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>
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---
type: "LegalText"
title: "19 U.S.C. § 3201"
description: "Authority to grant duty-free treatment"
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title_number: 19
title_name: "CUSTOMS DUTIES"
chapter_number: "20"
chapter_name: "ANDEAN TRADE PREFERENCE"
section: "3201"
citation: "19 U.S.C. § 3201"
status: "current"
release_point: "119-100"
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---
# 19 U.S.C. § 3201 - Authority to grant duty-free treatment
## Text
The President may proclaim duty-free treatment (or other preferential treatment) for all eligible articles from any beneficiary country in accordance with the provisions of this chapter.
(Pub. L. 102182, title II, § 202, Dec. 4, 1991, 105 Stat. 1236; Pub. L. 107210, div. C, title XXXI, § 3103(c)(1), Aug. 6, 2002, 116 Stat. 1033.)
## Notes
Editorial Notes
Amendments2002—Pub. L. 107210 inserted “(or other preferential treatment)” after “treatment”.
Statutory Notes and Related Subsidiaries
Short Title of 2008 AmendmentPub. L. 110191, § 1, Feb. 29, 2008, 122 Stat. 646, provided that: “This Act [amending sections 58c, 3203, and 3206 of this title and enacting provisions set out as a note under section 6655 of Title 26, Internal Revenue Code] may be cited as the Andean Trade Preference Extension Act of 2008.”
Short Title of 2006 AmendmentPub. L. 109432, div. D, title VII, § 7001, Dec. 20, 2006, 120 Stat. 3194, provided that: “This title [amending sections 3203 and 3206 of this title] may be cited as the Andean Trade Preferences Extension Act.”
Short Title of 2002 AmendmentPub. L. 107210, div. C, title XXXI, § 3101, Aug. 6, 2002, 116 Stat. 1023, provided that: “This title [amending sections 2703, 3201 to 3203, 3206, and 3721 of this title and enacting provisions set out as notes under this section and sections 2703, 3202, 3206, and 3721 of this title] may be cited as the Andean Trade Promotion and Drug Eradication Act.”
Short TitlePub. L. 102182, title II, § 201, Dec. 4, 1991, 105 Stat. 1236, provided that: “This title [enacting this chapter] may be cited as the Andean Trade Preference Act.”
Termination of Preferential TreatmentFor termination of preferential treatment, see section 3206 of this title.
FindingsPub. L. 107210, div. C, title XXXI, § 3102, Aug. 6, 2002, 116 Stat. 1023, provided that: “Congress makes the following findings: “(1) Since the Andean Trade Preference Act [19 U.S.C. 3201 et seq.] was enacted in 1991, it has had a positive impact on United States trade with Bolivia, Colombia, Ecuador, and Peru. Two-way trade has doubled, with the United States serving as the leading source of imports and leading export market for each of the Andean beneficiary countries. This has resulted in increased jobs and expanded export opportunities in both the United States and the Andean region. “(2) The Andean Trade Preference Act has been a key element in the United States counternarcotics strategy in the Andean region, promoting export diversification and broad-based economic development that provides sustainable economic alternatives to drug-crop production, strengthening the legitimate economies of Andean countries and creating viable alternatives to illicit trade in coca. “(3) Notwithstanding the success of the Andean Trade Preference Act, the Andean region remains threatened by political and economic instability and fragility, vulnerable to the consequences of the drug war and fierce global competition for its legitimate trade. “(4) The continuing instability in the Andean region poses a threat to the security interests of the United States and the world. This problem has been partially addressed through foreign aid, such as Plan Colombia, enacted by Congress in 2000. However, foreign aid alone is not sufficient. Enhancement of legitimate trade with the United States provides an alternative means for reviving and stabilizing the economies in the Andean region. “(5) The Andean Trade Preference Act constitutes a tangible commitment by the United States to the promotion of prosperity, stability, and democracy in the beneficiary countries. “(6) Renewal and enhancement of the Andean Trade Preference Act will bolster the confidence of domestic private enterprise and foreign investors in the economic prospects of the region, ensuring that legitimate private enterprise can be the engine of economic development and political stability in the region. “(7) Each of the Andean beneficiary countries is committed to conclude negotiation of a Free Trade Area of the Americas by the year 2005, as a means of enhancing the economic security of the region. “(8) Temporarily enhancing trade benefits for Andean beneficiary countries will promote the growth of free enterprise and economic opportunity in these countries and serve the security interests of the United States, the region, and the world.”
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# 19 U.S.C. § 3202 - Beneficiary country
## Text
(a) Definitions For purposes of this chapter—
(1) The term “beneficiary country” means any country listed in subsection (b)(1) with respect to which there is in effect a proclamation by the President designating such country as a beneficiary country for purposes of this chapter.
(2) The term “entered” means entered, or withdrawn from warehouse for consumption, in the customs territory of the United States.
(3) The term “HTS” means Harmonized Tariff Schedule of the United States.
(b) Countries eligible for designation; congressional notification (1) In designating countries as beneficiary countries under this chapter, the President shall consider only the following countries or successor political entities:Bolivia Ecuador Colombia Peru.
(2) Before the President designates any country as a beneficiary country for purposes of this chapter, he shall notify the House of Representatives and the Senate of his intention to make such designation, together with the considerations entering into such decision.
(c) Limitations on designation The President shall not designate any country a beneficiary country under this chapter—
(1) if such country is a Communist country;
(2) if such country—
(A) has nationalized, expropriated or otherwise seized ownership or control of property owned by a United States citizen or by a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens,
(B) has taken steps to repudiate or nullify—
(i) any existing contract or agreement with, or
(ii) any patent, trademark, or other intellectual property of,
a United States citizen or a corporation, partnership, or association, which is 50 percent or more beneficially owned by United States citizens, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of property so owned, or
(C) has imposed or enforced taxes or other exactions, restrictive maintenance or operational conditions, or other measures with respect to property so owned, the effect of which is to nationalize, expropriate, or otherwise seize ownership or control of such property, unless the President determines that—
(i) prompt, adequate, and effective compensation has been or is being made to such citizen, corporation, partnership, or association,
(ii) good-faith negotiations to provide prompt, adequate, and effective compensation under the applicable provisions of international law are in progress, or such country is otherwise taking steps to discharge its obligations under international law with respect to such citizen, corporation, partnership, or association, or
(iii) a dispute involving such citizen, corporation, partnership, or association, over compensation for such a seizure has been submitted to arbitration under the provisions of the Convention for the Settlement of Investment Disputes, or in another mutually agreed upon forum, and
promptly furnishes a copy of such determination to the Senate and House of Representatives;
(3) if such country fails to act in good faith in recognizing as binding or in enforcing arbitral awards in favor of United States citizens or a corporation, partnership, or association which is 50 percent or more beneficially owned by United States citizens, which have been made by arbitrators appointed for each case or by permanent arbitral bodies to which the parties involved have submitted their dispute;
(4) if such country affords preferential treatment to the products of a developed country, other than the United States, and if such preferential treatment has, or is likely to have, a significant adverse effect on United States commerce, unless the President—
(A) has received assurances satisfactory to him that such preferential treatment will be eliminated or that action will be taken to assure that there will be no such significant adverse effect, and
(B) reports those assurances to the Congress;
(5) if a government-owned entity in such country engages in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent or such country fails to work towards the provision of adequate and effective protection of intellectual property rights;
(6) unless such country is a signatory to a treaty, convention, protocol, or other agreement regarding the extradition of United States citizens; and
(7) if such country has not or is not taking steps to afford internationally recognized worker rights (as defined in section 2467(4) of this title) to workers in the country (including any designated zone in that country).
Paragraphs (1), (2), (3), (5), and (7) shall not prevent the designation of any country as a beneficiary country under this chapter if the President determines that such designation will be in the national economic or security interest of the United States and reports such determination to the Congress with his reasons therefor.
(d) Factors affecting designation In determining whether to designate any country a beneficiary country under this chapter, the President shall take into account—
(1) an expression by such country of its desire to be so designated;
(2) the economic conditions in such country, the living standards of its inhabitants, and any other economic factors which he deems appropriate;
(3) the extent to which such country has assured the United States it will provide equitable and reasonable access to the markets and basic commodity resources of such country;
(4) the degree to which such country follows the accepted rules of international trade provided for under the WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title);
(5) the degree to which such country uses export subsidies or imposes export performance requirements or local content requirements which distort international trade;
(6) the degree to which the trade policies of such country as they relate to other beneficiary countries are contributing to the revitalization of the region;
(7) the degree to which such country is undertaking self-help measures to protect its own economic development;
(8) whether or not such country has taken or is taking steps to afford to workers in that country (including any designated zone in that country) internationally recognized worker rights;
(9) the extent to which such country provides under its law adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property, including patent, trademark, and copyright rights;
(10) the extent to which such country prohibits its nationals from engaging in the broadcast of copyrighted material, including films or television material, belonging to United States copyright owners without their express consent;
(11) whether such country has met the narcotics cooperation certification criteria set forth in section 2291(h)(2)(A) 11 See References in Text note below. of title 22 for eligibility for United States assistance; and
(12) the extent to which such country is prepared to cooperate with the United States in the administration of the provisions of this chapter.
(e) Withdrawal or suspension of designation (1) (A) The President may—
(i) withdraw or suspend the designation of any country as a beneficiary country, or
(ii) withdraw, suspend, or limit the application of duty-free treatment under this chapter to any article of any country,
if, after such designation, the President determines that as a result of changed circumstances such a country should be barred from designation as a beneficiary country.
(B) The President may, after the requirements of paragraph (2) have been met—
(i) withdraw or suspend the designation of any country as an ATPDEA beneficiary country, or
(ii) withdraw, suspend, or limit the application of preferential treatment under section 3203(b)(1), (3), or (4) of this title to any article of any country,
if, after such designation, the President determines that, as a result of changed circumstances, the performance of such country is not satisfactory under the criteria set forth in section 3203(b)(6)(B) of this title.
(2) (A) The President shall publish in the Federal Register notice of the action the President proposes to take under paragraph (1) at least 30 days before taking such action.
(B) The United States Trade Representative shall, within the 30-day period beginning on the date on which the President publishes under subparagraph (A) notice of proposed action—
(i) accept written comments from the public regarding such proposed action,
(ii) hold a public hearing on such proposed action, and
(iii) publish in the Federal Register—
(I) notice of the time and place of such hearing prior to the hearing, and
(II) the time and place at which such written comments will be accepted.
(f) Reporting requirements (1) In general Not later than June 30, 2010, and annually thereafter during the period this chapter is in effect, the United States Trade Representative shall submit to the Congress a report regarding the operation of this chapter, including—
(A) with respect to subsections (c) and (d), the results of a general review of beneficiary countries based on the considerations described in such subsections; and
(B) the performance of each beneficiary country or ATPEA 22 So in original. Probably should be “ATPDEA”. beneficiary country, as the case may be, under the criteria set forth in section 3203(b)(6)(B) of this title.
(2) Public comment Before submitting the report described in paragraph (1), the United States Trade Representative shall publish a notice in the Federal Register requesting public comments on whether beneficiary countries are meeting the criteria listed in section 3203(b)(6)(B) of this title.
(Pub. L. 102182, title II, § 203, Dec. 4, 1991, 105 Stat. 1236; Pub. L. 103465, title VI, § 621(a)(3), Dec. 8, 1994, 108 Stat. 4992; Pub. L. 104188, title I, § 1954(a)(2), Aug. 20, 1996, 110 Stat. 1927; Pub. L. 106200, title II, § 211(c)(2), May 18, 2000, 114 Stat. 287; Pub. L. 107210, div. C, title XXXI, § 3103(b), (e), Aug. 6, 2002, 116 Stat. 1033; Pub. L. 111124, § 2(c), Dec. 28, 2009, 123 Stat. 3484; Pub. L. 111344, title II, § 201(d), Dec. 29, 2010, 124 Stat. 3616.)
## Notes
Editorial Notes
References in TextThe Harmonized Tariff Schedule of the United States, referred to in subsec. (a)(3), is not set out in the Code. See Publication of Harmonized Tariff Schedule note set out under section 1202 of this title. Subsec. (h) of section 2291 of title 22, referred to in subsec. (d)(11), was repealed by Pub. L. 102583, § 6(b)(2), Nov. 2, 1992, 106 Stat. 4932. For successor provisions to former subsec. (h), see sections 2291j and 2291k of Title 22, Foreign Relations and Intercourse. This chapter, referred to in subsec. (d)(12), was in the original “this Act” and was translated as reading “this title”, meaning title II of Pub. L. 102182 which enacted this chapter, to reflect the probable intent of Congress.
Amendments2010—Subsec. (f)(1). Pub. L. 111344 substituted “annually” for “every 2 years” in introductory provisions. 2009—Subsec. (f)(1). Pub. L. 111124 substituted “June 30, 2010” for “April 30, 2003”. 2002—Subsec. (e)(1). Pub. L. 107210, § 3103(b), designated existing provisions as subpar. (A), redesignated former subpars. (A) and (B) as cls. (i) and (ii), respectively, of subpar. (A), and added subpar. (B). Subsec. (f). Pub. L. 107210, § 3103(e), substituted “Reporting requirements” for “Report” in heading and amended text generally. Prior to amendment, text read as follows: “Not later than January 31, 2001, the President shall submit to the Congress a complete report regarding the operation of this chapter, including the results of a general review of beneficiary countries based on the considerations described in subsections (c) and (d) of this section. In reporting on the considerations described in subsection (d)(11) of this section, the President shall report any evidence that the crop eradication and crop substitution efforts of the beneficiary are directly related to the effects of this chapter.” 2000—Subsec. (f). Pub. L. 106200 substituted “Report” for “Triennial report” in heading and “Not later than January 31, 2001” for “On or before the 3rd, 6th, and 9th anniversaries of December 4, 1991” in text. 1996—Subsec. (c)(7). Pub. L. 104188 substituted “2467(4) of this title” for “2462(a)(4) of this title”. 1994—Subsec. (d)(4). Pub. L. 103465 substituted “WTO Agreement and the multilateral trade agreements (as such terms are defined in paragraphs (9) and (4), respectively, of section 3501 of this title)” for “General Agreement on Tariffs and Trade, as well as applicable trade agreements approved under section 2503(a) of this title”.
Statutory Notes and Related Subsidiaries
Effective Date of 1996 AmendmentAmendment by Pub. L. 104188 applicable to articles entered on or after Oct. 1, 1996, with provisions relating to retroactive application, see section 1953 of Pub. L. 104188, set out as an Effective Date note under section 2461 of this title.
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 621(b) of Pub. L. 103465, set out as a note under section 1677k of this title.
Petitions for ReviewPub. L. 107210, div. C, title XXXI, § 3103(d), Aug. 6, 2002, 116 Stat. 1033, provided that: “(1) In general.—Not later than 180 days after the date of the enactment of this Act [Aug. 6, 2002], the President shall promulgate regulations regarding the review of eligibility of articles and countries under the Andean Trade Preference Act [19 U.S.C. 3201 et seq.], consistent with section 203(e) of such Act [19 U.S.C. 3202(e)], as amended by this title. “(2) Content of regulations.—The regulations shall be similar to the regulations regarding eligibility under the generalized system of preferences under title V of the Trade Act of 1974 [19 U.S.C. 2461 et seq.] with respect to the timetable for reviews and content, and shall include procedures for requesting withdrawal, suspension, or limitations of preferential duty treatment under the Andean Trade Preference Act, conducting reviews of such requests, and implementing the results of the reviews.” [For delegation of functions of President under section 3103(d) of Pub. L. 107210, set out above, see section 2(a) of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title.]
Executive Documents
Delegation of Authority Functions of President under subsec. (e)(2)(A) of this section, related to publishing notice of proposal to suspend designation of Bolivia as beneficiary country, were delegated to United States Trade Representative by Memorandum of the President of the United States, Sept. 25, 2008, 73 F.R. 56701. For delegation of functions of President under div. C of Pub. L. 107210, amending this section, see section 2 of Ex. Ord. No. 13277, Nov. 19, 2002, 67 F.R. 70305, set out as a note under section 3801 of this title. Functions of President under subsec. (e)(2)(A), related to publishing notice of proposed actions, delegated to United States Trade Representative, see Proc. No. 7616, Oct. 31, 2002, 67 F.R. 67283, set out as a note under section 3203 of this title.
Presidential Designation of Beneficiary Countries The following countries were designated as beneficiary countries for purposes of this chapter: Bolivia, Proc. No. 6456, July 2, 1992, 57 F.R. 30097; designation suspended by Proc. No. 8323, Nov. 25, 2008, 73 F.R. 72679, effective Dec. 15, 2008. Colombia, Proc. No. 6455, July 2, 1992, 57 F.R. 30069. Peru, Proc. No. 6585, Aug. 11, 1993, 58 F.R. 43239.
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# 19 U.S.C. § 3204 - International Trade Commission reports on impact of this chapter
## Text
(a) Reporting requirements (1) In general The United States International Trade Commission (in this section referred to as the “Commission”) shall submit to Congress and the President biennial reports regarding the economic impact of this chapter on United States industries and consumers, and, in conjunction with other agencies, the effectiveness of this chapter in promoting drug-related crop eradication and crop substitution efforts of the beneficiary countries.
(2) Submission During the period that this chapter is in effect, the report required by paragraph (1) shall be submitted on December 31 of each year that the report required by section 2704 of this title is not submitted.
(3) Treatment of Puerto Rico, etc. For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States are considered to be United States industries.
(b) Report requirements (1) Each report required under subsection (a) shall include, but not be limited to, an assessment by the Commission regarding—
(A) the actual effect, during the period covered by the report, of this chapter on the United States economy generally as well as on those specific domestic industries which produce articles that are like, or directly competitive with, articles being imported into the United States from beneficiary countries;
(B) the probable future effect that this chapter will have on the United States economy generally, as well as on such domestic industries, before the provisions of this chapter terminate; and
(C) the estimated effect that this chapter has had on the drug-related crop eradication and crop substitution efforts of the beneficiary countries.
(2) In preparing the assessments required under paragraph (1), the Commission shall, to the extent practicable—
(A) analyze the production, trade and consumption of United States products affected by this chapter, 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; and
(B) describe the nature and extent of any significant change in employment, profit levels, and use of productive facilities, and such other conditions as it deems relevant in the domestic industries concerned, which it believes are attributable to this chapter.
(c) Submission dates; public comment (1) Each report required under subsection (a) shall be submitted to the Congress before the close of the 9-month period beginning on the day after the last day of the period covered by the report.
(2) The Commission shall provide an opportunity for the submission by the public, either orally or in writing, or both, of information relating to matters that will be addressed in the reports.
(Pub. L. 102182, title II, § 206, Dec. 4, 1991, 105 Stat. 1243; Pub. L. 106200, title II, § 211(d)(2), May 18, 2000, 114 Stat. 287.)
## Notes
Editorial Notes
Amendments2000—Subsec. (a). Pub. L. 106200 amended heading and text of subsec. (a) generally. Prior to amendment, text read as follows: “The United States International Trade Commission (hereinafter in this section referred to as the Commission) shall prepare, and submit to the Congress, a report regarding the economic impact of this chapter on United States industries and consumers, and, in conjunction with other agencies, the effectiveness of this chapter in promoting drug-related crop eradication and crop substitution efforts of the beneficiary countries, during— “(1) the 24-month period beginning with December 4, 1991; and “(2) each calendar year occurring thereafter until duty-free treatment under this chapter is terminated under section 3206(b) of this title. For purposes of this section, industries in the Commonwealth of Puerto Rico and the insular possessions of the United States shall be considered to be United States industries.”
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# 19 U.S.C. § 3205 - Repealed. Pub. L. 113188, title XII, § 1201, Nov. 26, 2014, 128 Stat. 2023
## Notes
Section, Pub. L. 102182, title II, § 207, Dec. 4, 1991, 105 Stat. 1244, required impact studies and annual reports from the Secretary of Labor.
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# 19 U.S.C. § 3206 - Termination of preferential treatment
## Text
(a) In general No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall—
(1) remain in effect—
(A) with respect to Colombia after July 31, 2013; and
(B) with respect to Peru after December 31, 2010;
(2) remain in effect with respect to Ecuador after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Ecuador during the period beginning on July 1, 2009, and ending on July 31, 2013, unless the President reviews the criteria set forth in section 3202 of this title, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—
(A) the President has determined that Ecuador does not satisfy the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and
(B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title; and
(3) remain in effect with respect to Bolivia after June 30, 2009, except that duty-free treatment and other preferential treatment under this chapter shall remain in effect with respect to Bolivia during the period beginning on July 1, 2009, and ending on December 31, 2009, only if the President reviews the criteria set forth in section 3202 of this title, and on or before June 30, 2009, reports to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives pursuant to subsection (b) that—
(A) the President has determined that Bolivia satisfies the requirements set forth in section 3202(c) of this title for being designated as a beneficiary country; and
(B) in making that determination, the President has taken into account each of the factors set forth in section 3202(d) of this title.
(b) Reports On or before June 30, 2009, the President shall make determinations pursuant to subsections (a)(2)(A) and (a)(3)(A) and report to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives on—
(1) such determinations; and
(2) the reasons for such determinations.
(Pub. L. 102182, title II, § 208, Dec. 4, 1991, 105 Stat. 1244; Pub. L. 107210, div. C, title XXXI, § 3104(a), Aug. 6, 2002, 116 Stat. 1034; Pub. L. 109432, div. D, title VII, § 7002, Dec. 20, 2006, 120 Stat. 3194; Pub. L. 11042, § 1, June 30, 2007, 121 Stat. 235; Pub. L. 110191, § 2(a), Feb. 29, 2008, 122 Stat. 646; Pub. L. 110436, § 1(a), Oct. 16, 2008, 122 Stat. 4976; Pub. L. 111124, § 2(a), Dec. 28, 2009, 123 Stat. 3484; Pub. L. 111344, title II, § 201(a), (b), Dec. 29, 2010, 124 Stat. 3616; Pub. L. 11242, title V, § 501(a), Oct. 21, 2011, 125 Stat. 494.)
## Notes
Editorial Notes
Amendments2011—Subsec. (a)(1)(A), (2). Pub. L. 11242 substituted “July 31, 2013” for “February 12, 2011”. 2010—Subsec. (a)(1). Pub. L. 111344, § 201(a), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “remain in effect with respect to Colombia or Peru after December 31, 2010;”. Subsec. (a)(2). Pub. L. 111344, § 201(b), substituted “February 12, 2011” for “December 31, 2010” in introductory provisions. 2009—Subsec. (a)(1), (2). Pub. L. 111124 substituted “December 31, 2010” for “December 31, 2009”. 2008—Pub. L. 110436 amended section generally. Prior to amendment, text read as follows: “No duty-free treatment or other preferential treatment extended to beneficiary countries under this chapter shall remain in effect after December 31, 2008.” Pub. L. 110191 substituted “December 31, 2008” for “February 29, 2008”. 2007—Pub. L. 11042 struck out subsec. (a) designation and heading at beginning of section, substituted “No” for “Subject to subsection (b), no” and “February 29, 2008” for “June 30, 2007”, and struck out subsec. (b), which provided for certain conditional extensions. 2006—Pub. L. 109432 designated existing provisions as subsec. (a), inserted heading, substituted “Subject to subsection (b), no” for “No” and “June 30, 2007” for “December 31, 2006”, and added subsec. (b). 2002—Pub. L. 107210 substituted “Termination of preferential treatment” for “Effective date and termination of duty-free treatment” in section catchline and amended text generally, substituting provisions establishing a termination date of Dec. 31, 2006, for preferential treatment under this chapter for provisions designated subsecs. (a) and (b) establishing an effective date of Dec. 4, 1991, for this chapter and a termination date 10 years later for duty-free treatment under this chapter.
Statutory Notes and Related Subsidiaries
Effective Date of 2011 AmendmentAmendment by Pub. L. 11242 applicable to articles entered on or after the 15th day after Oct. 21, 2011, with retroactive application for certain liquidations and reliquidations, see section 501(c) of Pub. L. 11242, set out in a note under section 3805 of this title.
Retroactive Application for Certain Liquidations and ReliquidationsPub. L. 107210, div. C, title XXXI, § 3104(b), Aug. 6, 2002, 116 Stat. 1034, provided that: “(1) In general.—Notwithstanding section 514 of the Tariff Act of 1930 [19 U.S.C. 1514] or any other provision of law, and subject to paragraph (3), the entry—“(A) of any article to which duty-free treatment (or preferential treatment) under the Andean Trade Preference Act (19 U.S.C. 3201 et seq.) would have applied if the entry had been made on December 4, 2001, and “(B) that was made after December 4, 2001, and before the date of the enactment of this Act [Aug. 6, 2002], shall be liquidated or reliquidated as if such duty-free treatment (or preferential treatment) applied, and the Secretary of the Treasury shall refund any duty paid with respect to such entry. “(2) Entry.—As used in this subsection, the term entry includes a withdrawal from warehouse for consumption. “(3) Requests.—Liquidation or reliquidation may be made under paragraph (1) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date of the enactment of this Act, that contains sufficient information to enable the Customs Service—“(A) to locate the entry; or “(B) to reconstruct the entry if it cannot be located.” [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.]