Legal corpus: the complete U.S. Code (59,740 sections, all 53 titles)

Ingested titles 12–51 and 54 from OLRC USLM XML @119-100 (the whole Code
now, uniform edition; Title 53 is reserved/empty). LegalText 11,221 ->
59,740; repo total 105,704 records. Deterministic (byte-identical rerun,
verified on Title 42's 8,356 sections); make check green. make
legal-us-code default now covers every title.

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>
This commit is contained in:
Fabio
2026-07-06 10:51:44 -04:00
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---
type: "LegalText"
title: "19 U.S.C. § 12 to 18"
description: "Repealed. Aug. 2, 1956, ch. 887, § 4(a)(1)(7), 70 Stat. 947"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "12 to 18"
citation: "19 U.S.C. § 12 to 18"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc19@119-100.zip"
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---
# 19 U.S.C. § 12 to 18 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(1)(7), 70 Stat. 947
## Notes
Sections 12 to 15 provided for appointment by Secretary of the Treasury of 30 special agents for purposes of checking the accounts of collectors and other customs officers for prevention of frauds, authorized regulations for the limitations on their number and compensation and authorized appointment of special agents to reside in foreign territory. Customs agents who perform functions formerly exercised by special agents are covered generally by section 2072 of this title.
Section 12 was based on R.S. § 2649.
Section 13 was based on acts Mar. 4, 1911, ch. 285, 36 Stat. 1393; Mar. 4, 1923, ch. 251, §§ 1, 2, 5, 7, 42 Stat. 1453, 1454; Mar. 3, 1927, ch. 348, § 3, 44 Stat. 1382.
Section 14 was based on R.S. § 2651.
Section 15 was based on R.S. § 2999.
Section 16, R.S. 2940; acts Mar. 4, 1923, ch. 251, § 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, prescribed qualifications and special oath for customs appraiser at New York.
Section 17, R.S. § 2941, prohibited only employees in office of appraiser at New York from engaging or being employed in any commercial activity.
Section 18, R.S. § 2942, related to duties of appraiser and assistant appraiser at New York.
@@ -0,0 +1,59 @@
---
type: "LegalText"
title: "19 U.S.C. § 2"
description: "Rearrangement and limitation of districts; changing locations"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "2"
citation: "19 U.S.C. § 2"
status: "current"
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tags: ["legal", "us-code"]
---
# 19 U.S.C. § 2 - Rearrangement and limitation of districts; changing locations
## Text
The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require.
(Aug. 1, 1914, ch. 223, 38 Stat. 623; May 29, 1928, ch. 901, § 1(19), 45 Stat. 987; Pub. L. 91271, title III, § 302, June 2, 1970, 84 Stat. 291.)
## Notes
Editorial Notes
Amendments1970—Pub. L. 91271 struck out provisions limiting the number of customs-collection districts and ports of entry to those established and authorized as of Aug. 1, 1914, except as thereafter provided by law, and provisions requiring the collector of customs of each customs-collection district to be officially designated by the number of the district for which appointed. 1928—Act May 29, 1928, provided for discontinuance of the statement or report as required by a proviso at end of section which read as follows: “That the President shall, at the beginning of each regular session, submit to Congress a statement of all acts, if any, done under the provisions of this section and the reasons therefor.”
Statutory Notes and Related Subsidiaries
Effective Date of 1970 AmendmentAmendment by Pub. L. 91271 effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91271, set out as a note under section 1500 of this title.
Virginia Inland Port; Withdrawal of Designation as Customs Service Port of Entry ProhibitedPub. L. 10452, title V, § 512, Nov. 19, 1995, 109 Stat. 492, provided that: “Notwithstanding any provision of this or any other Act, during the fiscal year ending September 30, 1996, and thereafter, no funds may be obligated or expended in any way to withdraw the designation of the Virginia Inland Port at Front Royal, Virginia, as a United States Customs Service port of entry.” [For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.]
Columbia-Snake Customs DistrictPub. L. 98573, title II, § 238, Oct. 30, 1984, 98 Stat. 2993, directed Commissioner of United States Customs Service to establish a customs district known as Columbia-Snake Customs District.
Pembina, North Dakota, Customs District; Change in Boundaries Prohibited Without Congressional ConsentPub. L. 93245, ch. X, § 1000, Jan. 3, 1974, 87 Stat. 1083, prohibited use of funds to change boundaries of Pembina, North Dakota Customs District (Region IX), without consent of certain Congressional committees.
Customs Districts and Ports of EntryAn alphabetical index of ports of entry is contained in Schedule D of the Harmonized Tariff Schedule, which is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. For list of international airports of entry, see section 122.13 of Part 122 of Chapter 1 of Title 19, Customs Duties, of the Code of Federal Regulations.
Executive Documents
Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. Functions of all officers of Department of the Treasury, and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.
Delegation of Functions For delegation to Secretary of the Treasury of authority vested in President by this section, see Ex. Ord. No. 10289, § 1(a), Sept. 17, 1951, 16 F.R. 9499, set out as a note under section 301 of Title 3, The President.
@@ -0,0 +1,43 @@
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description: "Repealed. Aug. 2, 1956, ch. 887, § 4(a)(8)(11), (13), 70 Stat. 947"
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corpus: "united_states_code"
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title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "21 to 24"
citation: "19 U.S.C. § 21 to 24"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
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---
# 19 U.S.C. § 21 to 24 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(8)(11), (13), 70 Stat. 947
## Notes
Sections 21 to 23 prescribed oath of office for customs officers and assistant appraisers.
Section 24 related to designation of persons to administer oath of office.
Section 21 was based on R.S. § 2616.
Section 22 was based on R.S. § 2614; act July 5, 1932, ch. 430, title 1, 47 Stat. 584.
Section 23 was based on R.S. § 2615; July 5, 1932, ch. 430, title 1, 47 Stat. 584.
Section 24 was based on R.S. § 2617; act Feb. 8, 1875, ch. 36, § 11, 18 Stat. 309.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "19 U.S.C. § 26 to 28"
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title_number: 19
title_name: "CUSTOMS DUTIES"
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section: "26 to 28"
citation: "19 U.S.C. § 26 to 28"
status: "current"
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---
# 19 U.S.C. § 26 to 28 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(12)(14), 70 Stat. 947
## Notes
Section 26, R.S. § 2611; act Feb. 8, 1875, ch. 36, § 11, 18 Stat. 309, related to oath by special examiners of drugs. Functions formerly exercised by the special examiner of drugs are covered by section 381 of Title 21, Food and Drugs.
Section 27, acts Feb. 8, 1875, ch. 36, § 11, 18 Stat. 309; Mar. 2, 1895, ch. 177, § 5, 28 Stat. 807, related to oaths by subordinate customs officers.
Section 28, act Sept. 24, 1914, ch. 309, 38 Stat. 716, provided that headquarters of customs district of Florida should be at Tampa. Section 2 of this title vests authority in the President to change from time to time the location of headquarters of customs collection district and such authority was delegated to the Secretary of the Treasury by section 1 (a) of Executive Order 10289 of September 17, 1951, set out as a note under section 301 of Title 3, The President.
@@ -0,0 +1,35 @@
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type: "LegalText"
title: "19 U.S.C. § 29"
description: "Repealed. Aug. 26, 1935, ch. 689, § 2, 49 Stat. 864"
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corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "29"
citation: "19 U.S.C. § 29"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 19 U.S.C. § 29 - Repealed. Aug. 26, 1935, ch. 689, § 2, 49 Stat. 864
## Notes
Section, act Mar. 15, 1898, ch. 68, § 1, 30 Stat. 286, as supplemented by acts Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800; Mar. 4, 1923, ch. 251, § 3, 42 Stat. 1453, related to administration of oaths by collectors and assistants.
Act Aug. 4, 1949, ch. 393, § 20, 63 Stat. 561, also repealed act Jan. 28, 1915, ch. 20, § 1, 38 Stat. 800, formerly credited to this section.
@@ -0,0 +1,45 @@
---
type: "LegalText"
title: "19 U.S.C. § 3"
description: "Superintendence of collection of import duties"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "3"
citation: "19 U.S.C. § 3"
status: "current"
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release_date: "2026-06-26"
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---
# 19 U.S.C. § 3 - Superintendence of collection of import duties
## Text
The Secretary of the Treasury shall direct the superintendence of the collection of the duties on imports as he shall judge best.
(R.S. § 249.)
## Notes
Editorial Notes
Codification R.S. § 249 derived from act May 8, 1792, ch. 37, § 6, 1 Stat. 280. Section, prior to its incorporation into the Code, contained the words “and tonnage,” after “duties on imports”. These words were omitted as superseded by section 3 of the former Appendix to Title 46, Shipping, which charged the Chief of the Bureau of Navigation and Steamboat Inspection with the execution of the laws relating to the collection of the tonnage tax. Section 3 of the former Appendix to Title 46 was repealed by Pub. L. 109304, § 19, Oct. 6, 2006, 120 Stat. 1710.
Statutory Notes and Related Subsidiaries
Analysis Regarding the CES Program; Effect on Implementation of ProgramPub. L. 100203, title IX, § 9501(c), Dec. 22, 1987, 101 Stat. 1330380, as amended by Pub. L. 103182, title VI, § 691(b)(1), Dec. 8, 1993, 107 Stat. 2224; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that: “(1) The Comptroller General of the United States shall conduct a comprehensive analysis, including a cost-benefit study, of the centralized cargo examination station (CES) concept from the perspective of both the United States Customs Service and business community users. The analysis shall be submitted on the same day to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereinafter in this subsection referred to as the Committees) not later than March 30, 1988, and shall include recommendations as to how best to implement cargo inspection procedures. “(2) The United States Customs Service—“(A) may not, after the date of the enactment of this Act [Dec. 22, 1987], establish any new centralized cargo examination station at any ocean port, airport, or land border location unless the Customs Service provides to the Committees advance notice, in writing, of not less than 90 days regarding the proposed establishment; and “(B) shall, on such date of enactment, suspend operations at each centralized cargo examination station that was operating at an airport on the day before such date until the 90th day after a date—“(i) that is not earlier than the date on which the analysis required under paragraph (1) is submitted to the Committees, and “(ii) on which the Customs Service provides to the Committees notice, in writing, that it intends to resume such operations at the station. During the period of suspension of operations under subparagraph (B) at any centralized cargo examination station at an airport, the Secretary of the Treasury shall maintain customs operations and staffing at that airport at a level not less than that which was in effect immediately before the suspension took effect. “(3) The Commissioner of U.S. Customs and Border Protection is authorized to obtain from the operators of centralized cargo examination stations information regarding the fees paid to them for the provision of services at these stations.” [For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.]
@@ -0,0 +1,33 @@
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corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "30"
citation: "19 U.S.C. § 30"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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tags: ["legal", "us-code"]
---
# 19 U.S.C. § 30 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(34), 70 Stat. 948
## Notes
Section, act Sept. 30, 1890, ch. 1126, 26 Stat. 511, related to administration of oaths by clerks and inspectors of customs.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "19 U.S.C. § 30a"
description: "Repealed. June 17, 1930, ch. 497, § 651(a)(3), 46 Stat. 762, eff. June 18, 1930"
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corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
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section: "30a"
citation: "19 U.S.C. § 30a"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 19 U.S.C. § 30a - Repealed. June 17, 1930, ch. 497, § 651(a)(3), 46 Stat. 762, eff. June 18, 1930
## Notes
Section, Res. Apr. 2, 1928, ch. 309, 45 Stat. 401, related to administration of oaths by officers and employees of customs service.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "19 U.S.C. § 33 to 35"
description: "Repealed. Aug. 8, 1953, ch. 397, § 2(a), 67 Stat. 507"
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kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
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chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "33 to 35"
citation: "19 U.S.C. § 33 to 35"
status: "current"
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---
# 19 U.S.C. § 33 to 35 - Repealed. Aug. 8, 1953, ch. 397, § 2(a), 67 Stat. 507
## Notes
Sections, R.S. §§ 2621 to 2623, prescribed various duties of the collectors of customs at each of the ports (1) where collectors, comptrollers and surveyors were appointed: (2) where only collectors and surveyors were appointed; and (3) where only collectors were appointed. The provisions of such sections, in so far as they related to accounting duties, are covered generally in chapters 33 and 35 of Title 31, Money and Finance.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal; Savings ProvisionRepeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "19 U.S.C. § 38"
description: "Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "38"
citation: "19 U.S.C. § 38"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
source_url: "https://uscode.house.gov/download/releasepoints/us/pl/119/100/xml_usc19@119-100.zip"
source_identifier: "/us/usc/t19/s38"
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tags: ["legal", "us-code"]
---
# 19 U.S.C. § 38 - Repealed. June 17, 1930, ch. 497, title IV, § 651(a)(1), 46 Stat. 762, eff. June 18, 1930
## Notes
Section, act Sept. 21, 1922, ch. 356, title IV, § 523, 42 Stat. 974, related to powers and duties of comptrollers of customs. See section 1523 of this title.
@@ -0,0 +1,37 @@
---
type: "LegalText"
title: "19 U.S.C. § 39"
description: "Repealed. Aug. 8, 1953, ch. 397, § 2(a), 67 Stat. 507"
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kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
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citation: "19 U.S.C. § 39"
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confidence: "official"
tags: ["legal", "us-code"]
---
# 19 U.S.C. § 39 - Repealed. Aug. 8, 1953, ch. 397, § 2(a), 67 Stat. 507
## Notes
Section, R.S. § 2626, prescribed certain duties of comptrollers of customs at each of ports where collectors, comptrollers and surveyors were appointed. The provisions of such section, in so far as it related to accounting duties, is covered generally in chapters 33 and 35 of Title 31, Money and Finance.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal; Savings ProvisionRepeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953.
@@ -0,0 +1,35 @@
---
type: "LegalText"
title: "19 U.S.C. § 4"
description: "Omitted"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "4"
citation: "19 U.S.C. § 4"
status: "current"
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source_identifier: "/us/usc/t19/s4"
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tags: ["legal", "us-code"]
---
# 19 U.S.C. § 4 - Omitted
## Notes
Editorial Notes
Codification Section, act Mar. 4, 1923, ch. 251, § 1, 42 Stat. 1453, related to appointment, compensation, and qualifications of director and assistant directors of customs. See sections 2071 to 2073 of this title.
@@ -0,0 +1,33 @@
---
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description: "Repealed. Aug. 2, 1956, ch. 887, § 4(a)(15), 70 Stat. 947"
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title_number: 19
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citation: "19 U.S.C. § 40"
status: "current"
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source: "official"
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---
# 19 U.S.C. § 40 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(15), 70 Stat. 947
## Notes
Section, R.S. § 2627; act June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, related to duties of surveyor of customs. Section 5a of this title abolished the offices of surveyor of customs at all ports except New York.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "19 U.S.C. § 41"
description: "Repealed. Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349"
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title_number: 19
title_name: "CUSTOMS DUTIES"
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citation: "19 U.S.C. § 41"
status: "current"
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---
# 19 U.S.C. § 41 - Repealed. Feb. 28, 1933, ch. 131, § 1, 47 Stat. 1349
## Notes
Section, R.S. § 2628, prescribed duties of surveyors where only surveyors were appointed.
@@ -0,0 +1,39 @@
---
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title_number: 19
title_name: "CUSTOMS DUTIES"
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section: "42 to 45"
citation: "19 U.S.C. § 42 to 45"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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---
# 19 U.S.C. § 42 to 45 - Repealed. Aug. 8, 1953, ch. 397, § 2(a), 67 Stat. 507
## Notes
Sections, R.S. §§ 2639 to 2641, 2643, related to various accounting duties of collectors, comptrollers, and surveyors of customs. Those provisions are covered generally in chapters 33 and 35 of Title 31, Money and Finance.
Section 42 was amended by act July 31, 1894, ch. 174, § 19, 28 Stat. 210.
Statutory Notes and Related Subsidiaries
Effective Date of Repeal; Savings ProvisionRepeal effective on and after thirtieth day following Aug. 8, 1953, and savings provision, see sections 1 and 23 of act Aug. 8, 1953.
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title_number: 19
title_name: "CUSTOMS DUTIES"
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citation: "19 U.S.C. § 48"
status: "current"
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---
# 19 U.S.C. § 48 - Repealed. Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807, eff. Nov. 1, 1946
## Notes
Section, acts Mar. 4, 1923, ch. 251, § 5, 42 Stat. 1454; June 17, 1930, ch. 497, title IV, § 645(b), 46 Stat. 761, related to travel, subsistence, and transportation expenses of customs officers and employees. These provisions are covered generally in chapter 57 of Title 5, Government Organization and Employees.
@@ -0,0 +1,33 @@
---
type: "LegalText"
title: "19 U.S.C. § 49"
description: "Repealed. Aug. 26, 1935, ch. 689, § 1, 49 Stat. 864"
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corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "49"
citation: "19 U.S.C. § 49"
status: "current"
release_point: "119-100"
release_date: "2026-06-26"
source: "official"
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source_identifier: "/us/usc/t19/s49"
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---
# 19 U.S.C. § 49 - Repealed. Aug. 26, 1935, ch. 689, § 1, 49 Stat. 864
## Notes
Section, R.S. § 1790, related to restriction on payment for services of officers or other persons in customs service.
@@ -0,0 +1,43 @@
---
type: "LegalText"
title: "19 U.S.C. § 52"
description: "Payment of compensation and expenses"
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corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
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citation: "19 U.S.C. § 52"
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---
# 19 U.S.C. § 52 - Payment of compensation and expenses
## Text
The compensation of all customs officers and employees provided for by sections 6, 7, 8, 13, and 51 of this title, and the expenses authorized by section 48 of this title, shall be paid from the appropriation for the collection of the revenue from customs.
(Mar. 4, 1923, ch. 251, § 6, 42 Stat. 1454; Mar. 3, 1927, ch. 348, § 3(c), 44 Stat. 1382.)
## Notes
Editorial Notes
References in TextSections 7 and 8 of this title, referred to in text, were repealed by Pub. L. 91271, title III, § 321(c), (d), June 2, 1970, 84 Stat. 293. Section 13 of this title, referred to in text, was repealed by act Aug. 2, 1956, ch. 887, § 4(a)(2), 70 Stat. 947. Section 48 of this title, referred to in text, was repealed by act Aug. 2, 1946, ch. 744, § 2, 60 Stat. 807, eff. Nov. 1, 1946. See section 5724 of Title 5, Government Organization and Employees. Section 51 of this title, referred to in text, was repealed by Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 645. See, also, Additional Repeal note set out thereunder.
Codification Act Mar. 3, 1927, abolished the offices of Director and Assistant Director of Customs.
@@ -0,0 +1,41 @@
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title_number: 19
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---
# 19 U.S.C. § 53 to 57 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(16)(20), 70 Stat. 947
## Notes
Section 53, R.S. § 2687, provided for apportionment of compensation according to time served. See, generally, sections 5504 and 6101 of Title 5, Government Organization and Employees.
Section 54, R.S. § 2646, related to books to be furnished to collectors and other officers.
Section 55, R.S. § 2647; acts Aug. 24, 1912, ch. 355, 37 Stat. 434; June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, provided that collectors of customs, and comptrollers and surveyors performing functions of collectors, should render quarterly accounts to Secretary of the Treasury of fines collected, moneys received as rents, etc.
Section 56, R.S. § 2944, related to additional hours of service at public stores in New York.
Section 57, R.S. § 2648; act Aug. 24, 1912, ch. 355, § 1, 37 Stat. 434, related to sale of blanks by collectors and surveyors.
@@ -0,0 +1,33 @@
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title_number: 19
title_name: "CUSTOMS DUTIES"
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citation: "19 U.S.C. § 58"
status: "current"
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---
# 19 U.S.C. § 58 - Repealed. Pub. L. 95410, title II, § 214(a), Oct. 3, 1978, 92 Stat. 904
## Notes
Section, R.S. § 2654; acts Aug. 24, 1912, ch. 355, 37 Stat. 434; June 2, 1970, Pub. L. 91271, title III, § 307, 84 Stat. 292, provided for fees of customs officers for eleven enumerated types of services. See section 58a of this title.
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title_number: 19
title_name: "CUSTOMS DUTIES"
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citation: "19 U.S.C. § 58a"
status: "current"
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---
# 19 U.S.C. § 58a - Fees for services of customs officers
## Text
The Secretary may charge such fees as may be necessary to cover the costs of providing services similar to or the same as services furnished by customs officers under the sections repealed by subsection (a).
(Pub. L. 95410, title II, § 214(b), Oct. 3, 1978, 92 Stat. 904.)
## Notes
Editorial Notes
References in TextThe sections repealed by subsection (a), referred to in text, means the sections repealed by Pub. L. 95410, § 214(a), which provided: “Sections 2654, 4381, 4382, and 4383 of the Revised Statutes of the United States (19 U.S.C. 58 and 46 U.S.C. 329, 330, and 333) are each repealed.”
@@ -0,0 +1,41 @@
---
type: "LegalText"
title: "19 U.S.C. § 58b1"
description: "Expenses from fees collected"
jurisdiction: "us"
corpus: "united_states_code"
kind: "code_section"
title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "1"
chapter_name: "COLLECTION DISTRICTS, PORTS, AND OFFICERS"
section: "58b1"
citation: "19 U.S.C. § 58b1"
status: "current"
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release_date: "2026-06-26"
source: "official"
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---
# 19 U.S.C. § 58b1 - Expenses from fees collected
## Text
Beginning in fiscal year 1998 and thereafter, such sums as may be necessary for expenses for the provision of Customs services at certain small airports or other facilities when authorized by law and designated by the Secretary of the Treasury, including expenditures for the salary and expenses of individuals employed to provide such services, to be derived from fees collected by the Secretary pursuant to section 58b of this title for each of these airports or other facilities when authorized by law and designated by the Secretary, and to remain available until expended.
(Pub. L. 10561, title I, Oct. 10, 1997, 111 Stat. 1279.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
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# 19 U.S.C. § 58b - User fee for customs services at certain small airports and other facilities
## Text
(a) Authorized airports, seaports, or other facilities The Secretary of the Treasury shall make customs services available and charge a fee for the use of such customs services at—
(1) the airport located at Lebanon, New Hampshire,
(2) the airport located at Pontiac/Oakland, Michigan, and
(3) any other airport, seaport, or other facility designated by the Secretary of the Treasury under subsection (c).
(b) Liability for and amount of fee The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport, seaport, or other facility and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are rendered to such person at such airport, seaport, or other facility (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services).
(c) Justification for service The Secretary of the Treasury may designate airports, seaports, and other facilities under this subsection. An airport, seaport, or other facility may be designated under this subsection only if—
(1) the Secretary of the Treasury has made a determination that the volume or value of business cleared through such airport, seaport, or other facility is insufficient to justify the availability of customs services at such airport, seaport, or other facility, and
(2) the governor of the State in which such airport, seaport, or other facility is located approves such designation.
(d) Failure to pay fee Any person who, after notice and demand for payment of any fee charged under subsection (a), fails to pay such fee shall be guilty of a misdemeanor and if convicted thereof shall pay a fine that does not exceed an amount equal to 200 percent of such fee.
(e) Small airport, seaport, or other facility account; expenditures for services Fees collected by the Secretary of the Treasury under subsection (a) with respect to the provision of services at an airport, seaport, or other facility shall be deposited in an account within the Treasury of the United States that is specially designated for such airport, seaport, or other facility. The Secretary of the Treasury is authorized and directed to pay out of any funds available in such account any expenses incurred by the Federal Government in providing customs services at such airport, seaport, or other facility (including expenses incurred for the salaries and expenses of individuals employed to provide such services). None of the funds deposited into such account shall be available for any purpose other than making payments authorized under the preceding sentence.
(f) Customs services for foreign trade zones or subzones For purposes of this section, customs services provided in connection with, or with respect to, any foreign trade zone or subzone that is located at, or in the vicinity of, any airport, seaport, or other facility described in subsection (a) or designated under subsection (c) shall be considered to be customs services provided at such airport, seaport, or other facility.
(Pub. L. 98573, title II, § 236, Oct. 30, 1984, 98 Stat. 2992; Pub. L. 99190, § 142, Dec. 19, 1985, 99 Stat. 1324; Pub. L. 99272, title XIII, § 13032, Apr. 7, 1986, 100 Stat. 310; Pub. L. 100418, title I, § 1905, Aug. 23, 1988, 102 Stat. 1313; Pub. L. 101207, § 3(c)(2), (f)(1), Dec. 7, 1989, 103 Stat. 1834, 1835.)
## Notes
Editorial Notes
Amendments1989—Pub. L. 101207, § 3(f)(1)(C), inserted “and other facilities” after “airports” in section catchline. Subsecs. (a)(3), (b). Pub. L. 101207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing. Subsec. (c). Pub. L. 101207, § 3(f)(1)(A), (B), inserted “, seaports, and other facilities” after “airports” in introductory provisions and “, seaport, or other facility” after “airport” wherever appearing. Subsec. (e). Pub. L. 101207, § 3(f)(1)(A), inserted “, seaport, or other facility” after “airport” wherever appearing. Subsec. (f). Pub. L. 101207, § 3(c)(2), (f)(1)(A), added subsec. (f) and inserted “, seaport, or other facility” after “airport” in two places. 1988—Subsec. (a)(2), (3). Pub. L. 100418, § 1905(1)(3), added par. (2) and redesignated former par. (2) as (3). Subsec. (c). Pub. L. 100418, § 1905(4), struck out “20” before “airports”. 1986—Subsec. (c). Pub. L. 99272, § 13032(1), made amendment identical to Pub. L. 99190, substituting “20 airports” for “4 airports”. Subsec. (e). Pub. L. 99272, § 13032(2), substituted last two sentences for former last sentence which read as follows: “The funds in such account shall only be available, as provided by appropriation Acts, for expenditures relating to the provision of customs services at such airport (including expenditures for the salaries and expenses of individuals employed to provide such services).” 1985—Subsec. (c). Pub. L. 99190 substituted “20 airports” for “4 airports”.
Statutory Notes and Related Subsidiaries
Effective DateSection effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98573, set out as an Effective Date of 1984 Amendment note under section 1304 of this title.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
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# 19 U.S.C. § 59 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(21), 70 Stat. 947
## Notes
Section, R.S. § 2635; act June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, required posting of a table of fees.
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# 19 U.S.C. § 6 - Designation of customs officers for foreign service; status; rejection of designated customs officer; applicability of civil service laws
## Text
Any officer of the customs service designated by the Secretary of the Treasury for foreign service, shall, through the Department of State, be regularly and officially attached to the diplomatic missions of the United States in the countries in which they are to be stationed, and when such officers are assigned to countries in which there are no diplomatic missions of the United States, appropriate recognition and standing with full facilities for discharging their official duties shall be arranged by the Department of State. The Secretary of State may reject the name of any such officer whose assignment to the foreign post for which he has been designated would, in his judgment, be prejudicial to the public policy of the United States. The appointment of such customs officers shall be made pursuant to the civil service laws and regulations upon the nomination of the principal officer in charge of the office to which such appointments are to be made.
(Mar. 4, 1923, ch. 251, § 2, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748; May 28, 1926, ch. 411, § 1, 44 Stat. 669; June 17, 1930, ch. 497, title IV, §§ 518, 649, 46 Stat. 737, 762; June 25, 1948, ch. 646, § 39, 62 Stat. 992; Pub. L. 91271, title III, § 303, June 2, 1970, 84 Stat. 292.)
## Notes
Editorial Notes
Amendments1970—Pub. L. 91271 struck out provisions authorizing Secretary of the Treasury to appoint, prescribe designations and duties, and fix compensation of deputies and other customs officers, laborers, and other employees. 1948—Act June 25, 1948, struck out fourth sentence relating to appointment and compensation of clerks of Customs Court. 1930—Act June 17, 1930, § 649, substituted “Treasury attachés” for “Customs attachés”. Act June 17, 1930, § 518, authorized Secretary of the Treasury to appoint and fix compensation of clerks of Customs Court. 1926—Act May 28, 1926, substituted “United States Customs Court” for “Board of General Appraisers”.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 AmendmentAmendment by Pub. L. 91271 effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91271, set out as a note under section 1500 of this title.
Effective Date of 1948 AmendmentAct June 25, 1948, ch. 646, § 38, 62 Stat. 992, provided that the amendment made by that act is effective Sept. 1, 1948.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by 1950 Reorg. Plan No. 26. §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 60 - Penalty for extortion
## Text
Every officer of the customs who demands or receives any other or greater fee, compensation, or reward than is allowed by law, for performing any duty or service required from him by law, shall be liable to a penalty of $200 for each offense, recoverable to the use of the party aggrieved.
(R.S. § 2636.)
## Notes
Editorial Notes
Codification R.S. § 2636 derived from act Mar. 2, 1799, ch. 22, § 73, 1 Stat. 680.
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# 19 U.S.C. § 63 - Repealed. Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 636
## Notes
Section, act Aug. 28, 1890, ch. 812, §§ 1, 2, 26 Stat. 362, provided for leaves of absence of officers and employees in customs service who receive per diem compensation.
Section was additionally repealed by Pub. L. 91271, title III, § 321(k), June 2, 1970, 84 Stat. 293.
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# 19 U.S.C. § 64 - Laws imposing fines applicable to persons acting under customs laws
## Text
All Acts and parts of Acts imposing fines, penalties, or other punishment for offenses committed by an internal revenue officer or other officer of the Department of the Treasury of the United States, or under any bureau thereof, shall apply to all persons whomsoever, employed, appointed, or acting under the authority of any customs law, when such persons are designated or acting as officers or deputies, or persons having the custody or disposition of any public money.
(Feb. 8, 1875, ch. 36, § 23 (part), 18 Stat. 312.)
## Notes
Editorial Notes
Codification Section is based on section 23 (as related to persons acting under any customs law) of act Feb. 8, 1875. Provisions of section 23 (as related to persons acting under any internal revenue law or any revenue provisions of any law of the United States) were repealed effective Feb. 11, 1939, by section 4 of act Feb. 10, 1939 (53 Stat. 1) and incorporated as section 4048 of Title 26, Internal Revenue Code of 1939. The Internal Revenue Code of 1939 was repealed by the Internal Revenue Code of 1954. The Internal Revenue Code of 1954 was redesignated the Internal Revenue Code of 1986 by Pub. L. 99514, § 2, Oct. 22, 1986, 100 Stat. 2095. Provisions of former section 4048 are covered by section 7344 of Title 26, Internal Revenue Code.
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# 19 U.S.C. § 66 - Rules and forms prescribed by Secretary
## Text
The Secretary of the Treasury shall prescribe forms of entries, oaths, bonds, and other papers, and rules and regulations not inconsistent with law, to be used in carrying out the provisions of law relating to raising revenue from imports, or to duties on imports, or to warehousing, and shall give such directions to customs officers and prescribe such rules and forms to be observed by them as may be necessary for the proper execution of the law.
(R.S. § 251 (part); Pub. L. 91271, title III, § 308, June 2, 1970, 84 Stat. 292.)
## Notes
Editorial Notes
Codification R.S. § 251 derived from acts Feb. 10, 1830, ch. 11, §§ 14, 15, 3 Stat. 543; Aug. 6, 1846, ch. 84, § 5, 9 Stat. 55; May 14, 1856, Res. 9, 11 Stat. 144; June 30, 1864, ch. 172, § 8, 13 Stat. 221; July 14, 1870, ch. 255, § 34, 16 Stat. 271. R.S. § 251, which was also classified in part to section 427 of former Title 31, was repealed in part and reenacted as section 321(a)(5) of Title 31, Money and Finance, by Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067.
Amendments1970—Pub. L. 91271 substituted reference to customs officers for reference to collectors.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 AmendmentAmendment by Pub. L. 91271 effective with respect to articles entered, or withdrawn from warehouse for consumption on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91271, set out as a note under section 1500 of this title.
Executive Documents
Transfer of Functions All offices of collector of customs, comptroller of customs, surveyor of customs, and appraiser of merchandise in Bureau of Customs of Department of the Treasury to which appointments were required to be made by President with advice and consent of Senate ordered abolished, with such offices to be terminated not later than December 31, 1966, by Reorg. Plan No. 1 of 1965, eff. May 25, 1965, 30 F.R. 7035, 79 Stat. 1317, set out as a note under section 1 of this title. All functions of offices eliminated were already vested in Secretary of the Treasury by Reorg. Plan No. 26 of 1950, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 67 - Repealed. Aug. 2, 1956, ch. 887, § 4(a)(24), 70 Stat. 947
## Notes
Section, R.S. § 258, provided for a report to each session of Congress by the Secretary on customhouse business and is covered by section 331 of Title 31, Money and Finance.
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# 19 U.S.C. § 68 - Enforcement of customs and immigration laws in Guam and the Virgin Islands and along Canadian and Mexican borders; cooperation by Secretary of the Treasury and Attorney General; erection of buildings
## Text
To aid in the enforcement of the customs and immigration laws along the Canadian and Mexican borders and to provide better facilities for such enforcement at points along such borders at which no Federal or other buildings adapted or suitably located for the purpose are available, and for similar purposes in the Virgin Islands of the United States, the Secretary of the Treasury and the Attorney General are hereby authorized to expend, and for similar purposes in Guam the Attorney General is hereby authorized to expend, from the funds appropriated for the general maintenance and operation of the Customs and the Immigration and Naturalization Services, respectively, the necessary amounts for the acquisition of land and the erection of buildings, sheds, and office quarters, including living quarters for officers where none are otherwise available: Provided, That the total amount which may be so expended for any one project, including the site, shall not exceed $200,000 and that where the project is for the joint use of the Customs Service and the Immigration and Naturalization Service, the combined cost of the project, including the site, shall be charged to the two appropriations concerned.
(June 26, 1930, ch. 617, § 1, 46 Stat. 817; Oct. 10, 1940, ch. 837, 54 Stat. 1091; Sept. 26, 1951, ch. 414, 65 Stat. 336; May 18, 1956, ch. 282, 70 Stat. 159; Pub. L. 86466, May 13, 1960, 74 Stat. 130; Pub. L. 87465, May 31, 1962, 76 Stat. 87; Pub. L. 8987, July 24, 1965, 79 Stat. 264; Pub. L. 93396, Aug. 29, 1974, 88 Stat. 794.)
## Notes
Editorial Notes
Amendments1974—Pub. L. 93396 substituted “$200,000” for “$100,000”. 1965—Pub. L. 8987 extended to Guam and the Virgin Islands the authority of the Attorney General and the Secretary of the Treasury to construct facilities for the enforcement of the customs and immigration laws. 1962—Pub. L. 87465 substituted “$100,000” for “$40,000” and “$80,000”. 1960—Pub. L. 86466 substituted “$40,000” and “$80,000” for “$30,000” and “$60,000”, respectively. 1956—Act May 18, 1956, substituted “$30,000” and “$60,000” for “$15,000” and “$30,000”, respectively. 1951—Act Sept. 26, 1951, substituted “$15,000” and “$30,000” for “$5,000” and “$10,000”, respectively. 1940—Act Oct. 10, 1940, substituted “$5000” and “$10,000” for “$3000” and “$6000”, respectively.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Abolition of Immigration and Naturalization Service and Transfer of Functions For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.
Executive Documents
Transfer of Functions Functions of officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Customs Service was under Department of the Treasury. Immigration and Naturalization Service of Department of Labor (including Office of Commissioner of Immigration and Naturalization) and its functions were transferred to Department of Justice, to be administered under direction and supervision of Attorney General; and functions and powers of Secretary of Labor relating to administration of the Service and its functions or to administration of immigration and naturalization laws were transferred to Attorney General, by Reorg. Plan No. V of 1940, eff. June 15, 1940, 5 F.R. 2223, 54 Stat. 1238, set out in the Appendix to Title 5.
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# 19 U.S.C. § 69 - Erection of protective gates and fences across and around roads crossing borders
## Text
The Secretary of the Treasury is authorized to expend, from the funds appropriated for the general maintenance and operation of the Customs Service, such amounts as may be necessary for the erection of protective gates across international highways and roads crossing the Canadian and Mexican borders and for the erection of such fences in the immediate vicinity of such highways and roads as may be necessary to prevent unlawful entry or smuggling.
(June 26, 1930, ch. 617, § 2, as added Oct. 10, 1940, ch. 837, 54 Stat. 1092.)
## Notes
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Transfer of Functions Functions of officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions, by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Customs Service was under Department of the Treasury. Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of that Department, with respect to inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving United States, were to have been transferred to Secretary of the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5. The transfer was negated by section 1(a)(1), (b) of Pub. L. 93253, Mar. 16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1, 1973.
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# 19 U.S.C. § 6a to 6d - Repealed. Sept. 3, 1954, ch. 1263, § 13(b), 68 Stat. 1231
## Notes
Sections, act May 29, 1928, ch. 865, §§ 14, 45 Stat. 955, related to compensation. See sections 5101 et seq. and 5301 et seq. of Title 5, Government Organization and Employees.
Act Dec. 12, 1930, ch. 10, 46 Stat. 1026, formerly set out as a credit to these sections, was repealed by Pub. L. 89554, § 8(a), Sept. 6, 1966, 80 Stat. 648.
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# 19 U.S.C. § 6e - Overtime compensation based on standard or daylight saving time
## Text
On and after June 30, 1949, overtime compensation of customs officers and employees, as authorized by law, shall be based either on standard or daylight saving time, whichever is observed where overtime services are performed.
(June 30, 1949, ch. 286, title I, 63 Stat. 360.)
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# 19 U.S.C. § 7 to 11 - Repealed. Pub. L. 91271, title III, § 321(c)(g), June 2, 1970, 84 Stat. 293
## Notes
Section 7, act Mar. 4, 1923, ch. 251, § 3, 42 Stat. 1453, authorized collectors, comptrollers, surveyors, and appraisers to appoint assistants, and collector at New York to appoint a solicitor to collector, all such appointments subject to approval of Secretary of the Treasury.
Section 8, R.S. § 2629; acts Mar. 3, 1905, ch. 1413, § 1, 33 Stat. 983; Mar. 4, 1923, ch. 251, § 4, 42 Stat. 1453, set forth procedure for filling a vacancy in office of a collector, comptroller, surveyor, or appraiser.
Section 9, R.S. § 2625, act Mar. 4, 1923, ch. 251, § 3, 42 Stat. 1453, provided for performance of collectors duties in case of his disability.
Section 10, R.S. § 2630; acts Mar. 4, 1923, ch. 251, §§ 2, 3, 42 Stat. 1453; Jan. 13, 1925, ch. 76, 43 Stat. 748, provided that in cases of occasional and necessary absence, or of sickness, any collector could exercise his powers and perform his duties by deputy.
Section 11, R.S. § 2632; act June 17, 1930, ch. 497, title IV, § 523, 46 Stat. 740, provided that in cases of occasional and necessary absence, or of sickness, every comptroller and surveyor could, respectively, exercise and perform his functions, powers, and duties by deputy.
Statutory Notes and Related Subsidiaries
Effective Date of RepealRepeal effective with respect to articles entered, or withdrawn from warehouse for consumption, on or after Oct. 1, 1970, and such other articles entered or withdrawn from warehouse for consumption prior to such date, or with respect to which a protest has not been disallowed in whole or in part before Oct. 1, 1970, see section 203 of Pub. L. 91271, set out as an Effective Date of 1970 Amendment note under section 1500 of this title.
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# 19 U.S.C. § 70 - Obstruction of revenue officers by masters of vessels
## Text
If the master of any vessel shall obstruct or hinder, or shall intentionally cause any obstruction or hindrance to any officer in lawfully going on board such vessel, for the purpose of carrying into effect any of the revenue or navigation laws of the United States, he shall for every such offense be liable to a penalty of not more than $2,000 nor less than $500.
(R.S. § 3068; Aug. 5, 1935, ch. 438, title III, § 307, 49 Stat. 528.)
## Notes
Editorial Notes
Codification R.S. § 3068 derived from act Mar. 2, 1799, ch. 22, § 71, 1 Stat. 678.
Amendments1935—Act Aug. 5, 1935, inserted reference to navigation laws, and increased penalty from $500 and $50 to $2,000 and $500, respectively.
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# 19 U.S.C. § 2071 - Establishment of Service; Commissioner; appointment
## Text
There shall be in the Department of the Treasury a service to be known as the United States Customs Service, and a Commissioner of Customs.11 See Change of Name note below. The Commissioner of Customs,1 who shall be appointed by the President by and with the advice and consent of the Senate, shall—
(1) be at the head of the United States Customs Service;
(2) carry out the duties and powers prescribed by the Secretary of the Treasury; and
(3) report to the Secretary of the Treasury through such other officials as may be designated by the Secretary.
(Mar. 3, 1927, ch. 348, § 1, 44 Stat. 1381; May 27, 1930, ch. 342, § 8, 46 Stat. 430; Ex. Ord. No. 6639, § 1a, Mar. 10, 1934; Pub. L. 101207, § 3(b)(1), Dec. 7, 1989, 103 Stat. 1833; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
## Notes
Editorial Notes
Codification Provisions that fixed the compensation of the Commissioner have been omitted as the position is under the Executive Schedule, see section 5316 of Title 5, Government Organization and Employees. Provisions that authorized appointment of the Commissioner “without regard to the civil service laws” were omitted as the appointment is subject to the civil service laws unless specifically excepted by such laws or by laws enacted subsequent to Executive Order No. 8743, Apr. 23, 1941, issued by the President pursuant to the act of Nov. 26, 1940, ch. 919, title I, § 1, 54 Stat. 1211, which covered most excepted positions into the classified (competitive) civil service. The Order is set out as a note under section 3301 of Title 5. The position is currently excepted from the civil service rules and regulations by Schedule C, see Part 213 of Title 5 of the Code of Federal Regulations. Section was formerly classified to section 281 of Title 5 prior to the general revision and codification of Title 5 by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378. References to the Bureau of Prohibition and to the Commissioner of Prohibition were omitted in view of the change of name of the Bureau of Prohibition to the Bureau of Industrial Alcohol by act May 27, 1930, and the abolition of the Bureau of Industrial Alcohol by Ex. Ord. No. 6639.
Amendments1989—Pub. L. 101207 amended second sentence generally. Prior to amendment, second sentence read as follows: “The Commissioner of Customs shall be at the head of the United States Customs Service, and the Commissioner of Customs shall be appointed by the Secretary of the Treasury.”
Statutory Notes and Related Subsidiaries
Change of Name Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Effective DateAct Mar. 3, 1927, ch. 348, § 7, 44 Stat. 1383, provided that: “This Act shall take effect April 1, 1927.”
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Mandatory Advance Electronic Information for Cargo and Other Improved Customs Reporting ProceduresPub. L. 107210, div. A, title III, § 343(a), (c), Aug. 6, 2002, 116 Stat. 981, 985, as amended by Pub. L. 107295, title I, § 108(b), Nov. 25, 2002, 116 Stat. 2089; Pub. L. 10959, title XI, § 11165(a), Aug. 10, 2005, 119 Stat. 1976; Pub. L. 114125, title I, § 111(c), Feb. 24, 2016, 130 Stat. 140; Pub. L. 115271, title VIII, § 8003(a)(1), (b)(1), (e), Oct. 24, 2018, 132 Stat. 4074, which authorized the Secretary of the Treasury to promulgate regulations providing for the transmission to the Customs Service of electronic information pertaining to cargo entering or leaving the United States and was formerly set out as a note under this section, was transferred to section 1415 of this title.
Secure Systems of TransportationPub. L. 107210, div. A, title III, § 343A, Aug. 6, 2002, 116 Stat. 985, required the Secretary of the Treasury to establish a joint task force to evaluate, prototype, and certify secure systems of transportation, required the joint task force to establish a program to evaluate and certify secure systems of international intermodal transport, provided minimum standards for the program, and mandated that the Secretary recognize certified systems of intermodal transport and report to Congress within one year of the programs implementation, prior to repeal by Pub. L. 107295, title I, § 108(c), Nov. 25, 2002, 116 Stat. 2090.
Extension of Pre-Clearance Program in ArubaPub. L. 102393, title VI, § 637, Oct. 6, 1992, 106 Stat. 1779, provided that: “Notwithstanding any other provision of law, the United States Customs Service pilot pre-clearance program authorized to be established in Aruba shall be extended through 1994.”
Reports Regarding Expansion of Customs Preclearance Operations and Recovery for Damage Resulting From Customs ExaminationsPub. L. 101382, title I, § 124, Aug. 20, 1990, 104 Stat. 643, as amended by Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210, provided that the Secretary of the Treasury would assess the advisability of expanding the use of preclearance operations by the United States Customs Service at foreign airports and report to Congress no later than Feb. 1, 1991, and also provided that the Secretary would evaluate various means by which persons whose merchandise is damaged during customs examinations could seek compensation from, or take other recourse against, the United States Customs Service, and report this evaluation to Congress by Feb. 1, 1991.
Pilot Preclearance ProgramPub. L. 101382, title II, § 233, Aug. 20, 1990, 104 Stat. 663, required the Commissioner of Customs to carry out, during fiscal years 1991 and 1992, preclearance operations at a facility of the United States Customs Service in a country within the Caribbean Basin which the Commissioner considered appropriate for testing the extent to which the availability of preclearance operations could assist in the development of tourism and to submit to Congress, as soon as practicable after Sept. 30, 1992, a report regarding those preclearance operations.
Incumbent Commissioner on December 6, 1989Pub. L. 101207, § 3(b)(2), Dec. 7, 1989, 103 Stat. 1834, provided that: “The individual who is serving as the Commissioner of Customs on the day before the date of the enactment of this Act [Dec. 7, 1989] may continue to serve in such capacity until a Commissioner of Customs, appointed as provided in the amendment made by paragraph (1) [amending this section], takes office.”
Advisory Committee on Commercial Operations of United States Customs ServicePub. L. 100203, title IX, § 9503(c), Dec. 22, 1987, 101 Stat. 1330381, which directed the Secretary of the Treasury to establish an Advisory Committee on Commercial Operations of the United States Customs Service to advise the Secretary and prepare annual reports relating to commercial operations of the United States Customs Service, was repealed, effective on the date on which the Advisory Committee was established under section 4316(a) of this title [Mar. 29, 2016, see 81 F.R. 18865], by Pub. L. 114125, title I, § 109(g)(1), Feb. 24, 2016, 130 Stat. 137. Pub. L. 99272, title XIII, § 13033, Apr. 7, 1986, 100 Stat. 311, which provided for the establishment of an advisory committee, whose members were to consist of representatives from the airline, shipping, and other transportation industries, the general public, and others, to advise the Secretary of the Treasury on issues related to the performance of the customs services, was repealed by Pub. L. 100203, title IX, § 9503(d), Dec. 22, 1987, 101 Stat. 1330382.
Executive Documents
Change of Name “United States Customs Service” substituted in text for “Bureau of Customs” pursuant to Treasury Department Order 16523, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money and Finance.
Transfer of Functions Functions vested by law in Attorney General, Department of Justice, or any other officer or any agency of that Department, with respect to the inspection at regular inspection locations at ports of entry of persons, and documents of persons, entering or leaving the United States, were to have been transferred to Secretary of the Treasury by 1973 Reorg. Plan No. 2, § 2, eff. July 1, 1973, 38 F.R. 15932, 87 Stat. 1091, set out in the Appendix to Title 5. The transfer was negated by section 1(a)(1), (b) of Pub. L. 93253, Mar. 16, 1974, 88 Stat. 50, which repealed section 2 of 1973 Reorg. Plan No. 2, eff. July 1, 1973. Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 2072 - Officers and employees
## Text
(a) Appointment by Secretary of the Treasury The Secretary of the Treasury is authorized to appoint, in the service established by section 2071 of this title, one assistant commissioner, three deputy commissioners, one chief clerk, and such attorneys and other officers and employees as he may deem necessary. One of the deputy commissioners of the United States Customs Service shall have charge of investigations. Appointments under this subsection shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5.
(b) Absence or disability of Commissioner The Secretary of the Treasury is authorized to designate an officer of the United States Customs Service to act as Commissioner of Customs,11 See Change of Name note below. during the absence or disability of the Commissioner of Customs,1 or in the event that there is no Commissioner of Customs.1
(c) Duties of personnel The personnel of the United States Customs Service shall perform such duties as the Secretary of the Treasury may prescribe.
(d) International Trade Committee (1) Establishment The Commissioner shall establish an International Trade Committee, to be chaired by the Commissioner, and to include the Deputy Commissioner, the Assistant Commissioner in the Office of Field Operations, the Assistant Commissioner in the Office of Finance, the Assistant Commissioner in the Office of International Affairs, the Assistant Commissioner in the Office of International Trade, the Director of the Office of Trade Relations, and any other official determined by the Commissioner to be important to the work of the Committee.
(2) Responsibilities The International Trade Committee shall—
(A) be responsible for advising the Commissioner with respect to the commercial customs and trade facilitation functions of the United States Customs and Border Protection;
(B) assist the Commissioner in coordinating with the Secretary regarding commercial customs and trade facilitation functions; and
(C) oversee the operation of all programs and systems that are involved in the assessment and collection of duties, bonds, and other charges or penalties associated with the entry of cargo into the United States, or the export of cargo from the United States, including the administration of duty drawback and the collection of antidumping and countervailing duties.
(3) Annual report Not later than 30 days after the end of each fiscal year, the International Trade Committee shall submit a report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. The report shall—
(A) detail the activities of the International Trade Committee during the preceding fiscal year; and
(B) identify the priorities of the International Trade Committee for the fiscal year in which the report is filed.
(e) Definition In this section:
(1) Commissioner The term “Commissioner” means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security.
(2) Commercial Operations Advisory Committee The term “Commercial Operations Advisory Committee” means the Advisory Committee established pursuant to section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) 22 See References in Text note below. or any successor committee.
(Mar. 3, 1927, ch. 348, § 2, 44 Stat. 1381; May 27, 1930, ch. 342, § 8, 46 Stat. 430; June 17, 1930, ch. 497, title IV, § 650, 46 Stat. 762; Ex. Ord. No. 6639, § 1a, Mar. 10, 1934; Oct. 28, 1949, ch. 782, title XI, § 1106(a), 63 Stat. 972; Sept. 3, 1954, ch. 1263, § 9, 68 Stat. 1228; Pub. L. 109347, title IV, § 402, Oct. 13, 2006, 120 Stat. 1924; Pub. L. 114125, title VIII, § 802(d)(2), (h)(3), Feb. 24, 2016, 130 Stat. 210, 215.)
## Notes
Editorial Notes
References in TextSection 9503(c) of the Omnibus Budget Reconciliation Act of 1987, referred to in subsec. (e)(2), is section 9503(c) of Pub. L. 100203, which was set out as a note under section 2071 of this title, prior to repeal by Pub. L. 114125, title I, § 109(g)(1), Feb. 24, 2016, 130 Stat. 137. For establishment of successor committee, see section 4316(a) of this title.
Codification Section was formerly classified to section 281a of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378. “Chapter 51 and subchapter III of chapter 53 of title 5” were substituted for “the Classification Act of 1949, as amended” on authority of Pub. L. 89554, § 7(b), Sept. 6, 1966, 80 Stat. 631, the first section of which enacted Title 5, Government Organization and Employees.
Amendments2016—Subsecs. (d) to (f). Pub. L. 114125, § 802(h)(3), redesignated subsecs. (e) and (f) as (d) and (e), respectively, and struck out former subsec. (d) which established the Office of International Trade. Notwithstanding directory language amending this section “as added” by section 402 of Pub. L. 109347, amendment was executed to this section as amended by section 402 of Pub. L. 109347, to reflect the probable intent of Congress. See 2006 Amendment note below. 2006—Subsecs. (d) to (f). Pub. L. 109347 added subsecs. (d) to (f). 1954—Subsec. (c). Act Sept. 3, 1954, struck out references to the National Prohibition Act. 1949—Subsec. (a). Act Oct. 28, 1949, substituted “Classification Act of 1949” for “Classification Act of 1923”.
Statutory Notes and Related Subsidiaries
Change of Name Bureau of Prohibition and Commissioner of Prohibition redesignated Bureau of Industrial Alcohol and Commissioner of Industrial Alcohol, respectively, by act May 27, 1930. Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
RepealsAct Oct. 28, 1949, ch. 782, title XI, § 1106(a), cited as a credit to this section, was repealed (subject to a savings clause) by Pub. L. 89554, Sept. 6, 1966, § 8, 80 Stat. 632, 655.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Deputy Commissioner of CustomsAct June 17, 1930, authorized the appointment of an additional deputy commissioner in the Bureau of Customs in addition to the two deputy commissioners then authorized by law.
Executive Documents
Change of Name “United States Customs Service” substituted for “Bureau of Customs” in subsecs. (a) to (c) pursuant to Treasury Department Order 16523, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money and Finance.
Transfer of Functions Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, set out in the Appendix to Title 5, Government Organization and Employees. Bureau of Industrial Alcohol and office of Commissioner of Industrial Alcohol abolished and Commissioners functions transferred to Commissioner of Internal Revenue by Ex. Ord. No. 6639.
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# 19 U.S.C. § 2073 - Transfer of personnel, etc., to Service
## Text
(a) Repealed. Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229.
(b) The records, property (including office equipment), and personnel of the Division of Customs are transferred to the United States Customs Service.
(Mar. 3, 1927, ch. 348, § 3, 44 Stat. 1382; Sept. 3, 1954, ch. 1263, § 10, 68 Stat. 1229.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 281b of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378. Subsection (c) of section 3 of act March 3, 1927, abolished the Division of Customs and offices of directors and assistant directors of customs and Special Agency Service of the Customs.
Amendments1954—Subsec. (a). Act Sept. 3, 1954, repealed subsec. (a) which related to the delegation of duty to Commissioner of Customs by Secretary of the Treasury.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Change of Name “United States Customs Service” substituted in text for “Bureau of Customs” pursuant to Treasury Department Order 16523, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money and Finance.
Transfer of Functions Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 2074 - Establishment of revolving fund
## Text
There is established a revolving fund of $300,000 which shall be available, without fiscal year limitation exclusively for transfer to the appropriation for collecting the revenue from customs to cover obligations of the United States Customs Service arising from authorized reimbursable services, pending reimbursement from parties in interest: Provided, That amounts so transferred shall be returned to the revolving fund not later than six months after the close of the fiscal year in which transferred.
(June 30, 1949, ch. 286, title I, 63 Stat. 360.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 281g of Title 5 prior to the general revision and enactment of Title 5 by Pub. L. 89554, Sept. 6, 1966, § 1, 80 Stat. 378.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Change of Name “United States Customs Service” substituted in text for “Bureau of Customs” pursuant to Treasury Department Order 16523, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money and Finance.
Transfer of Functions Functions of all officers of Department of the Treasury and functions of all agencies and employees of such Department transferred, with certain exceptions, to Secretary of the Treasury, with power vested in him to authorize their performance or performance of any of his functions by any of such officers, agencies, and employees, by Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 2076 - Advances in foreign countries
## Text
Section 3648 of the Revised Statutes (31 U.S.C. 529b) 11 See References in Text note below. shall not apply to payments made for the Bureau of Customs 22 See Change of Name note below. in foreign countries.
(Mar. 28, 1938, ch. 55, 52 Stat. 126.)
## Notes
Editorial Notes
References in TextSection 3648 of the Revised Statutes, referred to in text, was classified to section 529 (not 529b) of former Title 31, Money and Finance, and subsequently repealed and restated as section 3324(a), (b) of Title 31 by Pub. L. 97258, §§ 1, 5(b), Sept. 13, 1982, 96 Stat. 950, 1068.
Codification Section was formerly classified to section 529b of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
Statutory Notes and Related Subsidiaries
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Similar ProvisionsSection is from Treasury Department Appropriation Act, 1939. Similar provisions were contained in the following appropriation acts: May 6, 1939, ch. 115, title I, § 1, 53 Stat. 660. May 14, 1937, ch. 180, title I, 50 Stat. 142. June 23, 1936, ch. 725, 49 Stat. 1832. May 14, 1935, ch. 110, 49 Stat. 222.
Executive Documents
Change of Name The Bureau of Customs was redesignated the United States Customs Service by Treasury Department Order 16523, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money and Finance.
Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 2077 - Advances for enforcement of customs provisions
## Text
The Commissioner of Customs,11 See Change of Name note below. with the approval of the Secretary of the Treasury, is authorized to direct the advance of funds by the Fiscal Service, Treasury Department, in connection with the enforcement of the customs laws.
(Mar. 28, 1928, ch. 266, § 2, as added Aug. 7, 1939, ch. 566, § 1, 53 Stat. 1263; amended 1940 Reorg. Plan No. III, § 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 529c of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees. “Fiscal Service” substituted in text for “Division of Disbursement” on authority of section 1(a)(1) of Reorg. Plan No. III of 1940, eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231, set out in the Appendix to Title 5, Government Organization and Employees, which consolidated such division into Fiscal Service of Department of the Treasury. See section 306 of Title 31, Money and Finance.
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# 19 U.S.C. § 2078 - Certification of reason for advance
## Text
A certificate by the Commissioner of Customs 11 See Change of Name note below. stating the amount of an expenditure made from funds advanced and certifying that the confidential nature of the transaction involved renders it inadvisable to specify the details thereof or impracticable to furnish the payees receipt shall be a sufficient voucher for the sum expressed to have been expended.
(Mar. 28, 1928, ch. 266, § 3, as added Aug. 7, 1939, ch. 566, § 1, 53 Stat. 1263; amended Pub. L. 91513, title III, § 1102(n)(2), Oct. 27, 1970, 84 Stat. 1293; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
## Notes
Editorial Notes
Codification Section was formerly classified to section 529d of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
Amendments1970—Pub. L. 91513 struck out reference to Commissioner of Narcotics.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Effective Date of 1970 AmendmentAmendment by Pub. L. 91513 effective on first day of seventh calendar month that begins after the day immediately preceding the date of enactment of Pub. L. 91513, which was approved on Oct. 27, 1970, see section 1105(a) of Pub. L. 91513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.
Savings ProvisionProsecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91513, set out as a note under section 171 of Title 21, Food and Drugs.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Transfer of Functions For transfer of functions of other officers, employees, and agencies of Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 2079 - Payments in foreign countries; claims for reimbursement
## Text
The provisions of this Act shall not affect payments made for the United States Customs Service in foreign countries, nor the right of any customs officer or employee to claim reimbursement for personal funds expended in connection with the enforcement of the customs laws.
(Mar. 28, 1928, ch. 266, § 4, as added Aug. 7, 1939, ch. 566, § 1, 53 Stat. 1263; amended Pub. L. 91513, title III, § 1102(n)(3), Oct. 27, 1970, 84 Stat. 1293.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Mar. 28, 1928, ch. 266, 45 Stat. 374, which enacted sections 2077 to 2080 of this title and sections 529a and 529g of former Title 31, Money and Finance. Sections 529a and 529g of former Title 31, were repealed by sections 1101(a)(3) and 1101(a)(6), respectively, of Pub. L. 91513, title III, Oct. 27, 1970, 84 Stat. 1291, 1292.
Codification Section was formerly classified to section 529e of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
Amendments1970—Pub. L. 91513 struck out references to narcotics officers and narcotics laws.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 AmendmentAmendment by Pub. L. 91513 effective on first day of seventh calendar month that begins after the day immediately preceding the date of enactment of Pub. L. 91513, which was approved on Oct. 27, 1970, see section 1105(a) of Pub. L. 91513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.
Savings ProvisionProsecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91513, set out as a note under section 171 of Title 21, Food and Drugs.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Executive Documents
Change of Name “United States Customs Service” substituted in text for “Bureau of Customs” pursuant to Treasury Department Order 16523, Apr. 4, 1973, eff. Aug. 1, 1973, 38 F.R. 13037. See, also, section 308 of Title 31, Money and Finance.
Transfer of Functions For transfer of functions of other officers, employees, and agencies of the Department of the Treasury, with certain exceptions, to Secretary of the Treasury, with power to delegate, see Reorg. Plan No. 26 of 1950, §§ 1, 2, eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in the Appendix to Title 5, Government Organization and Employees.
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# 19 U.S.C. § 2080 - Advances from available appropriations; rules and regulations
## Text
Advances pursuant to this Act, in connection with the enforcement of the customs laws may be made, notwithstanding the provisions of section 3324(a) and (b) of title 31, from the appropriations available for the enforcement of such laws. The Secretary of the Treasury is authorized to prescribe such rules and regulations concerning advances made pursuant to this Act as are necessary or appropriate for the protection of the interests of the United States.
(Mar. 28, 1928, ch. 266, § 5, as added Aug. 7, 1939, ch. 566, § 1, 53 Stat. 1263; amended Pub. L. 91513, title III, § 1102(n)(4), Oct. 27, 1970, 84 Stat. 1293.)
## Notes
Editorial Notes
References in TextThis Act, referred to in text, is act Mar. 28, 1928, ch. 266, 45 Stat. 374, which enacted sections 2077 to 2080 of this title and sections 529a and 529g of former Title 31, Money and Finance. Sections 529a and 529g of former Title 31 were repealed by sections 1101(a)(3) and 1101(a)(6), respectively, of Pub. L. 91513, title III, Oct. 27, 1970, 84 Stat. 1291, 1292.
Codification “Section 3324(a) and (b) of title 31” substituted in text for “section 3648 of the Revised Statutes of the United States (U.S.C., title 31, sec. 529)” on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance. Section was formerly classified to section 529f of Title 31 prior to the general revision and enactment of Title 31, Money and Finance, by Pub. L. 97258, § 1, Sept. 13, 1982, 96 Stat. 877.
Amendments1970—Pub. L. 91513 struck out reference to enforcement of narcotics laws.
Statutory Notes and Related Subsidiaries
Effective Date of 1970 AmendmentAmendment by Pub. L. 91513 effective on first day of seventh calendar month that begins after the day immediately preceding the date of enactment of Pub. L. 91513, which was approved on Oct. 27, 1970, see section 1105(a) of Pub. L. 91513, set out as an Effective Date note under section 951 of Title 21, Food and Drugs.
Savings ProvisionProsecutions for any violation of law occurring, and civil seizures or forfeitures and injunctive proceedings commenced, prior to the effective date of amendment of this section by section 1102 of Pub. L. 91513 not to be affected or abated by reason thereof, see section 1103 of Pub. L. 91513, set out as a note under section 171 of Title 21, Food and Drugs.
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# 19 U.S.C. § 2081 - Undercover investigative operations of Customs Service
## Text
(a) Certification required for exemption of undercover operations from certain laws With respect to any undercover investigative operation of the United States Customs Service (hereinafter in this section referred to as the “Service”) which is necessary for the detection and prosecution of offenses against the United States which are within the jurisdiction of the Secretary of the Treasury—
(1) sums authorized to be appropriated for the Service may be used—
(A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
(i) sections 1341 and 3324 of title 31,
(ii) sections 6301(a) and (b)(1) to (3) and 6306 of title 41,
(iii) chapter 45 of title 41,
(iv) section 8141 of title 40, and
(v) section 3901 of title 41, and
(B) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31;
(2) sums authorized to be appropriated for the Service and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18 and section 3302 of title 31; and
(3) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302 of title 31;
only upon the written certification of the Commissioner of Customs 11 See Change of Name note below. (or, if designated by the Commissioner the Deputy or an Assistant Commissioner of Customs) 1 that any action authorized by paragraph (1), (2), or (3) of this subsection is necessary for the conduct of such undercover operation.
(b) Liquidation of corporations and business entities If a corporation or business entity established or acquired as part of an undercover operation under paragraph (1)(B) of subsection (a) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his designee determines is practicable, shall report the circumstances to the Secretary of the Treasury. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts.
(c) Deposit of proceeds As soon as the proceeds from an undercover investigative operation with respect to which an action is authorized and carried out under paragraphs (2) and (3) of subsection (a) of this section are no longer necessary for the conduct of such operation, such proceeds or the balance of such proceeds remaining at the time shall be deposited into the Treasury of the United States as miscellaneous receipts.
(d) Audits (1) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year, and
(A) submit the results of the audit in writing to the Secretary of the Treasury; and
(B) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit.
(2) The Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations—
(A) the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted;
(B) the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and
(C) the number, by programs, of undercover investigative operations closed in the 1-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto.
(e) Definitions For purposes of subsection (d) of this section—
(1) The term “closed” refers to the earliest point in time at which—
(A) all criminal proceedings (other than appeals) are concluded, or
(B) covert activities are concluded, whichever occurs later.
(2) The term “employees” means employees, as defined in section 2105 of title 5, of the Service.
(3) The terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Service—
(A) in which—
(i) the gross receipts (excluding interest earned) exceed $50,000, or
(ii) expenditures (other than expenditures for salaries of employees) exceed $150,000; and
(B) which is exempt from section 3302 or 9102 of title 31;
except that subparagraphs (A) and (B) shall not apply with respect to the report required under paragraph (2) of subsection (d) of this section.
(Pub. L. 99570, title III, § 3131, Oct. 27, 1986, 100 Stat. 320790; Pub. L. 104201, div. A, title X, § 1074(d)(3), Sept. 23, 1996, 110 Stat. 2661; Pub. L. 104316, title I, § 110(b), Oct. 19, 1996, 110 Stat. 3832; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
## Notes
Editorial Notes
Codification In subsec. (a)(1)(A)(ii), “sections 6301(a) and (b)(1) to (3) and 6306 of title 41,” substituted for “sections 3732(a) and 3741 of the Revised Statutes of the United States (41 U.S.C. 11(a) and 22),” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(1)(A)(iii), “chapter 45 of title 41,” substituted for “section 305 of the Act of June 30, 1949 (63 Stat. 396; 41 U.S.C. 255),” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts. In subsec. (a)(1)(A)(iv), “Section 8141 of title 40” substituted for “the third undesignated paragraph under the heading Miscellaneous of the Act of March 3, 1877 (19 Stat. 370; 40 U.S.C. 34)” on authority of Pub. L. 107217, § 5(c), Aug. 21, 2002, 116 Stat. 1303, which Act enacted Title 40, Public Buildings, Property, and Works. In subsec. (a)(1)(A)(v), “section 3901 of title 41, and” substituted for “section 304(a) of the Federal Property and Administrative Services Act of 1949 (41 U.S.C. 254(a)), and” on authority of Pub. L. 111350, § 6(c), Jan. 4, 2011, 124 Stat. 3854, which Act enacted Title 41, Public Contracts.
Amendments1996—Subsec. (a)(1)(A)(v). Pub. L. 104201 struck out “and (c)” after “section 254(a)”. Subsec. (b). Pub. L. 104316 struck out “and the Comptroller General” after “the Secretary of the Treasury”.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
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# 19 U.S.C. § 2082 - Customs Service administration
## Text
(a) In general The Commissioner of Customs 11 See Change of Name note below. shall—
(1) develop and implement accounting systems that accurately determine and report the allocations made of Customs Service personnel and other resources among the various operational functions of the Service, such as passenger processing, merchandise processing and drug enforcement; and
(2) develop and implement periodic labor distribution surveys of major workforce activities (such as inspectors, import specialists, fines, penalties, and forfeiture officers, special agents, data transcribers, and Customs aides) to determine the costs of different types of passenger and merchandise processing transactions, such as informal and formal entries, and automated and manual entries.
(b) Survey reports The Commissioner of Customs 1 shall no later than January 31, 1991, submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of the first survey implemented under subsection (a)(2).
(Pub. L. 101382, title I, § 113, Aug. 20, 1990, 104 Stat. 639; Pub. L. 101508, title X, § 10001(d), Nov. 5, 1990, 104 Stat. 1388386; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
## Notes
Editorial Notes
Amendments1990—Subsec. (a). Pub. L. 101508, § 10001(d)(1)(3), inserted “and” after semicolon at end of par. (1), substituted a period for semicolon at end of par. (2), and struck out pars. (3) to (5) which read as follows: “(3) as soon as practicable after the enactment of appropriations for the Customs Service for each fiscal year, but not later than the 15th day after the beginning of such year, estimate, based on the amounts appropriated, the amount of the fee that would, if imposed on the processing of merchandise, offset the salaries and expenses subject to reimbursement from the fee that will likely be incurred by the Service in conducting commercial operations during that year; “(4) develop annually a detailed derivation of the commercial services cost base and the methodology used for computing the merchandise processing fee under paragraph (3); and “(5) report within 45 days of the beginning of any fiscal year to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate the results of each fee estimate made under paragraph (3) and each cost base and user fee methodology derivation made under paragraph (4).” Subsec. (b). Pub. L. 101508, § 10001(d)(4), substituted “Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate” for “Committees referred to in subsection (a)(5) of this section”.
Statutory Notes and Related Subsidiaries
Change of Name Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Effective Date of 1990 AmendmentAmendment by Pub. L. 101508 effective on the date of enactment of the Act providing full-year appropriations for the Customs Service for fiscal year 1992, and applicable to fiscal years beginning on and after Oct. 1, 1991, see section 10001(g)(1) of Pub. L. 101508, set out as a note under section 58c of this title.
Effective DateSection effective Oct. 1, 1990, see section 115(a) of Pub. L. 101382, set out as an Effective Date of 1990 Amendment note under section 58c of this title.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
Establishment and Implementation of Cost Accounting System; ReportsPub. L. 107210, div. A, title III, § 334, Aug. 6, 2002, 116 Stat. 977, required the Commissioner of Customs, not later than Sept. 30, 2003, to establish and implement a cost accounting system with specified requirements for expenses incurred in both commercial and noncommercial operations of the Customs Service and report to Congress on a quarterly basis between Aug. 6, 2002, and the date on which the cost accounting system was fully implemented.
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# 19 U.S.C. § 2083 - Annual national trade and customs law violation estimates and enforcement strategy
## Text
(a) Violation estimates Not later than 30 days before the beginning of each fiscal year after fiscal year 1991, the Commissioner of Customs 11 See Change of Name note below. shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate (hereafter in this section referred to as the “Committees”) a report that contains estimates of—
(1) the number and extent of violations of the trade, customs, and illegal drug control laws listed under subsection (b) that will likely occur during the fiscal year; and
(2) the relative incidence of the violations estimated under paragraph (1) among the various ports of entry and customs regions within the customs territory.
(b) Applicable statutory provisions The Commissioner of Customs,1 after consultation with the Committees—
(1) shall, within 60 days after August 20, 1990, prepare a list of those provisions of the trade, customs, and illegal drug control laws of the United States for which the United States Customs Service has enforcement responsibility and to which the reports required under subsection (a) will apply; and
(2) may from time-to-time amend the listing developed under paragraph (1).
(c) Enforcement strategy Within 90 days after submitting a report under subsection (a) for any fiscal year, the Commissioner of Customs 1 shall—
(1) develop a nationally uniform enforcement strategy for dealing during that year with the violations estimated in the report; and
(2) submit to the Committees a report setting forth the details of the strategy.
(d) Compliance program The Commissioner of Customs 1 shall—
(1) devise and implement a methodology for estimating the level of compliance with the laws administered by the Customs Service; and
(2) include as an additional part of the report required to be submitted under subsection (a) for each of fiscal years 1994, 1995, and 1996, an evaluation of the extent to which such compliance was obtained during the 12-month period preceding the 60th day before each such fiscal year.
(e) Confidentiality The contents of any report submitted to the Committees under subsection (a) or (c)(2) are confidential and disclosure of all or part of the contents is restricted to—
(1) officers and employees of the United States designated by the Commissioner of Customs; 1
(2) the chairman of each of the Committees; and
(3) those members of each of the Committees and staff persons of each of the Committees who are authorized by the chairman thereof to have access to the contents.
(Pub. L. 101382, title I, § 123, Aug. 20, 1990, 104 Stat. 642; Pub. L. 103182, title VI, § 691(c), Dec. 8, 1993, 107 Stat. 2224; Pub. L. 114125, title VIII, § 802(d)(2), Feb. 24, 2016, 130 Stat. 210.)
## Notes
Editorial Notes
Amendments1993—Subsecs. (d), (e). Pub. L. 103182 added subsec. (d) and redesignated former subsec. (d) as (e).
Statutory Notes and Related Subsidiaries
Change of Name Reference to Commissioner of Customs deemed to be reference to Commissioner of U.S. Customs and Border Protection pursuant to section 802(d)(2) of Pub. L. 114125, set out as a note under section 211 of Title 6, Domestic Security.
Transfer of Functions For transfer of functions, personnel, assets, and liabilities of the United States Customs Service of the Department of the Treasury, including functions of the Secretary of the Treasury relating thereto, to the Secretary of Homeland Security, and for treatment of related references, see sections 203(1), 551(d), 552(d), and 557 of Title 6, Domestic Security, and the Department of Homeland Security Reorganization Plan of November 25, 2002, as modified, set out as a note under section 542 of Title 6. For establishment of U.S. Customs and Border Protection in the Department of Homeland Security, treated as if included in Pub. L. 107296 as of Nov. 25, 2002, see section 211 of Title 6, as amended generally by Pub. L. 114125, and section 802(b) of Pub. L. 114125, set out as a note under section 211 of Title 6.
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# 19 U.S.C. § 2084 - Office of Trade
## Text
(a) In general There is established in U.S. Customs and Border Protection an Office of Trade.
(b) Executive Assistant Commissioner There shall be at the head of the Office of Trade an Executive Assistant Commissioner, who shall report to the Commissioner of U.S. Customs and Border Protection.
(c) Duties The Office of Trade shall—
(1) direct the development and implementation, pursuant to the customs and trade laws of the United States, of policies and regulations administered by U.S. Customs and Border Protection;
(2) advise the Commissioner of U.S. Customs and Border Protection with respect to the impact on trade facilitation and trade enforcement of any policy or regulation otherwise proposed or administered by U.S. Customs and Border Protection;
(3) coordinate with the Executive Assistant Commissioner for the Office of Field Operations with respect to the trade facilitation and trade enforcement activities of U.S. Customs and Border Protection;
(4) direct the development and implementation of matters relating to the priority trade issues identified by the Commissioner of U.S. Customs and Border Protection in the joint strategic plan for trade facilitation and trade enforcement required under section 4314 of this title;
(5) otherwise advise the Commissioner of U.S. Customs and Border Protection with respect to the development and implementation of the joint strategic plan;
(6) direct the trade enforcement activities of U.S. Customs and Border Protection;
(7) oversee the trade modernization activities of U.S. Customs and Border Protection, including the development and implementation of the Automated Commercial Environment computer system authorized under section 58c(f)(4) of this title and support for the establishment of the International Trade Data System under the oversight of the Department of the Treasury pursuant to section 1411(d) of this title;
(8) direct the administration of customs revenue functions as otherwise provided by law or delegated by the Commissioner of U.S. Customs and Border Protection; and
(9) prepare an annual report to be submitted to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than June 1, 2016, and March 1 of each calendar year thereafter that includes—
(A) a summary of the changes to customs policies and regulations adopted by U.S. Customs and Border Protection during the preceding calendar year; and
(B) a description of the public vetting and interagency consultation that occurred with respect to each such change.
(d) Transfer of assets, functions, personnel, or liabilities; elimination of offices (1) Office of International Trade (A) Transfer Not later than 30 days after February 24, 2016, the Commissioner of U.S. Customs and Border Protection shall transfer the assets, functions, personnel, and liabilities of the Office of International Trade to the Office of Trade established under subsection (b).11 So in original. Probably should be “subsection (a).”
(B) Elimination Not later than 30 days after February 24, 2016, the Office of International Trade shall be abolished.
(C) Limitation on funds No funds appropriated to U.S. Customs and Border Protection or the Department of Homeland Security may be used to transfer the assets, functions, personnel, or liabilities of the Office of International Trade to an office other than the Office of Trade established under subsection (a), unless the Commissioner of U.S. Customs and Border Protection notifies the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the specific assets, functions, personnel, or liabilities to be transferred, and the reason for the transfer, not less than 90 days prior to the transfer of such assets, functions, personnel, or liabilities.
(D) Office of International Trade defined In this paragraph, the term “Office of International Trade” means the Office of International Trade established by section 2072 of this title and as in effect on the day before February 24, 2016.
(2) Other transfers (A) In general The Commissioner of U.S. Customs and Border Protection is authorized to transfer any other assets, functions, or personnel within U.S. Customs and Border Protection to the Office of Trade established under subsection (a).
(B) Congressional notification Not less than 90 days prior to the transfer of assets, functions, personnel, or liabilities under subparagraph (A), the Commissioner of U.S. Customs and Border Protection shall notify the Committee on Homeland Security and the Committee on Ways and Means of the House of Representatives and the Committee on Homeland Security and Governmental Affairs and the Committee on Finance of the Senate of the specific assets, functions, personnel, or liabilities to be transferred, and the reason for such transfer.
(e) Definitions In this section, the terms “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of this title.
(Mar. 3, 1927, ch. 348, § 4, as added Pub. L. 114125, title VIII, § 802(h)(1), Feb. 24, 2016, 130 Stat. 213.)
## Notes
Editorial Notes
Prior ProvisionsA prior section 4 of act March 3, 1927, was classified to section 281c of Title 5 prior to the general revision and enactment of Title 5, Government Organization and Employees, by Pub. L. 89554, § 1, Sept. 6, 1966, 80 Stat. 378. Subsection (a) of section 4 was transferred to section 163 of Title 21, Food and Drugs, prior to the omission of section 163 from the Code on the authority of Reorg. Plan No. 1 of 1968, eff. Apr. 8, 1968, 33 F.R. 5611, 82 Stat. 1367, set out in the Appendix to Title 5.
Statutory Notes and Related Subsidiaries
Continuation in OfficePub. L. 114125, title VIII, § 802(h)(2), Feb. 24, 2016, 130 Stat. 215, provided that: “The individual serving as the Assistant Commissioner of the Office of International Trade on the day before the date of the enactment of this Act [Feb. 24, 2016] may serve as the Executive Assistant Commissioner of Trade on and after such date of enactment, at the discretion of the Commissioner of U.S. Customs and Border Protection.”
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# 19 U.S.C. § 2091 - List of stone carvings and wall art; promulgation and revision; criteria for classification
## Text
The Secretary, after consultation with the Secretary of State, by regulation shall promulgate, and thereafter when appropriate shall revise, a list of stone carvings and wall art which are pre-Columbian monumental or architectural sculpture or murals within the meaning of paragraph (3) of section 2095 of this title. Such stone carvings and wall art may be listed by type or other classification deemed appropriate by the Secretary.
(Pub. L. 92587, title II, § 201, Oct. 27, 1972, 86 Stat. 1297.)
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# 19 U.S.C. § 2092 - Export certification requirement
## Text
(a) Issuance by country of export No pre-Columbian monumental or architectural sculpture or mural which is exported (whether or not such exportation is to the United States) from the country of origin after the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title may be imported into the United States unless the government of the country of origin of such sculpture or mural issues a certificate, in a form acceptable to the Secretary, which certifies that such exportation was not in violation of the laws of that country.
(b) Procedure when certificate lacking If the consignee of any pre-Columbian monumental or architectural sculpture or mural is unable to present to the customs officer concerned at the time of making entry of such sculpture or mural—
(1) the certificate of the government of the country of origin required under subsection (a) of this section;
(2) satisfactory evidence that such sculpture or mural was exported from the country of origin on or before the effective date of the regulation listing such sculpture or mural pursuant to section 2091 of this title; or
(3) satisfactory evidence that such sculpture or mural is not covered by the list promulgated under section 2091 of this title;
the customs officer concerned shall take the sculpture or mural into customs custody and send it to a bonded warehouse or public store to be held at the risk and expense of the consignee until such certificate or evidence is filed with such officer. If such certificate or evidence is not presented within the 90-day period after the date on which such sculpture or mural is taken into customs custody, or such longer period as may be allowed by the Secretary for good cause shown, the importation of such sculpture or mural into the United States is in violation of this chapter.
(Pub. L. 92587, title II, § 202, Oct. 27, 1972, 86 Stat. 1297.)
## Notes
Editorial Notes
Codification References to section 202 of Pub. L. 92587 in the original were translated as section 2091 of this title in the classification of Pub. L. 92587 as the probable intent of Congress.
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# 19 U.S.C. § 2093 - Forfeiture of unlawful imports
## Text
(a) Seizure Any pre-Columbian monumental or architectural sculpture or mural imported into the United States in violation of this chapter shall be seized and subject to forfeiture under the customs laws.
(b) Disposition of articles Any pre-Columbian monumental or architectural sculpture or mural which is forfeited to the United States shall—
(1) first be offered for return to the country of origin and shall be returned if that country bears all expenses incurred incident to such return and complies with such other requirements relating to the return as the Secretary shall prescribe; or
(2) if not returned to the country of origin, be disposed of in the manner prescribed by law for articles forfeited for violation of the customs laws.
(Pub. L. 92587, title II, § 203, Oct. 27, 1972, 86 Stat. 1297.)
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# 19 U.S.C. § 2094 - Rules and regulations
## Text
The Secretary shall prescribe such rules and regulations as are necessary and appropriate to carry out the provisions of this chapter.
(Pub. L. 92587, title II, § 204, Oct. 27, 1972, 86 Stat. 1297.)
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# 19 U.S.C. § 2095 - Definitions
## Text
For the purposes of this chapter—
(1) The term “Secretary” means the Secretary of the Treasury.
(2) The term “United States” includes the several States, the District of Columbia, and the Commonwealth of Puerto Rico.
(3) The term “pre-Columbian monumental or architectural sculpture or mural” means—
(A) any stone carving or wall art which—
(i) is the product of a pre-Columbian Indian culture of Mexico, Central America, South America, or the Caribbean Islands;
(ii) was an immobile monument or architectural structure or was a part of, or affixed to, any such monument or structure; and
(iii) is subject to export control by the country of origin; or
(B) any fragment or part of any stone carving or wall art described in subparagraph (A) of this paragraph.
(4) The term “country of origin”, as applied to any pre-Columbian monumental or architectural sculpture or mural, means the country where such sculpture or mural was first discovered.
(Pub. L. 92587, title II, § 205, Oct. 27, 1972, 86 Stat. 1297.)
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# 19 U.S.C. § 2101 - Short title
## Text
This chapter may be cited as the “Trade Act of 1974”.
(Pub. L. 93618, § 1, Jan. 3, 1975, 88 Stat. 1978.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93618, which in addition to enacting this chapter enacted section 1863 of this title, amended sections 160, 162, 163, 164, 170a, 1202, 1303, 1315, 1321, 1330, 1332, 1333, 1337, 1352, 1484, 1516, 1806, 1862, 1872, 1885, and 1981 of this title, sections 5312, 5314, 5315, and 5316 of Title 5, Government Organization and Employees, section 301 of Title 13, Census, section 3302 of Title 26, Internal Revenue Code, sections 2631 and 2632 of Title 28, Judiciary and Judicial Procedure, and section 665 of former Title 31, Money and Finance, repealed sections 1802, 1803, 1804, 1805, 1822, 1831, 1832, 1833, 1841, 1842, 1843, 1844, 1845, 1846, 1861, 1871, 1873, 1882, 1883, 1884, 1886, 1901, 1902, 1911, 1912, 1913, 1914, 1915, 1917, 1931, 1941, 1942, 1943, 1944, 1951, 1952, 1961, 1962, 1963, 1971, 1972, 1973, 1974, 1975, 1976, 1977, 1978, and 1991 of this title, and enacted provisions set out as notes under this section and sections 160, 162, 1303, 1321, 1337, 1484, 1515, 1516, 1901, and 2271 of this title and section 301 of Title 13, Census.
Statutory Notes and Related Subsidiaries
References to Other Laws Deemed References to Trade Act of 1974Pub. L. 93618, title VI, § 602(f), Jan. 3, 1975, 88 Stat. 2072, as amended by Pub. L. 9639, title XI, § 1106(h)(3), July 26, 1979, 93 Stat. 313, provided that: “All provisions of law (other than this Act [this chapter], the Trade Expansion Act of 1962 [chapter 7 of this title], and the Trade Agreements Extension Act of 1951 [see Short Title of 1951 Amendment note set out under section 1654 of this title]), in effect after the date of enactment of this Act [Jan. 3, 1975], referring to section 350 of the Tariff Act of 1930 [section 1351 of this title], to that section as amended, to the Act entitled An Act to amend the Tariff Act of 1930, approved June 12, 1934 [enacting sections 1352, 1353, and 1354 and amending section 1351 of this title], to that Act as amended or to the Trade Expansion Act of 1962, or to agreements entered into, or proclamations issued, or actions taken under any of such provisions, shall be construed, unless clearly precluded by the context, to refer also to this Act, or to agreements entered into or proclamations or orders issued pursuant to this Act.”
Short Title of 2022 AmendmentPub. L. 117110, § 1, Apr. 8, 2022, 136 Stat. 1159, provided that: “This Act [enacting provisions set out as a note under section 2434 of this title and amending provisions formerly set out as a note under section 2656 of Title 22, Foreign Relations and Intercourse] may be cited as the Suspending Normal Trade Relations with Russia and Belarus Act.”
Short Title of 2015 AmendmentPub. L. 11427, § 1(a), June 29, 2015, 129 Stat. 362, provided that: “This Act [see Tables for classification] may be cited as the Trade Preferences Extension Act of 2015.” Pub. L. 11427, title IV, § 401, June 29, 2015, 129 Stat. 373, provided that: “This title [see Tables for classification] may be cited as the Trade Adjustment Assistance Reauthorization Act of 2015.”
Short Title of 2012 AmendmentPub. L. 112208, § 1(a), Dec. 14, 2012, 126 Stat. 1496, provided that: “This Act [amending section 2241 of this title and enacting provisions set out as notes under section 2434 of this title and section 5811 of Title 22, Foreign Relations and Intercourse] may be cited as the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act of 2012.”
Short Title of 2011 AmendmentPub. L. 11240, title II, § 200(a), Oct. 21, 2011, 125 Stat. 402, provided that: “This title [see Tables for classification] may be cited as the Trade Adjustment Assistance Extension Act of 2011.”
Short Title of 2010 AmendmentPub. L. 111344, § 1(a), Dec. 29, 2010, 124 Stat. 3611, provided that: “This Act [amending sections 58c, 2296, 2317, 2318, 2345, 2371d to 2371f, 2372, 2373, 2373a, 2401g, 3202, 3203, and 3206 of this title, sections 35, 4980B, 7527, and 9801 of Title 26, Internal Revenue Code, sections 1162, 1181, and 2918 of Title 29, Labor, and sections 300bb2 and 300gg of Title 42, The Public Health and Welfare, enacting provisions set out as a note preceding section 2271 of this title and notes under sections 35, 4980B, 6655, 7527, and 9801 of Title 26, and amending provisions set out as notes preceding section 2271 of this title] may be cited as the Omnibus Trade Act of 2010.”
Short Title of 2009 AmendmentPub. L. 1115, div. B, title I, § 1800, Feb. 17, 2009, 123 Stat. 367, provided that: “This subtitle [subtitle I (§§ 18001899L) of title I of div. B of Pub. L. 1115, enacting part 4 (§ 2371 et seq.) of subchapter II of this chapter and sections 2295a, 2322, 2323, 2344, 2345, 2356, and 2397a of this title, amending sections 2271 to 2275, 2291 to 2295, 2296 to 2298, 2311, 2315 to 2321, 2341, 2343, 2348 to 2352, 2354, 2355, 2393, 2395, 2401 to 2401b, and 2401e to 2401g of this title, sections 35, 4980B, 7527, and 9801 of Title 26, Internal Revenue Code, section 1581 of Title 28, Judiciary and Judicial Procedure, sections 1162, 1181, 2918, and 2919 of Title 29, Labor, and sections 300bb2 and 300gg of Title 42, The Public Health and Welfare, repealing former sections 2344 to 2347 of this title, enacting provisions set out as notes preceding section 2271 and under sections 2271, 2295a, 2296, 2323, 2344, 2371, and 2393 of this title and sections 1, 35, 4980B, 7527, and 9801 of Title 26, and amending provisions set out as a note preceding section 2271 of this title] may be cited as the Trade and Globalization Adjustment Assistance Act of 2009.”
Short Title of 2002 AmendmentPub. L. 107210, div. A, § 101, Aug. 6, 2002, 116 Stat. 935, provided that: “This division [enacting part 6 of subchapter II of this chapter, sections 1431a, 1583, and 2318 of this title, sections 35, 6050T, and 7527 of Title 26, Internal Revenue Code, and section 300gg45 of Title 42, The Public Health and Welfare, amending sections 58c, 482, 1318, 1330, 1411, 1505, 1509, 2075, 2171, 2271 to 2273, 2275, 2291, 2293, 2295 to 2298, 2317, 2346, and 2395 of this title, sections 4980B, 6103, 6724, and 7213A of Title 26, sections 1165, 2862, 2918, and 2919 of Title 29, Labor, section 1324 of Title 31, Money and Finance, and section 300bb5 of Title 42, renumbering section 35 of Title 26 as section 36 of Title 26, repealing sections 2318, 2322, and 2331 of this title, enacting provisions set out as notes preceding section 2271 and under sections 58c, 482, 1583, 1625, 1654, 2071, 2075, 2082, 2251, 2271, 2331, and 2401 of this title, sections 35 and 6050T of Title 26, and section 2918 of Title 29, and amending provisions set out as a note preceding section 2271 of this title] may be cited as the Trade Adjustment Assistance Reform Act of 2002.”
Short Title of 1996 AmendmentPub. L. 104188, title I, § 1951, Aug. 20, 1996, 110 Stat. 1917, provided that: “This subtitle [subtitle J (§§ 19511954) of title I of Pub. L. 104188, enacting sections 2461 to 2467 of this title, amending sections 2702, 3011, 3202, 3331, and 3551 of this title, section 14442 of Title 7, Agriculture, section 4711 of Title 15, Commerce and Trade, sections 262p4p and 2191a of Title 22, Foreign Relations and Intercourse, and section 871 of Title 26, Internal Revenue Code, and enacting provisions set out as a note under section 2461 of this title] may be cited as the GSP Renewal Act of 1996.”
Short Title of 1993 AmendmentPub. L. 103182, title V, § 501, Dec. 8, 1993, 107 Stat. 2149, which provided that subtitle A of title V of Pub. L. 103282 could be cited as the “NAFTA Worker Security Act”, was repealed by Pub. L. 116113, title VI, § 601, Jan. 29, 2020, 134 Stat. 78, effective on the date the USMCA entered into force (July 1, 2020).
Short Title of 1990 AmendmentPub. L. 101382, § 1(a), Aug. 20, 1990, 104 Stat. 629, provided that: “This Act [see Tables for classification] may be cited as the Customs and Trade Act of 1990.”
Short Title of 1989 AmendmentPub. L. 101221, § 1, Dec. 12, 1989, 103 Stat. 1886, provided that: “This Act [amending section 4611 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 2253 and 2703 of this title and section 4611 of Title 26, and amending provisions set out as notes under sections 2253 and 2703 of this title] may be cited as the Steel Trade Liberalization Program Implementation Act.”
Short Title of 1986 AmendmentPub. L. 99272, title XIII, § 13001, Apr. 7, 1986, 100 Stat. 300, provided that: “This part [part 1 (§§ 1300113009) of subtitle A, amending sections 2271, 2272, 2291 to 2293, 2296, 2297, 2311, 2317, 2319, 2341 to 2344, and 2346 of this title, enacting provisions set out as a note under section 2291 of this title, and amending provisions set out as a note preceding section 2271 of this title] may be cited as the Trade Adjustment Assistance Reform and Extension Act of 1986.”
Short Title of 1984 AmendmentPub. L. 98573, title III, § 301(a), Oct. 30, 1984, 98 Stat. 3000, provided that: “This title [enacting sections 2114a to 2114e, 2138, and 2241 of this title, amending sections 2112, 2114, 2155, 2171, and 2411 to 2415 of this title and sections 3101 to 3104 of Title 22, Foreign Relations and Intercourse, and enacting provisions set out as notes under section 2102 of this title and section 3101 of Title 22] may be cited as the International Trade and Investment Act.” Pub. L. 98573, title V, § 501(a), Oct. 30, 1984, 98 Stat. 3018, provided that: “This title [enacting section 2466 of this title, amending sections 2461 to 2465 of this title, and enacting provisions set out as notes under section 2461 of this title] may be cited as the Generalized System of Preferences Renewal Act of 1984.”
SeparabilityPub. L. 93618, title VI, § 605, Jan. 3, 1975, 88 Stat. 2073, provided that: “If any provision of this Act [see References in Text note above], or the application of any provision to any circumstances or persons shall be held invalid, the validity of the remainder of this Act, and of the application of such provision to other circumstances or persons, shall not be affected thereby.”
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# 19 U.S.C. § 2102 - Congressional statement of purpose
## Text
The purposes of this chapter are, through trade agreements affording mutual benefits—
(1) to foster the economic growth of and full employment in the United States and to strengthen economic relations between the United States and foreign countries through open and nondiscriminatory world trade;
(2) to harmonize, reduce, and eliminate barriers to trade on a basis which assures substantially equivalent competitive opportunities for the commerce of the United States;
(3) to establish fairness and equity in international trading relations, including reform of the General Agreement on Tariffs and Trade;
(4) to provide adequate procedures to safeguard American industry and labor against unfair or injurious import competition, and to assist industries, firm,11 So in original. workers, and communities to adjust to changes in international trade flows;
(5) to open up market opportunities for United States commerce in nonmarket economies; and
(6) to provide fair and reasonable access to products of less developed countries in the United States market.
(Pub. L. 93618, § 2, Jan. 3, 1975, 88 Stat. 1981.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in text, was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Statutory Notes and Related Subsidiaries
Statement of Purposes of 1984 AmendmentPub. L. 98573, title III, § 302, Oct. 30, 1984, 98 Stat. 3000, provided that: “The purposes of this title [see Short Title of 1984 Amendment note set out under section 2101 of this title] are— “(1) to foster the economic growth of, and full employment in, the United States by expanding competitive United States exports through the achievement of commercial opportunities in foreign markets substantially equivalent to those accorded by the United States; “(2) to improve the ability of the President—“(A) to identify and to analyze barriers to (and restrictions on) United States trade and investment, and “(B) to achieve the elimination of such barriers and restrictions; “(3) to encourage the expansion of—“(A) international trade in services through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate barriers to international trade in services, and “(B) United States service industries in foreign commerce; and “(4) to enhance the free flow of foreign direct investment through the negotiation of agreements (both bilateral and multilateral) which reduce or eliminate the trade distortive effects of certain investment-related measures.”
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# 19 U.S.C. § 2113 - Overall negotiating objective
## Text
The overall United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain more open and equitable market access and the harmonization, reduction, or elimination of devices which distort trade or commerce. To the maximum extent feasible, the harmonization, reduction, or elimination of agricultural trade barriers and distortions shall be undertaken in conjunction with the harmonization, reduction, or elimination of industrial trade barriers and distortions.
(Pub. L. 93618, title I, § 103, Jan. 3, 1975, 88 Stat. 1984.)
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# 19 U.S.C. § 2114 - Sector negotiating objective
## Text
(a) Obtaining equivalent competitive opportunities A principal United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain, to the maximum extent feasible, with respect to appropriate product sectors of manufacturing, and with respect to the agricultural sector, competitive opportunities for United States exports to the developed countries of the world equivalent to the competitive opportunities afforded in United States markets to the importation of like or similar products, taking into account all barriers (including tariffs) to and other distortions of international trade affecting that sector.
(b) Conduct of negotiations on basis of appropriate product sectors of manufacturing As a means of achieving the negotiating objective set forth in subsection (a), to the extent consistent with the objective of maximizing overall economic benefit to the United States (through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, through the development of fair and equitable market opportunities, and through open and nondiscriminatory world trade), negotiations shall, to the extent feasible be conducted on the basis of appropriate product sectors of manufacturing.
(c) Identification of appropriate product sectors of manufacturing For the purposes of this section and section 2155 of this title, the United States Trade Representative together with the Secretary of Commerce, Agriculture, or Labor, as appropriate, shall, after consultation with the Advisory Committee for Trade Negotiations established under section 2155 of this title and after consultation with interested private or non-Federal governmental organizations, identify appropriate product sectors of manufacturing.
(d) Presidential analysis of how negotiating objectives are achieved in each product sector by trade agreements If the President determines that competitive opportunities in one or more product sectors will be significantly affected by a trade agreement concluded under section 2111 or 2112 of this title, he shall submit to the Congress with each such agreement an analysis of the extent to which the negotiating objective set forth in subsection (a) is achieved by such agreement in each product sector or product sectors.
(Pub. L. 93618, title I, § 104, Jan. 3, 1975, 88 Stat. 1984; 1979 Reorg. Plan No. 3, § 1(b)(1), eff. Jan. 2, 1980, 44 F.R. 69273, 93 Stat. 1381; Pub. L. 98573, title III, § 306(c)(2)(C)(i), Oct. 30, 1984, 98 Stat. 3012.)
## Notes
Editorial Notes
Amendments1984—Subsec. (c). Pub. L. 98573 inserted “or non-Federal governmental” after “private”.
Executive Documents
Change of Name “United States Trade Representative” substituted for “Special Representative for Trade Negotiations” in subsec. (c), pursuant to Reorg. Plan No. 3 of 1979, § 1(b)(1), 44 F.R. 69273, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section 1107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out as notes under section 2171 of this title. See, also, section 2171 of this title as amended by Pub. L. 97456.
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# 19 U.S.C. § 2114a - Negotiating objectives with respect to trade in services, foreign direct investment, and high technology products
## Text
(a) Trade in services (1) In general Principal United States negotiating objectives under section 2112 of this title shall be—
(A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and
(B) to develop internationally agreed rules, including dispute settlement procedures, which—
(i) are consistent with the commercial policies of the United States, and
(ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services.
(2) Domestic objectives In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
(b) Foreign direct investment (1) In general Principal United States negotiating objectives under section 2112 of this title shall be—
(A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and
(B) to develop internationally agreed rules, including dispute settlement procedures, which—
(i) will help ensure a free flow of foreign direct investment, and
(ii) will reduce or eliminate the trade distortive effects of certain investment related measures.
(2) Domestic objectives In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
(c) High technology products Principal United States negotiating objectives shall be—
(1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services;
(2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 2241 of this title, with particular consideration given to the nature and extent of foreign government intervention affecting United States exports of high technology products or investments in high technology industries, including—
(A) foreign industrial policies which distort international trade or investment;
(B) measures which deny national treatment or otherwise discriminate in favor of domestic high technology industries;
(C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights);
(D) measures which impair access to domestic markets for key commodity products; and
(E) measures which facilitate or encourage anticompetitive market practices or structures;
(3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services;
(4) to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services;
(5) to obtain commitments to foster national treatment;
(6) to obtain commitments to—
(A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and
(B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and
(7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data.
(d) Definition of barriers and other distortions For purposes of subsection (a), the term “barriers to, or other distortions of, international trade in services” includes, but is not limited to—
(1) barriers to establishment in foreign markets, and
(2) restrictions on the operation of enterprises in foreign markets, including—
(A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and
(B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.
(Pub. L. 93618, title I, § 104A, as added Pub. L. 98573, title III, § 305(a)(1), Oct. 30, 1984, 98 Stat. 3006.)
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# 19 U.S.C. § 2114b - Provisions relating to international trade in services
## Text
(1) The Secretary of Commerce shall establish a service industries development program designed to—
(A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce;
(B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but not limited to, data on trade, both aggregate and pertaining to individual service industries;
(C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to—
(i) policies of foreign governments toward foreign and United States service industries;
(ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade;
(iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector;
(iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports;
(v) treatment of services under international agreements of the United States;
(vi) antitrust policies as such policies affect the competitiveness of United States firms; and
(vii) treatment of services in international agreements of the United States;
(D) conduct a program of research and analysis of service-related issues and problems, including forecasts and industrial strategies; and
(E) conduct sectoral studies of domestic service industries.
(2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services.
(3) On not less than a biennial basis beginning in 1986, the Secretary shall prepare a report which analyzes the information collected under paragraph (1). Such report shall be submitted to the Congress and to the President by not later than the date that is 120 days after the close of the period covered by the report.
(4) The Secretary of Commerce shall carry out the provisions of this subsection from funds otherwise made available to him which may be used for such purposes.
(5) For purposes of this section, the term “services” means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism.
(Pub. L. 98573, title III, § 306(a), Oct. 30, 1984, 98 Stat. 3008; Pub. L. 105277, div. A, § 101(h) [title VI, § 633(c)], Oct. 21, 1998, 112 Stat. 2681480, 2681524.)
## Notes
Editorial Notes
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 306 of Pub. L. 98573. Subsec. (b) of such section amended sections 3101, 3103, and 3104 and a provision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; subsec. (c)(1), (2)(A) of such section is classified to section 2114c of this title; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title.
Amendments1998—Par. (5). Pub. L. 105277, which directed the amendment of par. (5) by inserting “postal and delivery services,” after “transportation.” in second sentence, was executed by making the insertion after “transportation,” to reflect the probable intent of Congress.
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# 19 U.S.C. § 2114c - Trade in services: development, coordination, and implementation of Federal policies; staff support and other assistance; specific service sector authorities unaffected; executive functions
## Text
(1) (A) The United States Trade Representative, through the interagency trade organization established pursuant to section 1872(a) of this title or any subcommittee thereof, shall, in conformance with this Act and other provisions of law, develop (and coordinate the implementation of) United States policies concerning trade in services.
(B) In order to encourage effective development, coordination, and implementation of United States policies on trade in services—
(i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the departments or agencys attention with respect to—
(I) the treatment afforded United States service sector interest in foreign markets; or
(II) allegations of unfair practices by foreign governments or companies in a service sector; and
(ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives 11 So in original. Probably should be “Representative”. and the domestic implementation of service-related agreements.
(C) Nothing in this paragraph shall be construed to alter any existing authority or responsibility with respect to any specific service sector.
(2) (A) 22 See Codification note below. The President shall, as he deems appropriate—
(i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non-Federal governments, or their procurement of goods and services;
(ii) establish one or more intergovernmental policy advisory committees on trade which shall serve as a principal forum in which State and local governments may consult with the Federal Government with respect to the matters described in clause (i); and
(iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in services.
(Pub. L. 98573, title III, § 306(c)(1), (2)(A), Oct. 30, 1984, 98 Stat. 3010, 3011.)
## Notes
Editorial Notes
References in TextThis Act, referred to in par. (1)(A), is Pub. L. 98573, Oct. 30, 1984, 98 Stat. 2984, known as the Trade and Tariff Act of 1984. For classification of this Act to the Code, see Short Title of 1984 Amendment note set out under section 1654 of this title and Tables.
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (c)(1), (2)(A) of section 306 of Pub. L. 98573. Subsec. (a) of such section is classified to section 2114(b) of this title; subsec. (b) of such section amended sections 3101, 3103, and 3104 and a provision set out as a note under section 3101 of Title 22, Foreign Relations and Intercourse; and subsec. (c)(2)(B), (C) of such section amended sections 2114, 2155, 2413, and 2414 of this title.
Statutory Notes and Related Subsidiaries
Definitions For definition of “services” as used in this section, see par. (5) of section 2114b of this title.
@@ -0,0 +1,57 @@
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# 19 U.S.C. § 2114d - Foreign export requirements; consultations and negotiations for reduction and elimination; restrictions on and exclusion from entry of products or services; savings provision; compensation authority applicable
## Text
(1) If the United States Trade Representative, with the advice of the committee established by section 1872 of this title, determines that action by the United States is appropriate to respond to any export performance requirements of any foreign country or instrumentality that adversely affect the economic interests of the United States, then the United States Trade Representative shall seek to obtain the reduction and elimination of such export performance requirements through consultations and negotiations with the foreign country or instrumentality concerned.
(2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements.
(3) Nothing in paragraph (2) shall apply to any products or services with respect to which—
(A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before October 30, 1984, or
(B) any written commitment relating to a foreign direct investment that is binding on October 30, 1984, has been made directly or indirectly by any United States person.
(4) Whenever the international obligations of the United States and actions taken under paragraph (2) make compensation necessary or appropriate, compensation may be provided by the United States Trade Representative subject to the limitations and conditions contained in section 2133 of this title for providing compensation for actions taken under section 2253 of this title.
(Pub. L. 98573, title III, § 307(b), Oct. 30, 1984, 98 Stat. 3012; Pub. L. 99514, title XVIII, § 1889(5), Oct. 22, 1986, 100 Stat. 2926.)
## Notes
Statutory Notes and Related Subsidiaries
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (b) of section 307 of Pub. L. 98573. Subsec. (a) of such section amended section 2112(g)(3) of this title.
Amendments1986—Par. (3). Pub. L. 99514 struck out “or paragraph (3)” after “paragraph (2)”.
Statutory Notes and Related Subsidiaries
Plan Amendments Not Required Until January 1, 1989For provisions directing that if any amendments made by subtitle A or subtitle C of title XI [§§ 11011147 and 11711177] or title XVIII [§§ 18011899A] of Pub. L. 99514 require an amendment to any plan, such plan amendment shall not be required to be made before the first plan year beginning on or after Jan. 1, 1989, see section 1140 of Pub. L. 99514, as amended, set out as a note under section 401 of Title 26, Internal Revenue Code.
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# 19 U.S.C. § 2114e - Negotiation of agreements concerning high technology industries
## Text
The President may enter into such bilateral or multilateral agreements as may be necessary or appropriate to achieve the objectives of this section and the negotiating objectives under section 2114a(c) of this title.
(Pub. L. 98573, title III, § 308(a), Oct. 30, 1984, 98 Stat. 3013.)
## Notes
Editorial Notes
References in TextThis section, referred to in text, means section 308 of Pub. L. 98573. See Codification note below.
Codification Section was enacted as part of the International Trade and Investment Act, and also as part of the Trade and Tariff Act of 1984, and not as part of the Trade Act of 1974 which comprises this chapter. Section is comprised of subsec. (a) of section 308 of Pub. L. 98573. Subsec. (b) of such section 308 enacted section 2138 of this title.
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# 19 U.S.C. § 2115 - Bilateral trade agreements
## Text
If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in, the United States, then, in such cases, a negotiating objective under sections 2111 and 2112 of this title shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits.
(Pub. L. 93618, title I, § 105, Jan. 3, 1975, 88 Stat. 1984.)
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# 19 U.S.C. § 2116 - Agreements with developing countries
## Text
A United States negotiating objective under sections 2111 and 2112 of this title shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities.
(Pub. L. 93618, title I, § 106, Jan. 3, 1975, 88 Stat. 1985.)
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# 19 U.S.C. § 2117 - International safeguard procedures
## Text
(a) Harmonization, reduction, or elimination of barriers and distortions affecting international trade; use of temporary measures A principal United States negotiating objective under section 2112 of this title shall be to obtain internationally agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease adjustment to changes occurring in competitive conditions in the domestic markets of the parties to an agreement resulting from such negotiations due to the expansion of international trade.
(b) Permissible provisions Any agreement entered into under section 2112 of this title may include provisions establishing procedures for—
(1) notification of affected exporting countries,
(2) international consultations,
(3) international review of changes in trade flows,
(4) making adjustments in trade flows as the result of such changes, and
(5) international mediation.
Such agreements may also include provisions which—
(A) exclude, under specified conditions, the parties thereto from compensation obligations and retaliation, and
(B) permit domestic public procedures through which interested parties have the right to participate.
(Pub. L. 93618, title I, § 107, Jan. 3, 1975, 88 Stat. 1985.)
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# 19 U.S.C. § 2118 - Access to supplies
## Text
(a) Fair and equitable access A principal United States negotiating objective under section 2112 of this title shall be to enter into trade agreements with foreign countries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements.
(b) Continued availability; reciprocal concessions; comparable trade obligations Any agreement entered into under section 2112 of this title may include provisions which—
(1) assure to the United States the continued availability of important articles at reasonable prices, and
(2) provide reciprocal concessions or comparable trade obligations, or both, by the United States.
(Pub. L. 93618, title I, § 108, Jan. 3, 1975, 88 Stat. 1985.)
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# 19 U.S.C. § 2119 - Staging requirements and rounding authority
## Text
(a) Maximum aggregate reductions in rates of duty Except as otherwise provided in this section, the aggregate reduction in the rate of duty on any article which is in effect on any day pursuant to a trade agreement under section 2111 of this title shall not exceed the aggregate reduction which would have been in effect on such day if—
(1) a reduction of 3 percent ad valorem or a reduction of one-tenth of the total reduction, whichever is greater, had taken effect on the effective date of the first reduction proclaimed pursuant to section 2111(a)(2) of this title to carry out such agreement with respect to such article, and
(2) a reduction equal to the amount applicable under paragraph (1) had taken effect at 1-year intervals after the effective date of such first reduction.
This subsection shall not apply in any case where the total reduction in the rate of duty does not exceed 10 percent of the rate before the reduction.
(b) Simplification of computation If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitation provided by section 2111(b) of this title or subsection (a) of this section by not more than whichever of the following is lesser:
(1) the difference between the limitation and the next lower whole number, or
(2) one-half of 1 percent ad valorem.
(c) Ten-year period for commencement of reductions in rates of duty (1) No reduction in the rate of duty on any article pursuant to a trade agreement under section 2111 of this title shall take effect more than 10 years after the effective date of the first reduction proclaimed to carry out such trade agreement with respect to such article.
(2) If any part of a reduction takes effect, then any time thereafter during which any part of the reduction is not in effect by reason of legislation of the United States or action thereunder, the effect of which is to maintain or increase the rate of duty on an article, shall be excluded in determining—
(A) the 1-year intervals referred to in subsection (a)(2), and
(B) the expiration of the 10-year period referred to in paragraph (1) of this subsection.
(Pub. L. 93618, title I, § 109, Jan. 3, 1975, 88 Stat. 1985; Pub. L. 9639, title XI, § 1106(c)(3), July 26, 1979, 93 Stat. 312.)
## Notes
Editorial Notes
Amendments1979—Subsec. (c)(2). Pub. L. 9639 substituted “any part of the reduction” for “such part of the reduction”.
Statutory Notes and Related Subsidiaries
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see section 1114 of Pub. L. 9639, set out as an Effective Date note under section 2581 of this title.
Staging of Certain Tariff ReductionsPub. L. 9639, title V, § 503, July 26, 1979, 93 Stat. 251, provided that: “(a) In General.—The aggregate reduction in the rate of duty applicable to items described in this subsection in effect on any day pursuant to a trade agreement entered into under section 101 of the Trade Act of 1974 [19 U.S.C. 2111] before January 3, 1980, may exceed the limitation in section 109(a) of such Act (19 U.S.C. 2119):“(1) Items amended under section 223(d) of this Act [items 402.00 to 413.51 of the Tariff Schedules] to the extent that they apply to articles which the President determines were not imported into the United States before January 1, 1978, and were not produced in the United States before May 1, 1978. “(2)(A) Items to the extent that they apply to articles which the President determines are not import sensitive and are the product of a least developed developing country as defined in the United Nations General Assembly list of “Least Developed Countries” and which are beneficiary developing countries under section 502 of the Trade Act of 1974 [19 U.S.C. 2462]. “(B) The President may at any time suspend the treatment accorded under subparagraph (A) in which case the aggregate reduction in effect for such products shall be the reduction in effect for countries other than least developed developing countries. “(3) Item 628.57. Notwithstanding the first sentence of this subsection, the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the extent necessary to permit an aggregate reduction of 4.8 percent ad valorem in the rate of duty in effect under such item during the first 1-year period after the effective date of the first reduction in the rate of duty proclaimed for such item. “(4) Items 132.50, 170.10, 170.15, 170.20, 177.62, 186.15, and 429.47. “(5) Items 306.31, 306.32, 306.33, and 306.34. Notwithstanding subsection (a), the limitation in section 109(a) of the Trade Act of 1974 may be exceeded only to the extent necessary to permit the total reduction proclaimed under section 101 of the Trade Act of 1974 relating to such item to take effect within 2 years after the effective date of the first reduction in the rate of duty proclaimed for such item. “(6) Items for which the President determines the effective date of the first reduction will be after June 30, 1980, and before January 1, 1981, to the extent necessary to permit the second reduction to take effect on January 1, 1981. “(b) Opportunity for Comment.—Before making any determination under subsection (a)(1) and (2), the President shall provide interested parties an opportunity to comment and shall publish his final determinations in the Federal Register before July 1, 1980.”
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# 19 U.S.C. § 2131 - Authorization of appropriation for GATT revision
## Text
There are authorized to be appropriated annually such sums as may be necessary for the payment by the United States of its share of the expenses of the Contracting Parties to the General Agreement on Tariffs and Trade. This authorization does not imply approval or disapproval by the Congress of all articles of the General Agreement on Tariffs and Trade.
(Pub. L. 93618, title I, § 121, Jan. 3, 1975, 88 Stat. 1986; Pub. L. 9639, title XI, § 1106(c)(2), July 26, 1979, 93 Stat. 311; Pub. L. 100418, title I, § 1107(b)(2), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 100647, title IX, § 9001(a)(1), Nov. 10, 1988, 102 Stat. 3806.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100647 substituted “There are” for “(d) There are”. Subsecs. (a) to (c). Pub. L. 100418 struck out subsec. (a) which provided for bringing existing trade agreements into conformity with principles promoting open, nondiscriminatory, and fair world economic system, subsec. (b) which provided for agreements with foreign countries or instrumentalities, and subsec. (c) which provided for changes in Federal law through legislation implementing trade agreements. 1979—Subsec. (c). Pub. L. 9639 substituted “Such trade agreement may be entered into under section 2112 of this title” for “Such trade agreement may be submitted to the Congress for approval in accordance with the procedures of section 2191 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100647, set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see section 1114 of Pub. L. 9639, set out as an Effective Date note under section 2581 of this title.
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# 19 U.S.C. § 2132 - Balance-of-payments authority
## Text
(a) Presidential proclamations of temporary import surcharges and temporary limitations on imports through quotas in situations of fundamental international payments problems Whenever fundamental international payments problems require special import measures to restrict imports—
(1) to deal with large and serious United States balance-of-payments deficits.
(2) to prevent an imminent and significant depreciation of the dollar in foreign exchange markets, or
(3) to cooperate with other countries in correcting an international balance-of-payments disequilibrium,
the President shall proclaim, for a period not exceeding 150 days (unless such period is extended by Act of Congress)—
(A) a temporary import surcharge, not to exceed 15 percent ad valorem, in the form of duties (in addition to those already imposed, if any) on articles imported into the United States;
(B) temporary limitations through the use of quotas on the importation of articles into the United States; or
(C) both a temporary import surcharge described in subparagraph (A) and temporary limitations described in subparagraph (B).
The authority delegated under subparagraph (B) (and so much of subparagraph (C) as relates to subparagraph (B)) may be exercised (i) only if international trade or monetary agreements to which the United States is a party permit the imposition of quotas as a balance-of-payments measure, and (ii) only to the extent that the fundamental imbalance cannot be dealt with effectively by a surcharge proclaimed pursuant to subparagraph (A) or (C). Any temporary import surcharge proclaimed pursuant to subparagraph (A) or (C) shall be treated as a regular customs duty.
(b) Import restrictions not imposed when contrary to national interest of United States If the President determines that the imposition of import restrictions under subsection (a) will be contrary to the national interest of the United States, then he may refrain from proclaiming such restrictions and he shall—
(1) immediately inform Congress of his determination, and
(2) immediately convene the group of congressional official advisers designated under section 2211(a) of this title and consult with them as to the reasons for such determination.
(c) Presidential proclamations liberalizing imports Whenever the President determines that fundamental international payments problems require special import measures to increase imports—
(1) to deal with large and persistent United States balance-of-trade surpluses, as determined on the basis of the cost-insurance-freight value of imports, as reported by the Bureau of the Census, or
(2) to prevent significant appreciation of the dollar in foreign exchange markets,
the President is authorized to proclaim, for a period of 150 days (unless such period is extended by Act of Congress)—
(A) a temporary reduction (of not more than 5 percent ad valorem) in the rate of duty on any article; and
(B) a temporary increase in the value or quantity of articles which may be imported under any import restriction, or a temporary suspension of any import restriction.
Import liberalizing actions proclaimed pursuant to this subsection shall be of broad and uniform application with respect to product coverage except that the President shall not proclaim measures under this subsection with respect to those articles where in his judgment such action will cause or contribute to material injury to firms or workers in any domestic industry, including agriculture, mining, fishing, or commerce, or to impairment of the national security, or will otherwise be contrary to the national interest.
(d) Nondiscriminatory treatment of import restricting actions (1) Import restricting actions proclaimed pursuant to subsection (a) shall be applied consistently with the principle of nondiscriminatory treatment. In addition, any quota proclaimed pursuant to subparagraph (B) of subsection (a) shall be applied on a basis which aims at a distribution of trade with the United States approaching as closely as possible that which various foreign countries might have expected to obtain in the absence of such restrictions.
(2) Notwithstanding paragraph (1), if the President determines that the purposes of this section will best be served by action against one or more countries having large or persistent balance-of-payments surpluses, he may exempt all other countries from such action.
(3) After such time when there enters into force for the United States new rules regarding the application of surcharges as part of a reform of internationally agreed balance-of-payments adjustment procedures, the exemption authority contained in paragraph (2) shall be applied consistently with such new international rules.
(4) It is the sense of Congress that the President seek modifications in international agreements aimed at allowing the use of surcharges in place of quantitative restrictions (and providing rules to govern the use of such surcharges) as a balance-of-payments adjustment measure within the context of arrangements for an equitable sharing of balance-of-payments adjustment responsibility among deficit and surplus countries.
(e) Broad and uniform application of import restricting actions Import restricting actions proclaimed pursuant to subsection (a) shall be of broad and uniform application with respect to product coverage except where the President determines, consistently with the purposes of this section, that certain articles should not be subject to import restricting actions because of the needs of the United States economy. Such exceptions shall be limited to the unavailability of domestic supply at reasonable prices, the necessary importation of raw materials, avoiding serious dislocations in the supply of imported goods, and other similar factors. In addition, uniform exceptions may be made where import restricting actions will be unnecessary or ineffective in carrying out the purposes of this section, such as with respect to articles already subject to import restrictions, goods in transit, or goods under binding contract. Neither the authorization of import restricting actions nor the determination of exceptions with respect to product coverage shall be made for the purpose of protecting individual domestic industries from import competition.
(f) Quantitative limitations Any quantitative limitation proclaimed pursuant to subparagraph (B) or (C) of subsection (a) on the quantity or value, or both, of an article—
(1) shall permit the importation of a quantity or value which is not less than the quantity or value of such article imported into the United States from the foreign countries to which such limitation applies during the most recent period which the President determines is representative of imports of such article, and
(2) shall take into account any increase since the end of such representative period in domestic consumption of such article and like or similar articles of domestic manufacture or production.
(g) Suspension, modification, or termination of proclamations The President may at any time, consistent with the provisions of this section, suspend, modify, or terminate, in whole or in part, any proclamation under this section either during the initial 150-day period of effectiveness or as extended by subsequent Act of Congress.
(h) Termination of tariff concessions No provision of law authorizing the termination of tariff concessions shall be used to impose a surcharge on imports into the United States.
(Pub. L. 93618, title I, § 122, Jan. 3, 1975, 88 Stat. 1987.)
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# 19 U.S.C. § 2133 - Compensation authority
## Text
(a) New concessions Whenever—
(1) any action taken under part 1 of subchapter II or subchapter III, or under part 2 of subchapter IV of this chapter; or
(2) any judicial or administrative tariff reclassification that becomes final after August 23, 1988;
increases or imposes any duty or other import restriction, the President—
(A) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and
(B) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.
(b) Reductions in rates of duty (1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 70 percent of the existing rate of duty.
(2) Where the rate of duty in effect at any time is an intermediate stage under section 2902(a) of this title, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under such section 2902(a) of this title by not more than 30 percent of such rate of duty, and may provide for a final rate of duty which is not less than 70 percent of the rate of duty proclaimed as the final stage under such section 2902(a) of this title.
(3) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—
(A) the difference between such limitation and the next lower whole number, or
(B) one-half of 1 percent ad valorem.
(4) Any concessions granted under subsection (a)(1) shall be reduced and terminated according to substantially the same time schedule for reduction applicable to the relevant action under sections 2253(e) and 2254 of this title.
(c) Consideration of past violations of trade concessions Before entering into any trade agreement under this section with any foreign country or instrumentality, the President shall consider whether such country or instrumentality has violated trade concessions of benefit to the United States and such violation has not been adequately offset by the action of the United States or by such country or instrumentality.
(d) Basic authority for trade agreements as authority for granting new concessions as compensation Notwithstanding the provisions of subsection (a), the authority delegated under section 2902 of this title shall be used for the purpose of granting new concessions as compensation within the meaning of this section until such authority terminates.
(e) International obligations determination prerequisite to application of authority The provisions of this section shall apply by reason of action taken under subchapter III only if the President determines that action authorized under this section is necessary or appropriate to meet the international obligations of the United States.
(Pub. L. 93618, title I, § 123, Jan. 3, 1975, 88 Stat. 1989; Pub. L. 100418, title I, §§ 1104, 1401(b)(1)(A), Aug. 23, 1988, 102 Stat. 1132, 1239; Pub. L. 106286, div. A, title I, § 104, Oct. 10, 2000, 114 Stat. 891.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a)(1). Pub. L. 106286 inserted “, or under part 2 of subchapter IV of this chapter” after “subchapter III of this chapter”. 1988—Subsec. (a). Pub. L. 100418, § 1104(1), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “Whenever any action has been taken under section 2253 of this title to increase or impose any duty or other import restriction, the President— “(1) may enter into trade agreements with foreign countries or instrumentalities for the purpose of granting new concessions as compensation in order to maintain the general level of reciprocal and mutually advantageous concessions; and “(2) may proclaim such modification or continuance of any existing duty, or such continuance of existing duty-free or excise treatment, as he determines to be required or appropriate to carry out any such agreement.” Subsec. (b)(2). Pub. L. 100418, § 1104(2), substituted “section 2902(a)” for “section 2119” and “such section 2902(a)” for “section 2111” in two places. Subsec. (b)(4). Pub. L. 100418, § 1401(b)(1)(A), substituted “action under sections 2253(e) and 2254 of this title” for “import relief under section 2253(h) of this title”. Subsec. (d). Pub. L. 100418, § 1104(3), substituted “section 2902” for “section 2111”. Subsec. (e). Pub. L. 100418, § 1104(4), added subsec. (e).
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by section 1401(b)(1)(A) of Pub. L. 100418 effective Aug. 23, 1988, and applicable with respect to investigations initiated under part 1 (§ 2251 et seq.) of subchapter III of this chapter on or after that date, see section 1401(c) of Pub. L. 100418, set out as a note under section 2251 of this title.
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# 19 U.S.C. § 2134 - Two-year residual authority to negotiate duties
## Text
(a) Trade agreements 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 the purposes of this chapter will be promoted thereby, the President—
(1) may enter into trade agreements with foreign countries or instrumentalities thereof, and
(2) may proclaim such modification or continuance of any existing duty, such continuance of existing duty-free or excise treatment, or such additional duties, as he determines to be required or appropriate to carry out any such trade agreement.
(b) Maximum volume of imported articles subject to reduction of duties or continuance of duty-free or excise treatment Agreements entered into under this section in any 1-year period shall not provide for the reduction of duties, or the continuance of duty-free or excise treatment, for articles which account for more than 2 percent of the value of United States imports for the most recent 12-month period for which import statistics are available.
(c) Maximum reduction in duties (1) No proclamation shall be made pursuant to subsection (a) decreasing any rate of duty to a rate which is less than 80 percent of the existing rate of duty.
(2) No proclamation shall be made pursuant to subsection (a) decreasing or increasing any rate of duty to a rate which is lower or higher than the corresponding rate which would have resulted if the maximum authority granted by section 2111 of this title with respect to such article had been exercised.
(3) Where the rate of duty in effect at any time is an intermediate stage under section 2119 of this title, the proclamation made pursuant to subsection (a) may provide for the reduction of each rate of duty at each such stage proclaimed under section 2111 of this title by not more than 20 percent of such rate of duty, and, subject to the limitation in paragraph (2), may provide for a final rate of duty which is not less than 80 percent of the rate of duty proclaimed as the final stage under section 2111 of this title.
(4) If the President determines that such action will simplify the computation of the amount of duty imposed with respect to an article, he may exceed the limitations provided by paragraphs (1) and (2) of this subsection by not more than the lesser of—
(A) the difference between such limitation and the next lower whole number, or
(B) one-half of 1 percent ad valorem.
(d) Two-year period of authority Agreements may be entered into under this section only during the 2-year period which immediately follows the close of the period during which agreements may be entered into under section 2111 of this title.
(Pub. L. 93618, title I, § 124, Jan. 3, 1975, 88 Stat. 1990.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
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# 19 U.S.C. § 2135 - Termination and withdrawal authority
## Text
(a) Grant of authority for termination or withdrawal at end of period specified in agreement Every trade agreement entered into under this chapter shall be subject to termination, in whole or in part, or withdrawal, upon due notice, at the end of a period specified in the agreement. Such period shall be not more than 3 years from the date on which the agreement becomes effective. If the agreement is not terminated or withdrawn from at the end of the period so specified, it shall be subject to termination or withdrawal thereafter upon not more than 6 months notice.
(b) Authority to terminate proclamations at any time The President may at any time terminate, in whole or in part, any proclamation made under this chapter.
(c) Increased duties or other import restrictions following withdrawal, suspension, or modification of obligations with respect to trade of foreign countries or instrumentalities Whenever the United States, acting in pursuance of any of its rights or obligations under any trade agreement entered into pursuant to this chapter, section 1821 of this title, or section 1351 of this title, withdraws, suspends, or modifies any obligation with respect to the trade of any foreign country or instrumentality thereof, the President is authorized to proclaim increased duties or other import restrictions, to the extent, at such times, and for such periods as he deems necessary or appropriate, in order to exercise the rights or fulfill the obligations of the United States. No proclamation shall be made under this subsection increasing any existing duty to a rate more than 50 percent above the rate set forth in rate column numbered 2 of the Tariff Schedules of the United States, as in effect on January 1, 1975, or 20 percent ad valorem above the rate existing on January 1, 1975, whichever is higher.
(d) Retaliatory authority Whenever any foreign country or instrumentality withdraws, suspends, or modifies the application of trade agreement obligations of benefit to the United States without granting adequate compensation therefor, the President, in pursuance of rights granted to the United States under any trade agreement and to the extent necessary to protect United States economic interests (including United States balance of payments), may—
(1) withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality, and
(2) proclaim under subsection (c) such increased duties or other import restrictions as are appropriate to effect adequate compensation from such foreign country or instrumentality.
(e) Continuation of duties or other import restrictions after termination of or withdrawal from agreements Duties or other import restrictions required or appropriate to carry out any trade agreement entered into pursuant to this chapter, section 1821 of this title, or section 1351 of this title shall not be affected by any termination, in whole or in part, of such agreement or by the withdrawal of the United States from such agreement and shall remain in effect after the date of such termination or withdrawal for 1 year, unless the President by proclamation provides that such rates shall be restored to the level at which they would be but for the agreement. Within 60 days after the date of any such termination or withdrawal, the President shall transmit to the Congress his recommendations as to the appropriate rates of duty for all articles which were affected by the termination or withdrawal or would have been so affected but for the preceding sentence.
(f) Public hearings Before taking any action pursuant to subsection (b), (c), or (d), the President shall provide for a public hearing during the course of which interested persons shall be given a reasonable opportunity to be present, to produce evidence, and to be heard, unless he determines that such prior hearings will be contrary to the national interest because of the need for expeditious action, in which case he shall provide for a public hearing promptly after such action.
(Pub. L. 93618, title I, § 125, Jan. 3, 1975, 88 Stat. 1991.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (b), (c), (e), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables. The Tariff Schedules of the United States, referred to in subsec. (c), to be treated as a reference to the Harmonized Tariff Schedule pursuant to section 3012 of this title. The Harmonized Tariff Schedule is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title.
Statutory Notes and Related Subsidiaries
Authority To Increase Duties on Imports of Certain Tobacco and Tobacco ProductsPub. L. 103465, title IV, § 421, Dec. 8, 1994, 108 Stat. 4964, provided that: “(a) In General.—In the application of section 125(c) of the Trade Act of 1974 (19 U.S.C. 2135) with respect to any item provided for in subheadings 2401.10.60, 2401.20.30, 2401.20.80, 2401.30.30, 2401.30.60, 2401.30.90, 2403.10.00, 2403.91.40, or 2403.99.00 of the HTS, 350 shall be substituted for 20 where it appears in such section. “(b) Effective Date.—This section shall take effect on the date of the enactment of this Act [Dec. 8, 1994].”
Tariff Reductions Under Trade Agreements Act of 1979Pub. L. 9639, title V, § 502(b), July 26, 1979, 93 Stat. 251, provided that: “For purposes of section 125 (19 U.S.C. 2135) of the Trade Act of 1974 the amendments made under sections 508, 511, 512, and 513 [amending items 135.41, 135.42, 750.26, 750.27, 750.28, 870.45, 905.10, and 905.11 of the Tariff Schedules of the United States. See Publication of Tariff Schedules note under section 1202 of this title] not including the rates of duty appearing in rate column numbered 2, if any, shall be considered to be trade agreement obligations entered into under the Trade Act of 1974 [this chapter], of benefit to foreign countries or instrumentalities.” Pub. L. 9639, title VI, § 601(b), July 26, 1979, 93 Stat. 268, provided that: “For purposes of section 125 of the Trade Act of 1974 [this section], the amendments made under subsection (a), if any [amending the Tariff Schedules of the United States with regard to civil aircraft (see Publication of Tariff Schedules note under section 1202), and, amending section 1466 of this title], shall be considered to be trade agreement obligations entered into under the Trade Act of 1974 [this chapter] of benefit to foreign countries or instrumentalities.” Rates of duty proclaimed under section 855(a) of Pub. L. 9639 (covering spirits, spiritous beverages, and beverage preparations) to be deemed, for purposes of this section, a trade agreement obligation which is of benefit to a foreign country or instrumentality, and, in the case of any item affected by such a proclamation, the last sentence of subsec. (c) of this section to be applied as if it authorized (in addition to any increase authorized therein) an increase up to the rate of duty for such item set forth in rate column numbered 1 of subpart D of part 12 of schedule 1 of the Tariff Schedules of the United States (see Publication of Tariff Schedules note under section 1202 of this title) as amended by section 852 of Pub. L. 9639, see section 855(b) of Pub. L. 9639.
Review of International Trade in Alcoholic BeveragesPub. L. 9639, title VIII, § 854, July 26, 1979, 93 Stat. 294, provided that: “(a) Review.—The President shall review foreign tariff and nontariff barriers affecting United States exports of alcoholic beverages. Not later than January 1, 1982, the President shall report to the Congress the results of his review. “(b) Withdrawal of Concessions.—If, as the result of his review under subsection (a), the President determines that a foreign country or instrumentality has not implemented concessions to the United States affecting alcoholic beverages which were negotiated in trade agreements entered into before January 3, 1980, under the authority of title I of the Trade Act of 1974 [this subchapter], the President shall withdraw, suspend, or modify the application of substantially equivalent trade agreement obligations of benefit to such foreign country or instrumentality under section 125 of the Trade Act of 1974 (19 U.S.C. 2135). “(c) Further Negotiations To Remove Barriers.—If, as the result of his review under subsection (a), the President determines that foreign tariff or nontariff barriers are unduly burdening or restricting the United States exports of alcoholic beverages, he shall enter into negotiations under the Trade Act of 1974 [this chapter] to eliminate or reduce such barriers.”
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# 19 U.S.C. § 2136 - Reciprocal nondiscriminatory treatment
## Text
(a) Direct and indirect imports Except as otherwise provided in this chapter or in any other provision of law, any duty or other import restriction or duty-free treatment proclaimed in carrying out any trade agreement under this subchapter shall apply to products of all foreign countries, whether imported directly or indirectly.
(b) Presidential determination of whether major industrial countries have made substantially equivalent concessions to the United States The President shall determine, after the conclusion of all negotiations entered into under this chapter or at the end of the 5-year period beginning on January 3, 1975, whichever is earlier, whether any major industrial country has failed to make concessions under trade agreements entered into under this chapter which provide competitive opportunities for the commerce of the United States in such country substantially equivalent to the competitive opportunities, provided by concessions made by the United States under trade agreements entered into under this chapter, for the commerce of such country in the United States.
(c) Major industrial countries For purposes of this section, “major industrial country” means Canada, the European Economic Community, the individual member countries of such Community, Japan, and any other foreign country designated by the President for purposes of this subsection.
(Pub. L. 93618, title I, § 126, Jan. 3, 1975, 88 Stat. 1992; Pub. L. 105362, title XIV, § 1401(b)(1), Nov. 10, 1998, 112 Stat. 3294.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsecs. (a) and (b), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Amendments1998—Subsecs. (c), (d). Pub. L. 105362 redesignated subsec. (d) as (c) and struck out former subsec. (c) which related to recommendations to Congress for legislation following a Presidential determination that a major industrial country failed to grant equivalent concessions.
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# 19 U.S.C. § 2137 - Reservation of articles for national security or other reasons
## Text
(a) National security considerations No proclamation shall be made pursuant to the provisions of this chapter reducing or eliminating the duty or other import restriction on any article if the President determines that such reduction or elimination would threaten to impair the national security.
(b) Action taken under other laws While there is in effect with respect to any article any action taken under section 2253 of this title, or section 1862 or 1981 of this title, the President shall reserve such article from negotiations under this subchapter (and from any action under section 2132(c) of this title) contemplating reduction or elimination of—
(A) any duty on such article,
(B) any import restriction imposed under such section, or
(C) any other import restriction, the removal of which will be likely to undermine the effect of the import restrictions referred to in subparagraph (B).
In addition, the President shall also so reserve any other article which he determines to be appropriate, taking into consideration information and advice available pursuant to and with respect to the matters covered by sections 2151, 2152, and 2153 of this title, where applicable.
(Pub. L. 93618, title I, § 127(a), (b), Jan. 3, 1975, 88 Stat. 1993.)
## Notes
Editorial Notes
References in TextThis chapter, referred to in subsec. (a), was in the original “this Act”, meaning Pub. L. 93618, Jan. 3, 1975, 88 Stat. 1978, which is classified principally to this chapter. For complete classification of this Act to the Code, see References in Text note set out under section 2101 of this title and Tables.
Codification Section is comprised of subsecs. (a) and (b) of section 127 of act Jan. 3, 1975. Subsec. (c) of such section was classified to section 1863 of this title, prior to its repeal by Pub. L. 100418, title I, § 1501(b)(2), Aug. 23, 1988, 102 Stat. 1259, and subsec. (d) amended section 1862 of this title.
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# 19 U.S.C. § 2138 - Omitted
## Notes
Editorial Notes
Codification Section, Pub. L. 93618, title I, § 128, as added Pub. L. 98573, title III, § 308(b)(1), Oct. 30, 1984, 98 Stat. 3013; amended Pub. L. 99514, title XVIII, § 1887(b)(1), Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100418, title I, §§ 1214(j)(1), 1215, Aug. 23, 1988, 102 Stat. 1158, 1163; Pub. L. 100647, title IX, § 9001(a)(3), Nov. 10, 1988, 102 Stat. 3806, related to modification and continuance of treatment with respect to duties on high technology products, was omitted pursuant to subsec. (c) which provided that the President could exercise authority under this section only during the 5-year period beginning on Oct. 30, 1984.
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# 19 U.S.C. § 2151 - Advice from International Trade Commission
## Text
(a) Lists of articles which may be considered for action (1) In connection with any proposed trade agreement under section 2133 of this title or subsection (a) or (b) of section 4202 of this title, the President shall from time to time publish and furnish the International Trade Commission (hereafter in this section referred to as the “Commission”) with lists of articles which may be considered for modification or continuance of United States duties, continuance of United States duty-free or excise treatment, or additional duties. In the case of any article with respect to which consideration may be given to reducing or increasing the rate of duty, the list shall specify the provision of this subchapter under which such consideration may be given.
(2) In connection with any proposed trade agreement under section 4202(b) of this title, the President may from time to time publish and furnish the Commission with lists of nontariff matters which may be considered for modification.
(b) Advice to President by Commission Within 6 months after receipt of a list under subsection (a) or, in the case of a list submitted in connection with a trade agreement, within 90 days after receipt of such list, the Commission shall advise the President, with respect to each article or nontariff matter, of its judgment as to the probable economic effect of modification of the tariff or nontariff measure on industries producing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such modifications on United States interests, such as sectors involved in manufacturing, agriculture, mining, fishing, services, intellectual property, investment, labor, and consumers. Such advice may include in the case of any article the advice of the Commission as to whether any reduction in the rate of duty should take place over a longer period of time than the minimum period provided for in section 4202(a)(4)(A) of this title.
(c) Additional investigations and reports requested by President or Trade Representative In addition, in order to assist the President in his determination whether to enter into any agreement under section 2133 of this title or section 4202(a) of this title, or how to develop trade policy, priorities or other matters (such as priorities for actions to improve opportunities in foreign markets), the Commission shall make such investigations and reports as may be requested by the President or the United States Trade Representative on matters such as effects of modification of any barrier to (or other distortion of) international trade on domestic workers, industries or sectors, purchasers, prices and quantities of articles in the United States.
(d) Commission steps in preparing its advice to President In preparing its advice to the President under this section, the Commission shall to the extent practicable—
(1) investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles or services in question and the domestic industries producing the like or directly competitive articles or services;
(2) analyze the production, trade, and consumption of each like or directly competitive article or service, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production;
(3) describe the probable nature and extent of any significant change in employment, profit levels, and use of productive facilities; the overall impact of such or other possible changes on the competitiveness of relevant domestic industries or sectors; and such other conditions as it deems relevant in the domestic industries or sectors concerned which it believes such modifications would cause; and
(4) make special studies (including studies of real wages paid in foreign supplying countries), whenever deemed to be warranted, of particular proposed modifications affecting United States manufacturing, agriculture, mining, fishing, labor, consumers, services, intellectual property and investment, using to the fullest extent practicable United States Government facilities abroad and appropriate personnel of the United States.
(e) Public hearings In preparing its advice to the President under this section, the Commission shall, after reasonable notice, hold public hearings.
(Pub. L. 93618, title I, § 131, Jan. 3, 1975, 88 Stat. 1994; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 107210, div. B, title XXI, § 2110(a)(2), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 11426, title I, § 110(a)(1), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a)(1). Pub. L. 11426, § 110(a)(1)(A)(i), substituted “subsection (a) or (b) of section 4202 of this title” for “section 3803(a) or (b) of this title”. Subsec. (a)(2). Pub. L. 11426, § 110(a)(1)(A)(ii), substituted “section 4202(b) of this title” for “section 3803(b) of this title”. Subsec. (b). Pub. L. 11426, § 110(a)(1)(B), substituted “section 4202(a)(4)(A) of this title” for “section 3803(a)(3)(A) of this title”. Subsec. (c). Pub. L. 11426, § 110(a)(1)(C), substituted “section 4202(a) of this title” for “section 3803 of this title”. 2002—Subsec. (a)(1). Pub. L. 107210, § 2110(a)(2)(A)(i), substituted “section 2133 of this title or section 3803(a) or (b) of this title,” for “section 2133 of this title or section 2902(a) or (c) of this title,”. Subsec. (a)(2). Pub. L. 107210, § 2110(a)(2)(A)(ii), substituted “section 3803(b) of this title” for “section 2902(b) or (c) of this title”. Subsec. (b). Pub. L. 107210, § 2110(a)(2)(B), substituted “section 3803(a)(3)(A) of this title” for “section 2902(a)(3)(A) of this title”. Subsec. (c). Pub. L. 107210, § 2110(a)(2)(C), substituted “section 3803 of this title,” for “section 2902 of this title,”. 1988—Pub. L. 100418 amended section generally, substituting present provisions for provisions which related to: in subsec. (a), lists of articles which could be considered for modification or continuance of duties, duty-free or excise treatment, or additional duties; in subsec. (b), advice to President following receipt of list by Commission; in subsec. (c), additional investigations and reports requested by President; in subsec. (d), Commission steps in preparing its advice to President; and in subsec. (e), public hearings.
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2152 - Advice from executive departments and other sources
## Text
Before any trade agreement is entered into under section 2133 of this title or section 4202 of this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate. Such advice shall be prepared and presented consistent with the provisions of Reorganization Plan Number 3 of 1979, Executive Order Number 12188 and section 2171(c) of this title.
(Pub. L. 93618, title I, § 132, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(2), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
References in TextReorganization Plan Number 3 of 1979, referred to in text, is set out as a note under section 2171 of this title. Executive Order Number 12188, referred to in text, is set out as a note under section 2171 of this title.
Amendments2015—Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title”. 2002—Pub. L. 107210 substituted “section 3803 of this title,” for “section 2902 of this title,”. 1988—Pub. L. 100418 amended section generally. Prior to amendment, section read as follows: “Before any trade agreement is entered into under part 1 of this subchapter or section 2133 or 2134 of this title, the President shall seek information and advice with respect to such agreement from the Departments of Agriculture, Commerce, Defense, Interior, Labor, State and the Treasury, from the United States Trade Representative, and from such other sources as he may deem appropriate.”
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2153 - Public hearings
## Text
(a) Opportunity for presentation of views In connection with any proposed trade agreement under section 2133 of this title or section 4202 of this title, the President shall afford an opportunity for any interested person to present his views concerning any article on a list published under section 2151 of this title, any matter or article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. When appropriate, such procedures shall apply to the development of trade policy and priorities.
(b) Summary of hearings The organization holding such hearing shall furnish the President with a summary thereof.
(Pub. L. 93618, title I, § 133, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107210, div. B, title XXI, § 2110(a)(3), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(3), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a). Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title”. 2002—Subsec. (a). Pub. L. 107210 substituted “section 3803 of this title,” for “section 2902 of this title,”. 1988—Pub. L. 100418 amended section generally. Prior to amendment, section read as follows: “(a) In connection with any proposed trade agreement under part 1 of this subchapter or section 2133 or 2134 of this title, the President shall afford an opportunity for any interested person to present his views concerning any article on a list published pursuant to section 2151 of this title, any article which should be so listed, any concession which should be sought by the United States, or any other matter relevant to such proposed trade agreement. For this purpose, the President shall designate an agency or an interagency committee which shall, after reasonable notice, hold public hearings and prescribe regulations governing the conduct of such hearings. “(b) The organization holding such hearings shall furnish the President with a summary thereof.”
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2154 - Prerequisites for offers
## Text
(a) In any negotiation seeking an agreement under section 2133 of this title or section 4202 of this title, the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 2153 of this title. In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 2151(a) of this title, only after he has received advice concerning such article from the Commission under section 2151(b) of this title, or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs.
(b) In determining whether to make offers described in subsection (a) in the course of negotiating any trade agreement under section 4202 of this title, and in determining the nature and scope of such offers, the President shall take into account any advice or information provided, or reports submitted, by—
(1) the Commission;
(2) any advisory committee established under section 2155 of this title; or
(3) any organization that holds public hearings under section 2153 of this title;
with respect to any article, or domestic industry, that is sensitive, or potentially sensitive, to imports.
(Pub. L. 93618, title I, § 134, Jan. 3, 1975, 88 Stat. 1995; Pub. L. 100418, title I, § 1111(a), Aug. 23, 1988, 102 Stat. 1137; Pub. L. 107210, div. B, title XXI, § 2110(a)(3), (4), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(4), June 29, 2015, 129 Stat. 357.)
## Notes
Editorial Notes
Amendments2015—Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title” in two places. 2002—Subsec. (a). Pub. L. 107210, § 2110(a)(3), substituted “section 3803 of this title,” for “section 2902 of this title,”. Subsec. (b). Pub. L. 107210, § 2110(a)(4), substituted “section 3803 of this title” for “section 2902 of this title” in introductory provisions. 1988—Pub. L. 100418 amended section generally. Prior to amendment, section read as follows: “In any negotiations seeking an agreement under part 1 of this subchapter or section 2133 or 2134 of this title, the President may make an offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restriction, or other barrier to (or other distortion of) international trade, with respect to any article only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 2153 of this title. In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 2151(a) of this title, only after he has received advice concerning such article from the International Trade Commission under section 2151(b) of this title, or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs.”
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2191 - Bills implementing trade agreements on nontariff barriers and resolutions approving commercial agreements with Communist countries
## Text
(a) Rules of House of Representatives and Senate This section and sections 2192 and 2193 of this title are enacted by the Congress—
(1) as an exercise of the rulemaking power of the House of Representatives and the Senate, respectively, and as such they are deemed a part of the rules of each House, respectively, but applicable only with respect to the procedure to be followed in that House in the case of implementing bills described in subsection (b)(1), implementing revenue bills described in subsection (b)(2), approval resolutions described in subsection (b)(3), and resolutions described in sections 2192(a) and 2193(a) of this title; and they supersede other rules only to the extent that they are inconsistent therewith; and
(2) with full recognition of the constitutional right of either House to change the rules (so far as relating to the procedure of that House) at any time, in the same manner and to the same extent as in the case of any other rule of that House.
(b) Definitions For purposes of this section—
(1) The term “implementing bill” means only a bill of either House of Congress which is introduced as provided in subsection (c) with respect to one or more trade agreements, or with respect to an extension described in section 3572(c)(3) of this title, submitted to the House of Representatives and the Senate under section 2112 of this title, section 3572 of this title, or section 4205(a)(1) of this title and which contains—
(A) a provision approving such trade agreement or agreements or such extension,
(B) a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agreements, and
(C) if changes in existing laws or new statutory authority is required to implement such trade agreement or agreements or such extension, provisions, necessary or appropriate to implement such trade agreement or agreements or such extension, either repealing or amending existing laws or providing new statutory authority.
(2) The term “implementing revenue bill or resolution” means an implementing bill, or approval resolution, which contains one or more revenue measures by reason of which it must originate in the House of Representatives.
(3) The term “approval resolution” means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of ____ transmitted by the President to the Congress on ____.”, the first blank space being filled with the name of the country involved and the second blank space being filled with the appropriate date.
(c) Introduction and referral (1) On the day on which a trade agreement or extension is submitted to the House of Representatives and the Senate under section 2112 of this title, section 3572 of this title, or section 4205(a)(1) of this title, the implementing bill submitted by the President with respect to such trade agreement or extension shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such a trade agreement or extension is submitted, the implementing bill shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. Such bills shall be referred by the Presiding Officers of the respective Houses to the appropriate committee, or, in the case of a bill containing provisions within the jurisdiction of two or more committees, jointly to such committees for consideration of those provisions within their respective jurisdictions.
(2) On the day on which a bilateral commercial agreement, entered into under subchapter IV of this chapter after January 3, 1975, is transmitted to the House of Representatives and the Senate, an approval resolution with respect to such agreement shall be introduced (by request) in the House by the majority leader of the House, for himself and the minority leader of the House, or by Members of the House designated by the majority leader and minority leader of the House; and shall be introduced (by request) in the Senate by the majority leader of the Senate, for himself and the minority leader of the Senate, or by Members of the Senate designated by the majority leader and minority leader of the Senate. If either House is not in session on the day on which such an agreement is transmitted, the approval resolution with respect to such agreement shall be introduced in that House, as provided in the preceding sentence, on the first day thereafter on which that House is in session. The approval resolution introduced in the House shall be referred to the Committee on Ways and Means and the approval resolution introduced in the Senate shall be referred to the Committee on Finance.
(d) Amendments prohibited No amendment to an implementing bill or approval resolution shall be in order in either the House of Representatives or the Senate; and no motion to suspend the application of this subsection shall be in order in either House, nor shall it be in order in either House for the Presiding Officer to entertain a request to suspend the application of this subsection by unanimous consent.
(e) Period for committee and floor consideration (1) Except as provided in paragraph (2), if the committee or committees of either House to which an implementing bill or approval resolution has been referred have not reported it at the close of the 45th day after its introduction, such committee or committees shall be automatically discharged from further consideration of the bill or resolution and it shall be placed on the appropriate calendar. A vote on final passage of the bill or resolution shall be taken in each House on or before the close of the 15th day after the bill or resolution is reported by the committee or committees of that House to which it was referred, or after such committee or committees have been discharged from further consideration of the bill or resolution. If prior to the passage by one House of an implementing bill or approval resolution of that House, that House receives the same implementing bill or approval resolution from the other House, then—
(A) the procedure in that House shall be the same as if no implementing bill or approval resolution had been received from the other House, but
(B) the vote on final passage shall be on the implementing bill or approval resolution of the other House.
(2) The provisions of paragraph (1) shall not apply in the Senate to an implementing revenue bill or resolution. An implementing revenue bill or resolution received from the House shall be referred to the appropriate committee or committees of the Senate. If such committee or committees have not reported such bill or resolution at the close of the 15th day after its receipt by the Senate (or, if later, before the close of the 45th day after the corresponding implementing revenue bill or resolution was introduced in the Senate), such committee or committees shall be automatically discharged from further consideration of such bill or resolution and it shall be placed on the calendar. A vote on final passage of such bill or resolution shall be taken in the Senate on or before the close of the 15th day after such bill or resolution is reported by the committee or committees of the Senate to which it was referred, or after such committee or committees have been discharged from further consideration of such bill or resolution.
(3) For purposes of paragraphs (1) and (2), in computing a number of days in either House, there shall be excluded any day on which that House is not in session.
(f) Floor consideration in the House (1) A motion in the House of Representatives to proceed to the consideration of an implementing bill or approval resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on an implementing bill or approval resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the bill or resolution. A motion further to limit debate shall not be debatable. It shall not be in order to move to recommit an implementing bill or approval resolution or to move to reconsider the vote by which an implementing bill or approval resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of Representatives with respect to the consideration of an implementing bill or approval resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to an implementing bill or approval resolution shall be decided without debate.
(5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of an implementing bill or approval resolution shall be governed by the Rules of the House of Representatives applicable to other bills and resolutions in similar circumstances.
(g) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of an implementing bill or approval resolution shall be privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on an implementing bill or approval resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours. The time shall be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with an implementing bill or approval resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the bill or resolution, except that in the event the manager of the bill or resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of an implementing bill or approval resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate is not debatable. A motion to recommit an implementing bill or approval resolution is not in order.
(Pub. L. 93618, title I, § 151, Jan. 3, 1975, 88 Stat. 2001; Pub. L. 100418, title I, § 1107(b)(1), Aug. 23, 1988, 102 Stat. 1135; Pub. L. 101382, title I, § 132(b)(2), Aug. 20, 1990, 104 Stat. 645; Pub. L. 103465, title II, § 282(c)(4), Dec. 8, 1994, 108 Stat. 4929; Pub. L. 107210, div. B, title XXI, § 2110(a)(1), Aug. 6, 2002, 116 Stat. 1019; Pub. L. 11426, title I, § 110(a)(6), June 29, 2015, 129 Stat. 358.)
## Notes
Editorial Notes
Amendments2015—Subsecs. (b)(1), (c)(1). Pub. L. 11426, § 110(a)(6), substituted “section 4205(a)(1) of this title” for “section 3805(a)(1) of this title”. 2002—Subsec. (b)(1). Pub. L. 107210, § 2110(a)(1)(A), substituted “section 3572 of this title, or section 3805(a)(1) of this title” for “section 2903(a)(1) of this title, or section 3572 of this title” in introductory provisions. Subsec. (c)(1). Pub. L. 107210, § 2110(a)(1)(B), substituted “, section 3572 of this title, or section 3805(a)(1) of this title” for “or section 3572 of this title”. 1994—Subsec. (b)(1). Pub. L. 103465, § 282(c)(4)(A), in introductory provisions, inserted “, or with respect to an extension described in section 3572(c)(3) of this title,” after “trade agreements” and substituted “, section 2903(a)(1) of this title, or section 3572 of this title” for “or section 2903(a)(1) of this title”, and in subpars. (A) and (C), inserted “or such extension” after “agreements” wherever appearing. Subsec. (c)(1). Pub. L. 103465, § 282(c)(4)(B), inserted “or section 3572 of this title” after “section 2112 of this title” and “or extension” after “agreement” wherever appearing. 1990—Subsec. (b)(2). Pub. L. 101382, § 132(b)(2)(A), (B), inserted “or resolution” after “revenue bill” and “, or approval resolution,” after “implementing bill”. Subsec. (b)(3). Pub. L. 101382, § 132(b)(2)(C), substituted “joint” for “concurrent”. Subsec. (e)(2). Pub. L. 101382, § 132(b)(2)(D), (E), substituted “revenue bill or resolution” for “revenue bill” in three places and “such bill or resolution” for “such bill” in five places. 1988—Subsec. (b)(1). Pub. L. 100418 inserted reference to section 2903(a)(1) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective, except as otherwise provided, on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), and applicable with respect to investigations, reviews, and inquiries initiated and petitions filed under specified provisions of subtitle IV (§ 1671 et seq.) of chapter 4 of this title after such date, see section 291 of Pub. L. 103465, set out as a note under section 1671 of this title.
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# 19 U.S.C. § 2192 - Resolutions disapproving certain actions
## Text
(a) Contents of resolutions (1) For purposes of this section, the term “resolution” means only—
(A) a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on ___.”, the blank space being filled with the appropriate date; and
(B) a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve ___ transmitted to the Congress on ___.”, with the first blank space being filled in accordance with paragraph (2), and the second blank space being filled with the appropriate date.
(2) The first blank space referred to in paragraph (1)(B) shall be filled, in the case of a resolution referred to in section 2437(c)(2) of this title, with the phrase “the report of the President submitted under section ___ of the Trade Act of 1974 with respect to ___” (with the first blank space being filled with “402(b)” or “409(b)”, as appropriate, and the second blank space being filled with the name of the country involved).
(b) Reference to committees All resolutions introduced in the House of Representatives shall be referred to the Committee on Ways and Means and all resolutions introduced in the Senate shall be referred to the Committee on Finance.
(c) Discharge of committees (1) If the committee of either House to which a resolution has been referred has not reported it at the end of 30 days after its introduction, not counting any day which is excluded under section 2194(b) of this title, it is in order to move either to discharge the committee from further consideration of the resolution or to discharge the committee from further consideration of any other resolution introduced with respect to the same matter, except that a motion to discharge—
(A) may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so; and
(B) is not in order after the Committee 11 So in original. Probably should not be capitalized. has reported a resolution with respect to the same matter.
(2) A motion to discharge under paragraph (1) may be made only by an individual favoring the resolution, and is highly privileged in the House and privileged in the Senate; and debate thereon shall be limited to not more than 1 hour, the time to be divided in the House equally between those favoring and those opposing the resolution, and to be divided in the Senate equally between, and controlled by, the majority leader and the minority leader or their designees. An amendment to the motion is not in order, and it is not in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(d) Floor consideration in the House (1) A motion in the House of Representatives to proceed to the consideration of a resolution shall be highly privileged and not debatable. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the House of Representatives on a resolution shall be limited to not more than 20 hours, which shall be divided equally between those favoring and those opposing the resolution. A motion further to limit debate shall not be debatable. No amendment to, or motion to recommit, the resolution shall be in order. It shall not be in order to move to reconsider the vote by which a resolution is agreed to or disagreed to.
(3) Motions to postpone, made in the House of Representatives with respect to the consideration of a resolution, and motions to proceed to the consideration of other business, shall be decided without debate.
(4) All appeals from the decisions of the Chair relating to the application of the Rules of the House of Representatives to the procedure relating to a resolution shall be decided without debate.
(5) Except to the extent specifically provided in the preceding provisions of this subsection, consideration of a resolution in the House of Representatives shall be governed by the Rules of the House of Representatives applicable to other resolutions in similar circumstances.
(e) Floor consideration in the Senate (1) A motion in the Senate to proceed to the consideration of a resolution shall be privileged. An amendment to the motion shall not be in order, nor shall it be in order to move to reconsider the vote by which the motion is agreed to or disagreed to.
(2) Debate in the Senate on a resolution, and all debatable motions and appeals in connection therewith, shall be limited to not more than 20 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(3) Debate in the Senate on any debatable motion or appeal in connection with a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such motion or appeal, the time in opposition thereto, shall be controlled by the minority leader or his designee. Such leaders, or either of them, may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any debatable motion or appeal.
(4) A motion in the Senate to further limit debate on a resolution, debatable motion, or appeal is not debatable. No amendment to, or motion to recommit, a resolution is in order in the Senate.
(f) Procedures in the Senate (1) Except as otherwise provided in this section, the following procedures shall apply in the Senate to a resolution to which this section applies:
(A) (i) Except as provided in clause (ii), a resolution that has passed the House of Representatives shall, when received in the Senate, be referred to the Committee on Finance for consideration in accordance with this section.
(ii) If a resolution to which this section applies was introduced in the Senate before receipt of a resolution that has passed the House of Representatives, the resolution from the House of Representatives shall, when received in the Senate, be placed on the calendar. If this clause applies, the procedures in the Senate with respect to a resolution introduced in the Senate that contains the identical matter as the resolution that passed the House of Representatives shall be the same as if no resolution had been received from the House of Representatives, except that the vote on passage in the Senate shall be on the resolution that passed the House of Representatives.
(B) If the Senate passes a resolution before receiving from the House of Representatives a joint resolution that contains the identical matter, the joint resolution shall be held at the desk pending receipt of the joint resolution from the House of Representatives. Upon receipt of the joint resolution from the House of Representatives, such joint resolution shall be deemed to be read twice, considered, read the third time, and passed.
(2) If the texts of joint resolutions described in this section or section 2193(a) of this title, whichever is applicable, concerning any matter are not identical—
(A) the Senate shall vote passage on the resolution introduced in the Senate, and
(B) the text of the joint resolution passed by the Senate shall, immediately upon its passage (or, if later, upon receipt of the joint resolution passed by the House), be substituted for the text of the joint resolution passed by the House of Representatives, and such resolution, as amended, shall be returned with a request for a conference between the two Houses.
(3) Consideration in the Senate of any veto message with respect to a joint resolution described in subsection (a)(2)(B) or section 2193(a) of this title, including consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees.
(Pub. L. 93618, title I, § 152, Jan. 3, 1975, 88 Stat. 2004; Pub. L. 9639, title IX, § 902(a)(1), title XI, § 1106(c)(5), July 26, 1979, 93 Stat. 299, 312; Pub. L. 98573, title II, § 248(b), Oct. 30, 1984, 98 Stat. 2998; Pub. L. 101382, title I, § 132(c)(2)(5), Aug. 20, 1990, 104 Stat. 646, 647; Pub. L. 103465, title II, § 261(d)(1)(A)(ii), Dec. 8, 1994, 108 Stat. 4909; Pub. L. 104295, § 20(b)(10), Oct. 11, 1996, 110 Stat. 3527.)
## Notes
Editorial Notes
References in TextSection 203 of the Trade Act of 1974, referred to in subsec. (a)(1)(A), is section 203 of Pub. L. 93618, title II, Jan. 3, 1975, 88 Stat. 2015, which is classified to section 2253 of this title. Sections 402(b) and 409(b) of the Trade Act of 1974, referred to in subsec. (a)(2), are sections 402(b) and 409(b) of Pub. L. 93618, title IV, Jan. 3, 1975, 88 Stat. 2060, 2064, respectively, which are classified to sections 2432 and 2439 of this title, respectively.
Amendments1996—Subsec. (a)(2). Pub. L. 104295 amended directory language of Pub. L. 103465. See 1994 Amendment note below. 1994—Subsec. (a)(2). Pub. L. 103465, as amended by Pub. L. 104295, substituted comma for “as follows:” after “shall be filled” in introductory provisions, struck out “(B)” before “in the case”, and struck out subpar. (A) which read as follows: “in the case of a resolution referred to in section 1303(e) of this title, with the phrase the determination of the Secretary of the Treasury under section 303(d) of the Tariff Act of 1930; and”. 1990—Subsec. (a)(1)(B). Pub. L. 101382, § 132(c)(2), amended subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: “a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: That the ___ does not approve ___ transmitted to the Congress on ___., with the first blank space being filled with the name of the resolving House, the second blank space being filled in accordance with paragraph (2), and the third blank space being filled with the appropriate date.” Subsec. (a)(2). Pub. L. 101382, § 132(c)(3), substituted “first” for “second” in introductory provisions and “2437(c)(2)” for “2437(c)(3)” in subpar. (C), redesignated subpar. (C) as (B), and struck out former subpar. (B) which read as follows: “in the case of a resolution referred to in section 2437(c)(2) of this title, with the phrase the extension of nondiscriminatory treatment with respect to the products of ___ (with this blank space being filled with the name of the country involved); and”. Subsec. (c)(1). Pub. L. 101382, § 132(c)(4), substituted “except that a motion to discharge— “(A) may only be made on the second legislative day after the calendar day on which the Member making the motion announces to the House his intention to do so; and “(B) is not in order after the Committee has reported a resolution with respect to the same matter” for “except no motion to discharge shall be in order after the committee has reported a resolution with respect to the same matter”. Subsec. (f). Pub. L. 101382, § 132(c)(5), amended subsec. (f) generally. Prior to amendment, subsec. (f) read as follows: “In the case of a resolution described in subsection (a)(1) of this section, if prior to the passage by one House of a resolution of that House, that House receives a resolution with respect to the same matter from the other House, then— “(1) the procedure in that House shall be the same as if no resolution had been received from the other House; but “(2) the vote on final passage shall be on the resolution of the other House.” 1984—Subsec. (a)(1)(A). Pub. L. 98573 substituted “joint resolution” for “concurrent resolution”. 1979—Subsec. (a)(1)(A). Pub. L. 9639, § 902(a)(1)(A), substituted “does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on ___., the blank space being filled with the appropriate date” for “does not approve ___ transmitted to the Congress on ___., the first blank space being filled in accordance with paragraph (2) and the second blank space being filled with the appropriate date”. Subsec. (a)(1)(B). Pub. L. 9639, § 902(a)(1)(B), substituted “paragraph (2),” for “paragraph (3),”. Subsec. (a)(2), (3). Pub. L. 9639, § 902(a)(1)(C), (D), redesignated par. (3) as (2). Former par. (2), relating to the first blank space referred to in subsec. (a)(1)(A), was struck out. Subsec. (c)(1). Pub. L. 9639, § 1106(c)(5), substituted “section 2194(b) of this title” for “section 2193(b) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective on the effective date of title II of Pub. L. 103465, Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103465, set out as a note under section 1315 of this title.
Effective Date of 1990 AmendmentAmendment by section 132(c)(4) and (5) of Pub. L. 101382 applicable with respect to recommendations made under section 2432(d) of this title by the President after May 23, 1990, see section 132(d) of Pub. L. 101382, set out as a note under section 2432 of this title.
Effective Date of 1984 AmendmentAmendment by Pub. L. 98573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98573, set out as a note under section 1304 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see sections 903 and 1114 of Pub. L. 9639, set out as Effective Date notes under sections 2411 and 2581 of this title, respectively.
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# 19 U.S.C. § 2193 - Resolutions relating to extension of waiver authority under section 402 of the Trade Act of 1974
## Text
(a) Contents of resolution For purposes of this section, the term “resolution” means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ___ with respect to ___.”, with the first blank space being filled with the appropriate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the clause beginning with “with respect to” being omitted if the extension of the authority is not approved with respect to any country.
(b) Application of rules of section 2192 of this title; exceptions (1) Except as provided in this section, the provisions of section 2192 of this title shall apply to resolutions described in subsection (a).
(2) In applying section 2192(c)(1) of this title, all calendar days shall be counted.
(3) That part of section 2192(d)(2) of this title which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. Debate in the House of Representatives on any amendment to a resolution shall be limited to not more than 1 hour which shall be equally divided between those favoring and those opposing the amendment. A motion in the House to further limit debate on an amendment to a resolution is not debatable.
(4) That part of section 2192(e)(4) of this title which provides that no amendment is in order shall not apply to any amendment to a resolution which is limited to striking out or inserting the names of one or more countries or to striking out or inserting a with-respect-to clause. The time limit on a debate on a resolution in the Senate under section 2192(e)(2) of this title shall include all amendments to a resolution. Debate in the Senate on any amendment to a resolution shall be limited to not more than 1 hour, to be equally divided between, and controlled by, the mover and the manager of the resolution, except that in the event the manager of the resolution is in favor of any such amendment, the time in opposition thereto shall be controlled by the minority leader or his designee. The majority leader and minority leader may, from time under their control on the passage of a resolution, allot additional time to any Senator during the consideration of any amendment. A motion in the Senate to further limit debate on an amendment to a resolution is not debatable.
(c) Consideration of second resolution not in order It shall not be in order in either the House of Representatives or the Senate to consider a resolution with respect to a recommendation of the President under section 2432(d) of this title (other than a resolution described in subsection (a) received from the other House), if that House has adopted a resolution with respect to the same recommendation.
(d) Procedures relating to conference reports in the Senate (1) Consideration in the Senate of the conference report on any joint resolution described in subsection (a), including consideration of all amendments in disagreement (and all amendments thereto), and consideration of all debatable motions and appeals in connection therewith, shall be limited to 10 hours, to be equally divided between, and controlled by, the majority leader and the minority leader or their designees. Debate on any debatable motion or appeal related to the conference report shall be limited to 1 hour, to be equally divided between, and controlled by, the mover and the manager of the conference report.
(2) In any case in which there are amendments in disagreement, time on each amendment shall be limited to 30 minutes, to be equally divided between, and controlled by, the manager of the conference report and the minority leader or his designee. No amendment to any amendment in disagreement shall be received unless it is a germane amendment.
(Pub. L. 93618, title I, § 153, Jan. 3, 1975, 88 Stat. 2006; Pub. L. 101382, title I, § 132(a)(3)(6), Aug. 20, 1990, 104 Stat. 644, 645.)
## Notes
Editorial Notes
References in TextSection 402 of the Trade Act of 1974, referred to in catchline and subsec. (a), is classified to section 2432 of this title.
Amendments1990—Subsec. (a). Pub. L. 101382, § 132(a)(3), amended subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: “For purposes of this section, the term resolution means only— “(1) a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: That the Congress approves the extension of the authority contained in section 402(c)(1) of the Trade Act of 1974 recommended by the President to the Congress on ___, except with respect to ___., with the first blank space being filled with the appropriate date and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the except clause being omitted if there is no such country; and “(2) a resolution of either House of the Congress, the matter after the resolving clause of which is as follows: That the ___ does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ___ with respect to ___., with the first blank space being filled with the name of the resolving House, the second blank space being filled with the appropriate date, and the third blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the with-respect-to clause being omitted if the extension of the authority is not approved with respect to any country.” Subsec. (b). Pub. L. 101382, § 132(a)(4), in par. (2), struck out provisions substituting 20 days for 30 days in resolution related to section 2432(d)(4) of this title, and in pars. (3) and (4), struck out provisions relating to except clause in resolutions under subsec. (a)(1) and provisions identifying with-respect-to clause as relating to resolutions under subsec. (a)(2). Subsec. (c). Pub. L. 101382, § 132(a)(5), substituted “subsection (a)” for “subsection (a)(1)”. Subsec. (d). Pub. L. 101382, § 132(a)(6), added subsec. (d).
Statutory Notes and Related Subsidiaries
Effective Date of 1990 AmendmentAmendment by Pub. L. 101382 applicable with respect to recommendations made under section 2432(d) of this title by the President after May 23, 1990, see section 132(d) of Pub. L. 101382, set out as a note under section 2432 of this title.
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# 19 U.S.C. § 2194 - Special rules relating to Congressional procedures
## Text
(a) Delivery of documents to both Houses Whenever, pursuant to section 2112(e), 2253(b), 2432(d), or 2437(a) or (b), a document is required to be transmitted to the Congress, copies of such document shall be delivered to both Houses of Congress on the same day and shall be delivered to the Clerk of the House of Representatives if the House is not in session and to the Secretary of the Senate if the Senate is not in session.
(b) Computation of 90-day period For purposes of sections 2253(c) and 2437(c)(2) of this title, the 90-day period referred to in such sections shall be computed by excluding—
(1) 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
(2) any Saturday and Sunday, not excluded under paragraph (1), when either House is not in session.
(Pub. L. 93618, title I, § 154, Jan. 3, 1975, 88 Stat. 2008; Pub. L. 9639, title IX, § 902(a)(2), July 26, 1979, 93 Stat. 300; Pub. L. 101382, title I, § 132(c)(6), Aug. 20, 1990, 104 Stat. 647; Pub. L. 103465, title II, § 261(d)(1)(A)(iii), Dec. 8, 1994, 108 Stat. 4909; Pub. L. 10636, title I, § 1001(a)(5), June 25, 1999, 113 Stat. 130.)
## Notes
Editorial Notes
Amendments1999—Subsec. (b). Pub. L. 10636 substituted “For purposes of sections 2253(c) and 2437(c)(2) of this title, the 90-day period” for “For purposes of sections 2253(c), and 2437(c)(2) of this title, the 90-day period” in introductory provisions. 1994—Subsec. (a). Pub. L. 103465 struck out reference to section 1303(e) of this title. 1990—Subsec. (b). Pub. L. 101382, which directed the substitution of “and 2437(c)(2)” for “2437(c)(2) and 2437(c)(3)”, was executed by making the substitution for “2437(c)(2), and 2437(c)(3)” to reflect the probable intent of Congress. 1979—Subsec. (a). Pub. L. 9639 struck out reference to section 2412(a) of this title. Subsec. (b). Pub. L. 9639 struck out reference to section 2412(b) of this title.
Statutory Notes and Related Subsidiaries
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective on the effective date of title II of Pub. L. 103465, Jan. 1, 1995, see section 261(d)(2) of Pub. L. 103465, set out as a note under section 1315 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective July 26, 1979, see section 903 of Pub. L. 9639, set out as an Effective Date note under section 2411 of this title.
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# 19 U.S.C. § 2211 - Congressional advisers for trade policy and negotiations
## Text
(a) Selection (1) At the beginning of each regular session of Congress, the Speaker of the House of Representatives, upon the recommendation of the chairman of the Committee on Ways and Means, shall select 5 members (not more than 3 of whom are members of the same political party) of such committee, and the President pro tempore of the Senate, upon the recommendation of the chairman of the Committee on Finance, shall select 5 members (not more than 3 of whom are members of the same political party) of such committee, who shall be designated congressional advisers on trade policy and negotiations. They shall provide advice on the development of trade policy and priorities for the implementation thereof. They shall also be accredited by the United States Trade Representative on behalf of the President as official advisers to the United States delegations to international conferences, meetings, and negotiating sessions relating to trade agreements.
(2) (A) In addition to the advisers designated under paragraph (1) from the Committee on Ways and Means and the Committee on Finance—
(i) the Speaker of the House may select additional members of the House, for designation as congressional advisers regarding specific trade policy matters or negotiations, from any other committee of the House or joint committee of Congress that has jurisdiction over legislation likely to be affected by such matters or negotiations; and
(ii) the President pro tempore of the Senate may select additional members of the Senate, for designation as congressional advisers regarding specific trade policy matters or negotiations, from any other committee of the Senate or joint committee of Congress that has jurisdiction over legislation likely to be affected by such matters or negotiations.
Members of the House and Senate selected as congressional advisers under this subparagraph shall be accredited by the United States Trade Representative.
(B) Before designating any member under subparagraph (A), the Speaker or the President pro tempore shall consult with—
(i) the chairman and ranking member of the Committee on Ways and Means or the Committee on Finance, as appropriate; and
(ii) the chairman and ranking minority member of the committee from which the member will be selected.
(C) Not more than 3 members (not more than 2 of whom are members of the same political party) may be selected under this paragraph as advisers from any committee of Congress.
(b) Briefing (1) The United States Trade Representative shall keep each official adviser designated under subsection (a)(1) currently informed on matters affecting the trade policy of the United States and, with respect to possible agreements, negotiating objectives, the status of negotiations in progress, and the nature of any changes in domestic law or the administration thereof which may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, such agreement.
(2) The United States Trade Representative shall keep each official adviser designated under subsection (a)(2) currently informed regarding the trade policy matters and negotiations with respect to which the adviser is designated.
(3) (A) The chairmen of the Committee on Ways and Means and the Committee on Finance may designate members (in addition to the official advisers under subsection (a)(1)) and staff members of their respective committees who shall have access to the information provided to official advisers under paragraph (1).
(B) The Chairman 11 So in original. Probably should not be capitalized. of any committee of the House or Senate or any joint committee of Congress from which official advisers are selected under subsection (a)(2) may designate other members of such committee, and staff members of such committee, who shall have access to the information provided to official advisers under paragraph (2).
(c) Committee consultation The United States Trade Representative shall consult on a continuing basis with the Committee on Ways and Means of the House of Representatives, the Committee on Finance of the Senate, and the other appropriate committees of the House and Senate on the development, implementation, and administration of overall trade policy of the United States. Such consultations shall include, but are not limited to, the following elements of such policy:
(1) The principal multilateral and bilateral negotiating objectives and the progress being made toward their achievement.
(2) The implementation, administration, and effectiveness of recently concluded multilateral and bilateral trade agreements and resolution of trade disputes.
(3) The actions taken, and proposed to be taken, under the trade laws of the United States and the effectiveness, or anticipated effectiveness, of such actions in achieving trade policy objectives.
(4) The important developments and issues in other areas of trade for which there must be developed proper policy response.
When necessary, meetings shall be held with each Committee 1 in executive session to review matters under negotiation.
(Pub. L. 93618, title I, § 161, Jan. 3, 1975, 88 Stat. 2008; Pub. L. 9639, § 3(e), July 26, 1979, 93 Stat. 150; Pub. L. 100418, title I, § 1632, Aug. 23, 1988, 102 Stat. 1269.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100418 amended section generally, substituting present provisions for similar provisions which had related to Congressional delegates to negotiations, and changing the structure of the section from one consisting of subsecs. (a) and (b) to one consisting of subsecs. (a) to (c). 1979—Subsec. (b)(1). Pub. L. 9639 substituted “trade agreement or any requirement of, amendment to, or recommendation under, such agreement” for “trade agreement”.
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# 19 U.S.C. § 2212 - Transmission of agreements to Congress
## Text
(a) Submission of copy and reasons As soon as practicable after a trade agreement entered into under section 2133 or 2134 of this title or under section 4202 of this title has entered into force with respect to the United States, the President shall, if he has not previously done so, transmit a copy of such trade agreement to each House of the Congress together with a statement, in the light of the advice of the International Trade Commission under section 2151(b) of this title, if any, and of other relevant considerations, of his reasons for entering into the agreement.
(b) Submission to each member The President shall transmit to each Member of the Congress a summary of the information required to be transmitted to each House under subsection (a). For purposes of this subsection, the term “Member” includes any Delegate or Resident Commissioner.
(Pub. L. 93618, title I, § 162, Jan. 3, 1975, 88 Stat. 2008; Pub. L. 100647, title IX, § 9001(a)(10), Nov. 10, 1988, 102 Stat. 3807; Pub. L. 107210, div. B, title XXI, § 2110(a)(6), Aug. 6, 2002, 116 Stat. 1020; Pub. L. 11426, title I, § 110(a)(7), June 29, 2015, 129 Stat. 358.)
## Notes
Editorial Notes
Amendments2015—Subsec. (a). Pub. L. 11426 substituted “section 4202 of this title” for “section 3803 of this title”. 2002—Subsec. (a). Pub. L. 107210 substituted “or under section 3803 of this title” for “or under section 2902 of this title”. 1988—Subsec. (a). Pub. L. 100647 struck out “part 1 of this subchapter or” after “entered into under”, and inserted “or under section 2902 of this title” after “2134 of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentAmendment by Pub. L. 100647 applicable as if such amendment took effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100647, set out as an Effective and Termination Dates of 1988 Amendments note under section 58c of this title.
Executive Documents
Delegation of Authority For delegation of functions of President under div. B of Pub. L. 107210, amending this section, see section 1 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.
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# 19 U.S.C. § 2231 - Change of name
## Text
(a) Former United States Tariff Commission The United States Tariff Commission (established by section 1330 of this title) is renamed as the United States International Trade Commission.
(b) References in law and other documents Any reference in any law of the United States, or in any order, rule, regulation, or other document, to the United States Tariff Commission (or the Tariff Commission) shall be considered to refer to the United States International Trade Commission.
(Pub. L. 93618, title I, § 171, Jan. 3, 1975, 88 Stat. 2009.)
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# 19 U.S.C. § 2232 - Independent budget and authorization of appropriations
## Text
Effective with respect to the fiscal year beginning October 1, 1976, for purposes of chapter 11 of title 31, estimated expenditures and proposed appropriations for the United States International Trade Commission shall be transmitted to the President on or before October 15 of the year preceding the beginning of each fiscal year and shall be included by him in the Budget without revision, and the Commission shall not be considered to be a department or establishment for purposes of such chapter.
(Pub. L. 93618, title I, § 175(a)(1), Jan. 3, 1975, 88 Stat. 2011.)
## Notes
Editorial Notes
Codification “Chapter 11 of title 31” and “such chapter” substituted in text for “the Budget and Accounting Act, 1921 (31 U.S.C. 1 et seq.)” and “such Act”, respectively, on authority of Pub. L. 97258, § 4(b), Sept. 13, 1982, 96 Stat. 1067, the first section of which enacted Title 31, Money and Finance.
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# 19 U.S.C. § 2242 - Identification of countries that deny adequate protection, or market access, for intellectual property rights
## Text
(a) In general By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under section 2241(b) of this title, the United States Trade Representative (hereafter in this section referred to as the “Trade Representative”) shall identify—
(1) those foreign countries that—
(A) deny adequate and effective protection of intellectual property rights, or
(B) deny fair and equitable market access to United States persons that rely upon intellectual property protection, and
(2) those foreign countries identified under paragraph (1) that are determined by the Trade Representative to be priority foreign countries.
(b) Special rules for identifications (1) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall only identify those foreign countries—
(A) that have the most onerous or egregious acts, policies, or practices that—
(i) deny adequate and effective intellectual property rights, or
(ii) deny fair and equitable market access to United States persons that rely upon intellectual property protection,
(B) whose acts, policies, or practices described in subparagraph (A) have the greatest adverse impact (actual or potential) on the relevant United States products, and
(C) that are not—
(i) entering into good faith negotiations, or
(ii) making significant progress in bilateral or multilateral negotiations,
to provide adequate and effective protection of intellectual property rights.
(2) In identifying priority foreign countries under subsection (a)(2), the Trade Representative shall—
(A) consult with the Register of Copyrights, the Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office, other appropriate officers of the Federal Government, and
(B) take into account information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 2241(b) of this title and petitions submitted under section 2412 of this title.
(3) The Trade Representative may identify a foreign country under subsection (a)(1)(B) only if the Trade Representative finds that there is a factual basis for the denial of fair and equitable market access as a result of the violation of international law or agreement, or the existence of barriers, referred to in subsection (d)(3).
(4) In identifying foreign countries under paragraphs (1) and (2) of subsection (a), the Trade Representative shall take into account—
(A) the history of intellectual property laws and practices of the foreign country, including any previous identification under subsection (a)(2), and
(B) the history of efforts of the United States, and the response of the foreign country, to achieve adequate and effective protection and enforcement of intellectual property rights.
(c) Revocations and additional identifications (1) The Trade Representative may at any time—
(A) revoke the identification of any foreign country as a priority foreign country under this section, or
(B) identify any foreign country as a priority foreign country under this section,
if information available to the Trade Representative indicates that such action is appropriate.
(2) The Trade Representative shall include in the semiannual report submitted to the Congress under section 2419(3) of this title a detailed explanation of the reasons for the revocation under paragraph (1) of the identification of any foreign country as a priority foreign country under this section.
(d) Definitions For purposes of this section—
(1) The term “persons that rely upon intellectual property protection” means persons involved in—
(A) the creation, production or licensing of works of authorship (within the meaning of sections 102 and 103 of title 17) that are copyrighted, or
(B) the manufacture of products that are patented or for which there are process patents.
(2) A foreign country denies adequate and effective protection of intellectual property rights if the foreign country denies adequate and effective means under the laws of the foreign country for persons who are not citizens or nationals of such foreign country to secure, exercise, and enforce rights relating to patents, process patents, registered trademarks, copyrights, trade secrets, and mask works.
(3) A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright or related right, patent, trademark, mask work, trade secret, or plant breeders right, through the use of laws, procedures, practices, or regulations which—
(A) violate provisions of international law or international agreements to which both the United States and the foreign country are parties, or
(B) constitute discriminatory nontariff trade barriers.
(4) A foreign country may be determined to deny adequate and effective protection of intellectual property rights, notwithstanding the fact that the foreign country may be in compliance with the specific obligations of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title.
(e) Publication The Trade Representative shall publish in the Federal Register a list of foreign countries identified under subsection (a) and shall make such revisions to the list as may be required by reason of action under subsection (c).
(f) Special rule for actions affecting United States cultural industries (1) In general By no later than the date that is 30 days after the date on which the annual report is submitted to Congressional committees under section 2241(b) of this title, the Trade Representative shall identify any act, policy, or practice of Canada which—
(A) affects cultural industries,
(B) is adopted or expanded after December 17, 1992, and
(C) is actionable under article 32.6 of the USMCA (as defined in section 4502 of this title).
(2) Special rules for identifications For purposes of section 2412(b)(2)(A) of this title, an act, policy, or practice identified under this subsection shall be treated as an act, policy, or practice that is the basis for identification of a country under subsection (a)(2), unless the United States has already taken action pursuant to article 32.6 of the USMCA in response to such act, policy, or practice. In deciding whether to identify an act, policy, or practice under paragraph (1), the Trade Representative shall—
(A) consult with and take into account the views of representatives of the relevant domestic industries, appropriate committees established pursuant to section 2155 of this title, and appropriate officers of the Federal Government, and
(B) take into account the information from such sources as may be available to the Trade Representative and such information as may be submitted to the Trade Representative by interested persons, including information contained in reports submitted under section 2241(b) of this title.
(3) Cultural industries For purposes of this subsection, the term “cultural industries” means persons engaged in any of the following activities:
(A) The publication, distribution, or sale of books, magazines, periodicals, or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing.
(B) The production, distribution, sale, or exhibition of film or video recordings.
(C) The production, distribution, sale, or exhibition of audio or video music recordings.
(D) The publication, distribution, or sale of music in print or machine readable form.
(E) Radio communications in which the transmissions are intended for direct reception by the general public, and all radio, television, and cable broadcasting undertakings and all satellite programming and broadcast network services.
(g) Special rules for foreign countries on the priority watch list (1) Action plans (A) In general Not later than 90 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title, the Trade Representative shall develop an action plan described in subparagraph (C) with respect to each foreign country described in subparagraph (B).
(B) Foreign country described The Trade Representative shall develop an action plan under subparagraph (A) with respect to each foreign country that—
(i) the Trade Representative has identified for placement on the priority watch list; and
(ii) has remained on such list for at least one year.
(C) Action plan described An action plan developed under subparagraph (A) shall contain the benchmarks described in subparagraph (D) and be designed to assist the foreign country—
(i) to achieve—
(I) adequate and effective protection of intellectual property rights; and
(II) fair and equitable market access for United States persons that rely upon intellectual property protection; or
(ii) to make significant progress toward achieving the goals described in clause (i).
(D) Benchmarks described The benchmarks contained in an action plan developed pursuant to subparagraph (A) are such legislative, institutional, enforcement, or other actions as the Trade Representative determines to be necessary for the foreign country to achieve the goals described in clause (i) or (ii) of subparagraph (C).
(2) Failure to meet action plan benchmarks If, as of one year after the date on which an action plan is developed under paragraph (1)(A), the President, in consultation with the Trade Representative, determines that the foreign country to which the action plan applies has not substantially complied with the benchmarks described in paragraph (1)(D), the President may take appropriate action with respect to the foreign country.
(3) Priority watch list defined In this subsection, the term “priority watch list” means the priority watch list established by the Trade Representative pursuant to subsection (a).
(h) Annual report Not later than 30 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title, the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including—
(1) a list of any foreign countries identified under subsection (a);
(2) a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights; and
(3) a description of the action plans developed under subsection (g) and any actions taken by foreign countries under such plans.
(Pub. L. 93618, title I, § 182, as added Pub. L. 100418, title I, § 1303(b), Aug. 23, 1988, 102 Stat. 1179; amended Pub. L. 103182, title V, § 513, Dec. 8, 1993, 107 Stat. 2156; Pub. L. 103465, title III, § 313, Dec. 8, 1994, 108 Stat. 4938; Pub. L. 106113, div. B, § 1000(a)(9) [title IV, § 4732(b)(8)], Nov. 29, 1999, 113 Stat. 1536, 1501A584; Pub. L. 114125, title VI, § 610(a), (b)(1), Feb. 24, 2016, 130 Stat. 191; Pub. L. 116113, title V, § 506(a), Jan. 29, 2020, 134 Stat. 78.)
## Notes
Editorial Notes
Amendments2020—Subsec. (f)(1)(C). Pub. L. 116113, § 506(a)(1), substituted “article 32.6 of the USMCA (as defined in section 4502 of this title)” for “article 2106 of the North American Free Trade Agreement”. Subsec. (f)(2). Pub. L. 116113, § 506(a)(2), substituted “article 32.6 of the USMCA” for “article 2106 of the North American Free Trade Agreement” in introductory provisions. 2016—Subsec. (d)(2). Pub. L. 114125, § 610(a), inserted “, trade secrets,” after “copyrights”. Subsecs. (g), (h). Pub. L. 114125, § 610(b)(1), added subsecs. (g) and (h) and struck out former subsec. (g). Prior to amendment, text of subsec. (g) read as follows: “The Trade Representative shall, by not later than the date by which countries are identified under subsection (a), transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate, a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including a description of progress made in achieving improved intellectual property protection and market access for persons relying on intellectual property rights.” 1999—Subsec. (b)(2)(A). Pub. L. 106113 substituted “Under Secretary of Commerce for Intellectual Property and Director of the United States Patent and Trademark Office” for “Commissioner of Patents and Trademarks”. 1994—Subsec. (b)(4). Pub. L. 103465, § 313(1), added par. (4). Subsec. (d)(3). Pub. L. 103465, § 313(2)(A), amended introductory provisions generally. Prior to amendment, introductory provisions read as follows: “A foreign country denies fair and equitable market access if the foreign country effectively denies access to a market for a product protected by a copyright, patent, or process patent through the use of laws, procedures, practices, or regulations which—”. Subsec. (d)(4). Pub. L. 103465, § 313(2)(B), added par. (4). Subsec. (g). Pub. L. 103465, § 313(3), added subsec. (g). 1993—Subsec. (f). Pub. L. 103182 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date of 2020 AmendmentPub. L. 116113, title V, § 506(b), Jan. 29, 2020, 134 Stat. 78, provided that: “The amendment made by subsection (a) [amending this section] shall take effect on the date on which the USMCA enters into force [July 1, 2020].” [For definition of “USMCA” as used in section 506(b) of Pub. L. 116113, set out above, see section 4502 of this title.]
Effective Date of 1999 AmendmentAmendment by Pub. L. 106113 effective 4 months after Nov. 29, 1999, see section 1000(a)(9) [title IV, § 4731] of Pub. L. 106113, set out as a note under section 1 of Title 35, Patents.
Effective Date of 1994 AmendmentAmendment by Pub. L. 103465 effective on the date on which the WTO Agreement enters into force with respect to the United States (Jan. 1, 1995), see section 316 of Pub. L. 103465, set out as an Effective Date note under section 3581 of this title.
Effective Date of 1993 AmendmentAmendment by Pub. L. 103182 effective on the date the North American Free Trade Agreement enters into force with respect to the United States [Jan. 1, 1994], see section 516(a) of Pub. L. 103182, formerly set out as an Effective Date note under former section 3461 of this title.
Construction of 2016 AmendmentPub. L. 114125, title VI, § 610(b)(3), Feb. 24, 2016, 130 Stat. 192, provided that: “Nothing in this subsection [amending this section and enacting provisions set out as a note below] or the amendment made by this subsection shall be construed as limiting the authority of the President or the United States Trade Representative to develop action plans other than action plans described in section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), or to take any action otherwise authorized by law in response to the failure of a foreign country to provide adequate and effective protection and enforcement of intellectual property rights.”
Use of Trade Enforcement Trust Funds To Facilitate Compliance with Intellectual Property Protection Benchmarks by Developing CountriesPub. L. 114125, title VI, § 610(b)(2), Feb. 24, 2016, 130 Stat. 192, provided that: “(A) In general.—Amounts from the Trade Enforcement Trust Fund established under section 611 [19 U.S.C. 4405] may be expended by the United States Trade Representative, only as provided by appropriations Acts, to provide assistance to any developing country to which an action plan applies under section 182(g) of the Trade Act of 1974 [19 U.S.C. 2242(g)], as amended by paragraph (1), to facilitate the efforts of the developing country to comply with the benchmarks contained in the action plan. Such assistance may include capacity building, activities designed to increase awareness of intellectual property rights, and training for officials responsible for enforcing intellectual property rights in the developing country. “(B) Developing country defined.—In this paragraph, the term developing country means a country classified by the World Bank as having a low-income or lower-middle-income economy.”
Procurement From Countries That Deny Adequate and Effective Protection of Intellectual Property RightsPub. L. 101189, div. A, title VIII, § 852, Nov. 29, 1989, 103 Stat. 1517, as amended by Pub. L. 101510, div. A, title XIII, § 1302(a), Nov. 5, 1990, 104 Stat. 1668, provided that it is the sense of Congress that it be a very important consideration in procurement of property, services, or technology by the Department of Defense whether such procurement is from any person of any country which has been identified by the United States Trade Representative as denying adequate and effective protection of intellectual property rights or fair and equitable market access to United States persons that rely upon intellectual property protection.
Identification of Countries That Deny Adequate and Effective Protection of Intellectual Property RightsPub. L. 100418, title I, § 1303(a), Aug. 23, 1988, 102 Stat. 1179, provided that: “(1) The Congress finds that—“(A) international protection of intellectual property rights is vital to the international competitiveness of United States persons that rely on protection of intellectual property rights; and “(B) the absence of adequate and effective protection of United States intellectual property rights, and the denial of fair and equitable market access, seriously impede the ability of the United States persons that rely on protection of intellectual property rights to export and operate overseas, thereby harming the economic interests of the United States. “(2) The purpose of this section [enacting this section and this note] is to provide for the development of an overall strategy to ensure adequate and effective protection of intellectual property rights and fair and equitable market access for United States persons that rely on protection of intellectual property rights.”
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# 19 U.S.C. § 2251 - Action to facilitate positive adjustment to import competition
## Text
(a) Presidential action If the United States International Trade Commission (hereinafter referred to in this part as the “Commission”) determines under section 2252(b) of this title that an article is being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat thereof, to the domestic industry producing an article like or directly competitive with the imported article, the President, in accordance with this part, shall take all appropriate and feasible action within his power which the President determines will facilitate efforts by the domestic industry to make a positive adjustment to import competition and provide greater economic and social benefits than costs.
(b) Positive adjustment to import competition (1) For purposes of this part, a positive adjustment to import competition occurs when—
(A) the domestic industry—
(i) is able to compete successfully with imports after actions taken under section 2254 of this title terminate, or
(ii) the domestic industry experiences an orderly transfer of resources to other productive pursuits; and
(B) dislocated workers in the industry experience an orderly transition to productive pursuits.
(2) The domestic industry may be considered to have made a positive adjustment to import competition even though the industry is not of the same size and composition as the industry at the time the investigation was initiated under section 2252(b) of this title.
(Pub. L. 93618, title II, § 201, Jan. 3, 1975, 88 Stat. 2011; Pub. L. 9639, title I, § 106(b)(3), July 26, 1979, 93 Stat. 193; Pub. L. 98573, title II, § 249, Oct. 30, 1984, 98 Stat. 2998; Pub. L. 100418, title I, § 1401(a), Aug. 23, 1988, 102 Stat. 1225.)
## Notes
Editorial Notes
Amendments1988—Pub. L. 100418, in amending section generally, substituted provisions relating to action to facilitate positive adjustment to import competition for provisions relating to investigation by International Trade Commission. See section 2252 of this title. 1984—Subsec. (b)(2)(B). Pub. L. 98573, § 249(1)(A), substituted “inventory (whether maintained by domestic producers, importers, wholesalers, or retailers), and” for “inventory, and”. Subsec. (b)(2)(D). Pub. L. 98573, § 249(1)(B)(D), added subpar. (D). Subsec. (b)(7). Pub. L. 98573, § 249(2), added par. (7). 1979—Subsec. (b)(6). Pub. L. 9639 substituted “subtitles A and B of title VII or section 337 of the Tariff Act of 1930” for “the Antidumping Act, 1921, section 303 or 337 of the Tariff Act of 1930”.
Statutory Notes and Related Subsidiaries
Effective Date of 1988 AmendmentPub. L. 100418, title I, § 1401(c), Aug. 23, 1988, 102 Stat. 1241, provided that: “The amendments made by subsections (a) and (b) [enacting section 2254 of this title and amending sections 1330, 2133, 2251 to 2253, 2274, 2354, and 2703 of this title and provisions set out as a note under section 2112 of this title] shall take effect on the date of the enactment of this Act [Aug. 23, 1988] and shall apply with respect to investigations initiated under chapter 1 of title II of the Trade Act of 1974 [this part] on or after that date. Any petition filed under section 201 of such chapter [19 U.S.C. 2251] before such date of enactment, and with respect to which the United States International Trade Commission did not make a finding before such date with respect to serious injury or the threat thereof, may be withdrawn and refiled, without prejudice, by the petitioner under section 202(a) of such chapter [19 U.S.C. 2252(a)] (as amended by this section).”
Effective Date of 1984 AmendmentAmendment by Pub. L. 98573 effective on 15th day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98573, set out as a note under section 1304 of this title.
Effective Date of 1979 AmendmentAmendment by Pub. L. 9639 effective Jan. 1, 1980, see section 107 of Pub. L. 9639, set out as an Effective Date note under section 1671 of this title.
Study on Trade Adjustment Assistance for FishermenPub. L. 107210, div. A, title I, § 143, Aug. 6, 2002, 116 Stat. 953, required Secretary of Commerce, not later than 1 year after Aug. 6, 2002, to conduct a study and report to Congress on appropriateness and feasibility of a trade adjustment assistance program for fishermen.
Term “Industry” To Include Producers Located in United States Insular PossessionsPub. L. 9867, title II, § 214(f), Aug. 5, 1983, 97 Stat. 393, provided that: “For purposes of chapter 1 of title II of the Trade Act of 1974 [this part], the term industry shall include producers located in the United States insular possessions.”
Executive Documents
Ex. Ord. No. 11913. Collection of Information for Import Relief and Adjustment Assistance Ex. Ord. No. 11913, Apr. 26, 1976, 41 F.R. 17721, provided: By virtue of the authority vested in me by the Constitution and statutes of the United States of America, including Section 332(g) of the Tariff Act of 1930, as amended (19 U.S.C. 1332(g)), and as President of the United States of America, in order to reduce the reporting burden with respect to the collection of information pursuant to Title II of the Trade Act of 1974 (88 Stat. 2011, 19 U.S.C. 2251 et seq.) and consistent with Chapter 35 of Title 44 of the United States Code, it is hereby ordered as follows: Section 1. Whenever the United States International Trade Commission, in connection with investigations pursuant to Section 201 of the Trade Act of 1974 (19 U.S.C. 2251), collects factual data from firms on their sales, production, employment, and financial experience, the Commission shall provide such information to the Secretaries of Commerce and Labor. Sec. 2. The Secretaries of Commerce and Labor shall ensure that the factual data, received pursuant to Section 1, are used solely for the performance of their functions pursuant to Sections 264 and 224, respectively, of the Trade Act of 1974 (19 U.S.C. 2354 and 2274). Gerald R. Ford.
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