMCA.
(8) Trade Representative
The term “Trade Representative” means the United States Trade Representative.
(9) USMCA
The term “USMCA” means the Agreement between the United States of America, the United Mexican States, and Canada, which is—
(A) attached as an Annex to the Protocol Replacing the North American Free Trade Agreement with the Agreement between the United States of America, the United Mexican States, and Canada, done at Buenos Aires on November 30, 2018, as amended by the Protocol of Amendment to the Agreement Between the United States of America, the United Mexican States, and Canada, done at Mexico City on December 10, 2019; and
(B) approved by Congress under section 4511(a)(1) of this title.
(10) USMCA country
Except as otherwise provided, the term “USMCA country” means—
(A) Canada for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Canada; and
(B) Mexico for such time as the USMCA is in force with respect to, and the United States applies the USMCA to, Mexico.
(Pub. L. 116–113, § 3, Jan. 29, 2020, 134 Stat. 13.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mexico-Canada Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables.
The Harmonized Tariff Schedule of the United States, referred to in par. (2), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
Section 101(a)(1) of the North American Free Trade Agreement Implementation Act, referred to in par. (6), is section 101(a)(1) of Pub. L. 103–182, title I, Dec. 8, 1993, 107 Stat. 2061, which was classified to section 3511 of this title prior to repeal by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date on which the USMCA entered into force (July 1, 2020).
19 U.S.C. § 4512 (CUSTOMS DUTIES)
§ 4512. Relationship of the USMCA to United States and State law
(a) Relationship of USMCA to United States law
(1) United States law to prevail in conflict
No provision of the USMCA, nor the application of any such provision to any person or circumstance, which is inconsistent with any law of the United States, shall have effect.
(2) Construction
Nothing in this Act shall be construed—
(A) to amend or modify any law of the United States, or
(B) to limit any authority conferred under any law of the United States,
unless specifically provided for in this Act.
(b) Relationship of USMCA to State law
(1) Legal challenge
No State law, or the application thereof, may be declared invalid as to any person or circumstance on the ground that the provision or application is inconsistent with the USMCA, except in an action brought by the United States for the purpose of declaring such law or application invalid.
(2) Definition of State law
For purposes of this subsection, the term “State law” includes—
(A) any law of a political subdivision of a State; and
(B) any State law regulating or taxing the business of insurance.
(c) Effect of USMCA with respect to private remedies
No person other than the United States—
(1) shall have any cause of action or defense under the USMCA or by virtue of congressional approval thereof; or
(2) may challenge, in any action brought under any provision of law, any action or inaction by any department, agency, or other instrumentality of the United States, any State, or any political subdivision of a State, on the ground that such action or inaction is inconsistent with the USMCA.
(Pub. L. 116–113, title I, § 102, Jan. 29, 2020, 134 Stat. 15.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in subsec. (a)(2), is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mexico-Canada Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables.
19 U.S.C. § 4514 (CUSTOMS DUTIES)
§ 4514. Consultation and layover provisions for, and effective date of, proclaimed actions
If a provision of this Act provides that the implementation of an action by the President by proclamation is subject to the consultation and layover requirements of this section, that action may be proclaimed only if—
(1) the President has obtained advice regarding the proposed action from—
(A) the appropriate advisory committees established under section 2155 of this title; and
(B) the International Trade Commission, which shall hold a public hearing on the proposed action before providing advice regarding the proposed action;
(2) the President has submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report that sets forth—
(A) the proposed action and the reasons therefor; and
(B) the advice obtained under paragraph (1);
(3) a period of 60 calendar days, beginning on the first day on which the requirements set forth in paragraphs (1) and (2) have been met, has expired; and
(4) the President has consulted with the committees referred to in paragraph (2) regarding the proposed action during the period referred to in paragraph (3).
(Pub. L. 116–113, title I, § 104, Jan. 29, 2020, 134 Stat. 17.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, is Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 11, known as the United States-Mexico-Canada Agreement Implementation Act. For complete classification of this Act to the Code, see Short Title note set out under section 4501 of this title and Tables.
heading: Executive Documents
heading: Delegation of Functions
text: Proc. No. 10053, par. (7), June 29, 2020, 85 F.R. 39826, authorized the United States Trade Representative to fulfill the obligations of the President to obtain advice from the appropriate advisory committees and the International Trade Commission on the proposed implementation of an action by Presidential proclamation; to submit a report on such proposed action to the appropriate congressional committees; and to consult with those congressional committees regarding the proposed action.
19 U.S.C. § 4535 (CUSTOMS DUTIES)
§ 4535. Regulations
(a) Secretary of the Treasury
The Secretary of the Treasury shall prescribe such regulations as may be necessary to carry out this title 1 and the amendments made by this title 1 (except as provided by subsection (b)).
(b) Secretary of Labor
The Secretary of Labor shall prescribe such regulations as may be necessary to carry out the labor value content determination under section 4532 of this title.
(Pub. L. 116–113, title II, § 210, Jan. 29, 2020, 134 Stat. 53.)
heading: Editorial Notes
heading: References in Text
text: This title, referred to in subsec. (a), is title II of Pub. L. 116–113, Jan. 29, 2020, 134 Stat. 19, which enacted this subchapter and amended and enacted provisions set out as notes under several sections within this title. For complete classification of title II to the Code, see Tables.
19 U.S.C. § 4561 (CUSTOMS DUTIES)
§ 4561. Temporary entry
Upon a basis of reciprocity secured by the USMCA, 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 16–A of the USMCA, but only if any such purpose shall have been specified in such Annex on the date of entry into force of the USMCA. For purposes of this section, the term “citizen of Mexico” means “citizen” as defined in article 16.1 of the USMCA.
(Pub. L. 116–113, title III, § 311, formerly Pub. L. 103–182, title III, § 341(a), Dec. 8, 1993, 107 Stat. 2116; renumbered § 311 of Pub. L. 116–113 and amended Pub. L. 116–113, title V, § 503(b), Jan. 29, 2020, 134 Stat. 71.)
heading: Editorial Notes
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: Codification
text: Section was formerly classified to section 3401 of this title and section 1184 of Title 8, Aliens and Nationality, prior to renumbering by Pub. L. 116–113.
heading: Amendments
text: 2020—Pub. L. 116–113, § 503(b)(4)(C)–(E), substituted “the USMCA” for “the Agreement” wherever appearing, “Annex 16–A” for “Annex 1603”, and “article 16.1” for “Annex 1608”.
Pub. L. 116–113, § 503(b)(4)(A), (B), in original Act, struck out subsec. (a) designation and heading “Nonimmigrant Traders and Investors.—” before “Upon a basis” and struck out subsecs. (b) and (c), which had amended section 1184 of Title 8, Aliens and Nationality, resulting in no change to the text of this section.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 2020 Amendment
text: Amendment by Pub. L. 116–113 effective on the date the USMCA enters into force (July 1, 2020) and applicable to visas issued on or after that date, see section 503(f) of Pub. L. 116–113, set out as a note under section 1184 of Title 8, Aliens and Nationality.
heading: Effective Date
text: Pub. L. 103–182, title III, § 342, Dec. 8, 1993, 107 Stat. 2118, which provided that the provisions of 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) took effect on the date the North American Free Trade Agreement entered into force with respect to the United States (Jan. 1, 1994), was repealed by Pub. L. 116–113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).