dreamproit/uscode huggingface dataset:
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 1706a (CUSTOMS DUTIES)
§ 1706a. Civil penalties for trading without required certificate of documentation
Whenever a vessel, entitled to be documented and not so documented, is employed in a trade for which certificates of documentation are issued under the vessel documentation laws, other than a trade covered by a registry, the vessel is liable to a civil penalty of $500 for each port at which it arrives without the proper certificate of documentation, and if it has on board any merchandise of foreign growth or manufacture (sea stores excepted), or any taxable domestic spirits, wines, or other alcoholic liquors, on which the duties or taxes have not been paid or secured to be paid, the vessel, together with its equipment and cargo, is liable to seizure and forfeiture. Marks, labels, brands, or stamps, indicative of foreign origin, upon or accompanying merchandise or containers of merchandise found on board such vessel, shall be prima facie evidence of the foreign origin of such merchandise.
(June 19, 1886, ch. 421, § 7, 24 Stat. 81; Aug. 5, 1935, ch. 438, title III, § 314, 49 Stat. 529; Pub. L. 96–594, title I, § 126(e), Dec. 24, 1980, 94 Stat. 3459.)
heading: Editorial Notes
heading: Codification
text: Section was not enacted as part of act Aug. 5, 1935, ch. 438, which comprises this chapter.
Section was classified to section 319 of the former Appendix to Title 46, Shipping, prior to the completion of the enactment of Title 46 by Pub. L. 109–304, Oct. 6, 2006, 120 Stat. 1485.
heading: Amendments
text: 1980—Pub. L. 96–594 substituted provisions relating to violations and penalties for employment in a trade of a vessel entitled to be documented but not so documented for provisions relating to fines and penalties for trading without a license by a vessel twenty tons or upward, and struck out provisions respecting expiration of a license while a vessel is at sea.
1935—Act Aug. 5, 1935, provided for forfeiture, to deem marks, etc., prima facie evidence of foreign origin of merchandise, and to substitute “said fine or forfeiture” for “said fine of $30” in last sentence.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1980 Amendment
text: Pub. L. 96–594, title I, § 128, Dec. 24, 1980, 94 Stat. 3461, provided in part that the amendment made by Pub. L. 96–594 is effective on first day of eighteenth month following December 1980.
19 U.S.C. § 1707 (CUSTOMS DUTIES)
§ 1707. Repealed. Pub. L. 104–295, § 3(a)(2), Oct. 11, 1996, 110 Stat. 3515
text: Section, act Aug. 5, 1935, ch. 438, title I, § 7, 49 Stat. 520, required certificate for importation of alcoholic liquors in small vessels, provided for issuance of bond where liquor was destined for foreign port, and authorized penalties for failure to carry certificate unless lost, mislaid without fraud, defaced by accident, or incorrect by reason of clerical error or other mistake.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal of section applicable as of Dec. 8, 1993, see section 3(b) of Pub. L. 104–295, set out as an Effective Date of 1996 Amendment note under section 1321 of this title.
19 U.S.C. § 1710 (CUSTOMS DUTIES)
§ 1710. Separability
If any clause, sentence, paragraph, or part of this Act, or the application thereof to any person, or circumstances, is held invalid, the application thereof to other persons, or circumstances, and the remainder of the Act, shall not be affected thereby.
(Aug. 5, 1935, ch. 438, title IV, § 402, 49 Stat. 529.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, means act Aug. 5, 1935, which enacted this chapter and sections 1432a and 1601a of this title and amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of former Title 46, Shipping, and sections 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables.
19 U.S.C. § 1711 (CUSTOMS DUTIES)
§ 1711. Citation of chapter
This Act may be cited as the “Anti-Smuggling Act”.
(Aug. 5, 1935, ch. 438, title IV, § 403, 49 Stat. 529.)
heading: Editorial Notes
heading: References in Text
text: This Act, referred to in text, means act Aug. 5, 1935, which enacted this chapter and sections 1432a and 1601a of this title and amended sections 70, 483, 1401, 1434, 1436, 1441, 1581, 1584, 1585, 1586, 1587, 1591, 1592, 1615, 1619, 1621 of this title, sections 60, 106, and 288 of former Title 46, Shipping, and sections 91, 277, 319, 325 of former Title 46, Appendix. For complete classification of this Act to the Code, see Tables.
19 U.S.C. § 1751 (CUSTOMS DUTIES)
§ 1751. Designation of fairs
(a) Notice to Secretary of the Treasury
When the Secretary of Commerce is satisfied that the public interest in promoting trade will be served by allowance of the privileges provided for in this chapter to any fair to be held in the United States, he shall so advise the Secretary of the Treasury, designating (1) the name of the fair, (2) the place where the fair will be held, (3) the date when the fair will open and the date when it will close, and (4) the name of the operator of the fair.
(b) Definitions
For purposes of this chapter—
(1) The term “fair” means any fair, exhibition, or exposition designated by the Secretary of Commerce pursuant to this section.
(2) The term “closing date” in the case of any fair means the date designated pursuant to subsection (a)(3) as the date when the fair will close, or (if earlier) the date on which such fair actually closes.
(c) Regulations
The Secretary of Commerce may prescribe such regulations as he deems necessary or appropriate to carry out the provisions of this section.
(Pub. L. 86–14, § 2, Apr. 22, 1959, 73 Stat. 18.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 86–14, § 1, Apr. 22, 1959, 73 Stat. 18, provided: “This Act [enacting this chapter] may be cited as the ‘Trade Fair Act of 1959’.”
19 U.S.C. § 1752 (CUSTOMS DUTIES)
§ 1752. Entry of articles for fairs
Any article imported or brought into the United States—
(1) which is in continuous customs custody, covered by a customs exhibition bond, or in a foreign trade zone, and
(2) on which no duty or internal-revenue tax has been paid,
may, without payment of any duty or internal-revenue tax, be entered under bond under this section for the purpose of exhibition at a fair, or for use in constructing, installing, or maintaining foreign exhibits at a fair.
(Pub. L. 86–14, § 3, Apr. 22, 1959, 73 Stat. 18.)
heading: Statutory Notes and Related Subsidiaries
heading: Immunity From Seizure Under Judicial Process of Cultural Objects Imported for Temporary Exhibition or Display
text: Presidential determination of cultural significance of objects and exhibition or display thereof in the national interest, see section 2459 of Title 22, Foreign Relations and Intercourse.
19 U.S.C. § 1754 (CUSTOMS DUTIES)
§ 1754. Marking, packaging, and labeling requirements
(a) Marking requirements of the customs laws
Articles entered under section 1752 of this title shall not be subject to any marking requirements of the customs laws, except that when any such article is entered for consumption under section 1753 of this title it shall not be released from customs custody until the marking requirements of the customs laws have been complied with.
(b) Packaging, marking, or labeling requirements of the internal-revenue laws or the Federal Alcohol Administration Act
Articles entered under section 1752 of this title shall not be subject to the packaging, marking, or labeling requirements of the internal-revenue laws or of the Federal Alcohol Administration Act [27 U.S.C. 201 et seq.], except that any such article failing to comply with such requirements—
(1) shall be conspicuously marked prior to exhibition “Not labeled or packaged as required by law—not for sale”, and
(2) when entered for consumption under section 1753 of this title, shall not be released from customs custody until such packaging, marking, and labeling requirements have been complied with.
The application of the permit requirements of the Federal Alcohol Administration Act and the occupational taxes prescribed by chapter 51 of the Internal Revenue Code of 1986 shall be determined without regard to this chapter.
(Pub. L. 86–14, § 5, Apr. 22, 1959, 73 Stat. 19; Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095.)
heading: Editorial Notes
heading: References in Text
text: The Federal Alcohol Administration Act, referred to in subsec. (b), is act Aug. 29, 1935, ch. 814, 49 Stat. 977, which is classified generally to subchapter I (§ 201 et seq.) of chapter 8 of Title 27, Intoxicating Liquors. For complete classification of this Act to the Code, see section 201 of Title 27 and Tables.
Chapter 51 of the Internal Revenue Code of 1986, referred to in subsec. (b), is classified to section 5001 et seq. of Title 26, Internal Revenue Code.
heading: Amendments
text: 1986—Subsec. (b). Pub. L. 99–514 substituted “Internal Revenue Code of 1986” for “Internal Revenue Code of 1954”.
19 U.S.C. § 1801 (CUSTOMS DUTIES)
§ 1801. Statement of purposes
The purposes of this chapter are, through trade agreements affording mutual trade benefits—
(1) to stimulate the economic growth of the United States and maintain and enlarge foreign markets for the products of United States agriculture, industry, mining, and commerce;
(2) to strengthen economic relations with foreign countries through the development of open and nondiscriminatory trading in the free world; and
(3) to prevent Communist economic penetration.
(Pub. L. 87–794, title I, § 102, Oct. 11, 1962, 76 Stat. 872.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 87–794, which is classified principally to this chapter. For complete classification of Pub. L. 87–794 to the Code, see Short Title note below and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 87–794, title I, § 101, Oct. 11, 1962, 76 Stat. 872, provided that: “This Act [enacting this chapter and section 1323 of this title, amending sections 1351 and 1352 of this title, and sections 172, 6501, and 6511 of Title 26, Internal Revenue Code, repealing sections 1352a and 1362 to 1365 of this title, enacting provisions set out as notes under section 1352 and former sections 1352a, 1362, and 1364 of this title, and under section 172 of Title 26, and amending provisions of the Tariff Classification Act of 1962, set out as a note preceding section 1202 of this title] may be cited as the “Trade Expansion Act of 1962’.”
heading: Abolition of Office of the Special Representative for Trade Negotiations
text: The legal authority for the establishment and operation of the Office of the Special Representative for Trade Negotiations in the Executive Office of the President was changed by section 141 of the Trade Act of 1974, which is set out as section 2171 of this title. For abolition of the Office as established under Ex. Ord. No. 11075 [see below], and for establishment of the Office pursuant instead to the Trade Act of 1974, with provision for the transfer of assets, liabilities, contracts, property, records, unexpended balances and funds, and personnel to the Office as established pursuant to statute rather than Ex. Ord. 11075, see section 2171 of this title.
heading: Executive Documents
heading: President’s Export Council
text: For provisions relating to establishment of President’s Export Council and the Council’s functions concerning export expansion, see Ex. Ord. No. 12131, May 4, 1979, 44 F.R. 26841, set out as a note under former section 4601 of Title 50, War and National Defense.
heading: Executive Order No. 11075
text: Ex. Ord. No. 11075, Jan. 15, 1963, 28 F.R. 473, as amended by Ex. Ord. No. 11106, Apr. 18, 1963, 28 F.R. 3911; Ex. Ord. No. 11113, June 15, 1963, 28 F.R. 6183, which related to the administration of the trade agreements program, was revoked by Ex. Ord. No. 11846, Mar. 27, 1975, 40 F.R. 14291, set out under section 2111 of this title.
19 U.S.C. § 1806 (CUSTOMS DUTIES)
§ 1806. Definitions
For purposes of this chapter—
(1) Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072.
(2) The term “duty or other import restriction” includes (A) the rate and form of an import duty, and (B) a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of imports.
(3) to (5) Repealed. Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072.
(6) The term “modification”, as applied to any duty or other import restriction, includes the elimination of any duty.
(Pub. L. 87–794, title IV, § 405, Oct. 11, 1962, 76 Stat. 902; Pub. L. 93–618, title VI, § 602(d), Jan. 3, 1975, 88 Stat. 2072.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 87–794, which is classified principally to this chapter. For complete classification of Pub. L. 87–794 to the Code, see Short Title note set out under section 1801 of this title and Tables.
heading: Amendments
text: 1975—Pub. L. 93–618 repealed pars. (1), (3), (4), and (5), which defined “agency”, “firm”, “directly competitive with”, and “product of a country”, respectively. See section 2481 of this title.
19 U.S.C. § 1821 (CUSTOMS DUTIES)
§ 1821. Basic authority for trade agreements
(a) Determination by President; trade agreements; modification or continuance of existing duties
Whenever the president determines that any existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that any of the purposes stated in section 1801 of this title will be promoted thereby, the President may—
(1) after June 30, 1962, and before July 1, 1967, enter into trade agreements with foreign countries or instrumentalities thereof; and
(2) proclaim such modification or continuance of any existing duty or other import restriction, such continuance of existing duty-free or excise treatment, or such additional import restrictions, as he determines to be required or appropriate to carry out any such trade agreement.
(b) Restrictions on decrease or increase in rate of duty
Except as otherwise provided in this subchapter, no proclamation pursuant to subsection (a) shall be made—
(1) decreasing any rate of duty to a rate below 50 percent of the rate existing on July 1, 1962; or
(2) increasing any rate of duty to (or imposing) a rate more than 50 percent above the rate existing on July 1, 1934.
(Pub. L. 87–794, title II, § 201, Oct. 11, 1962, 76 Stat. 872.)
heading: Statutory Notes and Related Subsidiaries
heading: Wood-Wind and Parts of Wood-Wind Instruments
text: Pub. L. 90–234, § 2(b)(2), Dec. 30, 1967, 81 Stat. 752, provided that: “The amendments made by the first section of this Act, insofar as such amendments relate to items 725.24 and 726.70 of the Tariff Schedules of the United States, shall not affect the authority of the President contained in section 201(a)(2) of the Trade Expansion Act of 1962 [subsec. (a)(2) of this section].”
heading: Dicyandiamide and Limestone: Duty-Free Entry
text: Duty-free treatment pursuant to this chapter of dicyandiamide in item 425.40 and limestone when imported for use in manufacture of cement in item 513.34 of the Tariff Schedules of the United States, by provision for non-application of subsec. (b)(1) of this section, see section 1823 of this title.