dreamproit/uscode huggingface dataset:
19 U.S.C. § 2610 (CUSTOMS DUTIES)
§ 2610. Evidentiary requirements
Notwithstanding the provisions of section 1615 of this title, in any forfeiture proceeding brought under this chapter in which the material or article, as the case may be, is claimed by any person, the United States shall establish—
(1) in the case of any material subject to the provisions of section 2606 of this title, that the material has been listed by the Secretary in accordance with section 2604 of this title; and
(2) in the case of any article subject to section 2607 of this title, that the article—
(A) is documented as appertaining to the inventory of a museum or religious or secular public monument or similar institution in a State Party, and
(B) was stolen from such institution after the effective date of this chapter, or after the date of entry into force of the Convention for the State Party concerned, whichever date is later.
(Pub. L. 97–446, title III, § 311, Jan. 12, 1983, 96 Stat. 2361.)
heading: Editorial Notes
heading: References in Text
text: For the effective date of this chapter, referred to in par. (2)(B), see section 315 of Pub. L. 97–446, set out as an Effective Date note under section 2601 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
19 U.S.C. § 2611 (CUSTOMS DUTIES)
§ 2611. Certain material and articles exempt from this chapter
The provisions of this chapter shall not apply to—
(1) any archaeological or ethnological material or any article of cultural property which is imported into the United States for temporary exhibition or display if such material or article is immune from seizure under judicial process pursuant to section 2459 of title 22; or
(2) any designated archaeological or ethnological material or any article of cultural property imported into the United States if such material or article—
(A) has been held in the United States for a period of not less than three consecutive years by a recognized museum or religious or secular monument or similar institution, and was purchased by that institution for value, in good faith, and without notice that such material or article was imported in violation of this chapter, but only if—
(i) the acquisition of such material or article has been reported in a publication of such institution, any regularly published newspaper or periodical with a circulation of at least fifty thousand, or a periodical or exhibition catalog which is concerned with the type of article or materials sought to be exempted from this chapter,
(ii) such material or article has been exhibited to the public for a period or periods aggregating at least one year during such three-year period, or
(iii) such article or material has been cat­aloged and the catalog material made available upon request to the public for at least two years during such three-year period;
(B) if subparagraph (A) does not apply, has been within the United States for a period of not less than ten consecutive years and has been exhibited for not less than five years during such period in a recognized museum or religious or secular monument or similar institution in the Unites 1 States open to the public; or
(C) if subparagraphs (A) and (B) do not apply, has been within the United States for a period of not less than ten consecutive years and the State Party concerned has received or should have received during such period fair notice (through such adequate and accessible publication, or other means, as the Secretary shall by regulation prescribe) of its location within the United States; and
(D) if none of the preceding subparagraphs apply, has been within the United States for a period of not less than twenty consecutive years and the claimant establishes that it purchased the material or article for value without knowledge or reason to believe that it was imported in violation of law.
(Pub. L. 97–446, title III, § 312, Jan. 12, 1983, 96 Stat. 2362.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
19 U.S.C. § 2612 (CUSTOMS DUTIES)
§ 2612. Regulations
The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter.
(Pub. L. 97–446, title III, § 313, Jan. 12, 1983, 96 Stat. 2363.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
19 U.S.C. § 2613 (CUSTOMS DUTIES)
§ 2613. Enforcement
In the customs territory of the United States, and in the Virgin Islands, the provisions of this chapter shall be enforced by appropriate customs officers. In any other territory or area within the United States, but not within such customs territory or the Virgin Islands, such provisions shall be enforced by such persons as may be designated by the President.
(Pub. L. 97–446, title III, § 314, Jan. 12, 1983, 96 Stat. 2363.)
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date
text: Section effective on the 90th day after Jan. 12, 1983, or on any date which the President shall prescribe and publish in the Federal Register, with exceptions, see section 315 of Pub. L. 97–446, set out as a note under section 2601 of this title.
heading: Executive Documents
heading: Delegation of Functions
text: For delegation of certain functions of President under this section, see Ex. Ord. No. 12555, Mar. 10, 1986, 51 F.R. 8475, set out as a note under section 2602 of this title.
19 U.S.C. § 2705 (CUSTOMS DUTIES)
§ 2705. Impact study by Secretary of Labor
The Secretary of Labor, in consulation 1 with other appropriate Federal agencies, shall undertake a continuing review and analysis of the impact which the implementation of the provisions of this chapter have with respect to United States labor; and shall make an annual written report to Congress on the results of such review and analysis.
(Pub. L. 98–67, title II, § 216, Aug. 5, 1983, 97 Stat. 394.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this title”, meaning title II of Pub. L. 98–67, Aug. 5, 1983, 97 Stat. 384, which is classified principally to this chapter. For complete classification of title II to the Code, see Short Title note set out under section 2701 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Termination of Reporting Requirements
text: For termination, effective May 15, 2000, of provisions in this section relating to making an annual written report to Congress, see section 3003 of Pub. L. 104–66, set out as a note under section 1113 of Title 31, Money and Finance, and page 123 of House Document No. 103–7.
19 U.S.C. § 2706 (CUSTOMS DUTIES)
§ 2706. Effective date
(a) This chapter shall take effect on August 5, 1983.
(b) Repealed. Pub. L. 101–382, title II, § 211, Aug. 20, 1990, 104 Stat. 655.
(Pub. L. 98–67, title II, § 218, Aug. 5, 1983, 97 Stat. 395; Pub. L. 101–382, title II, § 211, Aug. 20, 1990, 104 Stat. 655.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (a), was in the original “this subtitle” meaning subtitle A (§§ 211–218) of title II of Pub. L. 98–67 which enacted this chapter, amended section 1202 of this title, repealed section 2582 of this title, and enacted provisions set out as notes under sections 1202, 1319, 2251, and 2703 of this title and section 1311 of Title 33, Navigation and Navigable Waters. For complete classification of subtitle A to the Code, see Tables.
heading: Amendments
text: 1990—Subsec. (b). Pub. L. 101–382 struck out subsec. (b) which related to termination of duty-free treatment. Notwithstanding directory language repealing “section 218 of the Caribbean Basin Economic Recovery Act (19 U.S.C. 2706(b))”, amendment was executed by repealing subsec. (b) to reflect the probable intent of Congress in view of catchline for section 211 of Pub. L. 101–382 which read “Repeal of termination date on duty-free treatment under the Act”.
19 U.S.C. § 2801 (CUSTOMS DUTIES)
§ 2801. Congressional findings and purposes
(a) Congress finds that—
(1) there is a substantial imbalance in international wine trade resulting, in part, from the relative accessibility enjoyed by foreign wines to the United States market while the United States wine industry faces restrictive tariff and nontariff barriers in virtually every existing or potential foreign market;
(2) the restricted access to foreign markets and the continued low prices for United States wine and grape products adversely affect the economic position of our Nation’s winemakers and grape growers, as well as all other domestic sectors that depend upon wine production;
(3) the competitive position of United States wine in international trade has been weakened by foreign trade practices, high domestic interest rates, and unfavorable foreign exchange rates;
(4) wine consumption per capita is very low in many major non-wine producing markets and the demand potential for United States wine is significant; and
(5) the United States winemaking industry has the capacity and the ability to export substantial volumes of wine and an increase in United States wine exports will create new jobs, improve this Nation’s balance of trade, and otherwise strengthen the national economy.
(b) The purposes of this chapter are—
(1) to provide wine consumers with the greatest possible choice of wines from wine-producing countries;
(2) to encourage the initiation of an export promotion program to develop, maintain, and expand foreign markets for United States wine; and
(3) to achieve greater access to foreign markets for United States wine and grape products through the reduction or elimination of tariff barriers and nontariff barriers to (or other distortions of) trade in wine.
(Pub. L. 98–573, title IX, § 902, Oct. 30, 1984, 98 Stat. 3047.)
heading: Statutory Notes and Related Subsidiaries
heading: Short Title
text: Pub. L. 98–573, title IX, § 901, Oct. 30, 1984, 98 Stat. 3047, provided that: “This title [enacting this chapter] may be cited as the ‘Wine Equity and Export Expansion Act of 1984’.”
19 U.S.C. § 2803 (CUSTOMS DUTIES)
§ 2803. Designation of major wine trading countries
(a) The Trade Representative shall designate as a major wine trading country each foreign country, or group of foreign countries represented as an economic union, that, in the judgment of the Trade Representative—
(1) is a potential significant market for United States wine; and
(2) maintains tariff barriers or nontariff barriers to (or other distortions of) trade in United States wine.
(b) In deciding, for purposes of subsection (a)(2), whether a foreign country or group of countries maintains nontariff barriers to (or other distortions of) trade in United States wine, the Trade Representative shall take into account—
(1) the review and report required under section 854(a) of the Trade Agreements Act of 1979 (19 U.S.C. 2135 note);
(2) such relevant actions that may have been taken by that country or group since that review was conducted; and
(3) such information as may be submitted under section 2805 of this title by representatives of the wine and grape products industries in the United States, as well as other sources.
(Pub. L. 98–573, title IX, § 904, Oct. 30, 1984, 98 Stat. 3048.)
heading: Editorial Notes
heading: References in Text
text: Section 854(a) of the Trade Agreements Act of 1979, referred to in subsec. (b)(1), is section 854(a) of Pub. L. 96–39, title VIII, July 26, 1979, 93 Stat. 294, which is set out as a note under section 2135 of this title.
19 U.S.C. § 2805 (CUSTOMS DUTIES)
§ 2805. Required consultations
The Trade Representative shall consult with the Committees and with representatives of the wine and grape products industries in the United States—
(1) before identifying tariff barriers and nontariff barriers to (or other distortions of) trade in United States wine and designating major wine trading countries under section 2803 of this title;
(2) in developing the reports required under section 2804(b) of this title; and
(3) for purposes of determining whether action by the President is appropriate under any provision of the Trade Act of 1974 [19 U.S.C. 2101 et seq.] with respect to any act, policy, or practice referred to in section 2804(b)(1) of this title.
(Pub. L. 98–573, title IX, § 906, Oct. 30, 1984, 98 Stat. 3050.)
heading: Editorial Notes
heading: References in Text
text: The Trade Act of 1974, referred to in par. (3), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended, which is classified principally to chapter 12 (§ 2101 et seq.) of this title. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
19 U.S.C. § 2806 (CUSTOMS DUTIES)
§ 2806. United States wine export promotion
In order to develop, maintain, and expand foreign markets for United States wine, the President is encouraged to—
(1) utilize, for the fiscal year ending September 30, 1985, the authority provided under section 135 of the Omnibus Budget Reconciliation Act of 1982 [7 U.S.C. 612c note] to make available sufficient funds to initiate, in cooperation with nongovernmental trade associations representative of United States wineries, an export promotion program for United States; 1 and
(2) request, for each subsequent fiscal year, an appropriation for such a wine export promotion program that will not be at the expense of any appropriations requested for export promotion programs involving other agriculture commodities.
(Pub. L. 98–573, title IX, § 907, Oct. 30, 1984, 98 Stat. 3050.)
heading: Editorial Notes
heading: References in Text
text: Section 135 of the Omnibus Budget Reconciliation Act of 1982, referred to in par. (1), is section 135 of Pub. L. 97–253, title I, Sept. 8, 1982, 96 Stat. 772, which is set out as a note under section 612c of Title 7, Agriculture.
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: Editorial Notes
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: Statutory Notes and Related Subsidiaries
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. § 3002 (CUSTOMS DUTIES)
§ 3002. Definitions
As used in this chapter:
(1) The term “Commission” means the United States International Trade Commission.
(2) The term “Convention” means the International Convention on the Harmonized Commodity Description and Coding System, done at Brussels on June 14, 1983, and the Protocol thereto, done at Brussels on June 24, 1986, submitted to the Congress on June 15, 1987.
(3) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(4) The term “Federal agency” means any establishment in the executive branch of the United States Government.
(5) The term “old Schedules” means title I of the Tariff Act of 1930 (19 U.S.C. 1202) as in effect on the day before the effective date of the amendment to such title under section 1204(a).
(6) The term “technical rectifications” means rectifications of an editorial character or minor technical or clerical changes which do not affect the substance or meaning of the text, such as—
(A) errors in spelling, numbering, or punctuation;
(B) errors in indentation;
(C) errors (including inadvertent omissions) in cross-references to headings or subheadings or notes; and
(D) other clerical or typographical errors.
(Pub. L. 100–418, title I, § 1202, Aug. 23, 1988, 102 Stat. 1147.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in text, was in the original “this subtitle”, meaning subtitle B (§§ 1201 to 1217) of title I of Pub. L. 100–418, which is classified principally to this chapter. For complete classification of this subtitle to the Code, see References in Text note set out under section 3001 of this title and Tables.
Title I of the Tariff Act of 1930 (19 U.S.C. 1202) as in effect on the day before the effective date of the amendment to such title under section 1204(a), referred to in par. (5), is title I of act June 17, 1930, ch. 497, 46 Stat. 590, as in effect on the day before Jan. 1, 1989. Title I of the Tariff Act of 1930 which comprised the Tariff Schedules of the United States was not set out in the Code.
19 U.S.C. § 3003 (CUSTOMS DUTIES)
§ 3003. Congressional approval of United States accession to the Convention
(a) Congressional approval
The Congress approves the accession by the United States of America to the Convention.
(b) Acceptance of final legal text of Convention by President
The President may accept for the United States the final legal instruments embodying the Convention. The President shall submit a copy of each final instrument to the Congress on the date it becomes available.
(c) Unspecified private remedies not created
Neither the entry into force with respect to the United States of the Convention nor the enactment of this chapter may be construed as creating any private right of action or remedy for which provision is not explicitly made under this chapter or under other laws of the United States.
(d) Termination
The provisions of section 2135(a) of this title do not apply to the Convention.
(Pub. L. 100–418, title I, § 1203, Aug. 23, 1988, 102 Stat. 1148.)
heading: Editorial Notes
heading: References in Text
text: This chapter, referred to in subsec. (c), was in the original “this subtitle”, meaning subtitle B (§§ 1201 to 1217) of title I of Pub. L. 100–418, which is classified principally to this chapter. For complete classification of this subtitle to the Code, see References in Text note set out under section 3001 of this title and Tables.
19 U.S.C. § 3006 (CUSTOMS DUTIES)
§ 3006. Presidential action on Commission recommendations
(a) In general
The President may proclaim modifications, based on the recommendations by the Commission under section 3005 of this title, to the Harmonized Tariff Schedule if the President determines that the modifications—
(1) are in conformity with United States obligations under the Convention; and
(2) do not run counter to the national economic interest of the United States.
(b) Lay-over period
(1) The President may proclaim a modification under subsection (a) only after the expiration of the 60-day period beginning on the date on which the President submits a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate that sets forth the proposed modification and the reasons therefor.
(2) The 60-day period referred to in paragraph (1) shall be computed by excluding—
(A) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die; and
(B) any Saturday and Sunday, not excluded under subparagraph (A), when either House is not in session.
(c) Effective date of modifications
Modifications proclaimed by the President under subsection (a) may not take effect before the 30th day after the date on which the text of the proclamation is published in the Federal Register.
(Pub. L. 100–418, title I, § 1206, Aug. 23, 1988, 102 Stat. 1151; Pub. L. 109–432, div. D, title III, § 3012, Dec. 20, 2006, 120 Stat. 3177.)
heading: Editorial Notes
heading: References in Text
text: The Harmonized Tariff Schedule, referred to in subsec. (a), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
heading: Amendments
text: 2006—Subsec. (c). Pub. L. 109–432 substituted “30th” for “15th”.
heading: Executive Documents
heading: Delegation of Authority
text: Memorandum of President of the United States, Dec. 12, 1991, 56 F.R. 65413, provided:
Memorandum for the United States Trade Representative
By virtue of the authority vested in me by the Constitution and laws of the United States, including section 301 of title 3 of the United States Code and the Omnibus Trade and Competitiveness Act of 1988 (Public Law 100–418) (“the Act”) [see Tables for classification], you are hereby delegated the functions vested in me by section 1206(b) of the Act (19 U.S.C. 3006(b)), to submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate reports that set forth proposed modifications to the Harmonized Tariff Schedule [see 19 U.S.C. 1202] and the reasons therefor.
The President shall retain the authority under section 1206 of the Act to proclaim modifications to the Harmonized Tariff Schedule after the layover period specified in section 1206(b) has expired.
You are authorized and directed to publish this memorandum in the Federal Register.
George Bush.