dreamproit/uscode huggingface dataset:
19 U.S.C. § 4082 (CUSTOMS DUTIES)
§ 4082. Determination and provision of relief
(a) Determination
(1) In general
If a positive determination is made under section 4081(b) of this title, the President shall determine whether, as a result of the elimination of a duty under the Agreement, a CAFTA–DR textile or apparel article of a specified CAFTA–DR country is being imported into the United States in such increased quantities, in absolute terms or relative to the domestic market for that article, and under such conditions as to cause serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article.
(2) Serious damage
In making a determination under paragraph (1), the President—
(A) shall examine the effect of increased imports on the domestic industry, as reflected in changes in such relevant economic factors as output, productivity, utilization of capacity, inventories, market share, exports, wages, employment, domestic prices, profits, and investment, none of which is necessarily decisive; and
(B) shall not consider changes in technology or consumer preference as factors supporting a determination of serious damage or actual threat thereof.
(3) Deadline for determination
The President shall make the determination under paragraph (1) no later than 30 days after the completion of any consultations held pursuant to article 3.23.4 of the Agreement.
(b) Provision of relief
(1) In general
If a determination under subsection (a) is affirmative, the President may provide relief from imports of the article that is the subject of such determination, as provided in paragraph (2), to the extent that the President determines necessary to remedy or prevent the serious damage and to facilitate adjustment by the domestic industry.
(2) Nature of relief
The relief that the President is authorized to provide under this subsection with respect to imports of an article is an increase in the rate of duty imposed on the article to a level that does not exceed the lesser of—
(A) the column 1 general rate of duty imposed under the HTS on like articles at the time the import relief is provided; or
(B) the column 1 general rate of duty imposed under the HTS on like articles on the day before the date on which the Agreement enters into force.
(Pub. L. 109–53, title III, § 322, Aug. 2, 2005, 119 Stat. 493.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4083 (CUSTOMS DUTIES)
§ 4083. Period of relief
(a) In general
Subject to subsection (b), any import relief that the President provides under subsection (b) of section 4082 of this title may not, in the aggregate, be in effect for more than 3 years.
(b) Extension
If the initial period for any import relief provided under section 4082 of this title is less than 3 years, the President may extend the effective period of any import relief provided under that section, subject to the limitation set forth in subsection (a), if the President determines that—
(1) the import relief continues to be necessary to remedy or prevent serious damage and to facilitate adjustment by the domestic industry to import competition; and
(2) there is evidence that the industry is making a positive adjustment to import competition.
(Pub. L. 109–53, title III, § 323, Aug. 2, 2005, 119 Stat. 493.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4084 (CUSTOMS DUTIES)
§ 4084. Articles exempt from relief
The President may not provide import relief under this part with respect to any article if—
(1) import relief previously has been provided under this part with respect to that article; or
(2) the article is subject to import relief under—
(A) part A; or
(B) chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.].
(Pub. L. 109–53, title III, § 324, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Editorial Notes
heading: References in Text
text: Part A, referred to in par. (2)(A), was in the original “subtitle A”, meaning subtitle A (§§ 311–316) of title III of Pub. L. 109–53, Aug. 2, 2005, 119 Stat. 488, which enacted part A of this subchapter and amended section 2252 of this title. For complete classification of subtitle A to the Code, see Tables.
The Trade Act of 1974, referred to in par. (2)(B), is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4085 (CUSTOMS DUTIES)
§ 4085. Rate after termination of import relief
When import relief under this part is terminated with respect to an article, the rate of duty on that article shall be the rate that would have been in effect, but for the provision of such relief.
(Pub. L. 109–53, title III, § 325, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4086 (CUSTOMS DUTIES)
§ 4086. Termination of relief authority
No import relief may be provided under this part with respect to any article after the date that is 5 years after the date on which the Agreement enters into force.
(Pub. L. 109–53, title III, § 326, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4087 (CUSTOMS DUTIES)
§ 4087. Compensation authority
For purposes of section 123 of the Trade Act of 1974 (19 U.S.C. 2133), any import relief provided by the President under this part shall be treated as action taken under chapter 1 of title II of that Act [19 U.S.C. 2251 et seq.].
(Pub. L. 109–53, title III, § 327, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Editorial Notes
heading: References in Text
text: The Trade Act of 1974, referred to in text, is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4088 (CUSTOMS DUTIES)
§ 4088. Confidential business information
The President may not release information received in connection with a review under this part which the President considers to be confidential business information unless the party submitting the confidential business information had notice, at the time of submission, that such information would be released by the President, or such party subsequently consents to the release of the information. To the extent a party submits confidential business information, it shall also provide a nonconfidential version of the information in which the confidential business information is summarized or, if necessary, deleted.
(Pub. L. 109–53, title III, § 328, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4101 (CUSTOMS DUTIES)
§ 4101. Findings and action on goods of CAFTA–DR countries
(a) Effect of imports
If, in any investigation initiated under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the Commission makes an affirmative determination (or a determination which the President may treat as an affirmative determination under such chapter by reason of section 1330(d) of this title), the Commission shall also find (and report to the President at the time such injury determination is submitted to the President) whether imports of the article of each CAFTA–DR country that qualify as originating goods under section 4033(b) of this title are a substantial cause of serious injury or threat thereof.
(b) Presidential determination regarding imports of CAFTA–DR countries
In determining the nature and extent of action to be taken under chapter 1 of title II of the Trade Act of 1974 [19 U.S.C. 2251 et seq.], the President may exclude from the action goods of a CAFTA–DR country with respect to which the Commission has made a negative finding under subsection (a).
(Pub. L. 109–53, title III, § 331, Aug. 2, 2005, 119 Stat. 494.)
heading: Termination of Section
text: For termination of section by section 107(d) of Pub. L. 109–53, see Effective and Termination Dates note below.
heading: Editorial Notes
heading: References in Text
text: The Trade Act of 1974, referred to in text, is Pub. L. 93–618, Jan. 3, 1975, 88 Stat. 1978, as amended. Chapter 1 of title II of the Act is classified generally to part 1 (§ 2251 et seq.) of subchapter II of chapter 12 of this title. For complete classification of this Act to the Code, see section 2101 of this title and Tables.
heading: Statutory Notes and Related Subsidiaries
heading: Effective and Termination Dates
text: Section effective on the date the Dominican Republic-Central America-United States Free Trade Agreement enters into force (Mar. 1, 2006) and to cease to have effect on the date the Agreement ceases to be in force with respect to the United States, and, during any period in which a country ceases to be a CAFTA–DR country, to cease to have effect with respect to such country, see section 107 of Pub. L. 109–53, set out as a note under section 4001 of this title.
19 U.S.C. § 4312 (CUSTOMS DUTIES)
§ 4312. Priorities and performance standards for customs modernization, trade facilitation, and trade enforcement functions and programs
(a) Priorities and performance standards
(1) In general
The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement functions and programs described in subsection (b).
(2) Minimum priorities and standards
Such priorities and performance standards shall, at a minimum, include priorities and standards relating to efficiency, outcome, output, and other types of applicable measures.
(b) Functions and programs described
The functions and programs referred to in subsection (a) are the following:
(1) The Automated Commercial Environment.
(2) Each of the priority trade issues described in section 4322 of this title.
(3) The Centers of Excellence and Expertise described in section 4317 of this title.
(4) Drawback for exported merchandise under section 313 of the Tariff Act of 1930 (19 U.S.C. 1313), as amended by section 906 of this Act.
(5) Transactions relating to imported merchandise in bond.
(6) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).
(7) The expedited clearance of cargo.
(8) The issuance of regulations and rulings.
(9) The issuance of Regulatory Audit Reports.
(c) Consultations and notification
(1) Consultations
The consultations required by subsection (a)(1) shall occur, at a minimum, on an annual basis.
(2) Notification
The Commissioner shall notify the appropriate congressional committees of any changes to the priorities or performance standards referred to in subsection (a) not later than 30 days before such changes are to take effect.
(Pub. L. 114–125, title I, § 103, Feb. 24, 2016, 130 Stat. 129.)
heading: Editorial Notes
heading: References in Text
text: The Tariff Act of 1930, referred to in subsec. (b)(4), (6), is act June 17, 1930, ch. 497, 46 Stat. 590. Section 313 of the Tariff Act of 1930, as amended by section 906 of this Act, is section 1313 of this title, as amended by section 906 of Pub. L. 114–125. Subtitles A and B of title VII of the Act are classified generally to parts I (§ 1671 et seq.) and II (§ 1673 et seq.), respectively, of subtitle IV 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. § 4315 (CUSTOMS DUTIES)
§ 4315. Consultations with respect to mutual recognition arrangements
(a) Consultations
The Secretary of Homeland Security, with respect to any proposed mutual recognition arrangement or similar agreement between the United States and a foreign government providing for mutual recognition of supply chain security programs and customs revenue functions, shall consult with the appropriate congressional committees—
(1) not later than 30 days before initiating negotiations to enter into any such arrangement or similar agreement; and
(2) not later than 30 days before entering into any such arrangement or similar agreement.
(b) Negotiating objective
It shall be a negotiating objective of the United States in any negotiation for a mutual recognition arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure the compatibility of the partnership programs of that country with the partnership programs of U.S. Customs and Border Protection to enhance security, trade facilitation, and trade enforcement.
(Pub. L. 114–125, title I, § 108, Feb. 24, 2016, 130 Stat. 135.)
heading: Editorial Notes
heading: References in Text
text: The Security and Accountability for Every Port Act of 2006, referred to in subsec. (b), is Pub. L. 109–347, Oct. 13, 2006, 120 Stat. 1884, also known as the SAFE Port Act. Subtitle B of title II of the Act is classified generally to part B (§ 961 et seq.) of subchapter II of chapter 3 of Title 6, Domestic Security. For complete classification of this Act to the Code, see Short Title note set out under section 901 of Title 6 and Tables.
19 U.S.C. § 4319 (CUSTOMS DUTIES)
§ 4319. Report on oversight of revenue protection and enforcement measures
(a) In general
Not later than June 30, 2016, and not later than March 31 of each second year thereafter, the Inspector General of the Department of the Treasury shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report assessing, with respect to the period covered by the report, as specified in subsection (b), the following:
(1) The effectiveness of the measures taken by U.S. Customs and Border Protection with respect to protection of revenue, including—
(A) the collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.);
(B) the assessment, collection, and mitigation of commercial fines and penalties;
(C) the use of bonds, including continuous and single transaction bonds, to secure that revenue; and
(D) the adequacy of the policies of U.S. Customs and Border Protection with respect to the monitoring and tracking of merchandise transported in bond and collecting duties, as appropriate.
(2) The effectiveness of actions taken by U.S. Customs and Border Protection to measure accountability and performance with respect to protection of revenue.
(3) The number and outcome of investigations instituted by U.S. Customs and Border Protection with respect to the underpayment of duties.
(4) The effectiveness of training with respect to the collection of duties provided for personnel of U.S. Customs and Border Protection.
(b) Period covered by report
Each report required by subsection (a) shall cover the period of 2 fiscal years ending on September 30 of the calendar year preceding the submission of the report.
(Pub. L. 114–125, title I, § 112, Feb. 24, 2016, 130 Stat. 140.)
heading: Editorial Notes
heading: References in Text
text: The Tariff Act of 1930, referred to in subsec. (a)(1)(A), is act June 17, 1930, ch. 497, 46 Stat. 590. Subtitles A and B of title VII of the Act are classified generally to parts I (§ 1671 et seq.) and II (§ 1673 et seq.), respectively, of subtitle IV 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. § 4323 (CUSTOMS DUTIES)
§ 4323. Appropriate congressional committees defined
In this subchapter, the term “appropriate congressional committees” means—
(1) the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives.
(Pub. L. 114–125, title I, § 118, Feb. 24, 2016, 130 Stat. 145.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title I of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 127, which is classified principally to this subchapter. For complete classification of title I to the Code, see Tables.
19 U.S.C. § 4341 (CUSTOMS DUTIES)
§ 4341. Definition of intellectual property rights
In this subchapter, the term “intellectual property rights” refers to copyrights, trademarks, and other forms of intellectual property rights that are enforced by U.S. Customs and Border Protection or U.S. Immigration and Customs Enforcement.
(Pub. L. 114–125, title III, § 301, Feb. 24, 2016, 130 Stat. 149.)
heading: Editorial Notes
heading: References in Text
text: This subchapter, referred to in text, was in the original “this title”, meaning title III of Pub. L. 114–125, Feb. 24, 2016, 130 Stat. 149, which is classified principally to this subchapter. For complete classification of title III to the Code, see Tables.