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US (United States) Code. Title 19. Chapter 4: Tariff Act of 1930

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-CITE-

19 USC CHAPTER 4 - TARIFF ACT OF 1930 01/06/03

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TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

-HEAD-

CHAPTER 4 - TARIFF ACT OF 1930

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SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

Sec.

1202. Harmonized Tariff Schedule.

SUBTITLE II - SPECIAL PROVISIONS

PART I - MISCELLANEOUS

1301 to 1303. Repealed or Omitted.

1304. Marking of imported articles and containers.

(a) Marking of articles.

(b) Marking of containers.

(d) Marking of compressed gas cylinders.

(e) Marking of certain manhole rings or frames,

covers, and assemblies thereof.

(f) Marking of certain coffee and tea products.

(g) Marking of spices.

(h) Marking of certain silk products.

(i) Additional duties for failure to mark.

(j) Delivery withheld until marked.

(k) Treatment of goods of NAFTA country.

(l) Penalties.

1305. Immoral articles; importation prohibited.

(a) Prohibition of importation.

(b) Enforcement procedures.

(d) Stay of forfeiture proceedings.

(b) Coordination of forfeiture proceedings with

criminal proceedings.

1306. Repealed.

1307. Convict-made goods; importation prohibited.

1308. Prohibition on importation of dog and cat fur products.

(a) Definitions.

(b) Prohibitions.

(d) Publication of names of certain violators.

(e) Reports.

1309. Supplies for certain vessels and aircraft.

(a) Exemption from customs duties and

internal-revenue tax.

(b) Drawback.

States.

(d) Reciprocal privileges.

1310. Free importation of merchandise recovered from sunken and

abandoned vessels.

1311. Bonded manufacturing warehouses.

1312. Bonded smelting and refining warehouses.

(a) Bond; charges against bond.

(b) Cancellation of charges against bond.

(d) Credit for exportation of product other than

refined metal.

(e) General bond for two or more warehouses.

(f) Definitions.

(g) Supervision and cost of labor under this section.

1313. Drawback and refunds.

(a) Articles made from imported merchandise.

(b) Substitution for drawback purposes.

specifications.

(d) Flavoring extracts; medicinal or toilet

preparations; bottled distilled spirits and

wines.

(e) Imported salt for curing fish.

(f) Exportation of meats cured with imported salt.

(g) Materials for construction and equipment of

vessels built for foreigners.

(h) Jet aircraft engines.

(i) Time limitation on exportation.

(j) Unused merchandise drawback.

(k) Use of domestic merchandise acquired in exchange

for imported merchandise of same kind and

quality.

(l) Regulations.

(m) Source of payment.

(n) Refunds, waivers, or reductions under North

American Free Trade Agreement Implementation

Act.

(o) Vessels built for account of resident of NAFTA

country.

(p) Substitution of finished petroleum derivatives.

(q) Packaging material.

(r) Filing drawback claims.

(s) Designation of merchandise by successor.

(t) Drawback certificates.

(u) Eligibility of entered or withdrawn merchandise.

(v) Multiple drawback claims.

(w) Limited applicability for certain agricultural

products.

(x) Drawbacks for recovered materials.

1313a. Appropriations for refunds, drawbacks, bounties, etc.

1314. Repealed.

1315. Effective date of rates of duty.

(a) Articles entered or withdrawn from warehouse for

consumption.

(b) Articles removed from intended place of release.

(d) Effective date of administrative rulings

resulting in higher rates.

1316. Omitted.

1317. Tobacco products; supplies for certain vessels and aircraft.

(a) Exportation of tobacco products.

(b) Exportation of supplies for certain vessels and

aircraft.

1318. Emergencies.

1319. Duty on coffee imported into Puerto Rico.

1319a. Duty on coffee; ratification of duties imposed by

Legislature of Puerto Rico.

1320. Repealed.

1321. Administrative exemptions.

(a) Disregard of minor discrepancies in collection of

taxes and duties; admission of articles free of

duty or tax; limit on amount of exemption.

(b) Reduction or modification of exemption.

1322. International traffic and rescue work; United States-Mexico

Boundary Treaty of 1970.

(a) Vehicles and other instruments of international

traffic except communications satellites.

(b) Rescue and relief equipment; personal property

related to use of land under United

States-Mexico Boundary Treaty of 1970; forfeit

of articles to United States.

1323. Conservation of fishery resources.

PART II - UNITED STATES INTERNATIONAL TRADE COMMISSION

1330. Organization of Commission.

(a) Membership.

(b) Terms of office.

(d) Effect of divided vote in certain cases.

(e) Authorization of appropriations.

(f) Treatment of Commission under Paperwork Reduction

Act.

1331. General powers.

(a) Administration.

(b) Application of civil service law.

(d) Principal office at Washington.

(e) Office at New York.

(f) Official seal.

1332. Investigations.

(a) Investigations and reports.

(b) Investigations of tariff relations.

(d) Information for President and Congress.

(e) Definitions.

(f) Omitted.

(g) Reports to President and Congress.

1332a. Importation of red cedar shingles.

(a) Investigation by Commission.

(b) Duty on imported shingles; amount.

1333. Testimony and production of papers.

(a) Authority to obtain information.

(b) Witnesses and evidence.

(d) Depositions.

(e) Fees and mileage of witnesses.

(f) Statements under oath.

(g) Representation in court proceedings.

(h) Administrative protective orders.

1334. Cooperation with other agencies.

1335. Rules and regulations.

1336. Equalization of costs of production.

(a) Change of classification or duties.

(b) Repealed.

(d) Effective date of rates and changes.

(e) Ascertainment of differences in costs of

production.

(f) Modification of changes in duty.

(g) Prohibition against transfers from the free list

to the dutiable list or from the dutiable list

to the free list.

(h) Definitions.

(i) Rules and regulations of President.

(j) Repealed.

(k) Investigations prior to June 17, 1930.

1337. Unfair practices in import trade.

(a) Unlawful activities; covered industries;

definitions.

(b) Investigation of violations by Commission.

(d) Exclusion of articles from entry.

(e) Exclusion of articles from entry during

investigation except under bond; procedures

applicable; preliminary relief.

(f) Cease and desist orders; civil penalty for

violation of orders.

(g) Exclusion from entry or cease and desist order;

conditions and procedures applicable.

(h) Sanctions for abuse of discovery and abuse of

process.

(i) Forfeiture.

(j) Referral to President.

(k) Period of effectiveness; termination of violation

or modification or rescission of exclusion or

order.

(l) Importation by or for United States.

(m) ''United States'' defined.

(n) Disclosure of confidential information.

1337a. Repealed.

1338. Discrimination by foreign countries.

(a) Additional duties.

(b) Exclusion from importation.

(d) Duties to offset commercial disadvantages.

(e) Duties to offset benefits to third country.

(f) Forfeiture of articles.

(g) Ascertainment by Commission of discriminations.

(h) Rules and regulations of Secretary of the

Treasury.

(i) ''Foreign country'' defined.

1339. Trade Remedy Assistance Office.

(a) Establishment; public information.

(b) Procedural assistance by Office and other

agencies.

1340. Omitted.

1341. Interference with functions of Commission.

(a) Interfering with or influencing the Commission or

its employees.

(b) Penalty.

PART III - PROMOTION OF FOREIGN TRADE

1351. Foreign trade agreements.

(a) Authority of President; modification and decrease

of duties; altering import restrictions.

(b) Cuba; preferential customs treatment; decrease of

rates.

(d) Rate basis for additional increases or decreases;

restoration of terminated treaties forbidden.

(e) Repealed.

(f) Information and advice from industry,

agriculture, and labor.

1352. Equalization of costs of production.

(a) Application to importation of articles under

foreign-trade agreement.

(b) Termination of foreign trade agreement.

1352a. Repealed.

1353. Indebtedness of foreign countries, effect on.

1354. Notice of intention to negotiate agreement; opportunity to be

heard; President to seek information and advice.

1355 to 1356j. Repealed or Omitted.

1356k. Importation of coffee under International Coffee Agreement,

1983; Presidential powers and duties.

1356l. ''Coffee'' defined.

1356m to 1359. Repealed.

1360. Investigation before trade negotiations.

(a) Report by International Trade Commission.

(b) Procedures and determinations.

1361. Action by President; reports to Congress.

(a) Transmittal by President of trade agreement and

message to Congress.

(b) Transmittal by Commission of copy of report to

the President to Congressional committees.

1362 to 1365. Repealed.

1366. General Agreement on Tariff and Trade unaffected.

1367. Repealed.

SUBTITLE III - ADMINISTRATIVE PROVISIONS

PART I - DEFINITIONS AND NATIONAL CUSTOMS AUTOMATION PROGRAM

SUBPART A - DEFINITIONS

1401. Miscellaneous.

(a) Vessel.

(b) Vehicle.

(d) Person.

(e) Master.

(f) Day.

(g) Night.

(h) United States.

(i) Officer of the customs; customs officer.

(j) Customs waters.

(k) Hovering vessel.

(l) Secretary.

(m) Controlled substance.

(n) Electronic transmission.

(o) Electronic entry.

(p) Electronic data interchange system.

(q) National Customs Automation Program.

(r) Import activity summary statement.

(s) Reconciliation.

1401a. Value.

(a) Generally.

(b) Transaction value of imported merchandise.

similar merchandise.

(d) Deductive value.

(e) Computed value.

(f) Value if other values cannot be determined or

used.

(g) Special rules.

(h) Definitions.

1402. Repealed.

SUBPART B - NATIONAL CUSTOMS AUTOMATION PROGRAM

1411. National Customs Automation Program.

(a) Establishment.

(b) Participation in Program.

1412. Program goals.

1413. Implementation and evaluation of Program.

(a) Overall Program plan.

(b) Implementation plan, testing, and evaluation.

1414. Remote location filing.

(a) Core entry information.

(b) Additional entry information.

(d) Definitions.

PART II - REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES

1431. Manifests.

(a) In general.

(b) Production of manifest.

information.

(d) Regulations.

1431a. Documentation of waterborne cargo.

(a) Applicability.

(b) Documentation required.

(d) Reporting of undocumented cargo.

(e) Assessment of penalties.

(f) Seizure of undocumented cargo.

(g) Effect on other provisions.

1432, 1432a. Repealed.

1433. Report of arrival of vessels, vehicles, and aircraft.

(a) Vessel arrival.

(b) Vehicle arrival.

(d) Presentation of documentation.

(e) Prohibition on departures and discharge.

1434. Entry; vessels.

(a) Formal entry.

(b) Preliminary entry.

1435 to 1435b. Repealed or Transferred.

1436. Penalties for violations of arrival, reporting, entry, and

clearance requirements.

(a) Unlawful acts.

(b) Civil penalty.

(d) Additional civil penalty.

1437. Repealed.

1438. Unlawful return of foreign vessel's papers.

1439, 1440. Repealed.

1441. Exceptions to vessel entry and clearance requirements.

1442. Residue cargo.

1443 to 1445. Repealed.

1446. Supplies and stores retained on board.

1447. Place of entry and unlading.

1448. Unlading.

(a) Permits and preliminary entries.

(b) Special delivery permit.

1449. Unlading at port of entry.

1450. Unlading on Sundays, holidays, or during overtime hours.

1451. Extra compensation.

1451a. Repealed.

1452. Lading on Sundays, holidays, or at night.

1453. Lading and unlading of merchandise or baggage; penalties.

1454. Unlading of passengers; penalty.

1455. Boarding and discharging inspectors.

1456. Compensation and expenses of inspectors between ports;

reimbursement.

1457. Time for unlading.

1458. Bulk cargo, time for unlading.

1459. Reporting requirements for individuals.

(a) Individuals arriving other than by conveyance.

(b) Individuals arriving by reported conveyance.

(d) Departure from designated customs facilities.

(e) Unlawful acts.

(f) Civil penalty.

(g) Criminal penalty.

1460. Repealed.

1461. Inspection of merchandise and baggage.

1462. Forfeiture.

1463. Sealed vessels and vehicles.

1464. Penalties in connection with sealed vessels and vehicles.

1465. Repealed.

1466. Equipment and repairs of vessels.

(a) Vessels subject to duty; penalties.

(b) Notice.

(d) Remission for necessary repairs.

(e) Exclusions for arrivals two or more years after

last departure.

(f) Civil aircraft exception.

(g) Fish net and netting purchases and repairs.

(h) Foreign repair of vessels.

1467. Special inspection, examination, and search.

PART III - ASCERTAINMENT, COLLECTION, AND RECOVERY OF DUTIES

1481. Invoice; contents.

(a) In general.

(b) Shipments not purchased and not shipped by

manufacturer.

(d) Exceptions by regulations.

1482, 1483. Repealed.

1484. Entry of merchandise.

(a) Requirement and time.

(b) Reconciliation.

(d) Signing and contents.

(e) Production of invoice.

(f) Statistical enumeration.

(g) Statement of cost of production.

(h) Admissibility of data electronically transmitted.

(i) Special rule for foreign trade zone operations.

(j) Treatment of multiple entries of merchandise as

single transaction.

1484a. Articles returned from space not to be construed as

importation.

1484b. Deferral of duty on large yachts imported for sale at United

States boat shows.

(a) In general.

(b) Definition.

(d) Procedures upon sale.

(e) Procedures upon expiration of bond period.

(f) Regulations.

1485. Declaration.

(a) Requirement; form and contents.

(b) Books and periodicals.

(d) Liability of importer of record for increased

duties.

(e) Separate forms for purchase and nonpurchase

importations.

(f) Deceased or insolvent persons; partnerships and

corporations.

(g) Exported merchandise returned as undeliverable.

1486. Administration of oaths.

(a) Customs officers.

(b) Postmasters.

(d) Verification in lieu of oath.

1487. Value in entry; amendment.

1488, 1489. Repealed.

1490. General orders.

(a) Incomplete entry.

(b) Request for possession by Customs.

1491. Unclaimed merchandise; disposition of forfeited distilled

spirits, wines and malt liquor.

(a) Appraisal and sale of unclaimed merchandise.

(b) Notice of title vesting in United States.

disposition.

(d) Petition.

(e) Appraisal and sale or other disposition of

forfeited distilled spirits, wines, and malt

liquor.

1492. Destruction of abandoned or forfeited merchandise.

1493. Proceeds of sale.

1494. Expense of weighing and measuring.

1495. Partnership bond.

1496. Examination of baggage.

1496a. Clearance restrictions of individuals returning from abroad;

special circumstances; ''baggage and effects'' defined.

1497. Penalties for failure to declare.

(a) In general.

(b) Value of controlled substances.

1498. Entry under regulations.

(a) Authorized for certain merchandise.

(b) Application of general provisions.

1499. Examination of merchandise.

(a) Entry examination.

(b) Testing laboratories.

1500. Appraisement, classification, and liquidation procedure.

1501. Voluntary reliquidations by Customs Service.

1502. Regulations for appraisement and classification.

(a) Powers of Secretary of the Treasury.

(b) Duties of customs officers.

1503. Dutiable value.

1503a. Repealed.

1504. Limitation on liquidation.

(a) Liquidation.

(b) Extension.

(d) Removal of suspension.

1505. Payment of duties and fees.

(a) Deposit of estimated duties and fees.

(b) Collection or refund of duties, fees, and

interest due upon liquidation or reliquidation.

(d) Delinquency.

1506. Allowance for abandonment and damage.

1507. Tare and draft.

(a) In general.

(b) Crude oil and petroleum products.

1508. Recordkeeping.

(a) Requirements.

(b) Exportations to free trade countries.

(d) Limitation.

(e) Subsection (b) penalties.

1509. Examination of books and witnesses.

(a) Authority.

(b) Regulatory audit procedures.

(d) Special procedures for third-party summonses.

(e) List of records and information.

(f) Recordkeeping compliance program.

(g) Penalties.

1510. Judicial enforcement.

(a) Order of court.

(b) Sanctions.

1511. Repealed.

1512. Deposit of duty receipts.

1513. Customs officer's immunity.

1514. Protest against decisions of Customs Service.

(a) Finality of decisions; return of papers.

(b) Finality of determinations.

protest.

(d) Limitation on protest of reliquidation.

(e) Advance notice of certain determinations.

(f) Denial of preferential treatment.

1515. Review of protests.

(a) Administrative review and modification of

decisions.

(b) Request for accelerated disposition of protest.

review.

(d) Voiding denial of protest.

1516. Petitions by domestic interested parties.

(a) Request for classification and rate of duty;

petition.

(b) Determination on petition.

classification, or rate of duty.

(d) Appraisal, classification, and liquidation of

entries of merchandise covered by published

decisions of Secretary.

(e) Consignee or his agent as party in interest

before the Court of International Trade.

(f) Appraisement, classification, and assessment of

duty of merchandise covered by published

decision of Secretary in accordance with final

judicial decision of Court of International

Trade or Court of Appeals for the Federal

Circuit sustaining cause of action in whole or

in part; suspension of liquidation of entries;

publication.

(g) Regulations implementing required procedures.

1516a. Judicial review in countervailing duty and antidumping duty

proceedings.

(a) Review of determination.

(b) Standards of review.

(d) Standing.

(e) Liquidation in accordance with final decision.

(f) Definitions.

(g) Review of countervailing duty and antidumping

duty determinations involving free trade area

country merchandise.

1517 to 1519. Repealed.

1520. Refunds and errors.

(a) Cases in which refunds authorized.

(b) Authorization of appropriations.

(d) Goods qualifying under NAFTA rules of origin.

1521, 1522. Repealed or Omitted.

1523. Examination of accounts.

1524. Deposit of reimbursable charges.

1525. Repealed.

1526. Merchandise bearing American trade-mark.

(a) Importation prohibited.

(b) Seizure and forfeiture.

(d) Exemptions; publication in Federal Register;

forfeitures; rules and regulations.

(e) Merchandise bearing counterfeit mark; seizure and

forfeiture; disposition of seized goods.

(f) Civil penalties.

1527. Importation of wild mammals and birds in violation of foreign

law.

(a) Importation prohibited.

(b) Forfeiture.

1528. Taxes not to be construed as duties.

1529. Collection of fees on behalf of other agencies.

PART IV - TRANSPORTATION IN BOND AND WAREHOUSING OF MERCHANDISE

1551. Designation as carrier of bonded merchandise.

1551a. Bonded cartmen or lightermen.

1552. Entry for immediate transportation.

1553. Entry for transportation and exportation; lottery material

from Canada.

1553a. Recordkeeping for merchandise transported by pipeline.

1554. Transportation through contiguous countries.

1555. Bonded warehouses.

(a) Designation; preconditions; bonding requirements;

supervision.

(b) Duty-free sales enterprises.

1556. Bonded warehouses; regulations for establishing.

1557. Entry for warehouse.

(a) Withdrawal of merchandise; time; payment of

charges.

(b) Transferal of right of withdrawal.

consignee.

(d) Withdrawal before payment.

1558. No remission or refund after release of merchandise.

(a) Exceptions.

(b) Payment of duties required notwithstanding export

or destruction of articles; exception.

1559. Warehouse goods deemed abandoned after 5 years.

1560. Leasing of warehouses.

1561. Public stores.

1562. Manipulation in warehouse.

1563. Allowance for loss, abandonment of warehouse goods.

(a) Abatement or allowance for deterioration, loss or

damage to merchandise in customs custody;

exception.

(b) Abandonment of merchandise to Government;

remittal or refund of duties paid.

1564. Liens.

1565. Cartage.

PART V - ENFORCEMENT PROVISIONS

1581. Boarding vessels.

(a) Customs officers.

(b) Officers of Department of the Treasury.

documents.

(d) Penalty for failure to stop at command.

(e) Seizure of vessel or merchandise.

(f) Duty of customs officers to seize vessel.

(g) Vessels deemed employed within United States.

(h) Application of section to treaties of United

States.

1582. Search of persons and baggage; regulations.

1583. Examination of outbound mail.

(a) Examination.

(b) Search of mail not sealed against inspection and

other mail.

in excess of 16 ounces.

(d) Search of mail sealed against inspection weighing

16 ounces or less.

1584. Falsity or lack of manifest; penalties.

(a) General rule.

(b) Procedures.

1585. Repealed.

1586. Unlawful unlading or transshipment.

(a) Penalty for unlading prior to grant of

permission.

(b) Penalty for transshipment to any vessel for

purpose of unlawful entry.

of United States.

(d) Liability of master of receiving vessel in

unlawful transshipment.

(e) Imprisonment of persons aiding in unlawful

unlading or transshipment.

(f) Unlading or transshipment because of accident,

stress of weather, etc.

1587. Examination of hovering vessels.

(a) Boarding and examination.

(b) Unexplained lightness of vessel or discharge of

cargo.

another foreign port.

1588. Transportation between American ports via foreign ports.

1589. Repealed.

1589a. Enforcement authority of customs officers.

1590. Aviation smuggling.

(a) In general.

(b) Sea transfers.

(d) Criminal penalties.

(e) Seizure and forfeiture.

(f) ''Merchandise'' defined.

(g) Intent of transfer of merchandise.

1591. Repealed.

1592. Penalties for fraud, gross negligence, and negligence.

(a) Prohibition.

(b) Procedures.

(d) Deprivation of lawful duties, taxes, or fees.

(e) Court of International Trade proceedings.

(f) False certifications regarding exports to NAFTA

countries.

1592a. Special provisions regarding certain violations.

(a) Publication of names of certain violators.

(b) List of high risk countries.

1593. Repealed.

1593a. Penalties for false drawback claims.

(a) Prohibition.

(b) Procedures.

(d) Deprivation of lawful revenue.

(e) Drawback compliance program.

(f) Alternatives to penalties.

(g) Repetitive violations.

(h) Regulation.

(i) Court of International Trade proceedings.

1594. Seizure of conveyances.

(a) In general.

(b) Exceptions.

(d) Definitions.

(e) Costs and expenses of seizure.

1595. Searches and seizures.

(a) Warrant.

(b) Entry upon property of others.

1595a. Forfeitures and other penalties.

(a) Importation, removal, etc. contrary to laws of

United States.

(b) Penalty for aiding unlawful importation.

1596 to 1598. Repealed.

1599. Officers not to be interested in vessels or cargo.

1600. Application of the customs laws to other seizures by customs

officers.

1601, 1601a. Repealed.

1602. Seizure; report to customs officer.

1603. Seizure; warrants and reports.

1604. Seizure; prosecution.

1605. Seizure; custody; storage.

1606. Seizure; appraisement.

1607. Seizure; value $500,000 or less, prohibited articles,

transporting conveyances.

(a) Notice of seizure.

(b) ''Controlled substance'' and ''listed chemical''

defined.

1608. Seizure; claims; judicial condemnation.

1609. Seizure; summary forfeiture and sale.

(a) In general.

(b) Effect.

1610. Seizure; judicial forfeiture proceedings.

1611. Seizure; sale unlawful.

1612. Seizure; summary sale.

1613. Disposition of proceeds of forfeited property.

(a) Application for remission of forfeiture and

restoration of proceeds of sale; disposition of

proceeds when no application has been made.

(b) Disposition of proceeds in excess of penalty

assessed under section 1592.

(d) Expenses.

1613a. Repealed.

1613b. Customs Forfeiture Fund.

(a) In general.

(b) United States Coast Guard.

(d) Investment.

(e) Annual reports; audits.

(f) Authorization of appropriations.

1614. Release of seized property.

1615. Burden of proof in forfeiture proceedings.

1616. Repealed.

1616a. Disposition of forfeited property.

(a) State proceedings.

(b) Transfer of seized property; notice.

(d) Liability of United States after transfer.

1617. Compromise of Government claims by Secretary of the Treasury.

1618. Remission or mitigation of penalties.

1619. Award of compensation to informers.

(a) In general.

(b) Forfeited property not sold.

(d) Source of payment.

(e) Recovery of bail bond.

1620. Acceptance of money by United States officers.

1621. Limitation of actions.

1622. Foreign landing certificates.

1623. Bonds and other security.

(a) Requirement of bond by regulation.

(b) Conditions and form of bond.

(d) Validity of bond.

(e) Deposit of money or obligation of United States

in lieu of bond.

1624. General regulations.

1625. Interpretive rulings and decisions; public information.

(a) Publication.

(b) Appeals.

(d) Publication of customs decisions that limit court

decisions.

(e) Public information.

1626. Steel products trade enforcement.

(a) Export validation requirement.

(b) Period of applicability.

1627. Repealed.

1627a. Unlawful importation or exportation of certain vehicles;

inspections.

(a) Violations; penalties; seizures and forfeitures.

(b) Regulations; violations; penalties.

(d) Cooperation of law enforcement and governmental

authorities.

1628. Exchange of information.

(a) In general.

(b) Nondisclosure and uses of information provided.

1629. Inspections and preclearance in foreign countries.

(a) In general.

(b) Functions and duties.

(d) Seizures.

(e) Stationing of foreign customs officers in the

United States.

(f) Application of certain laws.

1630. Authority to settle claims.

(a) In general.

(b) Limitations.

1631. Use of private collection agencies.

(a) In general.

(b) Contract requirements.

PART VI - MISCELLANEOUS PROVISIONS

1641. Customs brokers.

(a) Definitions.

(b) Customs broker's licenses.

(d) Disciplinary proceedings.

(e) Judicial appeal.

(f) Regulations by the Secretary.

(g) Triennial reports by customs brokers.

(h) Fees and charges.

1642. Omitted.

1643. Application of customs reorganization act.

1644. Application of section 1644a(b)(1) of this title and section

1518(d) of title 33.

1644a. Ports of entry.

(a) Definitions.

(b) Secretary of the Treasury.

(d) Remission and mitigation of penalties.

(e) Summary seizure of aircraft.

(f) Collection of civil penalties.

(g) Authorization of appropriations.

1645. Transportation and interment of remains of deceased employees

in foreign countries; travel or shipping expenses incurred on

foreign ships.

(a) Transfers in foreign countries.

(b) Transportation on foreign ships.

1646. Repealed.

1646a. Supervision by customs officers.

1646b. Random customs inspections for stolen automobiles being

exported.

1646c. Export reporting requirement.

1647. Repealed.

1648. Uncertified checks, United States notes, and national bank

notes receivable for customs duties.

1649. Change in designation of customs attacheAE1s.

1650. Transferred.

1651. Repeals.

(a) Specific repeals.

(b) General repeal.

modified.

(d) Certain acts not affected.

1652. Separability.

1653. Effective date of chapter.

1653a. Transferred.

1654. Short title.

SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES

PART I - IMPOSITION OF COUNTERVAILING DUTIES

1671. Countervailing duties imposed.

(a) General rule.

(b) Subsidies Agreement country.

imports not entitled to a material injury

determination.

(d) Treatment of international consortia.

(e) Upstream subsidies.

1671a. Procedures for initiating a countervailing duty

investigation.

(a) Initiation by administering authority.

(b) Initiation by petition.

(d) Notification to Commission of determination.

(e) Information regarding critical circumstances.

1671b. Preliminary determinations.

(a) Determination by Commission of reasonable

indication of injury.

(b) Preliminary determination by administering

authority; expedited determinations; waiver of

verification.

complicated cases.

(d) Effect of determination by the administering

authority.

(e) Critical circumstances determinations.

(f) Notice of determination.

(g) Time period where upstream subsidization is

involved.

1671c. Termination or suspension of investigation.

(a) Termination of investigation upon withdrawal of

petition.

(b) Agreements to eliminate or offset completely a

countervailable subsidy or to cease exports of

subject merchandise.

(d) Additional rules and conditions.

(e) Suspension of investigation procedure.

(f) Effects of suspension of investigation.

(g) Investigation to be continued upon request.

(h) Review of suspension.

(i) Violation of agreement.

(j) Determination not to take agreement into account.

(k) Termination of investigations initiated by

administering authority.

(l) Special rule for regional industry

investigations.

1671d. Final determinations.

(a) Final determination by administering authority.

(b) Final determination by Commission.

(d) Publication of notice of determinations.

(e) Correction of ministerial errors.

1671e. Assessment of duty.

(a) Publication of countervailing duty order.

(b) Imposition of duties.

1671f. Treatment of difference between deposit of estimated

countervailing duty and final assessed duty under countervailing

duty orders.

(a) Deposit of estimated countervailing duty under

section 1671b(d)(1)(B) of this title.

(b) Deposit of estimated countervailing duty under

section 1671e(a)(3) of this title.

1671g. Effect of derogation of Export-Import Bank financing.

1671h. Conditional payment of countervailing duties.

(a) In general.

(b) Importer requirements.

PART II - IMPOSITION OF ANTIDUMPING DUTIES

1673. Imposition of antidumping duties.

1673a. Procedures for initiating an antidumping duty investigation.

(a) Initiation by administering authority.

(b) Initiation by petition.

(d) Notification to Commission of determination.

(e) Information regarding critical circumstances.

1673b. Preliminary determinations.

(a) Determination by Commission of reasonable

indication of injury.

(b) Preliminary determination by administering

authority.

complicated cases.

(d) Effect of determination by the administering

authority.

(e) Critical circumstances determinations.

(f) Notice of determination.

1673c. Termination or suspension of investigation.

(a) Termination of investigation upon withdrawal of

petition.

(b) Agreements to eliminate completely sales at less

than fair value or to cease exports of

merchandise.

(d) Additional rules and conditions.

(e) Suspension of investigation procedure.

(f) Effects of suspension of investigation.

(g) Investigation to be continued upon request.

(h) Review of suspension.

(i) Violation of agreement.

(j) Determination not to take agreement into account.

(k) Termination of investigation initiated by

administering authority.

(l) Special rule for nonmarket economy countries.

(m) Special rule for regional industry

investigations.

1673d. Final determinations.

(a) Final determination by administering authority.

(b) Final determination by Commission.

(d) Publication of notice of determinations.

(e) Correction of ministerial errors.

1673e. Assessment of duty.

(a) Publication of antidumping duty order.

(b) Imposition of duty.

determination of duty.

(d) Special rule for regional industries.

1673f. Treatment of difference between deposit of estimated

antidumping duty and final assessed duty under antidumping duty

order.

(a) Deposit of estimated antidumping duty under

section 1673b(d)(1)(B) of this title.

(b) Deposit of estimated antidumping duty under

section 1673e(a)(3) of this title.

1673g. Conditional payment of antidumping duty.

(a) General rule.

(b) Importer requirements.

1673h. Establishment of product categories for short life cycle

merchandise.

(a) Establishment of product categories.

(b) Definitions.

1673i. Repealed.

PART III - REVIEWS; OTHER ACTIONS REGARDING AGREEMENTS

SUBPART A - REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN

QUANTITATIVE RESTRICTION AGREEMENTS

1675. Administrative review of determinations.

(a) Periodic review of amount of duty.

(b) Reviews based on changed circumstances.

(d) Revocation of order or finding; termination of

suspended investigation.

(e) Hearings.

(f) Determination that basis for suspension no longer

exists.

(g) Reviews to implement results of subsidies

enforcement proceeding.

(h) Correction of ministerial errors.

1675a. Special rules for section 1675(b) and 1675(c) reviews.

(a) Determination of likelihood of continuation or

recurrence of material injury.

(b) Determination of likelihood of continuation or

recurrence of a countervailable subsidy.

recurrence of dumping.

1675b. Special rules for injury investigations for certain section

1303 or section 1671(c) countervailing duty orders and

investigations.

(a) In general.

(b) Investigation procedure and schedule.

investigations.

(d) Publication in Federal Register.

(e) Request for simultaneous expedited review under

section 1675(c).

1675c. Continued dumping and subsidy offset.

(a) In general.

(b) Definitions.

(d) Parties eligible for distribution of antidumping

and countervailing duties assessed.

(e) Special accounts.

SUBPART B - CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE

RESTRICTION AGREEMENTS

1676. Required consultations.

(a) Agreements in response to countervailable

subsidies.

(b) Modification of agreements on basis of

consultations.

1671c(c)(3) of this title.

1676a. Required determinations.

(a) In general.

(b) Determinations.

PART IV - GENERAL PROVISIONS

1677. Definitions; special rules.

1677-1. Upstream subsidies.

(a) ''Upstream subsidy'' defined.

(b) Determination of competitive benefit.

1677-2. Calculation of countervailable subsidies on certain

processed agricultural products.

1677a. Export price and constructed export price.

(a) Export price.

(b) Constructed export price.

export price.

(d) Additional adjustments to constructed export

price.

(e) Special rule for merchandise with value added

after importation.

(f) Special rule for determining profit.

1677b. Normal value.

(a) Determination.

(b) Sales at less than cost of production.

(d) Special rule for certain multinational

corporations.

(e) Constructed value.

(f) Special rules for calculation of cost of

production and for calculation of constructed

value.

1677b-1. Currency conversion.

(a) In general.

(b) Sustained movement in foreign currency value.

1677c. Hearings.

(a) Investigation hearings.

(b) Procedures.

1677d. Countervailable subsidy practices discovered during a

proceeding.

1677e. Determinations on basis of facts available.

(a) In general.

(b) Adverse inferences.

1677f. Access to information.

(a) Information generally made available.

(b) Proprietary information.

information under protective order.

(d) Service.

(e) Repealed.

(f) Disclosure of proprietary information under

protective orders issued pursuant to the North

American Free Trade Agreement or the United

States-Canada Agreement.

(g) Information relating to violations of protective

orders and sanctions.

(h) Opportunity for comment by consumers and

industrial users.

(i) Publication of determinations; requirements for

final determinations.

1677f-1. Sampling and averaging; determination of weighted average

dumping margin and countervailable subsidy rate.

(a) In general.

(b) Selection of averages and samples.

(d) Determination of less than fair value.

(e) Determination of countervailable subsidy rate.

1677g. Interest on certain overpayments and underpayments.

(a) General rule.

(b) Rate.

1677h. Drawback treatment.

1677i. Downstream product monitoring.

(a) Petition requesting monitoring.

(b) Monitoring by Commission.

(d) Definitions.

1677j. Prevention of circumvention of antidumping and

countervailing duty orders.

(a) Merchandise completed or assembled in United

States.

(b) Merchandise completed or assembled in other

foreign countries.

(d) Later-developed merchandise.

(e) Commission advice.

(f) Time limits for administering authority

determinations.

1677k. Third-country dumping.

(a) Definitions.

(b) Petition by domestic industry.

domestic industry.

(d) Consultation after submission of application.

(e) Action upon refusal of Agreement country to act.

1677l. Antidumping and countervailing duty collections.

1677m. Conduct of investigations and administrative reviews.

(a) Treatment of voluntary responses in

countervailing or antidumping duty

investigations and reviews.

(b) Certification of submissions.

(d) Deficient submissions.

(e) Use of certain information.

(f) Nonacceptance of submissions.

(g) Public comment on information.

(h) Termination of investigation or revocation of

order for lack of interest.

(i) Verification.

1677n. Antidumping petitions by third countries.

(a) Filing of petition.

(b) Initiation.

(d) Public comment.

(e) Issuance of order.

(f) Reviews of determinations.

(g) Access to information.

SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN

CIGARETTES

1681. Definitions.

1681a. Requirements for entry of certain cigarettes.

(a) General rule.

(b) Exemptions.

imports.

1681b. Enforcement.

(a) Civil penalty.

(b) Forfeitures.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 81c, 3538 of this title;

title 6 section 212; title 7 section 624; title 13 section 301;

title 15 section 69d; title 16 section 1540; title 18 section 983;

title 26 sections 993, 5007; title 33 section 2236; title 42

section 9163.

-CITE-

19 USC SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE

UNITED STATES 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

-HEAD-

SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

-COD-

CODIFICATION

Titles I and II of act June 17, 1930, ch. 497, 46 Stat. 590, 672,

which comprised the dutiable and free lists for articles imported

into the United States, were formerly classified to sections 1001

and 1201 of this title, and were stricken by Pub. L. 87-456, title

I, Sec. 101(a), May 24, 1962, 76 Stat. 72. The Revised Tariff

Schedules, which were classified to section 1202 of this title,

were stricken by Pub. L. 100-418, title I, Sec. 1204(a), Aug. 23,

1988, 102 Stat. 1148, and were replaced by the Harmonized Tariff

Schedule of the United States. See Publication of Harmonized Tariff

Schedule note set out under section 1202 of this title.

-CHANGE-

CHANGE OF NAME

United States Tariff Commission renamed United States

International Trade Commission by Pub. L. 93-618, title I, Sec.

171, Jan. 3, 1975, 88 Stat. 2009, which is classified to section

2231 of this title.

-MISC4-

ENACTMENT OF HARMONIZED TARIFF SCHEDULE

Pub. L. 100-418, title I, Sec. 1204(a), Aug. 23, 1988, 102 Stat.

1148, provided that: ''The Tariff Act of 1930 (this chapter) is

amended by striking out title I and inserting a new title I

entitled 'Title I - Harmonized Tariff Schedule of the United

States' (hereinafter in this subtitle (subtitle B, Sec. 1201 to

1217, of title I, see Tables for classification) referred to as the

'Harmonized Tariff Schedule') which -

''(1) consists of -

''(A) the General Notes;

''(B) the General Rules of Interpretation;

''(C) the Additional U.S. Rules of Interpretation;

''(D) sections I to XXII, inclusive (encompassing chapters 1

to 99, and including all section and chapter notes, article

provisions, and tariff and other treatment accorded thereto);

and

''(E) the Chemical Appendix to the Harmonized Tariff

Schedule;

all conforming to the nomenclature of the Convention and as set

forth in Publication No. 2030 of the Commission entitled

'Harmonized Tariff Schedule of the United States Annotated for

Statistical Reporting Purposes' and Supplement No. 1 thereto; but

''(2) does not include the statistical annotations, notes,

annexes, suffixes, check digits, units of quantity, and other

matters formulated under section 484(e) of the Tariff Act of 1930

(19 U.S.C. 1484(e)), nor the table of contents, footnotes, index,

and other matters inserted for ease of reference, that are

included in such Publication No. 2030 or Supplement No. 1.

thereto.''

(For effective date of Harmonized Tariff Schedule as Jan. 1,

1989, see section 1217(b) of Pub. L. 100-418, set out as an

Effective Date note under section 3001 of this title.)

TARIFF CLASSIFICATION ACT OF 1962; ADOPTION OF REVISED TARIFF

SCHEDULES; ADMINISTRATIVE AND SAVINGS PROVISIONS

Titles I and II of Pub. L. 87-456, May 24, 1962, 76 Stat. 72-75,

as amended by Pub. L. 87-794, title II, Sec. 257(g), Oct. 11, 1962,

76 Stat. 882; Pub. L. 100-418, title I, Sec. 1213(b), Aug. 23,

1988, 102 Stat. 1155, provided for adoption of Revised Tariff

Schedules of the United States and administrative and saving

provisions.

-SECREF-

SUBTITLE REFERRED TO IN OTHER SECTIONS

This subtitle is referred to in section 1336 of this title.

-CITE-

19 USC Sec. 1202 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES

-HEAD-

Sec. 1202. Harmonized Tariff Schedule

-STATAMEND-

PUBLICATION OF HARMONIZED TARIFF SCHEDULE

The Harmonized Tariff Schedule of the United States is not

published in the Code. A current version of the Harmonized Tariff

Schedule is maintained and published periodically by the United

States International Trade Commission and is available for sale

by the Superintendent of Documents, U.S. Government Printing

Office, Washington, D.C. 20402.

-MISC1-

REFERENCE TO TARIFF SCHEDULES TO BE TREATED AS REFERENCE TO

HARMONIZED TARIFF SCHEDULE

Reference in any law to ''Tariff Schedules of the United

States'', ''the Tariff Schedules'', ''such Schedules'', and any

other general reference to the old Schedules to be treated as

reference to Harmonized Tariff Schedule, see section 3012 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 sections 7652, 9504;

title 50 section 98h-4.

-CITE-

19 USC SUBTITLE II - SPECIAL PROVISIONS 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

-HEAD-

SUBTITLE II - SPECIAL PROVISIONS

-CITE-

19 USC Part I - Miscellaneous 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Part I - Miscellaneous

-SECREF-

PART REFERRED TO IN OTHER SECTIONS

This part is referred to in section 1401 of this title.

-CITE-

19 USC Sec. 1301 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1301. Repealed. Apr. 30, 1946, ch. 244, title V, Sec. 511(1),

60 Stat. 158

-MISC1-

Section, act June 17, 1930, ch. 497, title III, Sec. 301, 46

Stat. 685, related to duties and taxes on Philippine articles

coming to the United States and United States articles imported

into the Philippine Islands. Subject matter is covered by

Philippine Trade Act of 1946 (see Short Title note set out under

section 1354 of Title 22, Foreign Relations and Intercourse).

EFFECTIVE DATE OF REPEAL

Repeal effective May 1, 1946, see section 512 of act Apr. 30,

1946, set out as an Effective Date note under section 1354 of Title

22, Foreign Relations and Intercourse.

-CITE-

19 USC Sec. 1301a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1301a. Repealed. Pub. L. 87-456, title III, Sec. 301(a), May

24, 1962, 76 Stat. 75

-MISC1-

Section, act June 17, 1930, ch. 497, title III, Sec. 301, as

added Sept. 1, 1954, ch. 1213, title IV, Sec. 401, 68 Stat. 1139,

related to rates of duty upon articles coming into the United

States from its insular possessions.

-CITE-

19 USC Sec. 1302 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1302. Omitted

-COD-

CODIFICATION

Section, acts June 17, 1930, ch. 497, title III, Sec. 302, 46

Stat. 686; May 17, 1932, ch. 190, 47 Stat. 158, was incorporated as

section 3361(b) of the Internal Revenue Code of 1939. See section

7653 of Title 26, Internal Revenue Code.

-CITE-

19 USC Sec. 1303 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1303. Repealed. Pub. L. 103-465, title II, Sec. 261(a), Dec.

8, 1994, 108 Stat. 4908

-MISC1-

Section, acts June 17, 1930, ch. 497, title III, Sec. 303, 46

Stat. 687; Jan. 3, 1975, Pub. L. 93-618, title III, Sec. 331(a), 88

Stat. 2049; Apr. 3, 1979, Pub. L. 96-6, Sec. 1, 93 Stat. 10; July

26, 1979, Pub. L. 96-39, title I, Sec. 103, 105(a), 93 Stat. 190,

193, provided for the levy of countervailing duties.

EFFECTIVE DATE OF REPEAL

Section 261(a) of title II of Pub. L. 103-465 provided that this

section is repealed ''effective on the effective date of this title

(Jan. 1, 1995, see Effective Date of 1994 Amendment note set out

under section 1671 of this title)''.

SAVINGS PROVISION

Section 261(b), (c) of title II of Pub. L. 103-465 provided that:

''(b) Savings Provisions. -

''(1) Continuing effect of legal documents. - All orders,

determinations, and other administrative actions -

''(A) which have been issued pursuant to an investigation

conducted under section 303 of the Tariff Act of 1930 (19

U.S.C. 1303), and

''(B) which are in effect on the effective date of this title

(Jan. 1, 1995, see Effective Date of 1994 Amendment note set

out under section 1671 of this title), or were final before

such date and are to become effective on or after such date,

shall continue in effect according to their terms until modified,

terminated, superseded, set aside, or revoked in accordance with

law by the administering authority, the International Trade

Commission, or a court of competent jurisdiction, or by operation

of law. Except as provided in paragraph (3), such orders or

determinations shall be subject to review under section 751 of

the Tariff Act of 1930 (19 U.S.C. 1675) and, to the extent

applicable, investigation under section 753 of such Act (19

U.S.C. 1675b) (as added by this title).

''(2) Proceedings not affected. - The provisions of subsection

(a) shall not affect any proceedings, including notices of

proposed rulemaking, pending before the administering authority

or the International Trade Commission on the effective date of

this title with respect to such section 303 (19 U.S.C. 1303).

Orders shall be issued in such proceedings, appeals shall be

taken therefrom, and payments shall be made pursuant to such

orders, in accordance with such section 303 as in effect on the

day before the effective date of this title and, except as

provided in paragraph (3), shall be subject to review under

section 751 of the Tariff Act of 1930 (19 U.S.C. 1675) and, to

the extent applicable, investigation under section 753 of such

Act (19 U.S.C. 1675b). Orders issued in any such proceedings

shall continue in effect until modified, terminated, superseded,

set aside, or revoked in accordance with law by the administering

authority, a court of competent jurisdiction, or by operation of

law. Nothing in this section shall be deemed to prohibit the

discontinuance or modification of any such proceeding under the

same terms and conditions and to the same extent that such

proceeding could have been discontinued or modified if this

section had not been enacted.

''(3) Suits not affected. - The provisions of subsection (a)

shall not affect the review pursuant to section 516A of the

Tariff Act of 1930 (19 U.S.C. 1516a) of a countervailing duty

order issued pursuant to an investigation conducted under section

303 of such Act (19 U.S.C. 1303) or a review of a countervailing

duty order issued under section 751 of such Act (19 U.S.C. 1675),

if such review is pending or the time for filing such review has

not expired on the effective date of this title.

''(c) Definition of Administering Authority. - For purposes of

this section, the term 'administering authority' has the meaning

given such term by section 771(1) of the Tariff Act of 1930 (19

U.S.C. 1677(1)).''

REFERENCES TO FORMER SECTION 1303

Section 261(d)(1)(C) of Pub. L. 103-365 provided that: ''Any

reference to section 303 (19 U.S.C. 1303) in any other Federal law,

Executive order, rule, or regulation shall be treated as a

reference to section 303 of the Tariff Act of 1930 as in effect on

the day before the effective date of title II of this Act (Jan. 1,

1995, see Effective Date of 1994 Amendment note set out under

section 1671 of this title).''

References to section 1303 in chapter 4 of this title defined to

mean section 1303 as in effect on the day before Jan. 1, 1995, see

section 1677(26) of this title.

-CITE-

19 USC Sec. 1304 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1304. Marking of imported articles and containers

-STATUTE-

(a) Marking of articles

Except as hereinafter provided, every article of foreign origin

(or its container, as provided in subsection (b) hereof) imported

into the United States shall be marked in a conspicuous place as

legibly, indelibly, and permanently as the nature of the article

(or container) will permit in such manner as to indicate to an

ultimate purchaser in the United States the English name of the

country of origin of the article. The Secretary of the Treasury

may by regulations -

(1) Determine the character of words and phrases or

abbreviations thereof which shall be acceptable as indicating the

country of origin and prescribe any reasonable method of marking,

whether by printing, stenciling, stamping, branding, labeling, or

by any other reasonable method, and a conspicuous place on the

article (or container) where the marking shall appear;

(2) Require the addition of any other words or symbols which

may be appropriate to prevent deception or mistake as to the

origin of the article or as to the origin of any other article

with which such imported article is usually combined subsequent

to importation but before delivery to an ultimate purchaser; and

(3) Authorize the exception of any article from the

requirements of marking if -

(A) Such article is incapable of being marked;

(B) Such article cannot be marked prior to shipment to the

United States without injury;

United States, except at an expense economically prohibitive of

its importation;

(D) The marking of a container of such article will

reasonably indicate the origin of such article;

(E) Such article is a crude substance;

(F) Such article is imported for use by the importer and not

intended for sale in its imported or any other form;

(G) Such article is to be processed in the United States by

the importer or for his account otherwise than for the purpose

of concealing the origin of such article and in such manner

that any mark contemplated by this section would necessarily be

obliterated, destroyed, or permanently concealed;

(H) An ultimate purchaser, by reason of the character of such

article or by reason of the circumstances of its importation,

must necessarily know the country of origin of such article

even though it is not marked to indicate its origin;

(I) Such article was produced more than twenty years prior to

its importation into the United States;

(J) Such article is of a class or kind with respect to which

the Secretary of the Treasury has given notice by publication

in the weekly Treasury Decisions within two years after July 1,

1937, that articles of such class or kind were imported in

substantial quantities during the five-year period immediately

preceding January 1, 1937, and were not required during such

period to be marked to indicate their origin: Provided, That

this subdivision shall not apply after September 1, 1938, to

sawed lumber and timbers, telephone, trolley, electric-light,

and telegraph poles of wood, and bundles of shingles; but the

President is authorized to suspend the effectiveness of this

proviso if he finds such action required to carry out any trade

agreement entered into under the authority of sections 1351,

1352, 1353, 1354 of this title, as extended; or

(K) Such article cannot be marked after importation except at

any expense which is economically prohibitive, and the failure

to mark the article before importation was not due to any

purpose of the importer, producer, seller, or shipper to avoid

compliance with this section.

(b) Marking of containers

Whenever an article is excepted under subdivision (3) of

subsection (a) of this section from the requirements of marking,

the immediate container, if any, of such article, or such other

container or containers of such article as may be prescribed by the

Secretary of the Treasury, shall be marked in such manner as to

indicate to an ultimate purchaser in the United States the English

name of the country of origin of such article, subject to all

provisions of this section, including the same exceptions as are

applicable to articles under subdivision (3) of subsection (a) of

this section. If articles are excepted from marking requirements

under clause (F), (G), or (H) of subdivision (3) of subsection (a)

of this section, their usual containers shall not be subject to the

marking requirements of this section. Usual containers in use as

such at the time of importation shall in no case be required to be

marked to show the country of their own origin.

(1) Except as provided in paragraph (2), no exception may be made

under subsection (a)(3) of this section with respect to pipes of

iron, steel, or stainless steel, to pipe fittings of steel,

stainless steel, chrome-moly steel, or cast and malleable iron each

of which shall be marked with the English name of the country of

origin by means of die stamping, cast-in-mold lettering, etching,

engraving, or continuous paint stenciling.

(2) If, because of the nature of an article, it is technically or

commercially infeasible to mark it by one of the five methods

specified in paragraph (1), the article may be marked by an equally

permanent method of marking or, in the case of small diameter pipe,

tube, and fittings, by tagging the containers or bundles.

(d) Marking of compressed gas cylinders

No exception may be made under subsection (a)(3) of this section

with respect to compressed gas cylinders designed to be used for

the transport and storage of compressed gases whether or not

certified prior to exportation to have been made in accordance with

the safety requirements of sections 178.36 through 178.68 of title

49, Code of Federal Regulations, each of which shall be marked with

the English name of the country of origin by means of die stamping,

molding, etching, raised lettering, or an equally permanent method

of marking.

(e) Marking of certain manhole rings or frames, covers, and

assemblies thereof

No exception may be made under subsection (a)(3) of this section

with respect to manhole rings or frames, covers, and assemblies

thereof each of which shall be marked on the top surface with the

English name of the country of origin by means of die stamping,

cast-in-mold lettering, etching, engraving, or an equally permanent

method of marking.

(f) Marking of certain coffee and tea products

The marking requirements of subsections (a) and (b) of this

section shall not apply to articles described in subheadings

0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and

2101.20 of the Harmonized Tariff Schedule of the United States, as

in effect on January 1, 1995.

(g) Marking of spices

The marking requirements of subsections (a) and (b) of this

section shall not apply to articles provided for under subheadings

0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, 0907.00,

0908.10, 0908.20, 0908.30, 0909.10, 0909.20, 0909.30, 0909.40,

0909.50, 0910.10, 0910.20, 0910.30, 0910.40, 0910.50, 0910.91,

0910.99, 1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and 3302.10,

and items classifiable in categories 0712.90.60, 0712.90.8080,

1209.91.2000, 1211.90.2000, 1211.90.8040, 1211.90.8050,

1211.90.8090, 2006.00.3000, 2918.13.2000, 3203.00.8000,

3301.90.1010, 3301.90.1020, and 3301.90.1050 of the Harmonized

Tariff Schedule of the United States, as in effect on January 1,

1995.

(h) Marking of certain silk products

The marking requirements of subsections (a) and (b) of this

section shall not apply either to -

(1) articles provided for in subheading 6214.10.10 of the

Harmonized Tariff Schedule of the United States, as in effect on

January 1, 1997; or

(2) articles provided for in heading 5007 of the Harmonized

Tariff Schedule of the United States as in effect on January 1,

1997.

(i) Additional duties for failure to mark

If at the time of importation any article (or its container, as

provided in subsection (b) of this section) is not marked in

accordance with the requirements of this section, and if such

article is not exported or destroyed or the article (or its

container, as provided in subsection (b) of this section) marked

after importation in accordance with the requirements of this

section (such exportation, destruction, or marking to be

accomplished under customs supervision prior to the liquidation of

the entry covering the article, and to be allowed whether or not

the article has remained in continuous customs custody), there

shall be levied, collected, and paid upon such article a duty of 10

per centum ad valorem, which shall be deemed to have accrued at the

time of importation, shall not be construed to be penal, and shall

not be remitted wholly or in part nor shall payment thereof be

avoidable for any cause. Such duty shall be levied, collected, and

paid in addition to any other duty imposed by law and whether or

not the article is exempt from the payment of ordinary customs

duties. The compensation and expenses of customs officers and

employees assigned to supervise the exportation, destruction, or

marking to exempt articles from the application of the duty

provided for in this subsection shall be reimbursed to the

Government by the importer.

(j) Delivery withheld until marked

No imported article held in customs custody for inspection,

examination, or appraisement shall be delivered until such article

and every other article of the importation (or their containers),

whether or not released from customs custody, shall have been

marked in accordance with the requirements of this section or until

the amount of duty estimated to be payable under subsection (i) of

this section has been deposited. Nothing in this section shall be

construed as excepting any article (or its container) from the

particular requirements of marking provided for in any other

provision of law.

(k) Treatment of goods of NAFTA country

(1) Application of section

In applying this section to an article that qualifies as a good

of a NAFTA country (as defined in section 3301(4) of this title)

under the regulations issued by the Secretary to implement Annex

311 of the North American Free Trade Agreement -

(A) the exemption under subsection (a)(3)(H) of this section

shall be applied by substituting ''reasonably know'' for

''necessarily know'';

(B) the Secretary shall exempt the good from the requirements

for marking under subsection (a) of this section if the good -

(i) is an original work of art, or

(ii) is provided for under subheading 6904.10, heading

8541, or heading 8542 of the Harmonized Tariff Schedule of

the United States; and

usual container of any good described in subsection (a)(3)(E)

or (I) of this section or subparagraph (B)(i) or (ii) of this

paragraph.

(2) Petition rights of NAFTA exporters and producers regarding

marking determinations

(A) Definitions

For purposes of this paragraph:

(i) The term ''adverse marking decision'' means a

determination by the Customs Service which an exporter or

producer of merchandise believes to be contrary to Annex 311

of the North American Free Trade Agreement.

(ii) A person may not be treated as the exporter or

producer of merchandise regarding which an adverse marking

decision was made unless such person -

(I) if claiming to be the exporter, is located in a NAFTA

country and is required to maintain records in that country

regarding exportations to NAFTA countries; or

(II) if claiming to be the producer, grows, mines,

harvests, fishes, traps, hunts, manufactures, processes, or

assembles such merchandise in a NAFTA country.

(B) Intervention or petition regarding adverse marking

decisions

If the Customs Service makes an adverse marking decision

regarding any merchandise, the Customs Service shall, upon

written request by the exporter or producer of the merchandise,

provide to the exporter or producer a statement of the basis

for the decision. If the exporter or producer believes that

the decision is not correct, it may intervene in any protest

proceeding initiated by the importer of the merchandise. If

the importer does not file a protest with regard to the

decision, the exporter or producer may file a petition with the

Customs Service setting forth -

(i) a description of the merchandise; and

(ii) the basis for its claim that the merchandise should be

marked as a good of a NAFTA country.

If, after receipt and consideration of a petition filed by an

exporter or producer under subparagraph (B), the Customs

Service determines that the adverse marking decision -

(i) is not correct, the Customs Service shall notify the

petitioner of the determination and all merchandise entered,

or withdrawn from warehouse for consumption, more than 30

days after the date that notice of the determination under

this clause is published in the weekly Custom Bulletin shall

be marked in conformity with the determination; or

(ii) is correct, the Customs Service shall notify the

petitioner that the petition is denied.

(D) Judicial review

For purposes of judicial review, the denial of a petition

under subparagraph (C)(ii) shall be treated as if it were a

denial of a petition of an interested party under section 1516

of this title regarding an issue arising under any of the

preceding provisions of this section.

(l) Penalties

Any person who, with intent to conceal the information given

thereby or contained therein, defaces, destroys, removes, alters,

covers, obscures, or obliterates any mark required under the

provisions of this chapter shall -

(1) upon conviction for the first violation of this subsection,

be fined not more than $100,000, or imprisoned for not more than

1 year, or both; and

(2) upon conviction for the second or any subsequent violation

of this subsection, be fined not more than $250,000, or

imprisoned for not more than 1 year, or both.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 304, 46 Stat. 687; June

25, 1938, ch. 679, Sec. 3, 52 Stat. 1077; Aug. 8, 1953, ch. 397,

Sec. 4(c), 67 Stat. 509; Pub. L. 98-573, title II, Sec. 207, Oct.

30, 1984, 98 Stat. 2976; Pub. L. 99-514, title XVIII, Sec. 1888(1),

Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100-418, title I, Sec.

1907(a)(1), Aug. 23, 1988, 102 Stat. 1314; Pub. L. 103-182, title

II, Sec. 207(a), Dec. 8, 1993, 107 Stat. 2096; Pub. L. 104-295,

Sec. 14(a), (b), Oct. 11, 1996, 110 Stat. 3521, 3522; Pub. L.

106-36, title II, Sec. 2423(a), (b), June 25, 1999, 113 Stat. 180.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsecs. (f) to (h) and (k)(1)(B)(ii), is not set out in the

Code. See Publication of Harmonized Tariff Schedule note set out

under section 1202 of this title.

-MISC2-

PRIOR PROVISIONS

Provisions dealing with the subject matter of this section and

former section 133 of this title were contained in act Oct. 3,

1913, ch. 16, Sec. IV, F, subsecs. 1 and 2, 38 Stat. 194,

superseding similar provisions of previous tariff acts. Those

subsections were superseded by act Sept. 21, 1922, ch. 356, title

III, Sec. 304(a), 42 Stat. 947, and repealed by Sec. 321 of that

act. Section 304(a) of the act of 1922 was superseded by section

304 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1999 - Subsecs. (h), (i). Pub. L. 106-36, Sec. 2423(a), added

subsec. (h) and redesignated former subsec. (h) as (i). Former

subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 106-36, Sec. 2423(a)(1), (b), redesignated

subsec. (i) as (j) and substituted ''subsection (i)'' for

''subsection (h)''. Former subsec. (j) redesignated (k).

Subsecs. (k), (l). Pub. L. 106-36, Sec. 2423(a)(1), redesignated

subsecs. (j) and (k) as (k) and (l), respectively.

1996 - Subsecs. (f) to (h). Pub. L. 104-295, Sec. 14(a), added

subsecs. (f) and (g) and redesignated former subsec. (f) as (h).

Former subsecs. (g) and (h) redesignated (i) and (j), respectively.

Subsec. (i). Pub. L. 104-295, Sec. 14(a)(1), (b), redesignated

subsec. (g) as (i) and substituted ''subsection (h) of this

section'' for ''subsection (f) of this section''.

Subsecs. (j), (k). Pub. L. 104-295, Sec. 14(a)(1), redesignated

subsecs. (h) and (i) as (j) and (k), respectively.

1993 - Subsec. (c)(1). Pub. L. 103-182, Sec. 207(a)(1),

substituted ''engraving, or continuous paint stenciling'' for ''or

engraving''.

Subsec. (c)(2). Pub. L. 103-182, Sec. 207(a)(2), substituted

''five methods'' for ''four methods'' and struck out ''such as

paint stenciling'' after ''method of marking''.

Subsec. (e). Pub. L. 103-182, Sec. 207(a)(3), substituted

''engraving, or an equally permanent method of marking'' for ''or

engraving''.

Subsecs. (h), (i). Pub. L. 103-182, Sec. 207(a)(4), (5), added

subsec. (h) and redesignated former subsec. (h) as (i).

1988 - Subsec. (h). Pub. L. 100-418 amended subsec. (h)

generally. Prior to amendment, subsec. (h) read as follows: ''If

any person shall, with intent to conceal the information given

thereby or contained therein, deface, destroy, remove, alter,

cover, obscure, or obliterate any mark required under the

provisions of this chapter, he shall, upon conviction, be fined not

more than $5,000 or imprisoned not more than one year, or both.''

1986 - Subsec. (c). Pub. L. 99-514 substituted ''(1) Except as

provided in paragraph (2), no'' for ''No'' and added par. (2).

1984 - Subsecs. (c) to (h). Pub. L. 98-573 added subsecs. (c) to

(e), redesignated former subsecs. (c) to (e) as (f) to (h),

respectively, and in subsec. (g), as redesignated, substituted

''subsection (f) of this section'' for ''subsection (c) of this

section''.

1953 - Subsec. (a)(3)(K). Act Aug. 8, 1953, added cl. (K).

1938 - Act June 25, 1938, amended section generally.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-36, title II, Sec. 2423(c), June 25, 1999, 113 Stat.

180, provided that: ''The amendments made by this section (amending

this section) apply to goods entered, or withdrawn from warehouse

for consumption, on or after the date of the enactment of this Act

(June 25, 1999).''

EFFECTIVE DATE OF 1996 AMENDMENT

Section 14(c) of Pub. L. 104-295 provided that: ''The amendments

made by this section (amending this section) apply to goods

entered, or withdrawn from warehouse for consumption, on or after

the date of the enactment of this Act (Oct. 11, 1996).''

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 effective on the date the North

American Free Trade Agreement enters into force with respect to the

United States (Jan. 1, 1994), see section 213(b) of Pub. L.

103-182, set out as an Effective Date note under section 3331 of

this title.

EFFECTIVE DATE OF 1988 AMENDMENT

Section 1907(a)(2) of Pub. L. 100-418 provided that:

''(A) The amendment made by paragraph (1) (amending this section)

applies with respect to acts committed on or after the date of the

enactment of this Act (Aug. 23, 1988).

''(B) The conviction of a person under section 304(h) of the

Tariff Act of 1930 (19 U.S.C. 1304(h)) for an act committed before

the date of the enactment of this Act shall be disregarded for

purposes of applying paragraph (2) of such subsection (as added by

the amendment made by paragraph (1) of this subsection()).''

EFFECTIVE DATE OF 1984 AMENDMENT

Section 214 of title II of Pub. L. 98-573 provided that:

''(a) For purposes of this section, the term '15th day' means the

15th day after the date of the enactment of this Act (Oct. 30,

1984).

''(b) Except as provided in subsections (c), (d), and (e), the

amendments made by this title (enacting sections 58b, 1339, and

1627a of this title, amending sections 81c, 81o, 1313, 1330, 1431,

1498, 1555, 2192, 2251, 2253, and 2703 of this title, section 925

of Title 18, Crimes and Criminal Procedure, and section 162 of

Title 26, Internal Revenue Code, and enacting provisions set out as

notes under sections 2, 81c, 81o, and 1339 of this title, and

section 162 of Title 26) shall take effect on the 15th day.

''(c)(1) The amendment made by section 204 (amending section 1441

of this title) shall apply with respect to vessels returning from

the British Virgin Islands on or after the 15th day.

''(2) The amendments made by section 207 (amending this section)

shall apply with respect to articles entered, or withdrawn from

warehouse for consumption, on or after the 15th day; except for

such of those articles that, on or before the 15th day, had been

taken on board for transit to the customs territory of the United

States.

''(3)(A) The amendment made by section 208 (amending section 1466

of this title) shall apply with respect to entries made in

connection with arrivals of vessels on or after the 15th day.

''(B) Upon request therefor filed with the customs officer

concerned on or before the 90th day after the date of the enactment

of this Act (Oct. 30, 1984), any entry in connection with the

arrival of a vessel used primarily for transporting passengers or

property -

''(i) made before the 15th day but not liquidated as of January

1, 1983, or

''(ii) made before the 15th day but which is the subject of an

action in a court of competent jurisdiction on September 19,

1983, and

''(iii) with respect to which there would have been no duty if

the amendment made by section 208 applied to such entry,

shall, notwithstanding the provisions of section 514 of the Tariff

Act of 1930 (19 U.S.C. 1514) or any other provision of law, be

liquidated or reliquidated as though such entry had been made on

the 15th day.

''(4) The amendments made by section 209 (enacting section 1484a

of this title and amending section 1202 of this title) shall apply

with respect to articles launched into space from the customs

territory of the United States on or after January 1, 1985.

''(5)(A) The amendment made by section 210(a) (amending section

1505 of this title) shall take effect on the 30th day after the

date of the enactment of this Act (Oct. 30, 1984).

''(B) The amendment made by section 210(b) (amending section 1520

of this title) shall apply with respect to determinations made or

ordered on or after the date of the enactment of this Act (Oct. 30,

1984).

''(d)(1) The amendments made by section 212 (amending sections

1520, 1564, and 1641 of this title and sections 1581, 1582, 2631,

2636, 2640, and 2643 of Title 28, Judiciary and Judicial Procedure)

shall take effect upon the close of the 180th day following the

date of the enactment of this Act (Oct. 30, 1984) with the

following exceptions:

''(A) Section 641(c)(1)(B) and section 641(c)(2) of the Tariff

Act of 1930, as added by such section (19 U.S.C. 1641(c)(1)(B),

(2)), shall take effect three years after the date of the

enactment of this Act (Oct. 30, 1984).

''(B) The amendments made to the Tariff Act of 1930 by

subsection (c) of section 212 (no subsec. (c) of section 212 was

enacted) shall take effect on such date of enactment (Oct. 30,

1984).

''(2) A license in effect on the date of enactment of this Act

(Oct. 30, 1984) under section 641 of the Tariff Act of 1930 (as in

effect before such date of enactment) shall continue in force as a

license to transact customs business as a customs broker, subject

to all the provisions of section 212 and such licenses shall be

accepted as permits for the district or districts covered by that

license.

''(3) Any proceeding for revocation or suspension of a license

instituted under section 641 of the Tariff Act of 1930 before the

date of the enactment of this Act (Oct. 30, 1984) shall continue

and be governed by the law in effect at the time the proceeding was

instituted.

''(4) If any provision of section 212 or its application to any

person or circumstances is held invalid, it shall not affect the

validity of the remaining provisions or their application to any

other person or circumstances.

''(e) The amendments made by section 213 (enacting sections

1589a, 1613b, and 1616a of this title, amending sections 1602,

1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615,

1618, and 1619 of this title and repealing section 7607 of Title

26, Internal Revenue Code) shall take effect October 15, 1984.''

EFFECTIVE DATE OF 1953 AMENDMENTS, ENACTMENTS, AND REPEALS

Section 1 of act Aug. 8, 1953, provided that such act (see Short

Title of 1953 Amendment note set out under section 1654 of this

title) is effective, except as otherwise specifically provided for,

on and after the thirtieth day following the date of its enactment

(Aug. 8, 1953).

The exception ''except as otherwise specifically provided for''

apparently refers to the amendments made to the provisions

preceding subd. (1) of section 1308 of this title, and to section

1557(b) of this title, for which separate effective dates were

provided as explained in notes under such sections.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

SAVINGS PROVISION

Section 23 of act Aug. 8, 1953, provided: ''Except as may be

otherwise provided for in this Act (see Short Title of 1953

Amendment note set out under section 1654 of this title), the

repeal of existing law or modifications thereof embraced in this

Act shall not affect any act done, or any right accruing or

accrued, or any suit or proceeding had or commenced in any civil or

criminal case prior to such repeal or modification, but all

liabilities under such laws shall continue, except as otherwise

specifically provided in this Act, and may be enforced in the same

manner as if such repeal or modification had not been made.''

-TRANS-

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.

Functions of all other 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, Sec. 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.

Customs officers and employees, referred to in text, were under

Department of the Treasury.

-MISC5-

MARKING REQUIREMENTS FOR ARTICLES QUALIFYING AS GOODS OF NAFTA

COUNTRY

Section 207(b) of Pub. L. 103-182 provided that: ''Articles that

qualify as goods of a NAFTA country under regulations issued by the

Secretary in accordance with Annex 311 of the Agreement (North

American Free Trade Agreement) are exempt from the marking

requirements promulgated by the Secretary of the Treasury under

section 1907(c) of the Omnibus Trade and Competitiveness Act of

1988 (Public Law 100-418 (102 Stat. 1315)), but are subject to the

requirements of section 304 of the Tariff Act of 1930 (19 U.S.C.

1304).''

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 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. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1558, 1595a of this

title.

-CITE-

19 USC Sec. 1305 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1305. Immoral articles; importation prohibited

-STATUTE-

(a) Prohibition of importation

All persons are prohibited from importing into the United States

from any foreign country any book, pamphlet, paper, writing,

advertisement, circular, print, picture, or drawing containing any

matter advocating or urging treason or insurrection against the

United States, or forcible resistance to any law of the United

States, or containing any threat to take the life of or inflict

bodily harm upon any person in the United States, or any obscene

book, pamphlet, paper, writing, advertisement, circular, print,

picture, drawing, or other representation, figure, or image on or

of paper or other material, or any cast, instrument, or other

article which is obscene or immoral, or any drug or medicine or any

article whatever for causing unlawful abortion, or any lottery

ticket, or any printed paper that may be used as a lottery ticket,

or any advertisement of any lottery. No such articles whether

imported separately or contained in packages with other goods

entitled to entry, shall be admitted to entry; and all such

articles and, unless it appears to the satisfaction of the

appropriate customs officer that the obscene or other prohibited

articles contained in the package were inclosed therein without the

knowledge or consent of the importer, owner, agent, or consignee,

the entire contents of the package in which such articles are

contained, shall be subject to seizure and forfeiture as

hereinafter provided: Provided, That the drugs hereinbefore

mentioned, when imported in bulk and not put up for any of the

purposes hereinbefore specified, are excepted from the operation of

this subdivision: Provided further, That the Secretary of the

Treasury may, in his discretion, admit the so-called classics or

books of recognized and established literary or scientific merit,

but may, in his discretion, admit such classics or books only when

imported for noncommercial purposes: Provided further, That

effective January 1, 1993, this section shall not apply to any

lottery ticket, printed paper that may be used as a lottery ticket,

or advertisement of any lottery, that is printed in Canada for use

in connection with a lottery conducted in the United States.

(b) (FOOTNOTE 1) Enforcement procedures

(FOOTNOTE 1) So in original. Two subsecs. (b) and (c) have been

enacted. Second subsecs. (b) and (c) probably should be designated

(e) and (f), respectively.

Upon the appearance of any such book or matter at any customs

office, the same shall be seized and held by the appropriate

customs officer to await the judgment of the district court as

hereinafter provided; and no protest shall be taken to the United

States Court of International Trade from the decision of such

customs officer. Upon the seizure of such book or matter, such

customs officer shall transmit information thereof to the United

States attorney of the district in which is situated either -

(1) the office at which such seizure took place; or

(2) the place to which such book or matter is addressed;

and the United States attorney shall institute proceedings in the

district court for the forfeiture, confiscation, and destruction of

the book or matter seized. Upon the adjudication that such book or

matter thus seized is of the character the entry of which is by

this section prohibited, it shall be ordered destroyed and shall be

destroyed. Upon adjudication that such book or matter thus seized

is not of the character the entry of which is by this section

prohibited, it shall not be excluded from entry under the

provisions of this section.

In any such proceeding any party in interest may upon demand have

the facts at issue determined by a jury and any party may have an

appeal or the right of review as in the case of ordinary actions or

suits.

Notwithstanding the provisions of subsections (a) and (b) of this

section, whenever a customs officer discovers any obscene material

after such material has been imported or brought into the United

States, or attempted to be imported or brought into the United

States, he may refer the matter to the United States attorney for

the institution of forfeiture proceedings under this section. Such

proceedings shall begin no more than 30 days after the time the

material is seized; except that no seizure or forfeiture shall be

invalidated for delay if the claimant is responsible for extending

the action beyond the allowable time limits or if proceedings are

postponed pending the consideration of constitutional issues.

(d) Stay of forfeiture proceedings

Upon motion of the United States, a court shall stay such civil

forfeiture proceedings commenced under this section pending the

completion of any related criminal matter.

(b) (FOOTNOTE 1) Coordination of forfeiture proceedings with

criminal proceedings

(1) Notwithstanding subsection (a) of this section, whenever the

Customs Service is of the opinion that criminal prosecution would

be appropriate or that further criminal investigation is warranted

in connection with allegedly obscene material seized at the time of

entry, the appropriate customs officer shall immediately transmit

information concerning such seizure to the United States Attorney

(FOOTNOTE 2) of the district of the addressee's residence. No

notice to the addressee or consignee concerning the seizure is

required at the time of such transmittal.

(FOOTNOTE 2) So in original. Probably should not be

capitalized.

(2) Upon receipt of such information, such United States attorney

shall promptly determine whether in such attorney's opinion the

referral of the matter for forfeiture under this section would

materially affect the Government's ability to conduct a criminal

investigation with respect to such seizure.

(3) If the United States attorney is of the opinion that no

prejudice to such investigation will result from such referral,

such attorney shall immediately so notify the Customs Service in

writing. The appropriate customs officer shall immediately notify

in writing the addressee or consignee of the seizure and shall

transmit information concerning such seizure to the United States

Attorney (FOOTNOTE 2) of the district in which is situated the

office at which such seizure has taken place. The actions

described in paragraphs (1) through (3) of this subsection shall

take place within sufficient time to allow for the filing of a

forfeiture complaint within 14 days of the seizure unless the

United States Attorney (FOOTNOTE 2) of the district of the

addressee's residence certifies in writing and includes specific,

articulable facts demonstrating that the determination required in

paragraph (2) of this subsection could not be made in sufficient

time to comply with this deadline. In such cases, the actions

described in paragraphs (1) through (3) of this subsection shall

take place within sufficient time to allow for the filing of a

forfeiture complaint within 21 days of seizure.

(4) If the United States attorney for the district of the

addressee's residence concludes that material prejudice to such

investigation will result from such referral, such United States

attorney shall place on file, within 14 days of the date of

seizure, a dated certification stating that it is the United States

attorney's judgment that referral of the matter for forfeiture

under this section would materially affect the Government's ability

to conduct a criminal investigation with respect to the seizure.

The certification shall set forth specific, articulable facts

demonstrating that withholding referral for forfeiture is

necessary.

(5)(A) As soon as the circumstances change so that withholding of

referral for forfeiture is no longer necessary for purposes of the

criminal investigation, the United States attorney shall

immediately so notify the Customs Service in writing and shall

furnish a copy of the certification described in paragraph (4)

above to the Customs Service.

(B) In any matter referred to a United States attorney for

possible criminal prosecution wherein subparagraph (5)(A) does not

apply, the United States attorney shall immediately notify the

Customs Service in writing concerning the disposition of the

matter, whether by institution of a prosecution or a letter of

declination, and shall also furnish a copy of the certification

described in paragraph (4) of this subsection to the Customs

Service.

(A) or (B) of this paragraph, the appropriate customs officer shall

immediately notify the addressee or consignee of the seizure and

shall transmit information concerning the seizure, including a copy

of the certification described in paragraph (4) above and a copy of

the notification described in subparagraph (A) or (B) of this

paragraph, to the United States attorney of the district in which

is situated the office at which such seizure has taken place, who

shall institute forfeiture proceedings in accordance with

subsection (a) hereof within 14 days of the date of the

notification described in subparagraph (A) or (B) above. A copy of

the certification described in paragraph (4) above and a copy of

the notification described in subparagraph (A) or (B) of this

paragraph shall be affixed to the complaint for forfeiture.

(FOOTNOTE 3) So in original. Two subsecs. (b) and (c) have been

enacted. Second subsecs. (b) and (c) probably should be designated

(e) and (f), respectively.

Upon motion of the United States, a court, for good cause shown,

shall stay civil forfeiture proceedings commenced under this

section pending the completion of any related criminal matter

whether in the same or in a different district.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 305, 46 Stat. 688; June

25, 1948, ch. 645, Sec. 21, 62 Stat. 862; June 25, 1948, ch. 646,

Sec. 1, 62 Stat. 869; Pub. L. 91-271, title III, Sec. 301(a), June

2, 1970, 84 Stat. 287; Pub. L. 91-662, Sec. 1, Jan. 8, 1971, 84

Stat. 1973; Pub. L. 96-417, title VI, Sec. 601(2), Oct. 10, 1980,

94 Stat. 1744; Pub. L. 100-418, title I, Sec. 1901(a), Aug. 23,

1988, 102 Stat. 1312; Pub. L. 100-449, title II, Sec. 206, Sept.

28, 1988, 102 Stat. 1864; Pub. L. 100-690, title VII, Sec.

7522(e)(d), Nov. 18, 1988, 102 Stat. 4500.)

-MISC1-

PRIOR PROVISIONS

Provisions in substantially the same language as those in this

section were made by act Oct. 3, 1913, ch. 16, Sec. IV, subsections

1, 2, and 3, 38 Stat. 194, superseding similar provisions of

previous tariff acts. Those subsections were superseded by act

Sept. 21, 1922, ch. 356, title III, Sec. 305, 42 Stat. 937, and

repealed by section 321 of that act. Section 305 of act Sept. 21,

1922, was superseded by section 305 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1988 - Subsec. (a). Pub. L. 100-449 inserted proviso at end of

first par. directing that, ''effective January 1, 1993, this

section shall not apply to any lottery ticket, printed paper that

may be used as a lottery ticket, or advertisement of any lottery,

that is printed in Canada for use in connection with a lottery

conducted in the United States''.

Pub. L. 100-418, Sec. 1901(a)(1), designated second par. of

subsec. (a) as subsec. (b) ''Enforcement procedures''.

Subsec. (b). Pub. L. 100-690, Sec. 7522(e), added subsec. (b)

relating to coordination of forfeiture proceedings with criminal

proceedings.

Pub. L. 100-418, Sec. 1901(a)(1), (2), designated second par. of

subsec. (a) as subsec. (b) ''Enforcement procedures'' and amended

second sentence generally. Prior to amendment, second sentence

read as follows: ''Upon the seizure of such book or matter such

customs officer shall transmit information thereof to the United

States attorney of the district in which is situated the office at

which such seizure has taken place, who shall institute proceedings

in the district court for the forfeiture, confiscation, and

destruction of the book or matter seized.''

Subsec. (c). Pub. L. 100-690, Sec. 7522(e), added subsec. (c)

relating to stay on motion.

Pub. L. 100-418, Sec. 1901(a)(3), added subsec. (c) relating to

institution of forfeiture proceedings.

Subsec. (d). Pub. L. 100-418 added subsec. (d) relating to stay

of forfeiture proceedings.

1980 - Subsec. (a). Pub. L. 96-417, in second undesignated par.,

redesignated the United States Customs Court as the United States

Court of International Trade.

1971 - Subsec. (a). Pub. L. 91-662 struck out ''for the

prevention of conception or'' before ''for causing unlawful

abortion''.

1970 - Subsec. (a). Pub. L. 91-271 substituted references to the

appropriate customs officer for references to the collector

wherever appearing.

1948 - Subsec. (b). Act June 25, 1948, eff. Sept. 1, 1948,

repealed subsec. (b) which related to penalties against government

officers. See section 552 of Title 18, Crimes and Criminal

Procedure.

-CHANGE-

CHANGE OF NAME

Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United

States attorney'' for ''district attorney''. See section 541 of

Title 28, Judiciary and Judicial Procedure, and Historical and

Revision Notes thereunder.

-MISC4-

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

Section 1901(b) of Pub. L. 100-418 provided that: ''The

amendments made by subsection (a) (amending this section) apply

with respect to articles entered, or withdrawn from warehouse for

consumption, on or after the 15th day after the date of the

enactment of this Act (Aug. 23, 1988).''

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and

applicable with respect to civil actions pending on or commenced on

or after such date, see section 701(a) of Pub. L. 96-417, set out

as a note under section 251 of Title 28, Judiciary and Judicial

Procedure.

EFFECTIVE DATE OF 1971 AMENDMENT

Amendment by Pub. L. 91-662 effective Jan. 9, 1971, see section 7

of Pub. L. 91-662, set out as a note under section 552 of Title 18,

Crimes and Criminal Procedure.

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section

203 of Pub. L. 91-271, set out as a note under section 1500 of this

title.

-TRANS-

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.

Functions of all other 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, Sec. 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.

Customs officers, referred to in text, were under Department of the

Treasury.

-EXEC-

IMPORTATION OF RU-486

Memorandum of President of the United States, Jan. 22, 1993, 58

F.R. 7459, provided:

Memorandum for the Secretary of Health and Human Services

In Import Alert 66-47, the Food and Drug Administration (''FDA'')

excluded the drug Mifepristine - commonly known as RU-486 - from

the list of drugs that individuals can import into the United

States for their ''personal use,'' although the drugs have not yet

been approved for distribution by the FDA. (See FDA Regulatory

Procedures Manual, Chapter 9-71.) Import Alert 66-47 effectively

bans the importation into this Nation of a drug that is used in

other nations as a nonsurgical means of abortion.

I am informed that in excluding RU-486 from the personal use

importation exemption, the FDA appears to have based its decision

on factors other than an assessment of the possible health and

safety risks of the drug. Accordingly, I hereby direct that you

promptly instruct the FDA to determine whether there is sufficient

evidence to warrant exclusion of RU-486 from the list of drugs that

qualify for the personal use importation exemption. Furthermore,

if the FDA concludes that RU-486 meets the criteria for the

personal use importation exemption, I direct that you immediately

take steps to rescind Import Alert 66-47.

In addition, I direct that you promptly assess initiatives by

which the Department of Health and Human Services can promote the

testing, licensing, and manufacturing in the United States of

RU-486 or other antiprogestins.

You are hereby authorized and directed to publish this memorandum

in the Federal Register. William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 section 614; title 28

section 1581.

-CITE-

19 USC Sec. 1306 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1306. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(5),

May 13, 2002, 116 Stat. 507

-MISC1-

Section, June 17, 1930, ch. 497, title III, Sec. 306, 46 Stat.

689; Pub. L. 85-867, Sept. 2, 1958, 72 Stat. 1685; Pub. L. 90-201,

Sec. 18, Dec. 15, 1967, 81 Stat. 600; Pub. L. 100-449, title III,

Sec. 301(f)(5), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103-182,

title III, Sec. 361(d)(1), Dec. 8, 1993, 107 Stat. 2123; Pub. L.

103-465, title IV, Sec. 431(g), Dec. 8, 1994, 108 Stat. 4969,

prohibited the importation of cattle, sheep, swine, and meats in

certain cases.

-CITE-

19 USC Sec. 1307 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1307. Convict-made goods; importation prohibited

-STATUTE-

All goods, wares, articles, and merchandise mined, produced, or

manufactured wholly or in part in any foreign country by convict

labor or/and forced labor or/and indentured labor under penal

sanctions shall not be entitled to entry at any of the ports of the

United States, and the importation thereof is hereby prohibited,

and the Secretary of the Treasury is authorized and directed to

prescribe such regulations as may be necessary for the enforcement

of this provision. The provisions of this section relating to

goods, wares, articles, and merchandise mined, produced, or

manufactured by forced labor or/and indentured labor, shall take

effect on January 1, 1932; but in no case shall such provisions be

applicable to goods, wares, articles, or merchandise so mined,

produced, or manufactured which are not mined, produced, or

manufactured in such quantities in the United States as to meet the

consumptive demands of the United States.

''Forced labor'', as herein used, shall mean all work or service

which is exacted from any person under the menace of any penalty

for its nonperformance and for which the worker does not offer

himself voluntarily. For purposes of this section, the term

''forced labor or/and indentured labor'' includes forced or

indentured child labor.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 307, 46 Stat. 689; Pub. L.

106-200, title IV, Sec. 411(a), May 18, 2000, 114 Stat. 298.)

-MISC1-

PRIOR PROVISIONS

Provisions in the same language as the provisions in this section

were made by act Oct. 3, 1913, ch. 16, Sec. IV, I, 38 Stat. 195,

superseding similar provisions of previous tariff acts. That

subdivision was superseded by act Sept. 21, 1922, ch. 356, title

III, Sec. 307, 42 Stat. 937, and repealed by section 321 of that

act. Section 307 of act Sept. 21, 1922, was superseded by section

307 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

2000 - Pub. L. 106-200 inserted at end ''For purposes of this

section, the term 'forced labor or/and indentured labor' includes

forced or indentured child labor.''

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-200, title IV, Sec. 411(b), May 18, 2000, 114 Stat.

298, provided that: ''The amendment made by this section (amending

this section) shall take effect on the date of the enactment of

this Act (May 18, 2000).''

REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED FOR UNITED

STATES MARKET

Pub. L. 105-261, div. C, title XXXVII, Sec. 3702, Oct. 17, 1998,

112 Stat. 2275, provided that:

''(a) Report to Congress. - Not later than 1 year after the date

of the enactment of this Act (Oct. 17, 1998), the Commissioner of

Customs shall prepare and transmit to the Congress a report on

products made with forced labor that are destined for the United

States market.

''(b) Contents of Report. - The report under subsection (a) shall

include information concerning the following:

''(1) The extent of the use of forced labor in manufacturing

products destined for the United States market.

''(2) The volume of products made with forced labor, destined

for the United States market, that is in violation of section 307

of the Tariff Act of 1930 (19 U.S.C. 1307) or section 1761 of

title 18, United States Code, and is seized by the United States

Customs Service.

''(3) The progress of the United States Customs Service in

identifying and interdicting products made with forced labor that

are destined for the United States market.''

SENSE OF CONGRESS REQUESTING PRESIDENT TO INSTRUCT SECRETARY OF THE

TREASURY TO ENFORCE SECTION 1307 WITHOUT DELAY

Pub. L. 100-418, title I, Sec. 1906, Aug. 23, 1988, 102 Stat.

1313, related to Congressional findings of deplorable forced labor

conditions in former Soviet Union and request of President to

instruct Secretary of the Treasury to enforce this section without

delay, prior to repeal by Pub. L. 103-199, title II, Sec. 204(a),

Dec. 17, 1993, 107 Stat. 2322.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 22 sections 6962, 6965.

-CITE-

19 USC Sec. 1308 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1308. Prohibition on importation of dog and cat fur products

-STATUTE-

(a) Definitions

In this section:

(1) Cat fur

The term ''cat fur'' means the pelt or skin of any animal of

the species Felis catus.

(2) Interstate commerce

The term ''interstate commerce'' means the transportation for

sale, trade, or use between any State, territory, or possession

of the United States, or the District of Columbia, and any place

outside thereof.

(3) Customs laws

The term ''customs laws of the United States'' means any other

law or regulation enforced or administered by the United States

Customs Service.

(4) Designated authority

The term ''designated authority'' means the Secretary of the

Treasury, with respect to the prohibitions under subsection

(b)(1)(A) of this section, and the President (or the President's

designee), with respect to the prohibitions under subsection

(b)(1)(B) of this section.

(5) Dog fur

The term ''dog fur'' means the pelt or skin of any animal of

the species Canis familiaris.

(6) Dog or cat fur product

The term ''dog or cat fur product'' means any item of

merchandise which consists, or is composed in whole or in part,

of any dog fur, cat fur, or both.

(7) Person

The term ''person'' includes any individual, partnership,

corporation, association, organization, business trust,

government entity, or other entity subject to the jurisdiction of

the United States.

(8) United States

The term ''United States'' means the customs territory of the

United States, as defined in general note 2 of the Harmonized

Tariff Schedule of the United States.

(b) Prohibitions

(1) In general

It shall be unlawful for any person to -

(A) import into, or export from, the United States any dog or

cat fur product; or

(B) introduce into interstate commerce, manufacture for

introduction into interstate commerce, sell, trade, or

advertise in interstate commerce, offer to sell, or transport

or distribute in interstate commerce in the United States, any

dog or cat fur product.

(2) Exception

This subsection shall not apply to the importation,

exportation, or transportation, for noncommercial purposes, of a

personal pet that is deceased, including a pet preserved through

taxidermy.

(1) Civil penalties

(A) In general

Any person who violates any provision of this section or any

regulation issued under this section may, in addition to any

other civil or criminal penalty that may be imposed under title

18 or any other provision of law, be assessed a civil penalty

by the designated authority of not more than -

(i) $10,000 for each separate knowing and intentional

violation;

(ii) $5,000 for each separate grossly negligent violation;

(iii) $3,000 for each separate negligent violation.

(B) Debarment

The designated authority may prohibit a person from

importing, exporting, transporting, distributing,

manufacturing, or selling any fur product in the United States,

if the designated authority finds that the person has engaged

in a pattern or practice of actions that has resulted in a

final administrative determination with respect to the

assessment of civil penalties for knowing and intentional or

grossly negligent violations of any provision of this section

or any regulation issued under this section.

In determining the amount of civil penalties under this

paragraph, the designated authority shall take into account the

degree of culpability, any history of prior violations under

this section, ability to pay, the seriousness of the violation,

and such other matters as fairness may require.

(D) Notice

No penalty may be assessed under this paragraph against a

person unless the person is given notice and opportunity for a

hearing with respect to such violation in accordance with

section 554 of title 5.

(2) Forfeiture

Any dog or cat fur product manufactured, taken, possessed,

sold, purchased, offered for sale or purchase, transported,

delivered, received, carried, shipped, imported, or exported

contrary to the provisions of this section or any regulation

issued under this section shall be subject to forfeiture to the

United States.

(3) Enforcement

The Secretary of the Treasury shall enforce the provisions of

this section with respect to the prohibitions under subsection

(b)(1)(A) of this section, and the President shall enforce the

provisions of this section with respect to the prohibitions under

subsection (b)(1)(B) of this section.

(4) Regulations

Not later than 270 days after November 9, 2000, the designated

authorities shall, after notice and opportunity for comment,

issue regulations to carry out the provisions of this section.

The regulations of the Secretary of the Treasury shall provide

for a process by which testing laboratories, whether domestic or

foreign, can qualify for certification by the United States

Customs Service by demonstrating the reliability of the

procedures used for determining the type of fur contained in

articles intended for sale or consumption in interstate

commerce. Use of a laboratory certified by the United States

Customs Service to determine the nature of fur contained in an

item to which subsection (b) of this section applies is not

required to avoid liability under this section but may, in a case

in which a person can establish that the goods imported were

tested by such a laboratory and that the item was not found to be

a dog or cat fur product, prove dispositive in determining

whether that person exercised reasonable care for purposes of

paragraph (6).

(5) Reward

The designated authority shall pay a reward of not less than

$500 to any person who furnishes information that establishes or

leads to a civil penalty assessment, debarment, or forfeiture of

property for any violation of this section or any regulation

issued under this section.

(6) Affirmative defense

Any person accused of a violation under this section has a

defense to any proceeding brought under this section on account

of such violation if that person establishes by a preponderance

of the evidence that the person exercised reasonable care -

(A) in determining the nature of the products alleged to have

resulted in such violation; and

(B) in ensuring that the products were accompanied by

documentation, packaging, and labeling that were accurate as to

the nature of the products.

(7) Coordination with other laws

Nothing in this section shall be construed as superseding or

limiting in any manner the functions and responsibilities of the

Secretary of the Treasury under the customs laws of the United

States.

(d) Publication of names of certain violators

The designated authorities shall, at least once each year,

publish in the Federal Register a list of the names of any

producer, manufacturer, supplier, seller, importer, or exporter,

whether or not located within the customs territory of the United

States or subject to the jurisdiction of the United States, against

whom a final administrative determination with respect to the

assessment of a civil penalty for a knowing and intentional or a

grossly negligent violation has been made under this section.

(e) Reports

In order to enable Congress to engage in active, continuing

oversight of this section, the designated authorities shall provide

the following:

(1) Plan for enforcement

Within 3 months after November 9, 2000, the designated

authorities shall submit to Congress a plan for the enforcement

of the provisions of this section, including training and

procedures to ensure that United States Government personnel are

equipped with state-of-the-art technologies to identify potential

dog or cat fur products and to determine the true content of such

products.

(2) Report on enforcement efforts

Not later than 1 year after November 9, 2000, and on an annual

basis thereafter, the designated authorities shall submit a

report to Congress on the efforts of the United States Government

to enforce the provisions of this section and the adequacy of the

resources to do so. The report shall include an analysis of the

training of United States Government personnel to identify dog

and cat fur products effectively and to take appropriate action

to enforce this section. The report shall include the findings

of the designated authorities as to whether any government has

engaged in a pattern or practice of support for trade in products

the importation of which are prohibited under this section.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 308, as added Pub. L.

106-476, title I, Sec. 1443(a), Nov. 9, 2000, 114 Stat. 2164.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (a)(8), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

PRIOR PROVISIONS

A prior section 1308, acts June 17, 1930, ch. 497, title III,

Sec. 308, 46 Stat. 690; June 25, 1938, ch. 679, Sec. 4, 52 Stat.

1079; Aug. 8, 1953, ch. 397, Sec. 10(a)(1), (b) to (f), 67 Stat.

512; Aug. 28, 1954, ch. 1045, Sec. 1, 68 Stat. 914; Aug. 28, 1957,

Pub. L. 85-211, Sec. 3, 71 Stat. 487; Apr. 16, 1958, Pub. L.

85-379, 72 Stat. 88; May 16, 1958, Pub. L. 85-414, Sec. 1, 72 Stat.

118, prescribed articles for temporary free importation under bond

for exportation, prior to repeal by Pub. L. 87-456, title III, Sec.

301(a), title V, Sec. 501(a), May 24, 1962, 76 Stat. 75, 78,

effective with respect to articles entered, or withdrawn from

warehouse, for consumption on or after Aug. 31, 1963.

EFFECTIVE DATE

Pub. L. 106-476, title I, Sec. 1443(c), Nov. 9, 2000, 114 Stat.

2167, provided that: ''The amendments made by this section

(enacting this section and amending section 69 of Title 15,

Commerce and Trade) shall take effect on the date of the enactment

of this Act (Nov. 9, 2000).''

-TRANS-

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.

-MISC5-

FINDINGS AND PURPOSES

Pub. L. 106-476, title I, Sec. 1442, Nov. 9, 2000, 114 Stat.

2163, provided that:

''(a) Findings. - Congress makes the following findings:

''(1) An estimated 2,000,000 dogs and cats are slaughtered and

sold annually as part of the international fur trade.

Internationally, dog and cat fur is used in a wide variety of

products, including fur coats and jackets, fur trimmed garments,

hats, gloves, decorative accessories, stuffed animals, and other

toys.

''(2) The United States represents one of the largest markets

for the sale of fur and fur products in the world. Market demand

for fur products in the United States has led to the introduction

of dog and cat fur products into United States commerce,

frequently based on deceptive or fraudulent labeling of the

products to disguise the true nature of the fur and mislead

United States wholesalers, retailers, and consumers.

''(3) Dog and cat fur, when dyed, is not easily distinguishable

to persons who are not experts from other furs such as fox,

rabbit, coyote, wolf, and mink, and synthetic materials made to

resemble real fur. Dog and cat fur is generally less expensive

than other types of fur and may be used as a substitute for more

expensive types of furs, which provides an incentive to engage in

unfair or fraudulent trade practices in the importation,

exportation, distribution, or sale of fur products, including

deceptive labeling and other practices designed to disguise the

true contents or origin of the product.

''(4) Forensic texts have documented that dog and cat fur

products are being imported into the United States subject to

deceptive labels or other practices designed to conceal the use

of dog or cat fur in the production of wearing apparel, toys, and

other products.

''(5) Publicly available evidence reflects ongoing significant

use of dogs and cats bred expressly for their fur by foreign fur

producers for manufacture into wearing apparel, toys, and other

products that have been introduced into United States commerce.

The evidence indicates that foreign fur producers also rely on

the use of stray dogs and cats and stolen pets for the

manufacture of fur products destined for the world and United

States markets.

''(6) The methods of housing, transporting, and slaughtering

dogs and cats for fur production are generally unregulated and

inhumane.

''(7) The trade of dog and cat fur products is ethically and

aesthetically abhorrent to United States citizens. Consumers in

the United States have a right to know if products offered for

sale contain dog or cat fur and to ensure that they are not

unwitting participants in this gruesome trade.

''(8) Persons who engage in the sale of dog or cat fur

products, including the fraudulent trade practices identified

above, gain an unfair competitive advantage over persons who

engage in legitimate trade in apparel, toys, and other products,

and derive an unfair benefit from consumers who buy their

products.

''(9) The imposition of a ban on the sale, manufacture, offer

for sale, transportation, and distribution of dog and cat fur

products, regardless of their source, is consistent with the

international obligations of the United States because it applies

equally to domestic and foreign producers and avoids any

discrimination among foreign sources of competing products. Such

a ban is also consistent with provisions of international

agreements to which the United States is a party that expressly

allow for measures designed to protect the health and welfare of

animals and to enjoin the use of deceptive trade practices in

international or domestic commerce.

''(b) Purposes. - The purposes of this chapter (chapter 3 (Sec.

1441-1443) of subtitle B of title I of Pub. L. 106-476, see Short

Title of 2000 Amendment note set out under section 1654 of this

title) are to -

''(1) prohibit imports, exports, sale, manufacture, offer for

sale, transportation, and distribution in the United States of

dog and cat fur products, in order to ensure that United States

market demand does not provide an incentive to slaughter dogs or

cats for their fur;

''(2) require accurate labeling of fur species so that

consumers in the United States can make informed choices and

ensure that they are not unwitting contributors to this gruesome

trade; and

''(3) ensure that the customs laws of the United States are not

undermined by illicit international traffic in dog and cat fur

products.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 15 section 69.

-CITE-

19 USC Sec. 1309 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1309. Supplies for certain vessels and aircraft

-STATUTE-

(a) Exemption from customs duties and internal-revenue tax

Articles of foreign or domestic origin may be withdrawn, under

such regulations as the Secretary of the Treasury may prescribe,

from any customs bonded warehouse, from continuous customs custody

elsewhere than in a bonded warehouse, or from a foreign-trade zone

free of duty and internal-revenue tax, or from any internal-revenue

bonded warehouse, from any brewery, or from any winery premises or

bonded premises for the storage of wine, free of internal-revenue

tax -

(1) for supplies (not including equipment) of (A) vessels or

aircraft operated by the United States, (B) vessels of the United

States employed in the fisheries or in the whaling business, or

actually engaged in foreign trade or trade between the Atlantic

and Pacific ports of the United States or between the United

States and any of its possessions, or between Hawaii and any

other part of the United States, or between Alaska and any other

part of the United States, or (C) aircraft registered in the

United States and actually engaged in foreign trade or trade

between the United States and any of its possessions, or between

Hawaii and any other part of the United States or between Alaska

and any other part of the United States; or

(2) for supplies (including equipment) or repair of (A) vessels

of war of any foreign nation, or (B) foreign vessels employed in

the fisheries or in the whaling business, or actually engaged in

foreign trade or trade between the United States and any of its

possessions, or between Hawaii and any other part of the United

States or between Alaska and any other part of the United States,

where such trade by foreign vessels is permitted; or

(3) for supplies (including equipment), ground equipment,

maintenance, or repair of aircraft registered in any foreign

country and actually engaged in foreign trade or trade between

the United States and any of its possessions, or between Hawaii

and any other part of the United States or between Alaska and any

other part of the United States, where trade by foreign aircraft

is permitted. With respect to articles for ground equipment, the

exemption hereunder shall apply only to duties and to taxes

imposed upon or by reason of importation.

The provisions for free withdrawals made by this subsection shall

not apply to petroleum products for vessels or aircraft in voyages

or flights exclusively between Hawaii or Alaska and any airport or

Pacific coast seaport of the United States.

(b) Drawback

Articles withdrawn from bonded warehouses, bonded manufacturing

warehouses, continuous customs custody elsewhere than in a bonded

warehouse, or from a foreign-trade zone, imported articles, and

articles of domestic manufacture or production, laden as supplies

upon any such vessel or aircraft of the United States or laden as

supplies (including equipment) upon, or used in the maintenance or

repair of, any such foreign vessel or aircraft, shall be considered

to be exported within the meaning of the drawback provisions of

this chapter.

Any article exempted from duty or tax, or in respect of which

drawback has been allowed, under this section or section 1317 of

this title and thereafter removed in the United States from any

vessel or aircraft, or otherwise returned to the United States,

shall be treated as an importation from a foreign country.

(d) Reciprocal privileges

The privileges granted by this section and section 1317 of this

title in respect of aircraft registered in a foreign country shall

be allowed only if the Secretary of the Treasury shall have been

advised by the Secretary of Commerce that he has found that such

foreign country allows, or will allow, substantially reciprocal

privileges in respect of aircraft registered in the United States.

If the Secretary of Commerce shall advise the Secretary of the

Treasury that he has found that a foreign country has discontinued,

or will discontinue, the allowance of such privileges, the

privileges granted by this section and such section 1317 shall not

apply thereafter in respect of aircraft registered in that foreign

country.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 309, 46 Stat. 690; June

25, 1938, ch. 679, Sec. 5(a), 52 Stat. 1080; July 22, 1941, ch.

314, Sec. 3, 55 Stat. 602; Aug. 8, 1953, ch. 397, Sec. 11(a), 67

Stat. 514; Pub. L. 86-606, Sec. 5(a), July 7, 1960, 74 Stat. 361;

Pub. L. 101-382, title III, Sec. 484A(b), Aug. 20, 1990, 104 Stat.

708.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Oct. 3, 1913, ch. 16, Sec. IV, K, 38 Stat. 197, which superseded a

like provision made by an amendment of R.S. Sec. 2982, by the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 21, 36 Stat.

88. Section IV, K, of the act of 1913, and R.S. Sec. 2982 were

superseded by act Sept. 21, 1922, ch. 356, title III, Sec. 309, 42

Stat. 938, and respectively repealed by sections 321 and 642

thereof. Section 309 of the act of 1922 was superseded by section

309 of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-382 inserted ''imported

articles,'' after ''foreign-trade zone,''.

1960 - Subsec. (a). Pub. L. 86-606 inserted '', or between Hawaii

and any other part of the United States or between Alaska and any

other part of the United States'' after ''possessions'' wherever

appearing, and made the provisions for free withdrawals

inapplicable to petroleum products for vessels or aircraft in

voyages or flights between Hawaii or Alaska and any airport or

Pacific coast seaport of the United States.

1953 - Subsec. (a). Act Aug. 8, 1953, extended the exemption from

payment of duty and internal revenue tax theretofore available to

supplies for certain vessels and aircraft withdrawn from bonded

warehouses, bonded manufacturing warehouses, or continuous customs

custody elsewhere to supplies withdrawn from foreign trade zones;

accorded free entry for equipment withdrawn for foreign vessels;

and enlarged the classes of vessels and aircraft theretofore

covered to include all vessels and aircraft operated by the United

States.

Subsec. (b). Act Aug. 8, 1953, made technical changes to conform

with the changes made by such act in subsec. (a), including

insertion of ''or from a foreign-trade zone,''.

1941 - Subsec. (a). Act July 22, 1941, inserted ''or from any

internal-revenue bonded warehouse, from any brewery, or from any

winery premises or bonded premises for the storage of wine, free of

internal-revenue tax'' after ''internal-revenue tax''.

1938 - Act June 25, 1938, amended section generally, adding

subsecs. (c) and (d).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 484A(c) of Pub. L. 101-382 provided that:

''Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C.

1514) or any other provision of law, the amendments made by this

section (amending this section and section 1313 of this title)

shall apply to -

''(1) claims filed or liquidated on or after January 1, 1988,

and

''(2) claims that are unliquidated, under protest, or in

litigation on the date of enactment of this Act (Aug. 20,

1990).''

EFFECTIVE DATE OF 1960 AMENDMENT

Section 5(b) of Pub. L. 86-606 provided that: ''The amendment

made by this section (amending this section) shall apply only with

respect to articles withdrawn as provided in section 309(a) of the

Tariff Act of 1930, as amended (subsec. (a) of this section), on or

after the date of the enactment of this Act (July 7, 1960).''

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1557 of this title; title

26 sections 5003, 5053, 5055, 5214.

-CITE-

19 USC Sec. 1310 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1310. Free importation of merchandise recovered from sunken

and abandoned vessels

-STATUTE-

Whenever any vessel laden with merchandise, in whole or in part

subject to duty, has been sunk in any river, harbor, bay, or waters

subject to the jurisdiction of the United States, and within its

limits, for the period of two years and is abandoned by the owner

thereof, any person who may raise such vessel shall be permitted to

bring any merchandise recovered therefrom into the port nearest to

the place where such vessel was so raised free from the payment of

any duty thereupon, but under such regulations as the Secretary of

the Treasury may prescribe.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 310, 46 Stat. 691.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Oct. 3, 1913, ch. 16, Sec. IV, L, 38 Stat. 197, superseding similar

provisions of previous tariff acts. That section was superseded by

act Sept. 21, 1922, ch. 356, title III, Sec. 310, 42 Stat. 938, and

repealed by section 321 of that act. Section 310 of act Sept. 21,

1922, was superseded by section 310 of act June 17, 1930, and

repealed by section 651(a)(1) of the 1930 act.

-CITE-

19 USC Sec. 1311 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1311. Bonded manufacturing warehouses

-STATUTE-

All articles manufactured in whole or in part of imported

materials, or of materials subject to internal-revenue tax, and

intended for exportation without being charged with duty, and

without having an internal-revenue stamp affixed thereto, shall,

under such regulations as the Secretary of the Treasury may

prescribe, in order to be so manufactured and exported, be made and

manufactured in bonded warehouses similar to those known and

designated in Treasury Regulations as bonded warehouses, class six:

Provided, That the manufacturer of such articles shall first give

satisfactory bonds for the faithful observance of all the

provisions of law and of such regulations as shall be prescribed by

the Secretary of the Treasury: Provided further, That the

manufacture of distilled spirits from grain, starch, molasses, or

sugar, including all dilutions or mixtures of them or either of

them, shall not be permitted in such manufacturing warehouses.

Whenever goods manufactured in any bonded warehouse established

under the provisions of the preceding paragraph shall be exported

directly therefrom or shall be duly laden for transportation and

immediate exportation under the supervision of the proper officer

who shall be duly designated for that purpose, such goods shall be

exempt from duty and from the requirements relating to revenue

stamps.

No flour, manufactured in a bonded manufacturing warehouse from

wheat imported after ninety days after June 17, 1930, shall be

withdrawn from such warehouse for exportation without payment of a

duty on such imported wheat equal to any reduction in duty which by

treaty will apply in respect of such flour in the country to which

it is to be exported.

Any materials used in the manufacture of such goods, and any

packages, coverings, vessels, brands, and labels used in putting up

the same may, under the regulations of the Secretary of the

Treasury, be conveyed without the payment of revenue tax or duty

into any bonded manufacturing warehouse, and imported goods may,

under the aforesaid regulations, be transferred without the

exaction of duty from any bonded warehouse into any bonded

manufacturing warehouse; but this privilege shall not be held to

apply to implements, machinery, or apparatus to be used in the

construction or repair of any bonded manufacturing warehouse or for

the prosecution of the business carried on therein.

Articles or materials received into such bonded manufacturing

warehouse or articles manufactured therefrom may be withdrawn or

removed therefrom for direct shipment and exportation or for

transportation and immediate exportation in bond to foreign

countries or to the Philippine Islands under the supervision of the

officer duly designated therefor by the appropriate customs officer

of the port, who shall certify to such shipment and exportation, or

ladening for transportation, as the case may be, describing the

articles by their mark or otherwise, the quantity, the date of

exportation, and the name of the vessel: Provided, That the

by-products incident to the processes of manufacture, including

waste derived from cleaning rice in bonded warehouses under the Act

of March 24, 1874, ch. 65, 18 Stat. 24, in said bonded warehouses

may be withdrawn for domestic consumption on the payment of duty

equal to the duty which would be assessed and collected by law if

such waste or by-products were imported from a foreign country:

Provided, That all waste material may be destroyed under Government

supervision. All labor performed and services rendered under these

provisions shall be under the supervision of a duly designated

officer of the customs and at the expense of the manufacturer.

A careful account shall be kept by the appropriate customs

officer of all merchandise delivered by him to any bonded

manufacturing warehouse, and a sworn monthly return, verified by

the customs officers in charge, shall be made by the manufacturer

containing a detailed statement of all imported merchandise used by

him in the manufacture of exported articles.

Before commencing business the proprietor of any manufacturing

warehouse shall file with the Secretary of the Treasury a list of

all the articles intended to be manufactured in such warehouse, and

state the formula of manufacture and the names and quantities of

the ingredients to be used therein.

Articles manufactured under these provisions may be withdrawn

under such regulations as the Secretary of the Treasury may

prescribe for transportation and delivery into any bonded warehouse

for the sole purpose of export therefrom: Provided, That cigars

manufactured in whole of tobacco imported from any one country,

made and manufactured in such bonded manufacturing warehouses, may

be withdrawn for home consumption upon the payment of the duties on

such tobacco in its condition as imported under such regulations as

the Secretary of the Treasury may prescribe, and the payment of the

internal-revenue tax accruing on such cigars in their condition as

withdrawn, and the boxes or packages containing such cigars shall

be stamped to indicate their character, origin of tobacco from

which made, and place of manufacture.

The provisions of section 3433 of the Revised Statutes shall, so

far as may be practicable, apply to any bonded manufacturing

warehouse established under this chapter and to the merchandise

conveyed therein.

Distilled spirits and wines which are rectified in bonded

manufacturing warehouses, class six, and distilled spirits which

are reduced in proof and bottled in such warehouses, shall be

deemed to have been manufactured within the meaning of this

section, and may be withdrawn as hereinbefore provided, and

likewise for shipment in bond to Puerto Rico, subject to the

provisions of this section, and under such regulations as the

Secretary of the Treasury may prescribe, there to be withdrawn for

consumption or be rewarehoused and subsequently withdrawn for

consumption: Provided, That upon withdrawal in Puerto Rico for

consumption, the duties imposed by the customs laws of the United

States shall be collected on all imported merchandise (in its

condition as imported) and imported containers used in the

manufacture and putting up of such spirits and wines in such

warehouses.

No article manufactured in a bonded warehouse from materials that

are goods subject to NAFTA drawback, as defined in section 3333(a)

of this title, may be withdrawn from warehouse for exportation to a

NAFTA country, as defined in section 3301(4) of this title, without

assessment of a duty on the materials in their condition and

quantity, and at their weight, at the time of importation into the

United States. The duty shall be paid before the 61st day after the

date of exportation, except that upon the presentation, before such

61st day, of satisfactory evidence of the amount of any customs

duties paid to the NAFTA country on the article, the customs duty

may be waived or reduced (subject to section 1508(b)(2)(B) of this

title) in an amount that does not exceed the lesser of -

(1) the total amount of customs duties paid or owed on the

materials on importation into the United States, or

(2) the total amount of customs duties paid on the article to

the NAFTA country.

If Canada ceases to be a NAFTA country and the suspension of the

operation of the United States-Canada Free-Trade Agreement

thereafter terminates, no article manufactured in a bonded

warehouse, except to the extent that such article is made from an

article that is a drawback eligible good under section 204(a) of

the United States-Canada Free-Trade Agreement Implementation Act of

1988, may be withdrawn from such warehouse for exportation to

Canada during the period such Agreement is in operation without

payment of a duty on such imported merchandise in its condition,

and at the rate of duty in effect, at the time of importation.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 311, 46 Stat. 691; June

26, 1936, ch. 830, title IV, Sec. 404, 49 Stat. 1960; Pub. L.

91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.

96-39, title VIII, Sec. 856(b), July 26, 1979, 93 Stat. 295; Pub.

L. 97-446, title II, Sec. 202, Jan. 12, 1983, 96 Stat. 2350; Pub.

L. 100-449, title II, Sec. 204(c)(1), Sept. 28, 1988, 102 Stat.

1862; Pub. L. 103-182, title II, Sec. 203(b)(1), Dec. 8, 1993, 107

Stat. 2088.)

-REFTEXT-

REFERENCES IN TEXT

Act March 24, 1874, referred to in text, which provided that

''importers' bonded warehouses, to be used for the storage and

cleansing of imported rice intended for exportation to foreign

countries, may be established at any port of entry in the United

States, under such rules and regulations as the Secretary of the

Treasury may prescribe'', was repealed by act Sept. 21, 1922, ch.

356, title IV, Sec. 643, 42 Stat. 989.

R.S. Sec. 3433, referred to in text, was amended by act Feb. 27,

1877, ch. 69, 19 Stat. 248. The provisions of R.S. Sec. 3433 as

they existed prior to the amendment by act Feb. 27, 1877, were

reenacted as section 10 of act Oct. 1, 1890, ch. 1244, 26 Stat.

614. Section 55 of said act Oct. 1, 1890, repealed all laws and

parts of laws inconsistent therewith. The provisions of said

section 10 of act Oct. 1, 1890, were incorporated into the Internal

Revenue Code of 1939, as subsections (a), (b), (c), and (d)(1) of

section 3177. See section 5521 of Title 26, Internal Revenue Code.

Section 204 of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, referred to in text, is section 204 of

Pub. L. 100-449, which is set out in a note under section 2112 of

this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Oct. 3, 1913, ch. 16, Sec. IV, M, 38 Stat. 197, which was

superseded by act Sept. 21, 1922, ch. 356, title III, Sec. 311, 42

Stat. 938, and repealed by section 321 thereof. Section 311 of the

1922 act was superseded by section 311 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Section IV, M, of the act of 1913 superseded previous similar

provisions of the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6,

Sec. 23, 36 Stat. 88, which superseded those of the Dingley Tariff

Act of July 24, 1897, ch. 11, Sec. 15, 30 Stat. 207. Similar

provisions were contained in the Wilson Tariff Act of Aug. 27,

1894, ch. 349, Sec. 9, 28 Stat. 548.

AMENDMENTS

1993 - Pub. L. 103-182 amended last par. generally. Prior to

amendment, last par. read as follows: ''No article manufactured in

a bonded warehouse, except to the extent that such article is made

from an article that is a drawback eligible good under section

204(a) of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, may be withdrawn from such warehouse

for exportation to Canada on or after January 1, 1994, or such

later date as may be proclaimed by the President under section

204(b)(2)(B) of such Act of 1988, without payment of a duty on such

imported merchandise in its condition, and at the rate of duty in

effect, at the time of importation.''

1988 - Pub. L. 100-449 added par. at end relating to articles

withdrawn for exportation to Canada on and after Jan. 1, 1994, and

to drawback-eligible goods under the United States-Canada

Free-Trade Agreement Implementation Act of 1988.

1983 - Pub. L. 97-446 struck out ''at an exterior port'' after

''bonded warehouse'' and ''immediate'' after ''sole purpose of'' in

eighth par.

1979 - Pub. L. 96-39, in par. relating to distilled spirits and

wine, struck out provision that no internal revenue tax be imposed

on distilled spirits and wines rectified in class six warehouses if

such distilled spirits and wines are exported or shipped in

accordance with the provisions of this section, and that no person

rectifying distilled spirits or wines in such warehouses be subject

by reason of such rectification to the payment of special tax as

rectifier.

1970 - Pub. L. 91-271 substituted references to the appropriate

customs officer for references to the collector wherever appearing.

1936 - Act June 26, 1936, inserted par. at end relating to

distilled spirits and wine.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 applicable (1) with respect to

exports from the United States to Canada on Jan. 1, 1996, if Canada

is a NAFTA country on that date and after such date for so long as

Canada continues to be a NAFTA country and (2) with respect to

exports from the United States to Mexico on Jan. 1, 2001, if Mexico

is a NAFTA country on that date and after such date for so long as

Mexico continues to be a NAFTA country, see section 213(c) of Pub.

L. 103-182, set out as an Effective Date note under section 3331 of

this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Section 856(b) of Pub. L. 96-39 provided that: ''Effective

January 1, 1980, the second proviso to the last paragraph of

section 311 of the Tariff Act of 1930 (this section) is hereby

repealed.''

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section

203 of Pub. L. 91-271, set out as a note under section 1500 of this

title.

-TRANS-

TRANSFER OF FUNCTIONS

Functions of all other 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, Sec. 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.

Customs officers, referred to in text, are under Department of the

Treasury.

-MISC5-

WITHDRAWAL OF DISTILLED SPIRITS TO MANUFACTURING BONDED WAREHOUSES;

TRANSFERS TO WAREHOUSES PENDING EXPORTATION

Pub. L. 96-39, title VIII, Sec. 856(a), July 26, 1979, 93 Stat.

295, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.

2095, provided that: ''In the case of articles described in section

5522(a) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954,

26 U.S.C. 5522(a)) (as in effect before its repeal by section

807(a)(50) of the Distilled Spirits Tax Revision Act of 1979

(section 807(50) of Pub. L. 96-39)) the first sentence of the

eighth paragraph of section 311 of the Tariff Act of 1930 (19

U.S.C. 1311) shall be applied as if such first sentence did not

include the phrase 'at an exterior port'.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1352, 1508, 2703 of this

title; title 18 section 2341; title 26 section 5214.

-CITE-

19 USC Sec. 1312 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1312. Bonded smelting and refining warehouses

-STATUTE-

(a) Bond; charges against bond

Any plant engaged in smelting or refining, or both, of

metal-bearing materials as defined in this section may, upon the

giving of satisfactory bond, be designated a bonded smelting or

refining warehouse. Metal-bearing materials may be entered into a

bonded smelting or refining warehouse without the payment of duties

thereon and there smelted or refined, or both, together with

metal-bearing materials of domestic or foreign origin. Upon

arrival of imported metal-bearing materials at the warehouse they

shall be sampled according to commercial methods and assayed, both

under customs supervision. The bond shall be charged with a sum

equal in amount to the duties which would be payable on such

metal-bearing materials in their condition as imported if entered

for consumption, and the bond charge shall be adjusted to reflect

changes in the applicable rate of duty occurring while the imported

materials are still covered by the bond.

(b) Cancellation of charges against bond

The several charges against such bond may be canceled in whole or

in part -

(1) upon the exportation from the bonded warehouses which

treated the metal-bearing materials, or from any other bonded

smelting or refining warehouse, of a quantity of the same kind of

metal contained in any product of smelting or refining of

metal-bearing materials equal to the dutiable quantity contained

in the imported metal-bearing materials less wastage provided for

in subsection (c) of this section; except that in the case of a

withdrawal for exportation of such a product to a NAFTA country,

as defined in section 3301(4) of this title, if any of the

imported metal-bearing materials are goods subject to NAFTA

drawback, as defined in section 3333(a) of this title, the duties

on the materials shall be paid, and the charges against the bond

canceled, before the 61st day after the date of exportation; but

upon the presentation, before such 61st day, of satisfactory

evidence of the amount of any customs duties paid to the NAFTA

country on the product, the duties on the materials may be waived

or reduced (subject to section 1508(b)(2)(B) of this title) in an

amount that does not exceed the lesser of -

(A) the total amount of customs duties owed on the materials

on importation into the United States, or

(B) the total amount of customs duties paid to the NAFTA

country on the product, or

(2) upon payment of duties on the dutiable quantity of metal

contained in the imported metal-bearing materials, or

(3) upon the transfer of the bond charges to another bonded

smelting or refining warehouse by physical shipment of a quantity

of the same kind of metal contained in any product of smelting or

refining of metal-bearing materials equal to the dutiable

quantity contained in the imported metal-bearing materials less

wastage provided for in subsection (c) of this section, or

(4) upon the transfer of the bond charges to a bonded customs

warehouse other than a bonded smelting or refining warehouse by

physical shipment of a quantity of the same kind of metal

contained in any product of smelting or refining equal to the

dutiable quantity contained in the imported metal-bearing

materials less wastage provided for in subsection (c) of this

section, and upon withdrawal from such other warehouse for

exportation or domestic consumption the provisions of this

section shall apply; except that in the case of a withdrawal for

exportation of such a product to a NAFTA country, as defined in

section 3301(4) of this title, if any of the imported

metal-bearing materials are goods subject to NAFTA drawback, as

defined in section 3333(a) of this title, the duties on the

materials shall be paid, and the charges against the bond

canceled, before the 61st day after the date of exportation; but

upon the presentation, before such 61st day, of satisfactory

evidence of the amount of any customs duties paid to the NAFTA

country on the product, the duties on the materials may be waived

or reduced (subject to section 1508(b)(2)(B) of this title) in an

amount that does not exceed the lesser of -

(A) the total amount of customs duties owed on the materials

on importation into the United States, or

(B) the total amount of customs duties paid to the NAFTA

country on the product, or

(5) upon the transfer to another bonded smelting or refining

warehouse without physical shipment of metal of bond charges

representing a quantity of dutiable metal contained in imported

metal-bearing materials less wastage provided for in subsection

materials provided there is on hand at the warehouse to which the

transfer is made sufficient like metal in any form to satisfy the

transferred bond charges.

If Canada ceases to be a NAFTA country and the suspension of the

operation of the United States-Canada Free-Trade Agreement

thereafter terminates, no charges against such bond may be canceled

in whole or part upon an exportation to Canada under paragraph (1)

or (4) during the period such Agreement is in operation except to

the extent that the metal-bearing materials were of Canadian origin

as determined in accordance with section 202 of the United

States-Canada Free-Trade Agreement Implementation Act of 1988.

For purposes of paragraphs (1), (3), (4), and (5) of subsection

(b) of this section, due allowances shall be made for wastage of

metals other than copper, lead, and zinc, as ascertained from time

to time by the Secretary of the Treasury.

(d) Credit for exportation of product other than refined metal

Upon the exportation of a product of smelting or refining other

than refined metal the bond shall be credited with a quantity of

metal equivalent to the quantity of metal contained in the product

exported less the proportionate part of the deductions allowed for

losses in determination of the bond charge being cancelled that

would not ordinarily be sustained in production of the specific

product exported as ascertained from time to time by the Secretary

of the Treasury; except that in the case of a withdrawal for

exportation to a NAFTA country, as defined in section 3301(4) of

this title, if any of the imported metal-bearing materials are

goods subject to NAFTA drawback, as defined in section 3333(a) of

this title, charges against the bond shall be paid before the 61st

day after the date of exportation; but upon the presentation,

before such 61st day, of satisfactory evidence of the amount of any

customs duties paid to the NAFTA country on the product, the bond

shall be credited (subject to section 1508(b)(2)(B) of this title)

in an amount not to exceed the lesser of -

(1) the total amount of customs duties paid or owed on the

materials on importation into the United States, or

(2) the total amount of customs duties paid to the NAFTA

country on the product.

If Canada ceases to be a NAFTA country and the suspension of the

operation of the United States-Canada Free-Trade Agreement

thereafter terminates, no bond shall be credited under this

subsection with respect to an exportation of a product to Canada

during the period such Agreement is in operation except to the

extent that the product is a drawback eligible good under section

204(a) of the United States-Canada Free-Trade Agreement

Implementation Act of 1988.

(e) General bond for two or more warehouses

Two or more smelting or refining warehouses may be included under

one general bond and the quantities of each kind of metal subject

to duty on hand at all of such warehouses may be aggregated to

satisfy the bond obligation.

(f) Definitions

For purposes of this section -

(1) the term ''metal-bearing materials'' means metal-bearing

ores and other metal-bearing materials provided for in chapter 26

of the Harmonized Tariff Schedule of the United States, metal

waste and scrap and unwrought metal to be smelted or refined

provided for in chapters 71 through 83 of the Harmonized Tariff

Schedule of the United States, and metal compounds to be

processed for the recovery of their metal content;

(2) the term ''smelting or refining'' embraces only

pyrometallurgical, hydrometallurgical, electrometallurgical,

chemical, or other processes -

(A) for the treatment of metal-bearing materials to reduce

the metal content thereof to a metallic state in the course of

recovering it in forms which if imported would be classifiable

in chapters 71 through 83 of the Harmonized Tariff Schedule of

the United States as unwrought metal, or in the form of oxides

or other compounds which are obtained directly from the

treatment of materials provided for in chapter 26 of the

Harmonized Tariff Schedule of the United States, and

(B) for the treatment of unwrought metal or metal waste and

scrap to remove impurities or undesired components; and

(3) the term ''product of smelting or refining'' means metals

or metal-bearing materials resulting directly from smelting or

refining processes, but does not include metal-bearing ores of

chapter 26 of the Harmonized Tariff Schedule of the United

States.

(g) Supervision and cost of labor under this section

Labor performed and services rendered pursuant to this section

shall be under the supervision of an officer of the customs, to be

appointed by the Secretary of the Treasury and at the expense of

the manufacturer. The Secretary of the Treasury is authorized to

make such rules and regulations as may be necessary to carry out

the provisions of this section.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 312, 46 Stat. 692; Pub. L.

87-456, title III, Sec. 301(b), May 24, 1962, 76 Stat. 75; Pub. L.

100-418, title I, Sec. 1214(h)(1), Aug. 23, 1988, 102 Stat. 1157;

Pub. L. 100-449, title II, Sec. 204(c)(2), Sept. 28, 1988, 102

Stat. 1862; Pub. L. 103-182, title II, Sec. 203(b)(2), Dec. 8,

1993, 107 Stat. 2088.)

-REFTEXT-

REFERENCES IN TEXT

Sections 202 and 204 of the United States-Canada Free-Trade

Agreement Implementation Act of 1988, referred to in subsecs. (b)

and (d), are sections 202 and 204 of Pub. L. 100-449, which are set

out in a note under section 2112 of this title.

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (f), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Oct. 3, 1913, ch. 16, Sec. IV, N, subsection 1, 38 Stat. 198, which

was superseded by act Sept. 21, 1922, ch. 356, title III, Sec. 312,

42 Stat. 940, and repealed by section 321 thereof. Section 312 of

the act of 1922 was superseded by section 312 of act June 17, 1930,

and repealed by section 651(a)(1) of the 1930 act.

Provisions more or less similar were contained in the

Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 24, 36 Stat.

89, the Dingley Tariff Act of July 24, 1897, ch. 11, Sec. 29, 30

Stat. 210, the McKinley Tariff Act of Oct. 1, 1890, ch. 1244, Sec.

24, 26 Stat. 617, and the Wilson Tariff Act of Aug. 27, 1894, ch.

349, Sec. 21, 28 Stat. 551.

Previous provisions for sampling lead ores were contained in act

Mar. 2, 1895, ch. 189, Sec. 1, 28 Stat. 933, prior to repeal by act

Sept. 21, 1922, ch. 356, title III, Sec. 321, 42 Stat. 947.

AMENDMENTS

1993 - Subsec. (b). Pub. L. 103-182, Sec. 203(b)(2)(B), inserted

concluding provisions following par. (5).

Subsec. (b)(1). Pub. L. 103-182, Sec. 203(b)(2)(A), struck out

''(other than exportation to Canada on or after January 1, 1994, or

such later date as may be proclaimed by the President under section

204(b)(2)(B) of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, except to the extent that the

metal-bearing materials were of Canadian origin as determined in

accordance with section 202 of such Act of 1988)'' after ''upon the

exportation'' and inserted provisions excepting goods withdrawn for

exportation to a NAFTA country.

Subsec. (b)(4). Pub. L. 103-182, Sec. 203(b)(2)(A), struck out

''(other than exportation to Canada on or after January 1, 1994, or

such later date as may be proclaimed by the President under section

204(b)(2)(B) of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, except to the extent that the

metal-bearing materials were of Canadian origin as determined in

accordance with section 202 of such Act of 1988)'' after

''warehouse for exportation'' and inserted provisions excepting

goods withdrawn for exportation to a NAFTA country.

Subsec. (d). Pub. L. 103-182, Sec. 203(b)(2)(C), struck out

''(other than exportation to Canada on or after January 1, 1994, or

such later date as may be proclaimed by the President under section

204(b)(2)(B) of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, except to the extent that the product

is a drawback eligible good under section 204(a) of such Act of

1988)'' after ''Upon the exportation'' and inserted before

concluding period provisions excepting goods withdrawn for

exportation to a NAFTA country, including pars. (1) and (2), as

well as sentence relating to conditions arising should Canada cease

to be a NAFTA country.

1988 - Subsec. (b)(1), (4). Pub. L. 100-449, Sec. 204(c)(2)(A),

inserted ''(other than exportation to Canada on or after January 1,

1994, or such later date as may be proclaimed by the President

under section 204(b)(2)(B) of the United States-Canada Free-Trade

Agreement Implementation Act of 1988, except to the extent that the

metal-bearing materials were of Canadian origin as determined in

accordance with section 202 of such Act of 1988)'' after

''exportation''.

Subsec. (d). Pub. L. 100-449, Sec. 204(c)(2)(B), inserted

''(other than exportation to Canada on or after January 1, 1994, or

such later date as may be proclaimed by the President under section

204(b)(2)(B) of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, except to the extent that the product

is a drawback eligible good under section 204(a) of such Act of

1988)'' after ''exportation''.

Subsec. (f)(1). Pub. L. 100-418, Sec. 1214(h)(1)(A), substituted

''chapter 26 of the Harmonized Tariff Schedule of the United

States'' for ''schedule 6, part 1, of the Tariff Schedules of the

United States'' and ''chapters 71 through 83 of the Harmonized

Tariff Schedule of the United States'' for ''schedule 6, part 2, of

such schedules'' and struck out the quotation marks surrounding

''metal waste and scrap'' and ''unwrought metal''.

Subsec. (f)(2)(A). Pub. L. 100-418, Sec. 1214(h)(1)(B),

substituted ''chapters 71 through 83 of the Harmonized Tariff

Schedule of the United States'' for ''part 2 of schedule 6'' and

''chapter 26 of the Harmonized Tariff Schedule of the United

States'' for ''part 1 of schedule 6'' and struck out single

quotation marks surrounding ''unwrought metal''.

Subsec. (f)(3). Pub. L. 100-418, Sec. 1214(h)(1)(C), substituted

''of chapter 26 of the Harmonized Tariff Schedule of the United

States'' for ''as defined in part 1 of schedule 6''.

1962 - Pub. L. 87-456 amended section generally, and among other

changes, substituted ''metal-bearing minerals'' for ''ores or crude

metals'', authorized adjustment of the bond charge to reflect

changes in the applicable rate of duty occurring while the imported

materials are still covered by the bond, permitted two or more

warehouses to be included under one general bond, prohibited

allowances for wastage of copper, lead, and zinc, and defined

''metal-bearing materials'', ''smelting or refining'', and

''product of smelting or refining''.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by Pub. L. 103-182 applicable (1) with respect to

exports from the United States to Canada on Jan. 1, 1996, if Canada

is a NAFTA country on that date and after such date for so long as

Canada continues to be a NAFTA country and (2) with respect to

exports from the United States to Mexico on Jan. 1, 2001, if Mexico

is a NAFTA country on that date and after such date for so long as

Mexico continues to be a NAFTA country, see section 213(c) of Pub.

L. 103-182, set out as an Effective Date note under section 3331 of

this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1962 AMENDMENT

Amendment by Pub. L. 87-456 effective with respect to articles

entered, or withdrawn from warehouse, for consumption on or after

Aug. 31, 1963, see section 501(a) of Pub. L. 87-456.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1508 of this title.

-CITE-

19 USC Sec. 1313 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1313. Drawback and refunds

-STATUTE-

(a) Articles made from imported merchandise

Upon the exportation or destruction under customs supervision of

articles manufactured or produced in the United States with the use

of imported merchandise, provided that those articles have not been

used prior to such exportation or destruction, the full amount of

the duties paid upon the merchandise so used shall be refunded as

drawback, less 1 per centum of such duties, except that such duties

shall not be so refunded upon the exportation or destruction of

flour or by-products produced from imported wheat. Where two or

more products result from the manipulation of imported merchandise,

the drawback shall be distributed to the several products in

accordance with their relative values at the time of separation.

(b) Substitution for drawback purposes

If imported duty-paid merchandise and any other merchandise

(whether imported or domestic) of the same kind and quality are

used in the manufacture or production of articles within a period

not to exceed three years from the receipt of such imported

merchandise by the manufacturer or producer of such articles, there

shall be allowed upon the exportation, or destruction under customs

supervision, of any such articles, notwithstanding the fact that

none of the imported merchandise may actually have been used in the

manufacture or production of the exported or destroyed articles, an

amount of drawback equal to that which would have been allowable

had the merchandise used therein been imported, but only if those

articles have not been used prior to such exportation or

destruction; but the total amount of drawback allowed upon the

exportation or destruction under customs supervision of such

articles, together with the total amount of drawback allowed in

respect of such imported merchandise under any other provision of

law, shall not exceed 99 per centum of the duty paid on such

imported merchandise.

Upon the exportation, or destruction under the supervision of the

Customs Service, of merchandise -

(1) not conforming to sample or specifications, shipped without

the consent of the consignee, or determined to be defective as of

the time of importation;

(2) upon which the duties have been paid;

(3) which has been entered or withdrawn for consumption; and

(4) which, within 3 years after release from the custody of the

Customs Service, has been returned to the custody of the Customs

Service for exportation or destruction under the supervision of

the Customs Service;

the full amount of the duties paid upon such merchandise, less 1

percent, shall be refunded as drawback.

(d) Flavoring extracts; medicinal or toilet preparations; bottled

distilled spirits and wines

Upon the exportation of flavoring extracts, medicinal or toilet

preparations (including perfumery) manufactured or produced in the

United States in part from domestic alcohol on which an

internal-revenue tax has been paid, there shall be allowed a

drawback equal in amount to the tax found to have been paid on the

alcohol so used.

Upon the exportation of bottled distilled spirits and wines

manufactured or produced in the United States on which an

internal-revenue tax has been paid or determined, there shall be

allowed, under regulations to be prescribed by the Commissioner of

Internal Revenue, with the approval of the Secretary of the

Treasury, a drawback equal in amount to the tax found to have been

paid or determined on such bottled distilled spirits and wines. In

the case of distilled spirits, the preceding sentence shall not

apply unless the claim for drawback is filed by the bottler or

packager of the spirits and unless such spirits have been stamped

or restamped, and marked, especially for export, under regulations

prescribed by the Commissioner of Internal Revenue, with the

approval of the Secretary of the Treasury.

(e) Imported salt for curing fish

Imported salt in bond may be used in curing fish taken by vessels

licensed to engage in the fisheries, and in curing fish on the

shores of the navigable waters of the United States, whether such

fish are taken by licensed or unlicensed vessels, and upon proof

that the salt has been used for either of such purposes, the duties

on the same shall be remitted.

(f) Exportation of meats cured with imported salt

Upon the exportation of meats, whether packed or smoked, which

have been cured in the United States with imported salt, there

shall be refunded, upon satisfactory proof that such meats have

been cured with imported salt, the duties paid on the salt so used

in curing such exported meats, in amounts not less than $100.

(g) Materials for construction and equipment of vessels built for

foreigners

The provisions of this section shall apply to materials imported

and used in the construction and equipment of vessels built for

foreign account and ownership, or for the government of any foreign

country, notwithstanding that such vessels may not within the

strict meaning of the term be articles exported.

(h) Jet aircraft engines

Upon the exportation of jet aircraft engines manufactured or

produced abroad that have been overhauled, repaired, rebuilt, or

reconditioned in the United States with the use of imported

merchandise, including parts, there shall be refunded, upon

satisfactory proof that such imported merchandise has been so used,

the duties which have been paid thereon, in amounts not less than

$100.

(i) Time limitation on exportation

No drawback shall be allowed under the provisions of this section

unless the completed article is exported within five years after

importation of the imported merchandise.

(j) Unused merchandise drawback

(1) If imported merchandise, on which was paid any duty, tax, or

fee imposed under Federal law because of its importation -

(A) is, before the close of the 3-year period beginning on the

date of importation -

(i) exported, or

(ii) destroyed under customs supervision; and

(B) is not used within the United States before such

exportation or destruction;

then upon such exportation or destruction 99 percent of the amount

of each duty, tax, or fee so paid shall be refunded as drawback.

The exporter (or destroyer) has the right to claim drawback under

this paragraph, but may endorse such right to the importer or any

intermediate party.

(2) Subject to paragraph (4), if there is, with respect to

imported merchandise on which was paid any duty, tax, or fee

imposed under Federal law because of its importation, any other

merchandise (whether imported or domestic), that -

(A) is commercially interchangeable with such imported

merchandise;

(B) is, before the close of the 3-year period beginning on the

date of importation of the imported merchandise, either exported

or destroyed under customs supervision; and

(i) is not used within the United States, and

(ii) is in the possession of, including ownership while in

bailment, in leased facilities, in transit to, or in any other

manner under the operational control of, the party claiming

drawback under this paragraph, if that party -

(I) is the importer of the imported merchandise, or

(II) received from the person who imported and paid any

duty due on the imported merchandise a certificate of

delivery transferring to the party the imported merchandise,

commercially interchangeable merchandise, or any combination

of imported and commercially interchangeable merchandise (and

any such transferred merchandise, regardless of its origin,

will be treated as the imported merchandise and any retained

merchandise will be treated as domestic merchandise);

then upon the exportation or destruction of such other merchandise

the amount of each such duty, tax, and fee paid regarding the

imported merchandise shall be refunded as drawback, but in no case

may the total drawback on the imported merchandise, whether

available under this paragraph or any other provision of law or any

combination thereof, exceed 99 percent of that duty, tax, or fee.

(3) The performing of any operation or combination of operations

(including, but not limited to, testing, cleaning, repacking,

inspecting, sorting, refurbishing, freezing, blending, repairing,

reworking, cutting, slitting, adjusting, replacing components,

relabeling, disassembling, and unpacking), not amounting to

manufacture or production for drawback purposes under the preceding

provisions of this section on -

(A) the imported merchandise itself in cases to which paragraph

(1) applies, or

(B) the commercially interchangeable merchandise in cases to

which paragraph (2) applies,

shall not be treated as a use of that merchandise for purposes of

applying paragraph (1)(B) or (2)(C).

(4) Effective upon the entry into force of the North American

Free Trade Agreement, the exportation to a NAFTA country, as

defined in section 2(4) of the North American Free Trade Agreement

Implementation Act (19 U.S.C. 3301(4)), of merchandise that is

fungible with and substituted for imported merchandise, other than

merchandise described in paragraphs (1) through (8) of section

203(a) of that Act (19 U.S.C. 3333(a)), shall not constitute an

exportation for purposes of paragraph (2).

(k) Use of domestic merchandise acquired in exchange for imported

merchandise of same kind and quality

For purposes of subsections (a) and (b) of this section, the use

of any domestic merchandise acquired in exchange for imported

merchandise of the same kind and quality shall be treated as the

use of such imported merchandise if no certificate of delivery is

issued with respect to such imported merchandise.

(l) Regulations

Allowance of the privileges provided for in this section shall be

subject to compliance with such rules and regulations as the

Secretary of the Treasury shall prescribe, which may include, but

need not be limited to, the authority for the electronic submission

of drawback entries and the designation of the person to whom any

refund or payment of drawback shall be made.

(m) Source of payment

Any drawback of duties that may be authorized under the

provisions of this chapter shall be paid from the customs receipts

of Puerto Rico, if the duties were originally paid into the

Treasury of Puerto Rico.

(n) Refunds, waivers, or reductions under North American Free Trade

Agreement Implementation Act

(1) For purposes of this subsection and subsection (o) of this

section -

(A) the term ''NAFTA Act'' means the North American Free Trade

Agreement Implementation Act (19 U.S.C. 3301 et seq.);

(B) the terms ''NAFTA country'' and ''good subject to NAFTA

drawback'' have the same respective meanings that are given such

terms in sections 2(4) and 203(a) of the NAFTA Act (19 U.S.C.

3301(4), 3333(a)); and

of this subsection or paragraph (1) of subsection (o) of this

section is subject to section 1508(b)(2)(B) of this title.

(2) For purposes of subsections (a), (b), (f), (h), (p), and (q)

of this section, if an article that is exported to a NAFTA country

is a good subject to NAFTA drawback, no customs duties on the good

may be refunded, waived, or reduced in an amount that exceeds the

lesser of -

(A) the total amount of customs duties paid or owed on the good

on importation into the United States, or

(B) the total amount of customs duties paid on the good to the

NAFTA country.

(3) If Canada ceases to be a NAFTA country and the suspension of

the operation of the United States-Canada Free-Trade Agreement

thereafter terminates, then for purposes of subsections (a), (b),

(f), (h), (j)(2), and (q) of this section, the shipment to Canada

during the period such Agreement is in operation of an article made

from or substituted for, as appropriate, a drawback eligible good

under section 204(a) of the United States-Canada Free-Trade

Implementation Act of 1988 does not constitute an exportation.

(o) Vessels built for account of resident of NAFTA country

(1) For purposes of subsection (g) of this section, if -

(A) a vessel is built for the account and ownership of a

resident of a NAFTA country or the government of a NAFTA country,

and

(B) imported materials that are used in the construction and

equipment of the vessel are goods subject to NAFTA drawback,

the amount of customs duties refunded, waived, or reduced on such

materials may not exceed the lesser of the total amount of customs

duties paid or owed on the materials on importation into the United

States or the total amount of customs duties paid on the vessel to

the NAFTA country.

(2) If Canada ceases to be a NAFTA country and the suspension of

the operation of the United States-Canada Free-Trade Agreement

thereafter terminates, then for purposes of subsection (g) of this

section, vessels built for Canadian account and ownership, or for

the Government of Canada, may not be considered to be built for any

foreign account and ownership, or for the government of any foreign

country, except to the extent that the materials in such vessels

are drawback eligible goods under section 204(a) of the United

States-Canada Free-Trade Implementation Act of 1988.

(p) Substitution of finished petroleum derivatives

(1) In general

Notwithstanding any other provision of this section, if -

(A) an article (hereafter referred to in this subsection as

the ''exported article'') of the same kind and quality as a

qualified article is exported;

(B) the requirements set forth in paragraph (2) are met; and

drawback shall be allowed as described in paragraph (4).

(2) Requirements

The requirements referred to in paragraph (1) are as follows:

(A) The exporter of the exported article -

(i) manufactured or produced a qualified article in a

quantity equal to or greater than the quantity of the

exported article,

(ii) purchased or exchanged, directly or indirectly, a

qualified article from a manufacturer or producer described

in subsection (a) or (b) of this section in a quantity equal

to or greater than the quantity of the exported article,

(iii) imported a qualified article in a quantity equal to

or greater than the quantity of the exported article, or

(iv) purchased or exchanged, directly or indirectly, a

qualified article from an importer in a quantity equal to or

greater than the quantity of the exported article.

(B) In the case of the requirement described in subparagraph

(A)(ii), the manufacturer or producer produced the qualified

article in a quantity equal to or greater than the quantity of

the exported article.

(A)(ii), the exported article is exported during the period

that the qualified article described in subparagraph (A)(i) or

(A)(ii) (whichever is applicable) is manufactured or produced,

or within 180 days after the close of such period.

(D) In the case of the requirement of subparagraph (A)(i) or

(A)(ii), the specific petroleum refinery or production facility

which made the qualified article concerned is identified.

(E) In the case of the requirement of subparagraph (A)(iii)

or (A)(iv), the exported article is exported within 180 days

after the date of entry of an imported qualified article

described in subparagraph (A)(iii) or (A)(iv) (whichever is

applicable).

(F) Except as otherwise specifically provided in this

subsection, the drawback claimant complies with all

requirements of this section, including providing certificates

which establish the drawback eligibility of articles for which

drawback is claimed.

(G) The manufacturer, producer, importer, transferor,

exporter, and drawback claimant of the qualified article and

the exported article maintain all records required by

regulation.

(3) ''Qualified article'' defined, etc.

For purposes of this subsection -

(A) The term ''qualified article'' means an article -

(i) described in -

(I) headings 2707, 2708, 2709.00, 2710, 2711, 2712, 2713,

2714, 2715, 2901, and 2902, and subheadings 2903.21.00,

2909.19.14, 2917.36, 2917.39.04, 2917.39.15, 2926.10.00,

3811.21.00, and 3811.90.00 of the Harmonized Tariff

Schedule of the United States, or

(II) headings 3901 through 3914 of such Schedule (as such

headings apply to the primary forms provided under Note 6

to chapter 39 of the Harmonized Tariff Schedule of the

United States), and

(ii) which is -

(I) manufactured or produced as described in subsection

(a) or (b) of this section from crude petroleum or a

petroleum derivative,

(II) imported duty-paid, or

(III) an article of the same kind and quality as

described in subparagraph (B), or any combination thereof,

that is transferred, as so certified in a certificate of

delivery or certificate of manufacture and delivery in a

quantity not greater than the quantity of articles

purchased or exchanged.

The transferred merchandise described in subclause (III),

regardless of its origin, so designated on the certificate of

delivery or certificate of manufacture and delivery shall be

the qualified article for purposes of this section. A party

who issues a certificate of delivery, or certificate of

manufacture and delivery, shall also certify to the

Commissioner of Customs that it has not, and will not, issue

such certificates for a quantity greater than the amount

eligible for drawback and that appropriate records will be

maintained to demonstrate that fact.

(B) An article, including an imported, manufactured,

substituted, or exported article, is of the same kind and

quality as the qualified article for which it is substituted

under this subsection if it is a product that is commercially

interchangeable with or referred to under the same eight-digit

classification of the Harmonized Tariff Schedule of the United

States as the qualified article. If an article is referred to

under the same eight-digit classification of the Harmonized

Tariff Schedule of the United States as the qualified article

on January 1, 2000, then whether or not the article has been

reclassified under another eight-digit classification after

January 1, 2000, the article shall be deemed to be an article

that is referred to under the same eight-digit classification

of such Schedule as the qualified article for purposes of the

preceding sentence.

exported article or the refiner, producer, or importer of

either the qualified article or the exported article. Any

person eligible to file a drawback claim under this

subparagraph may designate another person to file such claim.

(4) Limitation on drawback

The amount of drawback payable under this subsection shall not

exceed the amount of drawback that would be attributable to the

article -

(A) manufactured or produced under subsection (a) or (b) of

this section by the manufacturer or producer described in

clause (i) or (ii) of paragraph (2)(A), or

(B) imported under clause (iii) or (iv) of paragraph (2)(A)

had the claim qualified for drawback under subsection (j) of

this section.

(q) Packaging material

(1) In general

Packaging material, when used on or for articles or merchandise

exported or destroyed under subsection (a), (b), (c), or (j) of

this section, shall be eligible under such subsection for refund,

as drawback, of 99 percent of any duty, tax, or fee imposed under

Federal law on the importation of such material.

(2) Additional eligibility

Packaging material produced in the United States, which is used

by the manufacturer or any other person on or for articles which

are exported or destroyed under subsection (a) or (b) of this

section, shall be eligible under such subsection for refund, as

drawback, of 99 percent of any duty, tax, or fee imposed on the

importation of such material used to manufacture or produce the

packaging material.

(r) Filing drawback claims

(1) A drawback entry and all documents necessary to complete a

drawback claim, including those issued by the Customs Service,

shall be filed or applied for, as applicable, within 3 years after

the date of exportation or destruction of the articles on which

drawback is claimed, except that any landing certificate required

by regulation shall be filed within the time limit prescribed in

such regulation. Claims not completed within the 3-year period

shall be considered abandoned. No extension will be granted unless

it is established that the Customs Service was responsible for the

untimely filing.

(2) A drawback entry for refund filed pursuant to any subsection

of this section shall be deemed filed pursuant to any other

subsection of this section should it be determined that drawback is

not allowable under the entry as originally filed but is allowable

under such other subsection.

(3)(A) The Customs Service may, notwithstanding the limitation

set forth in paragraph (1), extend the time for filing a drawback

claim for a period not to exceed 18 months, if -

(i) the claimant establishes to the satisfaction of the Customs

Service that the claimant was unable to file the drawback claim

because of an event declared by the President to be a major

disaster on or after January 1, 1994; and

(ii) the claimant files a request for such extension with the

Customs Service -

(I) within 1 year from the last day of the 3-year period

referred to in paragraph (1), or

(II) within 1 year after October 11, 1996,

whichever is later.

(B) If an extension is granted with respect to a request filed

under this paragraph, the periods of time for retaining records set

forth in subsection (t) of this section and section 1508(c)(3) of

this title shall be extended for an additional 18 months or, in a

case to which subparagraph (A)(ii) applies, for a period not to

exceed 1 year from the date the claim is filed.

has the meaning given that term in section 5122(2) of title 42.

(s) Designation of merchandise by successor

(1) For purposes of subsection (b) of this section, a drawback

successor may designate imported merchandise used by the

predecessor before the date of succession as the basis for drawback

on articles manufactured by the drawback successor after the date

of succession.

(2) For purposes of subsection (j)(2) of this section, a drawback

successor may designate -

(A) imported merchandise which the predecessor, before the date

of succession, imported; or

(B) imported merchandise, commercially interchangeable

merchandise, or any combination of imported and commercially

interchangeable merchandise for which the predecessor received,

before the date of succession, from the person who imported and

paid any duty due on the imported merchandise a certificate of

delivery transferring to the predecessor such merchandise;

as the basis for drawback on merchandise possessed by the drawback

successor after the date of succession.

(3) For purposes of this subsection, the term ''drawback

successor'' means an entity to which another entity (in this

subsection referred to as the ''predecessor'') has transferred by

written agreement, merger, or corporate resolution -

(A) all or substantially all of the rights, privileges,

immunities, powers, duties, and liabilities of the predecessor;

(B) the assets and other business interests of a division,

plant, or other business unit of such predecessor, but only if in

such transfer the value of the transferred realty, personalty,

and intangibles (other than drawback rights, inchoate or

otherwise) exceeds the value of all transferred drawback rights,

inchoate or otherwise.

(4) No drawback shall be paid under this subsection until either

the predecessor or the drawback successor (who shall also certify

that it has the predecessor's records) certifies that -

(A) the transferred merchandise was not and will not be claimed

by the predecessor, and

(B) the predecessor did not and will not issue any certificate

to any other person that would enable that person to claim

drawback.

(t) Drawback certificates

Any person who issues a certificate which would enable another

person to claim drawback shall be subject to the recordkeeping

provisions of this chapter, with the retention period beginning on

the date that such certificate is issued.

(u) Eligibility of entered or withdrawn merchandise

Imported merchandise that has not been regularly entered or

withdrawn for consumption shall not satisfy any requirement for

use, exportation, or destruction under this section.

(v) Multiple drawback claims

Merchandise that is exported or destroyed to satisfy any claim

for drawback shall not be the basis of any other claim for

drawback; except that appropriate credit and deductions for claims

covering components or ingredients of such merchandise shall be

made in computing drawback payments.

(w) Limited applicability for certain agricultural products

(1) In general

No drawback shall be available with respect to an agricultural

product subject to the over-quota rate of duty established under

a tariff-rate quota, except pursuant to subsection (j)(1) of this

section.

(2) Application to tobacco

Notwithstanding paragraph (1), drawback shall also be available

pursuant to subsection (a) of this section with respect to any

tobacco subject to the over-quota rate of duty established under

a tariff-rate quota.

(x) Drawbacks for recovered materials

For purposes of subsections (a), (b), and (c) of this section,

the term ''destruction'' includes a process by which materials are

recovered from imported merchandise or from an article manufactured

from imported merchandise. In determining the amount of duties to

be refunded as drawback to a claimant under this subsection, the

value of recovered materials (including the value of any tax

benefit or royalty payment) that accrues to the drawback claimant

shall be deducted from the value of the imported merchandise that

is destroyed, or from the value of the merchandise used, or

designated as used, in the manufacture of the article.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 313, 46 Stat. 693; May 17,

1932, ch. 190, 47 Stat. 158; June 26, 1936, ch. 830, title IV, Sec.

402, 403, 49 Stat. 1960; Aug. 8, 1951, ch. 297, 65 Stat. 175; Aug.

8, 1953, ch. 397, Sec. 12, 67 Stat. 515; Aug. 6, 1956, ch. 1021,

Sec. 2, 70 Stat. 1076; Pub. L. 85-673, Sec. 1, Aug. 18, 1958, 72

Stat. 624; Pub. L. 90-630, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1328;

Pub. L. 91-692, Sec. 3(a), Jan. 12, 1971, 84 Stat. 2076; Pub. L.

96-609, title II, Sec. 201(a), Dec. 28, 1980, 94 Stat. 3560; Pub.

L. 98-573, title II, Sec. 202, Oct. 30, 1984, 98 Stat. 2973; Pub.

L. 99-514, title XVIII, Sec. 1888(2), Oct. 22, 1986, 100 Stat.

2924; Pub. L. 100-449, title II, Sec. 204(c)(3), Sept. 28, 1988,

102 Stat. 1862; Pub. L. 101-382, title I, Sec. 134(a)(1), (2),

title III, Sec. 484A(a), Aug. 20, 1990, 104 Stat. 649, 707; Pub. L.

103-182, title II, Sec. 203(b)(3), (c), title VI, Sec. 632(a), Dec.

8, 1993, 107 Stat. 2089, 2092, 2192; Pub. L. 103-465, title IV,

Sec. 404(e)(5)(A), 422(d), Dec. 8, 1994, 108 Stat. 4961, 4965; Pub.

L. 104-295, Sec. 7, 10, 21(e)(4), Oct. 11, 1996, 110 Stat. 3518,

3519, 3530; Pub. L. 106-36, title II, Sec. 2404(a), 2419(a),

2420(a)-(d), June 25, 1999, 113 Stat. 169, 178, 179; Pub. L.

106-476, title I, Sec. 1422(a)(1), (b), 1462(a), Nov. 9, 2000, 114

Stat. 2156, 2172.)

-REFTEXT-

REFERENCES IN TEXT

The North American Free Trade Agreement Implementation Act,

referred to in subsec. (n)(1)(A), is Pub. L. 103-182, Dec. 8, 1993,

107 Stat. 2057, as amended. For complete classification of this

Act to the Code, see Short Title note set out under section 3301 of

this title and Tables.

Section 204 of the United States-Canada Free-Trade Agreement

Implementation Act of 1988, referred to in subsecs. (n)(3) and

(o)(2), is section 204 of Pub. L. 100-449, which is set out in a

note under section 2112 of this title.

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (p)(3)(A)(i), (B), is not set out in the Code. See

Publication of Harmonized Tariff Schedule note set out under

section 1202 of this title.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Oct. 3, 1913, ch. 16, Sec. IV, O, 38 Stat. 200, which was

superseded by act Sept. 21, 1922, ch. 356, title III, Sec. 313, 42

Stat. 940, and repealed by section 321 thereof. Section 313 of the

1922 act was superseded by section 313 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

Earlier provisions relating to this subject were made by the

Tariff Acts of Oct. 1, 1890, ch. 1244, Sec. 25, 26 Stat. 617; Aug.

27, 1894, ch. 349, Sec. 22, 28 Stat. 551; July 24, 1897, ch. 11,

Sec. 30, 30 Stat. 211; and Aug. 5, 1909, ch. 6, Sec. 25, 36 Stat.

90, which superseded provisions of a similar nature contained in

R.S. Sec. 3019, 3020, 3026, as amended by act Mar. 10, 1880, ch.

37, 21 Stat. 67, and said sections 3019, 3020, and 3026, were also

repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42

Stat. 989.

The provisions of section IV, O, of the act of 1913, similar to

subdivision (g) of this section concerning materials used in the

construction and equipment of vessels built for foreign account,

superseded a similar provision of act June 26, 1884, ch. 121, Sec.

17, 23 Stat. 57.

The provisions of subsec. (e) of this section concerning imported

salt used in curing fish superseded somewhat similar provisions in

R.S. Sec. 3022, which was repealed by act Sept. 21, 1922, ch. 356,

title IV, Sec. 642, 42 Stat. 989.

Section 642 of the act of Sept. 21, 1922, also repealed sections

3015 to 3026, inclusive, 3028 to 3047, inclusive, and 3049 to 3057,

inclusive of the Revised Statutes, which were concerned with the

subject of drawback.

R.S. Sec. 3048, which was not repealed, read as follows: ''So

much money as may be necessary for the payment of debentures or

drawbacks and allowances which may be authorized and payable, is

hereby appropriated for that purpose out of any money in the

Treasury, to be expended under the direction of the Secretary of

that Department, according to the laws authorizing debentures or

drawbacks and allowances. The collectors of the customs shall be

the disbursing agents to pay such debentures, drawbacks, and

allowances. All debenture certificates issued according to law

shall be received in payment of duties at the customhouse where the

same have been issued, the laws regulating drawbacks having been

complied with.''

Permanent appropriations to pay debentures and other charges

arising from duties, drawbacks, bounties, and allowances were also

contained in R.S. Sec. 3689, incorporated in section 711 of former

Title 31, Money and Finance, prior to repeal effective July 1,

1935, by act June 26, 1934, ch. 756, Sec. 1, 2, 48 Stat. 1225.

AMENDMENTS

2000 - Subsec. (p)(3)(A)(i)(I). Pub. L. 106-476, Sec. 1422(a)(1),

inserted ''2709.00,'' after ''2708,'' and substituted ''and 2902,

and subheadings 2903.21.00, 2909.19.14, 2917.36, 2917.39.04,

2917.39.15, 2926.10.00, 3811.21.00, and 3811.90.00'' for ''2902,

and 2909.19.14''.

Subsec. (p)(3)(B). Pub. L. 106-476, Sec. 1422(b), inserted at end

''If an article is referred to under the same eight-digit

classification of the Harmonized Tariff Schedule of the United

States as the qualified article on January 1, 2000, then whether or

not the article has been reclassified under another eight-digit

classification after January 1, 2000, the article shall be deemed

to be an article that is referred to under the same eight-digit

classification of such Schedule as the qualified article for

purposes of the preceding sentence.''

Subsec. (x). Pub. L. 106-476, Sec. 1462(a), added subsec. (x).

1999 - Subsec. (p)(1). Pub. L. 106-36, Sec. 2420(a), substituted

concluding provisions for former concluding provisions which read

as follows: ''the amount of the duties paid on, or attributable to,

such qualified article shall be refunded as drawback to the

drawback claimant''.

Subsec. (p)(2)(A)(i) to (iii). Pub. L. 106-36, Sec.

2420(b)(1)(A), substituted ''a qualified article'' for ''the

qualified article''.

Subsec. (p)(2)(A)(iv). Pub. L. 106-36, Sec. 2420(b)(1)(B),

substituted ''a qualified article'' for ''an imported qualified

article''.

Subsec. (p)(2)(G). Pub. L. 106-36, Sec. 2420(b)(2), inserted

''transferor,'' after ''importer,''.

Subsec. (p)(3)(A)(i)(I). Pub. L. 106-36, Sec. 2419(a),

substituted ''2902, and 2909.19.14'' for ''and 2902''.

Subsec. (p)(3)(A)(i)(II). Pub. L. 106-36, Sec. 2420(c)(1)(A),

substituted ''the primary forms provided under Note 6 to chapter 39

of the Harmonized Tariff Schedule of the United States'' for

''liquids, pastes, powders, granules, and flakes''.

Subsec. (p)(3)(A)(ii). Pub. L. 106-36, Sec. 2420(c)(1)(B), added

subcl. (III) and concluding provisions.

Subsec. (p)(3)(B). Pub. L. 106-36, Sec. 2420(c)(2), substituted

''article, including an imported, manufactured, substituted, or

exported article,'' for ''exported article''.

Subsec. (p)(3)(C). Pub. L. 106-36, Sec. 2420(c)(3), substituted

''either the qualified article or the exported article.'' for

''such article.''

Subsec. (p)(4)(B). Pub. L. 106-36, Sec. 2420(d), inserted ''had

the claim qualified for drawback under subsection (j) of this

section'' before period at end.

Subsec. (q). Pub. L. 106-36, Sec. 2404(a), designated existing

provisions as par. (1), inserted heading, realigned margins, and

added par. (2).

1996 - Subsec. (j)(2). Pub. L. 104-295, Sec. 21(e)(4)(A),

realigned margins.

Subsec. (r)(3). Pub. L. 104-295, Sec. 7, added par. (3).

Subsec. (s)(2)(B). Pub. L. 104-295, Sec. 10, substituted

''predecessor'' for ''successor'' in two places.

Subsec. (t). Pub. L. 104-295, Sec. 21(e)(4)(B), made technical

amendment to reference in original act which appears as reference

to this chapter.

1994 - Subsec. (w). Pub. L. 103-465, Sec. 422(d), designated

existing provisions as par. (1), inserted heading, and added par.

(2).

Pub. L. 103-465, Sec. 404(e)(5)(A), added subsec. (w).

1993 - Subsec. (a). Pub. L. 103-182, Sec. 632(a)(1), inserted

''or destruction under customs supervision'' after ''Upon the

exportation'', ''provided that those articles have not been used

prior to such exportation or destruction,'' after ''use of imported

merchandise,'', and ''or destruction'' after ''refunded upon the

exportation'', and substituted ''by-products produced from imported

wheat'' for ''by-products produced from wheat imported after ninety

days after June 17, 1930''.

Subsec. (b). Pub. L. 103-182, Sec. 632(a)(2), substituted ''any

other merchandise (whether imported or domestic)'' for ''duty-free

or domestic merchandise'', inserted '', or destruction under

customs supervision,'' after ''there shall be allowed upon the

exportation'', substituted ''production of the exported or

destroyed articles'' for ''production of the exported articles'',

inserted '', but only if those articles have not been used prior to

such exportation or destruction'' after ''merchandise used therein

been imported'' and ''or destruction under customs supervision''

after ''but the total amount of drawback allowed upon the

exportation''.

Subsec. (c). Pub. L. 103-182, Sec. 632(a)(3), amended subsec. (c)

generally. Prior to amendment, subsec. (c) read as follows: ''Upon

the exportation of merchandise not conforming to sample or

specifications or shipped without the consent of the consignee upon

which the duties have been paid and which have been entered or

withdrawn for consumption and, within ninety days after release

from customs custody, unless the Secretary authorizes in writing a

longer time, returned to customs custody for exportation, the full

amount of the duties paid upon such merchandise shall be refunded

as drawback, less 1 per centum of such duties.''

Subsec. (j). Pub. L. 103-182, Sec. 203(c)(1), (2), substituted

''Subject to paragraph (4), if'' for ''If'' in par. (2) and added

par. (4). See Construction of 1993 Amendment note below.

Pub. L. 103-182, Sec. 632(a)(4), amended subsec. (j) generally,

substituting present provisions for provisions which authorized

drawbacks for imported merchandise which, upon either exportation

or destruction, was in the same condition as when imported.

Subsec. (l). Pub. L. 103-182, Sec. 632(a)(5), substituted ''the

authority for the electronic submission of drawback entries'' for

''the fixing of a time limit within which drawback entries or

entries for refund under any of the provisions of this section or

section 1309(b) of this title shall be filed and completed,''.

Subsecs. (n), (o). Pub. L. 103-182, Sec. 203(b)(3), amended

subsecs. (n) and (o) generally, substituting present provisions for

provisions which related to, in subsec. (n), drawback-eligible

goods under United States-Canada Free-Trade Agreement

Implementation Act of 1988 and, in subsec. (o), vessels built for

Canadian account or for Government of Canada.

Subsec. (p). Pub. L. 103-182, Sec. 632(a)(6), amended subsec. (p)

generally, substituting present provisions for provisions relating

to substitution of crude petroleum or petroleum derivatives.

Subsecs. (q) to (v). Pub. L. 103-182, Sec. 632(a)(7), added

subsecs. (q) to (v).

1990 - Subsec. (n). Pub. L. 101-382, Sec. 134(a)(1), inserted '',

except an article'' before ''made from'' and substituted comma for

''of 1988'' before ''does not''.

Subsec. (o). Pub. L. 101-382, Sec. 134(a)(2), inserted at end

''This subsection shall apply to vessels delivered to Canadian

account or owner, or to the Government of Canada, on and after

January 1, 1994 (or, if later, the date proclaimed by the President

under section 204(b)(2)(B) of the United States-Canada Free-Trade

Agreement Implementation Act of 1988).''

Subsec. (p). Pub. L. 101-382, Sec. 484A(a), added subsec. (p).

1988 - Subsecs. (n), (o). Pub. L. 100-449 added subsecs. (n) and

(o).

1986 - Subsec. (j)(2), (3). Pub. L. 99-514, Sec. 1888(2)(A),

redesignated par. (3) as (2) and redesignated par. (4) relating to

imported packaging material as (3).

Subsec. (j)(4). Pub. L. 99-514, Sec. 1888(2), redesignated par.

(4) relating to imported packaging material as (3) and amended par.

(4) relating to the performing of incidental operations generally.

Prior to amendment, such par. (4) read as follows: ''The performing

of incidental operations (including, but not limited to, testing,

cleaning, repacking, and inspecting) on the imported merchandise

itself, not amounting to manufacture or production for drawback

purposes under the preceding provisions of this section, shall not

be treated as a use of that merchandise for purposes of applying

paragraph (1)(B).''

1984 - Subsec. (j)(2) to (4). Pub. L. 98-573, Sec. 202(1),

redesignated par. (2), relating to the performing of incidental

operations, as (4), and inserted after par. (1) new pars. (3) and

(4).

Subsecs. (k) to (m). Pub. L. 98-573, Sec. 202(2), (3), added

subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and

(m), respectively.

1980 - Subsecs. (j) to (l). Pub. L. 96-609, Sec. 201(a), added

subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and

(l), respectively.

1971 - Subsecs. (h) to (k). Pub. L. 91-692 added subsec. (h) and

redesignated former subsecs. (h) to (j) as (i) to (k),

respectively.

1968 - Subsec. (d). Pub. L. 90-630 permitted, under Treasury

regulations, the drawback of tax with regard to distilled spirits

exported as ships' stores where the stamping, restamping, or

marking is done after the spirits have been removed from the

original bottling plant.

1958 - Subsec. (b). Pub. L. 85-673 substituted ''merchandise''

for ''sugar, or metal, or ore containing metal, or flaxseed or

linseed, or flaxseed or linseed oil, or printing papers coated or

uncoated,'' after ''duty-paid'' and ''allowable had the''.

1956 - Subsec. (b). Act Aug. 6, 1956, inserted ''or printing

papers, coated or uncoated,'' after ''linseed oil,'' wherever

appearing.

1953 - Subsec. (b). Act Aug. 8, 1953, Sec. 12(a), extended from

one year to three years the period during which substitution for

drawback purposes may be made.

Subsec. (c). Act Aug. 8, 1953, Sec. 12(b), extended the period

during which the merchandise can be returned to customs custody for

exportation from thirty days to ninety days or such longer period

as the Secretary of the Treasury may allow; and provided for the

refunding of duties in cases where the merchandise upon which the

duties have been paid was sent to the consignee without his

consent.

Subsec. (h). Act Aug. 8, 1953, Sec. 12(c), substituted reference

to ''this section'' for ''this section or of section 152a of this

title (relating to drawback on shipments to the Philippine

Islands),''; struck out another reference to the Philippine

Islands; and substituted ''five years'' for ''three years''.

Subsec. (i). Act Aug. 8, 1953, Sec. 12(c), broadened the

authority of the Secretary of the Treasury to make such regulations

for the administration of the drawback provisions as may be

necessary.

1951 - Subsec. (b). Act Aug. 8, 1951, extended the provisions of

such subsection to flaxseed and linseed, and flaxseed and linseed

oil, and omitted ''(or shipment to the Philippine Islands)'' before

''of any such articles''.

1936 - Subsec. (d). Act June 26, 1936, inserted second par.

-CHANGE-

CHANGE OF NAME

''Puerto Rico'' substituted in subsec. (j) for ''Porto Rico''

pursuant to act May 17, 1932, which is classified to section 731a

of Title 48, Territories and Insular Possessions.

-MISC4-

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-476, title I, Sec. 1422(a)(2), Nov. 9, 2000, 114

Stat. 2156, provided that: ''The amendments made by paragraph (1)

(amending this section) shall take effect on the date of the

enactment of this Act (Nov. 9, 2000), and shall apply to -

''(A) any drawback claim filed on or after such date of

enactment; and

''(B) any drawback entry filed before such date of enactment if

the liquidation of the entry is not final on such date of

enactment.''

Pub. L. 106-476, title I, Sec. 1462(b), Nov. 9, 2000, 114 Stat.

2173, provided that: ''The amendment made by this section (amending

this section) shall apply to drawback claims filed on or after the

date of the enactment of this Act (Nov. 9, 2000).''

Amendment by title I of Pub. L. 106-476, except as otherwise

provided, applicable with respect to goods entered, or withdrawn

from warehouse, for consumption, on or after the 15th day after

Nov. 9, 2000, see section 1471 of Pub. L. 106-476, set out as a

note under section 58c of this title.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-36, title II, Sec. 2404(b), June 25, 1999, 113 Stat.

169, provided that: ''The amendment made by this section (amending

this section) applies with respect to goods entered, or withdrawn

from warehouse for consumption, on or after the 15th day after the

date of the enactment of this Act (June 25, 1999).''

Pub. L. 106-36, title II, Sec. 2419(b), June 25, 1999, 113 Stat.

178, provided that: ''The amendment made by this section (amending

this section) shall take effect on the date of the enactment of

this Act (June 25, 1999), and shall apply to drawback claims filed

on and after such date.''

Pub. L. 106-36, title II, Sec. 2420(e), June 25, 1999, 113 Stat.

179, provided that: ''The amendments made by this section (amending

this section) shall take effect as if included in the amendment

made by section 632(a)(6) of the North American Free Trade

Agreement Implementation Act (Pub. L. 103-182, amending this

section). For purposes of section 632(b) of that Act (set out as a

note below), the 3-year requirement set forth in section 313(r) of

the Tariff Act of 1930 (19 U.S.C. 1313(r)) shall not apply to any

drawback claim filed within 6 months after the date of the

enactment of this Act (June 25, 1999) for which that 3-year period

would have expired.''

EFFECTIVE DATE OF 1994 AMENDMENT

Section 404(e)(5)(B) of Pub. L. 103-465 provided that: ''The

amendment made by subparagraph (A) (amending this section) shall

take effect on the earlier of the date of entry into force of the

WTO Agreement with respect to the United States (Jan. 1, 1995) or

January 1, 1995.''

Amendment by section 422(d) of Pub. L. 103-465 effective Sept.

13, 1995, see section 422(e) of Pub. L. 103-465, set out as a note

under section 1314i of Title 7, Agriculture.

EFFECTIVE DATE OF 1993 AMENDMENT

Amendment by section 203(b)(3) of Pub. L. 103-182 applicable (1)

with respect to exports from the United States to Canada on Jan. 1,

1996, if Canada is a NAFTA country on that date and after such date

for so long as Canada continues to be a NAFTA country and (2) with

respect to exports from the United States to Mexico on Jan. 1,

2001, if Mexico is a NAFTA country on that date and after such date

for so long as Mexico continues to be a NAFTA country, see section

213(c) of Pub. L. 103-182, set out as an Effective Date note under

section 3331 of this title.

Amendment by section 203(c) of Pub. L. 103-182 effective on the

date the North American Free Trade Agreement enters into force with

respect to the United States (Jan. 1, 1994), see section 213(b) of

Pub. L. 103-182, set out as an Effective Date note under section

3331 of this title.

Section 632(b) of Pub. L. 103-182 provided that:

''Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C.

1514) or any other provision of law, the amendment made by

paragraph (6) of subsection (a) (amending this section) shall apply

to -

''(1) claims filed or liquidated on or after January 1, 1988,

and

''(2) claims that are unliquidated, under protest, or in

litigation on the date of the enactment of this Act (Dec. 8,

1993).''

EFFECTIVE DATE OF 1990 AMENDMENT

Amendment by section 484A(a) of Pub. L. 101-382 applicable to

claims filed or liquidated on or after Jan. 1, 1988, and claims

that are unliquidated, under protest, or in litigation on Aug. 20,

1990, see section 484A(c) of Pub. L. 101-382, set out as a note

under section 1309 of this title.

EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT

Amendment by Pub. L. 100-449 effective on date the United

States-Canada Free-Trade Agreement enters into force (Jan. 1,

1989), and to cease to have effect on date Agreement ceases to be

in force, see section 501(a), (c) of Pub. L. 100-449, set out in a

note under section 2112 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,

1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note

under section 1304 of this title.

EFFECTIVE DATE OF 1980 AMENDMENT

Section 201(b) of Pub. L. 96-609 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to articles entered, or withdrawn from warehouse, for

consumption on or after the date of the enactment of this Act (Dec.

28, 1980).''

EFFECTIVE DATE OF 1971 AMENDMENT

Section 3(b) of Pub. L. 91-692 provided that: ''The amendments

made by subsection (a) (amending this section) shall apply with

respect to articles exported on or after the date of the enactment

of this Act (Jan. 12, 1971).''

EFFECTIVE DATE OF 1968 AMENDMENT

For effective date of amendment by Pub. L. 90-630, see section 4

of Pub. L. 90-630, set out as a note under section 5008 of Title

26, Internal Revenue Code.

EFFECTIVE DATE OF 1958 AMENDMENT

Section 2 of Pub. L. 85-673 provided that: ''The amendment made

by the first section of this Act (amending this section) shall be

effective with respect to articles exported on or after the 30th

day after the date of the enactment of this Act (Aug. 18, 1958).''

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

CONSTRUCTION OF 1993 AMENDMENT

Amendment by section 203(c) of Pub. L. 103-182 to be made after

amendment by section 632(a) of Pub. L. 103-182 is executed, see

section 212 of Pub. L. 103-182, set out as a note under section 58c

of this title.

-TRANS-

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.

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, Sec. 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.

Commissioner of Internal Revenue, referred to in this section, is

an officer of Department of the Treasury.

-MISC5-

PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989

For provisions directing that if any amendments made by subtitle

A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title

XVIII (Sec. 1801-1899A) of Pub. L. 99-514 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. 99-514, as amended, set out as a note under

section 401 of Title 26, Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1508 of this title; title

7 section 5676.

-CITE-

19 USC Sec. 1313a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1313a. Appropriations for refunds, drawbacks, bounties, etc.

-STATUTE-

There are appropriated such amounts as hereafter may be necessary

for refund or payment of custom collections or receipts, and

payment of debentures or drawbacks, bounties, and allowances, as

authorized by law.

-SOURCE-

(June 30, 1949, ch. 286, title I, 63 Stat. 360.)

-COD-

CODIFICATION

Section was not enacted as part of the Tariff Act of 1930 which

comprises this chapter.

-CITE-

19 USC Sec. 1314 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1314. Repealed. June 25, 1938, ch. 679, Sec. 35, 52 Stat.

1092, eff. July 25, 1938

-MISC1-

Section, act June 17, 1930, ch. 497, title III, Sec. 314, 46

Stat. 695, related to reimportation of tax-free exports.

-CITE-

19 USC Sec. 1315 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1315. Effective date of rates of duty

-STATUTE-

(a) Articles entered or withdrawn from warehouse for consumption

Except as otherwise specially provided for, the rate or rates of

duty imposed by or pursuant to this chapter or any other law on any

article entered for consumption or withdrawn from warehouse for

consumption shall be the rate or rates in effect when the documents

comprising the entry for consumption or withdrawal from warehouse

for consumption and any estimated or liquidated duties then

required to be paid have been deposited with the Customs Service by

written, electronic or such other means as the Secretary by

regulation shall prescribe, except that -

(1) any article released under an informal mail entry shall be

subject to duty at the rate or rates in effect when the

preparation of the entry is completed;

(2) any article which is not subject to a quantitative or

tariff-rate quota and which is covered by an entry for immediate

transportation made at the port of original importation under

section 1552 of this title, if entered for consumption at the

port designated by the consignee, or his agent, in such

transportation entry without having been taken into the custody

of the appropriate customs officer under section 1490 of this

title, shall be subject to the rate or rates in effect when the

transportation entry was accepted at the port of original

importation; and

(3) any article for which duties may, under section 1505 of

this title, be paid at a time later than the time of making entry

shall be subject to the rate or rates in effect at the time of

entry.

(b) Articles removed from intended place of release

Any article which has been entered for consumption but which,

before release from custody of the Customs Service, is removed from

the port or other place of intended release because of

inaccessibility, overcarriage, strike, act of God, or unforeseen

contingency, shall be subject to duty at the rate or rates in

effect when the entry for consumption and any required duties were

deposited in accordance with subsection (a) of this section, but

only if the article is returned to such port or place within ninety

days after the date of removal and the identity of the article as

that covered by the entry is established in accordance with

regulations prescribed by the Secretary of the Treasury.

Insofar as duties are based upon the quantity of any merchandise,

such duties shall, except as provided in chapter 98 of the

Harmonized Tariff Schedule of the United States and section 1562 of

this title (relating respectively to certain beverages and to

manipulating warehouses), be levied and collected upon the quantity

of such merchandise at the time of its importation.

(d) Effective date of administrative rulings resulting in higher

rates

No administrative ruling resulting in the imposition of a higher

rate of duty or charge than the Secretary of the Treasury shall

find to have been applicable to imported merchandise under an

established and uniform practice shall be effective with respect to

articles entered for consumption or withdrawn from warehouse for

consumption prior to the expiration of thirty days after the date

of publication in the Federal Register of notice of such ruling;

but this provision shall not apply with respect to the imposition

of antidumping duties, or the imposition of countervailing duties

under section 1303 of this title (as in effect on the day before

the effective date of title II of the Uruguay Round Agreements Act)

or section 1671 of this title. This subsection shall not apply

with respect to increases in rates of duty resulting from the

enactment of the Harmonized Tariff Schedule of the United States to

replace the Tariff Schedules of the United States.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 315, 46 Stat. 695; June

25, 1938, ch. 679, Sec. 6, 52 Stat. 1081; Aug. 8, 1953, ch. 397,

Sec. 3(a), 67 Stat. 508; Pub. L. 91-271, title III, Sec. 301(b),

June 2, 1970, 84 Stat. 287; Pub. L. 93-618, title III, Sec. 331(c),

Jan. 3, 1975, 88 Stat. 2053; Pub. L. 95-410, title I, Sec. 101,

title II, Sec. 204, Oct. 3, 1978, 92 Stat. 888, 900; Pub. L. 96-39,

title XI, Sec. 1106(e), July 26, 1979, 93 Stat. 312; Pub. L.

100-418, title I, Sec. 1213(c), Aug. 23, 1988, 102 Stat. 1155; Pub.

L. 103-182, title VI, Sec. 633, Dec. 8, 1993, 107 Stat. 2198; Pub.

L. 103-465, title II, Sec. 261(d)(1)(B)(i), Dec. 8, 1994, 108 Stat.

4909.)

-REFTEXT-

REFERENCES IN TEXT

The Harmonized Tariff Schedule of the United States and the

Tariff Schedules of the United States, referred to in subsecs. (c)

and (d), are not set out in the Code. See Publication of Harmonized

Tariff Schedule note set out under section 1202 of this title.

For the effective date of title II of the Uruguay Round

Agreements Act (Pub. L. 103-465), referred to in subsec. (d), as

Jan. 1, 1995, see section 291 of Pub. L. 103-465, set out as an

Effective Date of 1994 Amendment note under section 1671 of this

title.

-MISC2-

AMENDMENTS

1994 - Subsec. (d). Pub. L. 103-465 inserted ''(as in effect on

the day before the effective date of title II of the Uruguay Round

Agreements Act) or section 1671 of this title'' after ''section

1303 of this title''.

1993 - Subsec. (a). Pub. L. 103-182, Sec. 633(1), substituted

''Customs Service by written, electronic or such other means as the

Secretary by regulation shall prescribe,'' for ''appropriate

customs officer in the form and manner prescribed by regulations of

the Secretary of the Treasury,'' in introductory provisions.

Subsec. (b). Pub. L. 103-182, Sec. 633(2), substituted ''custody

of the Customs Service'' for ''customs custody''.

Subsec. (c). Pub. L. 103-182, Sec. 633(3), substituted ''chapter

98 of the Harmonized Tariff Schedule of the United States'' for

''paragraph 813''.

1988 - Subsec. (d). Pub. L. 100-418 inserted at end ''This

subsection shall not apply with respect to increases in rates of

duty resulting from the enactment of the Harmonized Tariff Schedule

of the United States to replace the Tariff Schedules of the United

States.''

1979 - Subsec. (d). Pub. L. 96-39 amended directory language of

Pub. L. 93-618, Sec. 331(c), to correct a typographical error, and

did not involve any change in text. See 1975 Amendment note below.

1978 - Subsec. (a)(3). Pub. L. 95-410, Sec. 101, added par. (3).

Subsec. (d). Pub. L. 95-410, Sec. 204, substituted ''publication

in the Federal Register'' for ''publication in the weekly Treasury

Decisions''.

1975 - Subsec. (d). Pub. L. 93-618, as amended by Pub. L. 96-39,

inserted ''or the imposition of countervailing duties under section

1303 of this title'' after ''antidumping duties''.

1970 - Subsec. (a). Pub. L. 91-271 substituted reference to the

appropriate customs officer for reference to the collector.

1953 - Act Aug. 8, 1953, amended section generally by dividing

section into subsections, and by changing the provisions set out as

subsecs. (a) and (b) to clarify such provisions with respect to

effective dates of rates of duty.

1938 - Act June 25, 1938, amended section generally, among which

changes it inserted provisions set out as subsecs. (c) and (d).

EFFECTIVE DATE OF 1994 AMENDMENT

Section 261(d)(2) of title II of Pub. L. 103-465 provided that:

''The amendments made by this subsection (amending this section and

sections 1337, 1671, 1677i, 2192, and 2194 of this title and

provisions set out as a note under section 1303 of this title)

shall take effect on the effective date of this title (Jan. 1,

1995, see Effective Date of 1994 Amendment note set out under

section 1671 of this title).

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 331(d) of Pub. L. 93-618, as amended by Pub. L. 103-465,

title II, Sec. 261(d)(1)(A)(i), Dec. 8, 1994, 108 Stat. 4909,

provided that:

''(1) The amendments made by this section (amending this section

and sections 1303 and 1516 of this title) shall take effect on the

date of the enactment of this Act (Jan. 3, 1975.)

''(2) For purposes of applying the provisions of section

303(a)(4) of the Tariff Act of 1930 (section 1303(a)(4) of this

title) (as amended by subsection (a)) with respect to any

investigation which was initiated before the date of the enactment

of this Act (Jan. 3, 1975) under section 303 of such Act (as in

effect before such date), such investigation shall be treated as

having been initiated on the day after such date of enactment under

section 303(a)(3)(B) of such Act.''

EFFECTIVE DATE OF 1970 AMENDMENT

For effective date of amendment by Pub. L. 91-271, see section

203 of Pub. L. 91-271, set out as a note under section 1500 of this

title.

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

-TRANS-

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.

Functions of all other 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, Sec. 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.

Customs officers, referred to in text, were under Department of the

Treasury.

-CITE-

19 USC Sec. 1316 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1316. Omitted

-COD-

CODIFICATION

Section, act June 17, 1930, ch. 497, title III, Sec. 316, 46

Stat. 695, prohibiting the construction of this chapter so as to

abrogate or affect the treaty between the United States and Cuba

concluded on Dec. 11, 1902, was omitted in view of the termination

of such treaty on Aug. 21, 1963 (see note below), and section 401

of Pub. L. 87-456, title IV, May 24, 1962, 76 Stat. 78, set out as

a note under section 1351 of this title. Section 401(d) of Pub. L.

87-456 declares sections 124 and 125 of this title as inapplicable

so long as section 401(a) of Pub. L. 87-456, declaring Cuba as a

nation dominated or controlled by the foreign government or foreign

organization controlling the world communist movement, applies.

-MISC3-

TREATY BETWEEN UNITED STATES AND CUBA

The treaty concluded between the United States and the Republic

of Cuba on Dec. 11, 1902, referred to in text, was terminated Aug.

21, 1963, pursuant to notice given by the United States on Aug. 21,

1962. See Bevans, Treaties, and Other International Agreements of

the United States of America, 1776 to 1949, vol. VI, page 1106.

-CITE-

19 USC Sec. 1317 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1317. Tobacco products; supplies for certain vessels and

aircraft

-STATUTE-

(a) Exportation of tobacco products

The shipment or delivery of manufactured tobacco, snuff, cigars,

or cigarettes, for consumption beyond the jurisdiction of the

internal-revenue laws of the United States, as defined by section

2197(a) of title 26, shall be deemed exportation within the meaning

of the customs and internal-revenue laws applicable to the

exportation of such articles without payment of duty or

internal-revenue tax.

(b) Exportation of supplies for certain vessels and aircraft

The shipment or delivery of any merchandise for use as supplies

(including equipment) upon, or in the maintenance or repair of any

vessel or aircraft described in subdivision (2) or (3) of section

1309(a) of this title, or for use as ground equipment for any such

aircraft, shall be deemed an exportation within the meaning of the

customs and internal-revenue laws applicable to the exportation of

such merchandise without the payment of duty or internal-revenue

tax. With respect to merchandise for use as ground equipment, such

shipment or delivery shall not be deemed an exportation within the

meaning of the internal-revenue laws relating to taxes other than

those imposed upon or by reason of importation.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 317, 46 Stat. 696; June

25, 1938, ch. 679, Sec. 5(b), 52 Stat. 1081; Aug. 8, 1953, ch. 397,

Sec. 11(b), 67 Stat. 514.)

-REFTEXT-

REFERENCES IN TEXT

Section 2197(a) of title 26, referred to in subsec. (a), is a

reference to section 2197(a) of the Internal Revenue Code of 1939,

which was repealed by section 7851 of Title 26, Internal Revenue

Code.

-MISC2-

AMENDMENTS

1953 - Subsec. (b). Act Aug. 8, 1953, extended to foreign vessels

the exemption from payment of duty and internal revenue tax

theretofore available for supplies used in the maintenance or

repair of aircraft; and provided an exemption for ground equipment

for foreign-flag aircraft from duties and taxes imposed on, by

reason of, importation.

1938 - Act June 25, 1938, amended section catchline, designated

existing provisions as subsec. (a), and added subsec. (b).

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE OF 1938 AMENDMENT

Amendment by act June 25, 1938, effective on thirtieth day

following June 25, 1938, except as otherwise specifically provided,

see section 37 of act June 25, 1938, set out as a note under

section 1401 of this title.

REPEALS

Insofar as subsec. (a) of this section related exclusively to

Internal Revenue it was repealed and incorporated as section

2197(b) of the Internal Revenue Code of 1939. See section 4(a) of

enacting sections of Internal Revenue Code of 1939. Section 2197(b)

of I. R. C. 1939 was replaced by section 5704(b) of Title 26,

Internal Revenue Code.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1309 of this title.

-CITE-

19 USC Sec. 1318 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1318. Emergencies

-STATUTE-

(a) Whenever the President shall by proclamation declare an

emergency to exist by reason of a state of war, or otherwise, he

may authorize the Secretary of the Treasury to extend during the

continuance of such emergency the time herein prescribed for the

performance of any act, and may authorize the Secretary of the

Treasury to permit, under such regulations as the Secretary of the

Treasury may prescribe, the importation free of duty of food,

clothing, and medical, surgical, and other supplies for use in

emergency relief work. The Secretary of the Treasury shall report

to the Congress any action taken under the provisions of this

section.

(b)(1) Notwithstanding any other provision of law, the Secretary

of the Treasury, when necessary to respond to a national emergency

declared under the National Emergencies Act (50 U.S.C. 1601 et

seq.) or to a specific threat to human life or national interests,

is authorized to take the following actions on a temporary basis:

(A) Eliminate, consolidate, or relocate any office or port of

entry of the Customs Service.

(B) Modify hours of service, alter services rendered at any

location, or reduce the number of employees at any location.

directly to the national emergency or specific threat.

(2) Notwithstanding any other provision of law, the Commissioner

of Customs, when necessary to respond to a specific threat to human

life or national interests, is authorized to close temporarily any

Customs office or port of entry or take any other lesser action

that may be necessary to respond to the specific threat.

(3) The Secretary of the Treasury or the Commissioner of Customs,

as the case may be, shall notify the Committee on Ways and Means of

the House of Representatives and the Committee on Finance of the

Senate not later than 72 hours after taking any action under

paragraph (1) or (2).

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 318, 46 Stat. 696; Pub. L.

107-210, div. A, title III, Sec. 342, Aug. 6, 2002, 116 Stat.

981.)

-REFTEXT-

REFERENCES IN TEXT

The National Emergencies Act, referred to in subsec. (b)(1), is

Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is

classified principally to chapter 34 (Sec. 1601 et seq.) of Title

50, War and National Defense. For complete classification of this

Act to the Code, see Short Title note set out under section 1601 of

Title 50 and Tables.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in subsec. (a) of this section were

contained in act Sept. 21, 1922, ch. 356, title IV, Sec. 622, 42

Stat. 988, which was superseded by section 318 of the Tariff Act of

1930, comprising this section, and repealed by section 651(a)(1) of

said 1930 Act.

AMENDMENTS

2002 - Pub. L. 107-210 designated existing provisions as subsec.

(a) and added subsec. (b).

-TRANS-

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.

Functions of Secretary of the Treasury under this section with

respect to functions transferred to Secretary of Commerce in

sections 1303 and 1671 et seq. of this title by section 5(a)(1)(C)

of Reorg. Plan No. 3 of 1979 transferred to Secretary of Commerce

pursuant to Reorg. Plan No. 3 of 1979, Sec. 5(a)(1)(E), 44 F.R.

69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section

1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out

as notes under section 2171 of this title, to be exercised in

consultation with Secretary of the Treasury.

-EXEC-

PROC. NO. 2948. MERCHANDISE IN GENERAL-ORDER AND BONDED WAREHOUSES

Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41,

provided:

(WHEREAS CLAUSES OMITTED)

NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United

States of America, acting under and by virtue of the authority

vested in me by the foregoing provision of section 318 of the

Tariff Act of 1930 (this section) do hereby authorize the Secretary

of the Treasury, until the termination of the national emergency

proclaimed on December 16, 1950, or until it shall be determined by

the President and declared by his proclamation that such action is

no longer necessary, whichever is earlier:

(1) To extend the one-year period prescribed in section 491,

supra, as amended (section 1491 of this title), for not more than

one year from and after the expiration of such one-year period in

any case in which such period has already expired or shall

hereafter expire during the continuance of the said national

emergency;

(2) To extend the three-year period prescribed in sections 557

and 559, supra, as amended (sections 1557 and 1559 of this title),

for not more than one year from and after the expiration of such

three-year period in any case in which such period has already

expired or shall hereafter expire during the continuance of the

said national emergency; and

(3) To extend further the one-year period prescribed in section

491, supra, as amended (section 1491 of this title), and the

three-year period prescribed in sections 557 and 559, supra, as

amended (sections 1557 and 1559 of this title), for additional

periods of not more than one year each from and after the

expiration of the immediately preceding extension in any case in

which such extension shall expire during the continuance of the

said national emergency:

Provided, however, that in each and every case under numbered

paragraphs (1), (2), and (3) above in which the merchandise is

charged against an entry bond the Secretary of the Treasury shall

require that the principal on such bond, in order to obtain the

benefit of any extension which may be granted under the authority

of this proclamation, shall furnish to the collector of customs at

the port where the bond is on file either the agreement of the

sureties on the bond to remain bound under the terms and conditions

of the bond to the same extent as if no extension had been granted,

or an additional bond with acceptable sureties to cover the period

of extension; and that, in each and every case in which the

merchandise remains charged against a carrier's bond the Secretary

of the Treasury shall require that the principal on such bond shall

agree to the extension and shall furnish to the collector of

customs at the port where the charge was made the agreement of the

sureties on the bond to remain bound under the terms and conditions

of the bond to the same extent as if no extension had been granted;

and

Provided further, that as a condition to the granting of any

extension or further extension of the periods prescribed in

sections 491, 557, and 559 of the Tariff Act of 1930, supra, as

amended (sections 1491, 1557 and 1559 of this title), under

numbered paragraphs (1), (2), or (3) above the Secretary of the

Treasury may require that there shall be furnished to the collector

of customs in the district in which the warehouse is located, in

connection with the application for such extension, the consent of

the warehouse proprietor to such extension or, in the alternative,

proof of payment of all charges or amounts due or owing to such

warehouse proprietor for the storage or handling of the imported

merchandise; and

Provided further, that the extensions of one year authorized by

this proclamation shall not apply to any case in which the period

sought to be extended expired prior to December 16, 1950, or in

which the merchandise in question has been sold by the Government

as abandoned.

This proclamation supersedes Proclamation No. 2599 of November 4,

1943, as amended by Proclamation No. 2712 of December 3, 1946, but

it shall not be construed (1) as invalidating any action heretofore

taken under the provisions of the said Proclamation No. 2599 or

under the provisions of that proclamation as amended by the said

Proclamation No. 2712, or (2) as imposing the conditions set forth

in the second proviso above upon the granting of extensions for

which applications are pending on the date of this proclamation.

Harry S Truman.

-CITE-

19 USC Sec. 1319 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1319. Duty on coffee imported into Puerto Rico

-STATUTE-

The Legislature of Puerto Rico is empowered to impose tariff

duties upon coffee imported into Puerto Rico, including coffee

grown in a foreign country coming into Puerto Rico from the United

States. Such duties shall be collected and accounted for as now

provided by law in the case of duties collected in Puerto Rico.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 319, 46 Stat. 696; May 17,

1932, ch. 190, 47 Stat. 158.)

-CHANGE-

CHANGE OF NAME

''Puerto Rico'' substituted in text for ''Porto Rico'' pursuant

to act May 17, 1932, which is classified to section 731a of Title

48, Territories and Insular Possessions.

-MISC4-

ACTIONS UNDER CARIBBEAN BASIN ECONOMIC RECOVERY PROGRAM NOT TO

AFFECT PUERTO RICAN DUTIES ON IMPORTED COFFEE

Pub. L. 98-67, title II, Sec. 214(e), Aug. 5, 1983, 97 Stat. 393,

provided that: ''No action pursuant to this title (19 U.S.C. 2701

et seq.) may affect any tariff duty imposed by the Legislature of

Puerto Rico pursuant to section 319 of the Tariff Act of 1930 (19

U.S.C. 1319) on coffee imported into Puerto Rico.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2463 of this title.

-CITE-

19 USC Sec. 1319a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1319a. Duty on coffee; ratification of duties imposed by

Legislature of Puerto Rico

-STATUTE-

The taxes and duties imposed by the Legislature of Puerto Rico by

Joint Resolution Numbered 59 approved by the Governor of Puerto

Rico May 5, 1930, and by Act Numbered 77 approved by the Governor

of Puerto Rico May 5, 1931, as amended by Act Numbered 7 approved

by the Governor April 9, 1934, including therein such taxes and

duties on coffee brought into Puerto Rico from any State or

Territory or district or possession of the United States, or other

place subject to the jurisdiction of the United States, are

legalized and ratified, and the collection of all such taxes and

duties made under or by authority of either of said acts of the

Puerto Rican Legislature, including such taxes and duties on coffee

brought into Puerto Rico from any State, Territory, district, or

possession of the United States, or other place subject to the

jurisdiction of the United States, is legalized, ratified, and

confirmed as fully to all intents and purposes as if the same had,

by prior Act of Congress, been specifically authorized and

directed.

-SOURCE-

(June 18, 1934, ch. 604, 48 Stat. 1017; Aug. 20, 1935, ch. 578, 49

Stat. 665.)

-COD-

CODIFICATION

Section was not enacted as part of Tariff Act of 1930 which

constitutes this chapter.

-MISC3-

AMENDMENTS

1935 - Act Aug. 20, 1935, amended section generally.

-CITE-

19 USC Sec. 1320 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1320. Repealed. Aug. 8, 1953, ch. 397, Sec. 6(b), 67 Stat. 510

-MISC1-

Section, act June 17, 1930, ch. 497, title III, Sec. 320, 46

Stat. 696, related to reciprocal agreements covering advertising

matter.

EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION

Repeal effective on and after thirtieth day following Aug. 8,

1953, and savings provision, see notes set out under section 1304

of this title.

-CITE-

19 USC Sec. 1321 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1321. Administrative exemptions

-STATUTE-

(a) Disregard of minor discrepancies in collection of taxes and

duties; admission of articles free of duty or tax; limit on

amount of exemption

The Secretary of the Treasury, in order to avoid expense and

inconvenience to the Government disproportionate to the amount of

revenue that would otherwise be collected, is authorized, under

such regulations as he shall prescribe, to -

(1) disregard a difference of an amount specified by the

Secretary by regulation, but not less than $20, between the total

estimated duties, fees, and taxes deposited, or the total duties,

fees, and taxes tentatively assessed, with respect to any entry

of merchandise and the total amount of duties, fees, taxes, and

interest actually accruing thereon;

(2) admit articles free of duty and of any tax imposed on or by

reason of importation, but the aggregate fair retail value in the

country of shipment of articles imported by one person on one day

and exempted from the payment of duty shall not exceed an amount

specified by the Secretary by regulation, but not less than -

(A) $100 in the case of articles sent as bona fide gifts from

persons in foreign countries to persons in the United States

($200 in the case of articles sent as bona fide gifts from

persons in the Virgin Islands, Guam, and American Samoa), or

(B) $200 in the case of articles accompanying, and for the

personal or household use of, persons arriving in the United

States who are not entitled to any exemption from duty under

subheading 9804.00.30, 9804.00.65, or 9804.00.70 of title I of

this Act, (FOOTNOTE 1) or

(FOOTNOTE 1) See References in Text note below.

The privilege of this subdivision (2) shall not be granted in any

case in which merchandise covered by a single order or contract

is forwarded in separate lots to secure the benefit of this

subdivision (2); and

(3) waive the collection of duties, fees, taxes, and interest

due on entered merchandise when such duties, fees, taxes, or

interest are less than $20 or such greater amount as may be

specified by the Secretary by regulation.

(b) Reduction or modification of exemption

The Secretary of the Treasury is authorized by regulations to

prescribe exceptions to any exemption provided for in subsection

(a) of this section whenever he finds that such action is

consistent with the purpose of subsection (a) of this section or is

necessary for any reason to protect the revenue or to prevent

unlawful importations.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 321, as added June 25,

1938, ch. 679, Sec. 7, 52 Stat. 1081; amended Aug. 8, 1953, ch.

397, Sec. 13, 67 Stat. 515; Pub. L. 87-261, Sec. 2(c), Sept. 21,

1961, 75 Stat. 541; Pub. L. 89-62, Sec. 2, June 30, 1965, 79 Stat.

208; Pub. L. 93-618, title VI, Sec. 610(a), Jan. 3, 1975, 88 Stat.

2075; Pub. L. 95-410, title II, Sec. 205, Oct. 3, 1978, 92 Stat.

900; Pub. L. 97-446, title I, Sec. 115(b), Jan. 12, 1983, 96 Stat.

2335; Pub. L. 100-418, title I, Sec. 1214(h)(2), Aug. 23, 1988, 102

Stat. 1157; Pub. L. 103-182, title VI, Sec. 651, Dec. 8, 1993, 107

Stat. 2209; Pub. L. 104-295, Sec. 3(a)(8), (12), Oct. 11, 1996, 110

Stat. 3516.)

-REFTEXT-

REFERENCES IN TEXT

Title I of this Act, referred to in subsec. (a)(2)(B), means

title I of act June 17, 1930, as amended, which contained the

Tariff Schedules of the United States and which formerly were set

out under section 1202 of this title. The Tariff Schedules of the

United States were replaced by the Harmonized Tariff Schedule of

the United States. See Publication of Harmonized Tariff Schedule

note set out under section 1202 of this title.

-MISC2-

AMENDMENTS

1996 - Subsec. (a)(1). Pub. L. 104-295, Sec. 3(a)(12)(A),

substituted ''duties, fees, taxes, and interest actually accruing''

for ''duties, fees, and taxes actually accruing''.

Subsec. (a)(2)(B). Pub. L. 104-295, Sec. 3(a)(8), inserted '',

9804.00.65,'' after ''9804.00.30''.

Subsec. (a)(3). Pub. L. 104-295, Sec. 3(a)(12)(B), substituted

''taxes, and interest'' for ''and taxes'' and ''taxes, or

interest'' for ''or taxes''.

1993 - Subsec. (a)(1). Pub. L. 103-182, Sec. 651(1), substituted

''of an amount specified by the Secretary by regulation, but not

less than $20,'' for ''of less than $10'', inserted '', fees,''

after ''duties'' wherever appearing, and struck out ''and'' at end.

Subsec. (a)(2). Pub. L. 103-182, Sec. 651(2), substituted ''shall

not exceed an amount specified by the Secretary by regulation, but

not less than - '' for ''shall not exceed - '' in introductory

provisions, substituted ''$100'' and ''$200'' for ''$50'' and

''$100'', respectively, in subpar. (A), substituted ''$200'' for

''$25'' in subpar. (B), substituted ''$200'' for ''$5'' in subpar.

(C), and substituted ''; and'' for period at end.

Subsec. (a)(3). Pub. L. 103-182, Sec. 651(3), added par. (3).

Subsec. (b). Pub. L. 103-182, Sec. 651(4), struck out ''to

diminish any dollar amount specified in subsection (a) of this

section and'' after ''authorized by regulations'' and substituted

''subsection (a) of this section'' for ''such subsection'' in two

places.

1988 - Subsec. (a)(2)(B). Pub. L. 100-418 substituted

''subheading 9804.00.30 or 9804.00.70'' for ''item 812.25 or

813.31''.

1983 - Subsec. (a)(2)(A). Pub. L. 97-446 substituted ''$50'' for

''$25'' and ''$100'' for ''$40''.

1978 - Subsec. (a)(1). Pub. L. 95-410, Sec. 205(a), substituted

''$10'' for ''$3'' and ''duties and taxes'' for ''duties or taxes''

in three places.

Subsec. (a)(2). Pub. L. 95-410, Sec. 205(b)(1)-(3), substituted

in: subpar. (A), ''$25'' and ''$40'' for ''$10'' and ''$20'';

subpar. (B), ''$25'' for ''$10''; and subpar. (C), ''$5'' for

''$1''.

1975 - Subsec. (a)(2)(A). Pub. L. 93-618 inserted ''($20, in the

case of articles sent as bona fide gifts from persons in the Virgin

Islands, Guam, and American Samoa)'' after ''United States''.

1965 - Subsec. (a)(2). Pub. L. 89-62 substituted ''fair retail

value in the country of shipment'' for ''value'' in the material

preceding subpar. (A) and ''item 812.25 or 813.31 of section 1202

of this title'' for ''paragraph 1798(b)(2) or (c)(2) of section

1201 of this title'' in subpar. (B).

1961 - Subsec. (a). Pub. L. 87-261 inserted ''(b)(2) or'' after

''paragraph 1798''.

1953 - Act Aug. 8, 1953, (1) divided section into subsections;

(2) increased from $1 to $3 the difference between deposited or

assessed duties and actual duties which may be disregarded by the

collector; (3) permitted free entry of bona fide gifts from persons

outside the United States up to $10; (4) allowed persons to bring

with them articles up to $10 in value for their personal use; (5)

continued to allow free entry up to $1 in other cases; and (6)

enabled the Secretary of the Treasury to reduce these amounts if he

found such action necessary to protect the revenue.

EFFECTIVE DATE OF 1996 AMENDMENT

Section 3(b) of Pub. L. 104-295 provided that: ''The amendments

made by this section (amending this section and sections 1401,

1431, 1504, 1508, 1509, 1515, 1592, and 1631 of this title and

repealing section 1707 of this title) shall apply as of December 8,

1993.''

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and

applicable with respect to articles entered on or after such date,

see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective

Date note under section 3001 of this title.

EFFECTIVE DATE OF 1983 AMENDMENT

Section 115(c) of Pub. L. 97-446 provided that: ''The amendments

made by this section (amending the Tariff Schedules and this

section) shall apply with respect to returning residents of the

United States who arrive in the United States on or after the 15th

day after the date of the enactment of this Act (Jan. 12, 1983).''

EFFECTIVE DATE OF 1975 AMENDMENT

Section 610(b) of Pub. L. 93-618 provided that: ''The amendment

made by subsection (a) (amending this section) shall apply with

respect to articles entered, or withdrawn from warehouse, for

consumption after the date of enactment of this Act (Jan. 3,

1975).''

EFFECTIVE DATE OF 1965 AMENDMENT

Section 4 of Pub. L. 89-62 provided in part that: ''The

amendments made by section 2 (amending this section) shall apply

with respect to articles arriving in the United States on or after

October 1, 1965.''

EFFECTIVE DATE OF 1961 AMENDMENT

Section 2(d) of Pub. L. 87-261 provided that: ''The amendments

made by subsections (a), (b), and (c) (amending this section and

former section 1201 of this title) shall apply with respect to

persons arriving in the United States on or after the 30th day

after the date of the enactment of this Act (Sept. 21, 1961).''

EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION

Amendment by act Aug. 8, 1953, effective on and after thirtieth

day following Aug. 8, 1953, and savings provision, see notes set

out under section 1304 of this title.

EFFECTIVE DATE

Section effective on thirtieth day following June 25, 1938,

except as otherwise specifically provided, see section 37 of act

June 25, 1938, set out as an Effective Date of 1938 Amendment note

under section 1401 of this title.

-CITE-

19 USC Sec. 1322 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1322. International traffic and rescue work; United

States-Mexico Boundary Treaty of 1970

-STATUTE-

(a) Vehicles and other instruments of international traffic except

communications satellites

Vehicles and other instruments of international traffic, of any

class specified by the Secretary of the Treasury, shall be excepted

from the application of the customs laws to such extent and subject

to such terms and conditions as may be prescribed in regulations or

instructions of the Secretary of the Treasury. The authority

delegated to the Secretary by this subsection shall not extend to

communications satellites and components and parts thereof.

(b) Rescue and relief equipment; personal property related to use

of land under United States-Mexico Boundary Treaty of 1970;

forfeit of articles to United States

The Secretary of the Treasury may provide by regulation or

instruction for the admission, without entry and without the

payment of any duty or tax imposed upon or by reason of

importation, of -

(1) aircraft, equipment, supplies, and spare parts for use in

searches, rescues, investigations, repairs, and salvage in

connection with accidental damage to aircraft;

(2) fire-fighting and rescue and relief equipment and supplies

for emergent temporary use in connection with conflagrations;

(3) rescue and relief equipment and supplies for emergent

temporary use in connection with floods and other disasters; and

(4) personal property related to the use and enjoyment of a

separated tract of land as described in article III of the Treaty

To Resolve Pending Boundary Differences and Maintain the Rio

Grande and Colorado Rivers as the International Boundary between

the United States of America and the United Mexican States signed

on November 23, 1970.

Any articles admitted under the authority of this subsection and

used otherwise than for a purpose herein expressed, or not exported

in such time and manner as may be prescribed in the regulations or

instructions herein authorized, shall be forfeited to the United

States.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 322, as added Aug. 8,

1953, ch. 397, Sec. 14, 67 Stat. 516; amended Pub. L. 92-549, title

I, Sec. 107, Oct. 25, 1972, 86 Stat. 1162; Pub. L. 98-573, title I,

Sec. 124(c), 127(b), Oct. 30, 1984, 98 Stat. 2959.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (a), are classified

generally to this title.

-MISC2-

AMENDMENTS

1984 - Subsec. (a). Pub. L. 98-573, Sec. 127(b), substituted

''excepted'' for ''granted the customary exceptions''.

Pub. L. 98-573, Sec. 124(c), inserted ''The authority delegated

to the Secretary by this subsection shall not extend to

communications satellites and components and parts thereof.''

1972 - Pub. L. 92-549, Sec. 107(a), inserted ''United

States-Mexico Boundary Treaty of 1970'' in section catchline.

Subsec. (b)(4). Pub. L. 92-549, Sec. 107(b), added cl. (4).

EFFECTIVE DATE OF 1984 AMENDMENT

Section 195(a), (b), (d) of Pub. L. 98-573 provided that:

''(a) Except as provided in section 126 and in subsections (b)

and (c), the amendments made by subtitles B, C, and D (amending

this section and sections 1202 and 1504 of this title) shall apply

with respect to articles entered on or after the 15th day after the

date of the enactment of this Act (Oct. 30, 1984).

''(b)(1) The amendment made by sections 117 and 124 (amending

this section) shall apply with respect to articles entered on or

after January 1, 1985.

''(2) The amendments made by section 127 (amending this section)

shall apply with respect to articles entered on or after a date to

be proclaimed by the President which shall be consonant with the

entering into force for the United States of the Customs Convention

on Containers, 1972.

''(d) For purposes of this section -

''(1) The term 'entered' means entered, or withdrawn from

warehouse for consumption in the customs territory of the United

States.

''(2) The term 'entry' includes any withdrawal from

warehouse.''

EFFECTIVE DATE

Section effective on and after thirtieth day following Aug. 8,

1953, see note set out under section 1304 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 46 App. section 883.

-CITE-

19 USC Sec. 1323 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part I - Miscellaneous

-HEAD-

Sec. 1323. Conservation of fishery resources

-STATUTE-

Upon the convocation of a conference on the use or conservation

of international fishery resources, the President shall, by all

appropriate means at his disposal, seek to persuade countries whose

domestic fishing practices or policies affect such resources, to

engage in negotiations in good faith relating to the use or

conservation of such resources. If, after such efforts by the

President and by other countries which have agreed to engage in

such negotiations, any other country whose conservation practices

or policies affect the interests of the United States and such

other countries, has, in the judgment of the President, failed or

refused to engage in such negotiations in good faith, the President

may, if he is satisfied that such action is likely to be effective

in inducing such country to engage in such negotiations in good

faith, increase the rate of duty on any fish (in any form) which is

the product of such country, for such time as he deems necessary,

to a rate not more than 50 percent above the rate existing on July

1, 1934.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 323, as added Pub. L.

87-794, title II, Sec. 257(i), Oct. 11, 1962, 76 Stat. 883.)

-CITE-

19 USC Part II - United States International Trade

Commission 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Part II - United States International Trade Commission

-CITE-

19 USC Sec. 1330 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1330. Organization of Commission

-STATUTE-

(a) Membership

The United States International Trade Commission (referred to in

this subtitle as the ''Commission'') shall be composed of six

commissioners who shall be appointed by the President, by and with

the advice and consent of the Senate. No person shall be eligible

for appointment as a commissioner unless he is a citizen of the

United States, and, in the judgment of the President, is possessed

of qualifications requisite for developing expert knowledge of

international trade problems and efficiency in administering the

duties and functions of the Commission. A person who has served as

a commissioner for more than 5 years (excluding service as a

commissioner before January 3, 1975) shall not be eligible for

reappointment as a commissioner. Not more than three of the

commissioners shall be members of the same political party, and in

making appointments members of different political parties shall be

appointed alternately as nearly as may be practicable.

(b) Terms of office

The terms of office of the commissioners holding office on

January 3, 1975, which (but for this sentence) would expire on June

16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16,

1979, and June 16, 1980, shall expire on December 16, 1976, June

16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and

June 16, 1984, respectively. The term of office of each

commissioner appointed after such date shall expire 9 years from

the date of the expiration of the term for which his predecessor

was appointed, except that -

(1) any commissioner appointed to fill a vacancy occurring

prior to the expiration of the term for which his predecessor was

appointed shall be appointed for the remainder of such term, and

(2) any commissioner may continue to serve as a commissioner

after an expiration of his term of office until his successor is

appointed and qualified.

(1) The chairman and the vice chairman of the Commission shall be

designated by the President from among the members of the

Commission not ineligible, under paragraph (3), for designation.

The President shall notify the Congress of his designations under

this paragraph. If, as of the date on which a term begins under

paragraph (2), the President has not designated the chairman of the

Commission for such term, the Commissioner (FOOTNOTE 1) who, as of

such date -

(FOOTNOTE 1) So in original. Probably should not be

capitalized.

(A) is a member of a different political party than the

chairman of the Commission for the immediately preceding term,

and

(B) has the longest period of continuous service as a

commissioner,

shall serve as chairman of the Commission for the portion of such

term preceding the date on which an individual designated by the

President takes office as chairman.

(2) After June 16, 1978, the terms of office for the chairman and

vice chairman of the Commission shall be as follows:

(A) The first term of office occurring after such date shall

begin on June 17, 1978, and end at the close of June 16, 1980.

(B) Each term of office thereafter shall begin on the day after

the closing date of the immediately preceding term of office and

end at the close of the 2-year period beginning on such day.

(3)(A) The President may not designate as the chairman of the

Commission for any term any commissioner who is a member of the

political party of which the chairman of the Commission for the

immediately preceding term is a member, or who has less than 1 year

of continuous service as a commissioner as of the date such

designation is being made.

(B) The President may not designate as the vice chairman of the

Commission for any term any commissioner who is a member of the

political party of which the chairman for that term is a member.

vice chairman by reason of death, resignation, removal from office

as a commissioner, or expiration of his term of office as a

commissioner, the President shall designate as the chairman or vice

chairman, as the case may be, for the remainder of such term a

commissioner who is a member of the same political party.

Designation of a chairman under this subparagraph may be made

without regard to the 1-year continuous service requirement under

subparagraph (A).

(4) The vice chairman shall act as chairman in case of the

absence or disability of the chairman. During any period in which

there is no chairman or vice chairman, the commissioner having the

longest period of continuous service as a commissioner shall act as

chairman.

(5) No commissioner shall actively engage in any business,

vocation, or employment other than that of serving as a

commissioner.

(6) A majority of the commissioners in office shall constitute a

quorum, but the Commission may function notwithstanding vacancies.

(d) Effect of divided vote in certain cases

(1) In a proceeding in which the Commission is required to

determine -

(A) under section 2252 of this title, whether increased imports

of an article are a substantial cause of serious injury, or the

threat thereof, as described in subsection (b)(1) of that section

(hereafter in this subsection referred to as ''serious injury''),

(B) under section 2436 of this title, whether market disruption

exists.

and the commissioners voting are equally divided with respect to

such determination, then the determination, agreed upon by either

group of commissioners may be considered by the President as the

determination of the Commission.

(2) If under section 2252(b) or 2436 of this title there is an

affirmative determination of the Commission, or a determination of

the Commission which the President may consider an affirmative

determination under paragraph (1), that serious injury or market

disruption exists, respectively, and a majority of the

commissioners voting are unable to agree on a finding or

recommendation described in section 2252(e)(1) of this title or the

finding described in section 2436(a)(3) of this title, as the case

may be (hereafter in this subsection referred to as a ''remedy

finding''), then -

(A) if a plurality of not less than three commissioners so

voting agree on a remedy finding, such remedy finding shall, for

purposes of section 2253 of this title, be treated as the remedy

finding of the Commission, or

(B) if two groups, both of which include not less than 3

commissioners, each agree upon a remedy finding and the President

reports under section 2254(a) of this title that -

(i) he is taking the action agreed upon by one such group,

then the remedy finding agreed upon by the other group shall,

for purposes of section 2253 of this title, be treated as the

remedy finding of the Commission, or

(ii) he is taking action which differs from the action agreed

upon by both such groups, or that he will not take any action,

then the remedy finding agreed upon by either such group may be

considered by the Congress as the remedy finding of the

Commission and shall, for purposes of section 2253 of this

title, be treated as the remedy finding of the Commission.

(3) In any proceeding to which paragraph (1) applies in which the

commissioners voting are equally divided on a determination that

serious injury exists, or that market disruption exists, the

Commission shall report to the President the determination of each

group of commissioners. In any proceeding to which paragraph (2)

applies, the Commission shall report to the President the remedy

finding of each group of commissioners voting.

(4) In a case to which paragraph (2)(B)(ii) applies, for purposes

of section 2253(a) of this title, notwithstanding section

2192(a)(1)(A) of this title, the second blank space in the joint

resolution described in such section 2192(a)(1)(A) of this title

shall be filled with the appropriate date and the following: ''The

action which shall take effect under section 203(a) of the Trade

Act of 1974 is the finding or recommendation agreed upon by

Commissioners _ _ _ _ _ _ _, _ _ _ _ _ _ _, and _ _ _ _ _ _.'' The

three blank spaces shall be filled with the names of the

appropriate Commissioners.

(5) Whenever, in any case in which the Commission is authorized

to make an investigation upon its own motion, upon complaint, or

upon application of any interested party, one-half of the number of

commissioners voting agree that the investigation should be made,

such investigation shall thereupon be carried out in accordance

with the statutory authority covering the matter in question.

Whenever the Commission is authorized to hold hearings in the

course of any investigation and one-half of the number of

commissioners voting agree that hearings should be held, such

hearings shall thereupon be held in accordance with the statutory

authority covering the matter in question.

(e) Authorization of appropriations

(1) For the fiscal year beginning October 1, 1976, and each

fiscal year thereafter, there are authorized to be appropriated to

the Commission only such sums as may hereafter be provided by law.

(2)(A) There are authorized to be appropriated to the Commission

for necessary expenses (including the rental of conference rooms in

the District of Columbia and elsewhere) not to exceed the

following:

(i) $54,000,000 for fiscal year 2003.

(ii) $57,240,000 for fiscal year 2004.

(B) Not to exceed $2,500 of the amount authorized to be

appropriated for any fiscal year under subparagraph (A) may be

used, subject to the approval of the Chairman of the Commission,

for reception and entertainment expenses.

of subparagraph (A) may be used by the Commission in the making of

any special study, investigation, or report that is requested by

any agency of the executive branch unless that agency reimburses

the Commission for the cost thereof.

(3) There are authorized to be appropriated to the Commission for

each fiscal year after September 30, 1977, in addition to any other

amount authorized to be appropriated for such fiscal year, such

sums as may be necessary for increases authorized by law in salary,

pay, retirement, and other employee benefits.

(4) By not later than the date on which the President submits to

Congress the budget of the United States Government for a fiscal

year, the Commission shall submit to the Committee on Ways and

Means of the House of Representatives and the Committee on Finance

of the Senate the projected amount of funds for the succeeding

fiscal year that will be necessary for the Commission to carry out

its functions.

(f) Treatment of Commission under Paperwork Reduction Act

The Commission shall be considered to be an independent

regulatory agency for purposes of chapter 35 of title 44.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 330, 46 Stat. 696; Aug. 7,

1953, ch. 348, title II, Sec. 201, 67 Stat. 472; Pub. L. 93-618,

title I, Sec. 172(a), (b), 175(b), Jan. 3, 1975, 88 Stat.

2009-2011; Pub. L. 94-455, title XVIII, Sec. 1801(a), (b), Oct. 4,

1976, 90 Stat. 1762; Pub. L. 95-106, Sec. 1, 2(a), Aug. 17, 1977,

91 Stat. 867; Pub. L. 95-430, Oct. 10, 1978, 92 Stat. 1020; Pub. L.

97-456, Sec. 1(a), Jan. 12, 1983, 96 Stat. 2503; Pub. L. 98-573,

title II, Sec. 248(c), title VII, Sec. 701, Oct. 30, 1984, 98 Stat.

2998, 3043; Pub. L. 99-272, title XIII, Sec. 13021, Apr. 7, 1986,

100 Stat. 305; Pub. L. 100-203, title IX, Sec. 9502, Dec. 22, 1987,

101 Stat. 1330-380; Pub. L. 100-418, title I, Sec. 1401(b)(4),

1611, 1612, Aug. 23, 1988, 102 Stat. 1240, 1262; Pub. L. 100-647,

title IX, Sec. 9001(a)(15), Nov. 10, 1988, 102 Stat. 3808; Pub. L.

101-207, Sec. 2, Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101-382,

title I, Sec. 101, Aug. 20, 1990, 104 Stat. 633; Pub. L. 102-185,

Sec. 1(a)(1), (2), (c)(1), Dec. 4, 1991, 105 Stat. 1280; Pub. L.

107-210, div. A, title III, Sec. 371, Aug. 6, 2002, 116 Stat.

991.)

-REFTEXT-

REFERENCES IN TEXT

Section 203(a) of the Trade Act of 1974, referred to in subsec.

(d)(4), is classified to section 2253(a) of this title.

-COD-

CODIFICATION

Provisions of subsec. (c) which prescribed the annual basic

compensation of the commissioners were omitted to conform to the

provisions of the Executive Schedule. See sections 5314 and 5315 of

Title 5, Government Organization and Employees.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 8, 1916, ch. 463, Sec. 700, 39 Stat. 795. That section was

superseded by section 330 of act June 17, 1930, comprising this

section.

AMENDMENTS

2002 - Subsec. (e)(2)(A)(i). Pub. L. 107-210, Sec. 371(a)(1),

added cl. (i) and struck out former cl. (i) which read as follows:

''$41,170,000 for fiscal year 1991.''

Subsec. (e)(2)(A)(ii). Pub. L. 107-210, Sec. 371(a)(2), added cl.

(ii) and struck out former cl. (ii) which read as follows:

''$44,052,000 for fiscal year 1992.''

Subsec. (e)(4). Pub. L. 107-210, Sec. 371(b), added par. (4).

1991 - Subsec. (c)(1). Pub. L. 102-185, Sec. 1(c)(1), inserted at

end ''If, as of the date on which a term begins under paragraph

(2), the President has not designated the chairman of the

Commission for such term, the Commissioner who, as of such date -

''(A) is a member of a different political party than the

chairman of the Commission for the immediately preceding term,

and

''(B) has the longest period of continuous service as a

commissioner,

shall serve as chairman of the Commission for the portion of such

term preceding the date on which an individual designated by the

President takes office as chairman.''

Subsec. (c)(3)(A). Pub. L. 102-185, Sec. 1(a)(2)(A), inserted '',

or who has less than 1 year of continuous service as a commissioner

as of the date such designation is being made'' before the period.

Pub. L. 102-185, Sec. 1(a)(1)(A), amended subpar. (A) generally.

Prior to amendment, subpar. (A) read as follows: ''The President

may not designate as the chairman of the Commission for any term -

''(i) either of the two commissioners with the shortest period

of service on the Commission as of the beginning date of the term

of office for which the designation of chairman is to be made; or

''(ii) any commissioner who is a member of the political party

of which the chairman of the Commission for the immediately

preceding term is a member.''

Subsec. (c)(3)(C). Pub. L. 102-185, Sec. 1(a)(2)(B), inserted at

end ''Designation of a chairman under this subparagraph may be made

without regard to the 1-year continuous service requirement under

subparagraph (A).''

Pub. L. 102-185, Sec. 1(a)(1)(B), struck out at end ''Designation

of a chairman under this subparagraph may be made without regard to

the limitation set forth in subparagraph (A)(i).''

1990 - Subsec. (e)(2). Pub. L. 101-382 amended par. (2)

generally. Prior to amendment, par. (2) read as follows: ''There

are authorized to be appropriated to the Commission for necessary

expenses (including the rental of conference rooms in the District

of Columbia and elsewhere) for fiscal year 1990 not to exceed

$39,943,000; of which not to exceed $2,500 may be used, subject to

approval by the Chairman of the Commission, for reception and

entertainment expenses. No part of any sum that is appropriated

under the authority of this paragraph may be used by the Commission

for the making of any special study, investigation, or report that

is requested by any agency of the executive branch unless that

agency reimburses the Commission for the cost thereof.''

1989 - Subsec. (e)(2). Pub. L. 101-207 substituted ''1990'' for

''1988'' and ''$39,943,000'' for ''$35,386,000''.

1988 - Subsec. (c)(3)(A)(i). Pub. L. 100-647 substituted ''with

the shortest period of service on'' for ''most recently appointed

to''.

Pub. L. 100-418, Sec. 1611, which directed that subsec. (c)(A)(i)

of this section be amended by substituting ''with the shortest

period of service on'' for ''most recently appointed to'', was

probably intended to be an amendment to subsec. (c)(3)(A)(i). See

amendment by Pub. L. 100-647 above.

Subsec. (d)(1)(A). Pub. L. 100-418, Sec. 1401(b)(4)(A),

substituted ''2252'' for ''2251''.

Subsec. (d)(2). Pub. L. 100-418, Sec. 1401(b)(4)(B)(i), (iii), in

introductory provisions substituted ''2252(b)'' and ''2252(e)(1)''

for ''2251'' and ''2251(d)(1)'', respectively.

Subsec. (d)(2)(A). Pub. L. 100-418, Sec. 1401(b)(4)(B)(iv),

substituted ''section 2253 of this title'' for ''sections 2252 and

2253 of this title''.

Subsec. (d)(2)(B). Pub. L. 100-418, Sec. 1401(b)(4)(B)(iv), (v),

in introductory provisions substituted ''section 2254(a) of this

title'' for ''section 2253(b) of this title'' and, in cls. (i) and

(ii), substituted ''section 2253 of this title'' for ''sections

2252 and 2253 of this title''.

Subsec. (d)(4). Pub. L. 100-418, Sec. 1401(b)(4)(C), substituted

''section 2253(a) of this title'' for ''section 2253(c)(1) of this

title'' and ''section 203(a) of the Trade Act of 1974'' for

''section 203(c)(1) of the Trade Act of 1974''.

Subsec. (f). Pub. L. 100-418, Sec. 1612, added subsec. (f).

1987 - Subsec. (e)(2). Pub. L. 100-203 substituted ''for fiscal

year 1988 not to exceed $35,386,000'' for ''fiscal year 1986 not to

exceed $28,901,000''.

1986 - Subsec. (e)(2). Pub. L. 99-272 amended first sentence

generally, substituting ''for fiscal year 1986 not to exceed

$28,901,000'' for ''for fiscal year 1985 not to exceed

$28,410,000''.

1984 - Subsec. (d)(4). Pub. L. 98-573, Sec. 248(c), substituted

''the joint resolution described in such section 2192(a)(1)(A)''

for ''the concurrent resolution described in such section 2192''.

Subsec. (e)(2). Pub. L. 98-573, Sec. 701, substituted

authorization of appropriation of not more than $28,410,000 for

fiscal year 1985 for necessary expenses, including the rental of

conference rooms in the District of Columbia and elsewhere for

provision authorizing appropriation of not more than $19,737,000

for necessary expenses for fiscal year 1983, and inserted provision

that not more than $2,500 may be used, subject to approval by the

Chairman of the Commission, for reception and entertainment

expenses.

1983 - Subsec. (e)(2). Pub. L. 97-456 substituted authorization

of appropriation of not exceeding $19,737,000 for fiscal 1983 for

authorization not exceeding $12,963,000 for fiscal 1979, and

inserted provision relating to reimbursement by agencies of the

executive branch for studies requested by them.

1978 - Subsec. (e)(2). Pub. L. 95-430 substituted provisions

authorizing $12,963,000 to be appropriated for the necessary

expenses of the Commission for fiscal year 1979 for provisions

authorizing $11,522,000 to be appropriated for similar expenses for

fiscal year 1978.

1977 - Subsec. (c). Pub. L. 95-106, Sec. 2(a), inserted

provisions in par. (1) for the Congressional notification of

Presidential designations, substituted, in par. (2), provisions

covering the expiration of terms of office after June 16, 1978, for

provisions covering the expiration of terms of office on and after

June 17, 1975, added par. (3), and redesignated as pars. (4) to (6)

provisions formerly contained in par. (1).

Subsec. (e). Pub. L. 95-106, Sec. 1, designated existing

provisions as par. (1) and added pars. (2) and (3).

1976 - Subsec. (b). Pub. L. 94-455, Sec. 1801(a), inserted

provisions that any commissioner may continue to serve as a

commissioner after an expiration of his term of office until his

successor is appointed and qualified.

Subsec. (d)(1). Pub. L. 94-455, Sec. 1801(b)(2), substituted

provisions relating to consideration by the President of

determinations of the Commission as to whether increased imports of

an article are a substantial cause of serious injury or threat or

whether market disruption exists for provisions relating to

consideration by the President of findings of the Commission in

connection with any authority conferred upon the President by law

to make changes in import restrictions.

Subsec. (d)(2) to (5). Pub. L. 94-455, Sec. 1801(b), added pars.

(2) to (4) and redesignated former par. (2) as (5).

1975 - Subsec. (a). Pub. L. 93-618, Sec. 172(a), substituted

''United States International Trade Commission'' for ''United

States Tariff Commission'' and inserted provision that a person who

has served as a commissioner for more than five years (excluding

service as a commissioner before January 3, 1975) shall not be

eligible for reappointment as a commissioner.

Subsec. (b). Pub. L. 93-618, Sec. 172(a), lengthened the term of

office from 6 years to 9 years for commissioners appointed after

Jan. 3, 1975, and substituted Dec. 16, 1976, June 16, 1978, Dec.

16, 1979, June 16, 1981, Dec. 16, 1982, and June 16, 1984, for June

16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16,

1979, and June 16, 1980, respectively, as the expiration dates for

the terms of office of commissioners serving on Jan. 3, 1975.

Subsec. (c). Pub. L. 93-618, Sec. 172(b), designated existing

provisions as par. (1), inserted ''Except as provided in paragraph

(2),'' before ''The'', and added par. (2).

Subsec. (e). Pub. L. 93-618, Sec. 175(b), added subsec. (e).

1953 - Subsec. (d). Act Aug. 7, 1953, added subsec. (d).

EFFECTIVE DATE OF 1991 AMENDMENT

Section 1(a)(3) of Pub. L. 102-185 provided that:

''(A) Modification. - The amendments made by paragraph (1)

(amending this section) shall apply to terms beginning on and after

June 17, 1990.

''(B) 1-year requirement. - The amendments made by paragraph (2)

(amending this section) shall apply to terms beginning on and after

June 17, 1996.''

Section 1(c)(2) of Pub. L. 102-185 provided that: ''The amendment

made by this subsection (amending this section) shall take effect

on the 10th day following the date of the enactment of this Act

(Dec. 4, 1991).''

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

Amendment by section 1401(b)(4) of Pub. L. 100-418 effective Aug.

23, 1988, and applicable with respect to investigations initiated

under part 1 (Sec. 2251 et seq.) of subchapter II of chapter 12 of

this title on or after that date, see section 1401(c) of Pub. L.

100-418, set out as a note under section 2251 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by section 248(c) of Pub. L. 98-573 effective on 15th

day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98-573,

set out as a note under section 1304 of this title.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 2(b) of Pub. L. 95-106 provided that: ''The amendment

made by this section (amending this section) shall apply with

respect to the designation of chairmen and vice chairmen of the

United States International Trade Commission for terms beginning

after June 16, 1978.''

EFFECTIVE DATE OF 1976 AMENDMENT

Section 1801(c) of Pub. L. 94-455 provided that: ''The amendments

made by subsection (b) (amending this section) shall apply to

determinations, findings, and recommendations made under sections

201 and 406 of the Trade Act of 1974 (sections 2251 and 2436 of

this title) after the date of the enactment of this Act (Oct. 4,

1976).''

APPOINTMENT OF CHAIRMAN IN 1992

Section 1(b) of Pub. L. 102-185 provided that: ''In the case of

the term of the chairman of the United States International Trade

Commission beginning June 17, 1992 -

''(1) section 330(c)(3)(A) of the Tariff Act of 1930 (19 U.S.C.

1330(c)(3)(A)) shall not apply, and

''(2) the President shall designate as chairman a Commissioner

who is a member of the same political party as the chairman of

the Commission serving on June 16, 1986.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2231, 2253, 3353, 3371 of

this title.

-CITE-

19 USC Sec. 1331 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1331. General powers

-STATUTE-

(a) Administration

(1)(A) Except as provided in paragraph (2), the chairman of the

Commission shall -

(i) appoint and fix the compensation of such employees of the

Commission as he deems necessary (other than the personal staff

of each commissioner), including the secretary,

(ii) procure the services of experts and consultants in

accordance with the provisions of section 3109 of title 5, and

(iii) exercise and be responsible for all other administrative

functions of the Commission.

(B) The chairman of the Commission may accept, hold, administer,

and utilize gifts, devises, and bequests of property, both real and

personal, for the purpose of aiding or facilitating the work of the

Commission.

shall be subject to disapproval by a majority vote of all the

commissioners in office.

(2) Subject to approval by a majority vote of all the

commissioners in office, the chairman may -

(A) terminate the employment of any supervisory employee of the

Commission whose duties involve substantial personal

responsibility for Commission matters and who is compensated at a

rate equal to, or in excess of, the rate for grade GS-15 of the

General Schedule in section 5332 of title 5, and

(B) formulate the annual budget of the Commission.

(3) No member of the Commission, in making public statements with

respect to any policy matter for which the Commission has

responsibility, shall represent himself as speaking for the

Commission, or his views as being the views of the Commission, with

respect to such matter except to the extent that the Commission has

adopted the policy being expressed.

(b) Application of civil service law

Except for employees excepted under civil service rules, all

employees of the commission shall be appointed from lists of

eligibles to be supplied by the Director of the Office of Personnel

Management and in accordance with the civil service law.

All of the expenses of the commission, including all necessary

expenses for transportation incurred by the commissioners or by

their employees under their orders in making any investigation or

upon official business in any other places than at their respective

headquarters, shall be allowed and paid on the presentation of

itemized vouchers therefor approved by the chairman (except that in

the case of a commissioner, or the personal staff of any

commissioner, such vouchers may be approved by that commissioner).

(d) Principal office at Washington

The principal office of the commission shall be in the city of

Washington, but it may meet and exercise all its powers at any

other place. The commission may, by one or more of its members, or

by such agents as it may designate, prosecute any inquiry necessary

to its duties in any part of the United States or in any foreign

country.

(e) Office at New York

The commission is authorized to establish and maintain an office

at the port of New York for the purpose of directing or carrying on

any investigation, receiving and compiling statistics, selecting,

describing, and filing samples of articles, and performing any of

the duties or exercising any of the powers imposed upon it by law.

(f) Official seal

The commission is authorized to adopt an official seal, which

shall be judicially noticed.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 331, 46 Stat. 697; Pub. L.

95-106, Sec. 3(a), (b), Aug. 17, 1977, 91 Stat. 868; 1978 Reorg.

Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.

3783; Pub. L. 97-456, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2503.)

-REFTEXT-

REFERENCES IN TEXT

The civil service law, referred to in subsec. (b), is set forth

in Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-COD-

CODIFICATION

In subsec. (a), provisions which specified a salary of $7,500 per

year for the secretary to the commission have been omitted as

obsolete and superseded. Sections 1202 and 1204 of the

Classification Act of 1949, 63 Stat. 972, 973, repealed the

Classification Act of 1923 and all other laws or parts of laws

inconsistent with the 1949 Act. The Classification Act of 1949 was

repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,

and reenacted as chapter 51 and subchapter III of chapter 53 of

Title 5, Government Organization and Employees. Section 5102 of

Title 5 contains the applicability provisions of the 1949 Act, and

section 5103 of Title 5 authorizes the Office of Personnel

Management to determine the applicability to specific positions and

employees.

In subsec. (b), the words ''Except for employees excepted under

the civil service rules'' substituted for ''With the exception of

the secretary, a clerk to each commissioner, and such special

experts as the commission may from time to time find necessary for

the conduct of its work''. Appointments are now subject to the

civil service laws unless specifically excepted by such laws or by

laws enacted subsequent to Executive Order 8743, Apr. 23, 1941,

issued by the President pursuant to the act of Nov. 26, 1940, ch.

919, title I, Sec. 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.

-MISC3-

PRIOR PROVISIONS

Provisions similar to subsecs. (a) to (e) of this section were

contained in act Sept. 8, 1916, ch. 463, Sec. 701, 39 Stat. 975.

That section was superseded by section 331 of act June 17, 1930,

comprising this section.

Provisions similar to those in subsecs. (f) and (g) of this

section were contained in act Sept. 21, 1922, ch. 356, title III,

Sec. 318, 42 Stat. 947. That section was superseded by section 331

of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of the 1930 act.

AMENDMENTS

1983 - Subsec. (a)(1). Pub. L. 97-456 designated existing

provisions relating to the chairman's exercise of and

responsibility for all administrative functions as subpar. (A),

redesignated former subpars. (A) through (C) as cls. (i) through

(iii), added subpar. (B), designated provisions relating to

disapproval by a majority of the commissioners of any decision by

the chairman as subpar. (C), and in (C) as so designated,

substituted ''subparagraph (A) or (B)'' for ''this paragraph''

after ''chairman under''.

1977 - Subsec. (a). Pub. L. 95-106, Sec. 3(a), designated

existing provisions as par. (1), substituted provisions authorizing

the chairman to perform certain required functions subject to

approval by the Commission for provisions authorizing the

Commission to perform certain required functions and inserted

provisions requiring the chairman to exercise and be responsible

for all other administrative functions of the Commission, and added

pars. (2) and (3).

Subsec. (c). Pub. L. 95-106, Sec. 3(b)(1), substituted ''approved

by the chairman (except that in the case of a commissioner, or the

personal staff of any commissioner, such vouchers may be approved

by that commissioner)'' for ''approved by the Commission''.

Subsec. (d). Pub. L. 95-106, Sec. 3(b)(2), redesignated subsecs.

(e) to (g) as (d) to (f), respectively. Former subsec. (d),

relating to offices and supplies, was struck out.

EFFECTIVE DATE OF 1977 AMENDMENT

Section 3(c) of Pub. L. 95-106 provided that: ''The amendments

made by this section (amending this section) take effect on the

date of enactment of this Act (Aug. 17, 1977).''

-TRANS-

TRANSFER OF FUNCTIONS

''Director of the Office of Personnel Management'' substituted

for ''Civil Service Commission'' in subsec. (b) pursuant to Reorg.

Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out

under section 1101 of Title 5, Government Organization and

Employees, which transferred functions vested by statute in Civil

Service Commission to Director of Office of Personnel Management

(except as otherwise specified), effective Jan. 1, 1979, as

provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44

F.R. 1055, set out under section 1101 of Title 5.

-CITE-

19 USC Sec. 1332 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1332. Investigations

-STATUTE-

(a) Investigations and reports

It shall be the duty of the commission to investigate the

administration and fiscal and industrial effects of the customs

laws of this country, the relations between the rates of duty on

raw materials and finished or partly finished products, the effects

of ad valorem and specific duties and of compound specific and ad

valorem duties, all questions relative to the arrangement of

schedules and classification of articles in the several schedules

of the customs law, and, in general, to investigate the operation

of customs laws, including their relation to the Federal revenues,

their effect upon the industries and labor of the country, and to

submit reports of its investigations as hereafter provided.

(b) Investigations of tariff relations

The commission shall have power to investigate the tariff

relations between the United States and foreign countries,

commercial treaties, preferential provisions, economic alliances,

the effect of export bounties and preferential transportation

rates, the volume of importations compared with domestic production

and consumption, and conditions, causes, and effects relating to

competition of foreign industries with those of the United States,

including dumping and cost of production.

The commission shall have power to investigate the Paris Economy

Pact and similar organizations and arrangements in Europe.

(d) Information for President and Congress

In order that the President and the Congress may secure

information and assistance, it shall be the duty of the commission

to -

(1) Ascertain conversion costs and costs of production in the

principal growing, producing, or manufacturing centers of the

United States of articles of the United States, whenever in the

opinion of the commission it is practicable;

(2) Ascertain conversion costs and costs of production in the

principal growing, producing, or manufacturing centers of foreign

countries of articles imported into the United States, whenever

in the opinion of the commission such conversion costs or costs

of production are necessary for comparison with conversion costs

or costs of production in the United States and can be reasonably

ascertained;

(3) Select and describe articles which are representative of

the classes or kinds of articles imported into the United States

and which are similar to or comparable with articles of the

United States; select and describe articles of the United States

similar to or comparable with such imported articles; and obtain

and file samples of articles so selected, whenever the commission

deems it advisable;

(4) Ascertain import costs of such representative articles so

selected;

(5) Ascertain the grower's, producer's, or manufacturer's

selling prices in the principal growing, producing, or

manufacturing centers of the United States of the articles of the

United States so selected; and

(6) Ascertain all other facts which will show the differences

in or which affect competition between articles of the United

States and imported articles in the principal markets of the

United States.

(e) Definitions

When used in this subdivision and in subdivision (d) of this

section -

(1) The term ''article'' includes any commodity, whether grown,

produced, fabricated, manipulated, or manufactured;

(2) The term ''import cost'' means the transaction value of the

imported merchandise determined in accordance with section

1401a(b) of this title plus, when not included in the transaction

value, all necessary expenses, exclusive of customs duties, of

bringing such merchandise to the United States.

(f) Omitted

(g) Reports to President and Congress

The commission shall put at the disposal of the President of the

United States, the Committee on Ways and Means of the House of

Representatives, and the Committee on Finance of the Senate,

whenever requested, all information at its command, and shall make

such investigations and reports as may be requested by the

President or by either of said committees or by either branch of

the Congress. However, the Commission may not release information

which the Commission considers to be confidential business

information unless the party submitting the confidential business

information had notice, at the time of submission, that such

information would be released by the Commission, or such party

subsequently consents to the release of the information. The

Commission shall report to Congress on the first Monday of December

of each year after June 17, 1930, a statement of the methods

adopted and all expenses incurred, a summary of all reports made

during the year, and a list of all votes taken by the commission

during the year, showing those commissioners voting in the

affirmative and the negative on each vote and those commissioners

not voting on each vote and the reasons for not voting. Each such

annual report shall include a list of all complaints filed under

section 1337 of this title during the year for which such report is

being made, the date on which each such complaint was filed, and

the action taken thereon, and the status of all investigations

conducted by the commission under such section during such year and

the date on which each such investigation was commenced.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 332, 46 Stat. 698; Pub. L.

93-618, title I, Sec. 173, title III, Sec. 341(b), Jan. 3, 1975, 88

Stat. 2010, 2056; Pub. L. 96-39, title II, Sec. 202(a)(1), July 26,

1979, 93 Stat. 201; Pub. L. 100-418, title I, Sec. 1613, Aug. 23,

1988, 102 Stat. 1262; Pub. L. 100-647, title IX, Sec. 9001(a)(16),

Nov. 10, 1988, 102 Stat. 3808.)

-REFTEXT-

REFERENCES IN TEXT

The customs laws, referred to in subsec. (a), are classified

generally to this title.

-COD-

CODIFICATION

Subsection (f) directed the Tariff Commission to ascertain the

cost of crude petroleum during three years preceding 1930.

-MISC3-

PRIOR PROVISIONS

Provisions similar to subsections (a), (b), and (g) of this

section were contained in act Sept. 8, 1916, ch. 463, Sec. 702 to

704, 39 Stat. 796. Those sections were superseded by section 332 of

act June 17, 1930, comprising this section.

Provisions similar to those in subdivision (c) of this section

were contained in act Sept. 8, 1916, ch. 463, Sec. 708, 39 Stat.

798. That section was superseded by section 332 of act June 17,

1930, comprising this section.

Provisions similar to subdivisions (d) and (e) of this section

were contained in act Sept. 21, 1922, ch. 356, title III, Sec. 318,

42 Stat. 947. Section 318 of act 1922 was superseded by section 332

of act June 17, 1930, comprising this section, and repealed by

section 651(a)(1) of said 1930 act.

Act Oct. 3, 1913, ch. 16, Sec. IV, R, 38 Stat. 201, directed

President to ascertain certain facts and report to Congress when

imports amounted to less than 5 per centum of domestic consumption,

prior to repeal by act Sept. 21, 1922, ch. 356, title III, Sec.

321, 42 Stat. 947.

AMENDMENTS

1988 - Subsec. (g). Pub. L. 100-647 substituted ''report to

Congress on the first'' for ''report to Congress. on the first''.

Pub. L. 100-418 substituted ''. However, the Commission may not

release information which the Commission considers to be

confidential business information unless the party submitting the

confidential business information had notice, at the time of

submission, that such information would be released by the

Commission, or such party subsequently consents to the release of

the information. The Commission shall report to Congress.'' for

'', and shall report to Congress''.

1979 - Subsec. (e)(2). Pub. L. 96-39 substituted ''the

transaction value of the imported merchandise determined in

accordance with section 1401a(b) of this title plus, when not

included in the transaction value, all necessary expenses,

exclusive of customs duties, of bringing such merchandise to the

United States'' for ''the price at which an article is freely

offered for sale in the ordinary course of trade in the usual

wholesale quantities for exportation to the United States plus,

when not included in such price, all necessary expenses, exclusive

of customs duties, of bringing such imported article to the United

States''.

1975 - Subsec. (g). Pub. L. 93-618 substituted ''a summary of all

reports made during the year, and a list of all votes taken by the

commission during the year, showing those commissioners voting in

the affirmative and the negative on each vote and those

commissioners not voting on each vote and the reasons for not

voting'' for ''and a summary of all reports made during the year'',

and inserted last sentence relating to complaints included in

annual reports.

EFFECTIVE DATE OF 1988 AMENDMENT

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 1, 1980, see section

204(a) of Pub. L. 96-39, set out as a note under section 1401a of

this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Amendment by Pub. L. 93-618 effective on 90th day after Jan. 3,

1975, see section 341(c) of Pub. L. 93-618, set out as a note under

section 1337 of this title.

TERMINATION OF REPORTING REQUIREMENTS

For termination, effective May 15, 2000, of provisions in subsec.

(g) of this section relating to an annual report to Congress on the

first Monday of December of each year, see section 3003 of Pub. L.

104-66, as amended, set out as a note under section 1113 of Title

31, Money and Finance, and page 194 of House Document No. 103-7.

-TRANS-

DELEGATION OF FUNCTIONS

Functions of President under subsec. (g) of this section

regarding reports by United States International Trade Commission

to President delegated to United States Trade Representative, see

section 5-301 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779,

set out as a note under section 2901 of this title.

-MISC5-

CONTINUATION OF REPORTS WITH RESPECT TO SYNTHETIC ORGANIC CHEMICALS

Pub. L. 95-106, Sec. 5, Aug. 17, 1977, 91 Stat. 869, directed

International Trade Commission to make, for each calendar year

ending before Jan. 1, 1981, reports with respect to synthetic

organic chemicals similar in scope to reports made with respect to

such chemicals for calendar year 1976.

REVIEW OF CUSTOMS TARIFF SCHEDULES

Act Sept. 1, 1954, ch. 1213, title I, Sec. 101, 68 Stat. 1136, as

amended Aug. 2, 1956, ch. 894, 70 Stat. 955; May 19, 1958, Pub. L.

85-418, Sec. 3, 72 Stat. 120, provided for a complete study by the

Tariff Commission for the purpose of clarifying and simplifying the

tariff classification, with a report to go to the President and to

the chairmen of the appropriate committees of Congress no later

than Jan. 1, 1959. See section 1332 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 2252, 2463, 3011, 3437 of

this title; title 16 section 742h.

-CITE-

19 USC Sec. 1332a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1332a. Importation of red cedar shingles

-STATUTE-

(a) Investigation by Commission

The United States International Trade Commission is directed to

conduct an investigation as soon as practicable after the close of

the calendar year 1939 and each calendar year thereafter, for the

purpose of ascertaining the quantities of red cedar shingles

shipped by producers in the United States and the quantities of

imported red cedar shingles entered for consumption, or withdrawn

from warehouse for consumption, during each of the three calendar

years immediately preceding any such investigation.

(b) Duty on imported shingles; amount

If the Commission finds, on the basis of an investigation under

subdivision (a) of this section, that in any calendar year after

1938 the quantity of imported red cedar shingles entered for

consumption, or withdrawn from warehouse for consumption, was in

excess of 30 per centum of the combined total for such year of the

respective quantities ascertained in such investigation, it shall

so report to the President. If the President approves the report of

the Commission, he shall so proclaim, and on and after the day

following the filing of such proclamation with the Division of the

Federal Register and so long as any trade agreement entered into

under the authority of section 1351 of this title, shall be in

effect with respect to the importation into the United States of

red cedar shingles, there shall be a duty upon imported red cedar

shingles entered for consumption, or withdrawn from warehouse for

consumption, in any calendar year in excess of 30 per centum of the

annual average for the preceding three calendar years of the

combined total of the quantity of such shingles shipped by

producers in the United States and of the quantity of such imported

shingles entered for consumption, or withdrawn from warehouse for

consumption. The rate of such duty shall be 25 cents per square.

Any duty imposed under this section shall be treated for the

purposes of all provisions of law relating to customs revenue as a

duty imposed by section 1001 (FOOTNOTE 1) of this title, and shall

not apply to shingles entered for consumption before the duty

becomes applicable.

(FOOTNOTE 1) See References in Text note below.

The quantity of red cedar shingles entitled to exemption from any

duty imposed pursuant to this section shall be ascertained for each

quota period by the Commission and reported to the Secretary of the

Treasury.

-SOURCE-

(July 1, 1940, ch. 499, 54 Stat. 708; Pub. L. 93-618, title I, Sec.

171(b), Jan. 3, 1975, 88 Stat. 2009.)

-REFTEXT-

REFERENCES IN TEXT

Section 1001 of this title, referred to in subsec. (b), was

struck out by Pub. L. 87-456, title I, Sec. 101(a), May 24, 1962,

76 Stat. 72.

-COD-

CODIFICATION

Section was not enacted as a part of the Tariff Act of 1930 which

comprises this chapter.

-MISC3-

AMENDMENTS

1975 - Subsec. (a). Pub. L. 93-618 substituted ''United States

International Trade Commission'' for ''United States Tariff

Commission''.

-CITE-

19 USC Sec. 1333 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1333. Testimony and production of papers

-STATUTE-

(a) Authority to obtain information

For the purposes of carrying out its functions and duties in

connection with any investigation authorized by law, the commission

or its duly authorized agent or agents (1) shall have access to and

the right to copy any document, paper, or record, pertinent to the

subject matter under investigation, in the possession of any

person, firm, copartnership, corporation, or association engaged in

the production, importation, or distribution of any article under

investigation, (2) may summon witnesses, take testimony, and

administer oaths, (3) may require any person, firm, copartnership,

corporation, or association to produce books or papers relating to

any matter pertaining to such investigation, and (4) may require

any person, firm, copartnership, corporation, or association, to

furnish in writing, in such detail and in such form as the

commission may prescribe, information in their possession

pertaining to such investigation. Any member of the commission may

sign subpenas, and members and agents of the commission, when

authorized by the commission, may administer oaths and

affirmations, examine witnesses, take testimony, and receive

evidence.

(b) Witnesses and evidence

Such attendance of witnesses and the production of such

documentary evidence may be required from any place in the United

States at any designated place of hearing. And in case of

disobedience to a subpena the commission may invoke the aid of any

district or territorial court of the United States in requiring the

attendance and testimony of witnesses and the production of

documentary evidence, and such court within the jurisdiction of

which such inquiry is carried on may, in case of contumacy or

refusal to obey a subpena issued to any corporation or other

person, issue an order requiring such corporation or other person

to appear before the commission, or to produce documentary evidence

if so ordered or to give evidence touching the matter in question;

and any failure to obey such order of the court may be punished by

such court as a contempt thereof.

At the request of the commission, any such court shall have

jurisdiction to issue writs of mandamus commanding compliance with

the provisions of this part or any order of the commission made in

pursuance thereof.

(d) Depositions

The commission may order testimony to be taken by deposition in

any proceeding or investigation pending before the commission at

any stage of such proceeding or investigation. Such depositions

may be taken before any person designated by the commission and

having power to administer oaths. Such testimony shall be reduced

to writing by the person taking the deposition, or under his

direction, and shall then be subscribed by the deponent. Any

person, firm, copartnership, corporation, or association, may be

compelled to appear and depose and to produce documentary evidence

in the same manner as witnesses may be compelled to appear and

testify and produce documentary evidence before the commission, as

hereinbefore provided.

(e) Fees and mileage of witnesses

Witnesses summoned before the commission shall be paid the same

fees and mileage that are paid witnesses in the courts of the

United States, and witnesses whose depositions are taken and the

persons taking the same, except employees of the commission, shall

severally be entitled to the same fees and mileage as are paid for

like services in the courts of the United States.

(f) Statements under oath

The commission is authorized, in order to ascertain any facts

required by subdivision (d) of section 1332 of this title to

require any importer and any American grower, producer,

manufacturer, or seller to file with the commission a statement,

under oath, giving his selling prices in the United States of any

article imported, grown, produced, fabricated, manipulated, or

manufactured by him.

(g) Representation in court proceedings

The Commission shall be represented in all judicial proceedings

by attorneys who are employees of the Commission or, at the request

of the Commission, by the Attorney General of the United States.

(h) Administrative protective orders

Any correspondence, private letters of reprimand, and other

documents and files relating to violations or possible violations

of administrative protective orders issued by the Commission in

connection with investigations or other proceedings under this

subtitle shall be treated as information described in section

552(b)(3) of title 5.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 333, 46 Stat. 699; June

25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec.

32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;

Pub. L. 85-686, Sec. 9(a), (b), Aug. 20, 1958, 72 Stat. 679; Pub.

L. 91-452, title II, Sec. 229, Oct. 15, 1970, 84 Stat. 930; Pub. L.

93-618, title I, Sec. 174, Jan. 3, 1975, 88 Stat. 2011; Pub. L.

101-382, title I, Sec. 135(a), Aug. 20, 1990, 104 Stat. 651.)

-COD-

CODIFICATION

As originally enacted subsec. (b) contained a reference to the

Supreme Court of the District of Columbia. Act June 25, 1936,

substituted ''the district court of the United States for the

District of Columbia'' for ''the Supreme Court of the District of

Columbia'', and act June 25, 1948, as amended by act May 24, 1949,

substituted ''United States District Court for the District of

Columbia'' for ''district court of the United States for the

District of Columbia''. However, the words ''United States District

Court for the District of Columbia'' have been deleted entirely as

superfluous in view of section 132(a) of Title 28, Judiciary and

Judicial Procedure, which states that ''There shall be in each

judicial district a district court which shall be a court of record

known as the United States District Court for the district'', and

section 88 of Title 28 which states that ''the District of Columbia

constitutes one judicial district''.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 8, 1916, ch. 463, Sec. 706, 39 Stat. 797, as amended by act

Sept. 21, 1922, ch. 356, title III, Sec. 318(f), 42 Stat. 947.

These acts were superseded by section 333 of act June 17, 1930,

comprising this section, and section 318(f) of the 1922 act was

repealed by section 651(a)(1) of the 1930 act.

AMENDMENTS

1990 - Subsec. (h). Pub. L. 101-382 added subsec. (h).

1975 - Subsec. (c). Pub. L. 93-618, Sec. 174(1), substituted ''At

the request of'' for ''Upon application of the Attorney General of

the United States, at the request of''.

Subsec. (g). Pub. L. 93-618, Sec. 174(2), added subsec. (g).

1970 - Subsec. (e). Pub. L. 91-452 struck out provisions relating

to the immunity from prosecution of any natural person compelled to

testify or produce evidence in obedience to the subpoena of the

commission.

1958 - Subsec. (a). Pub. L. 85-686, Sec. 9(a), substituted ''For

the purposes of carrying out its functions and duties in connection

with any investigation authorized by law'' for ''For the purposes

of carrying Part II of this subtitle into effect'', inserted

provisions empowering the commission to require any person, firm,

copartnership, corporation, or association to furnish in writing,

in such detail and in such form as the commission may prescribe,

information in their possession pertaining to an investigation.

Subsec. (d). Pub. L. 85-686, Sec. 9(b), substituted ''pending

before the commission'' for ''pending under Part II of this

subtitle''.

EFFECTIVE DATE OF 1970 AMENDMENT

Amendment by Pub. L. 91-452 effective on sixtieth day following

Oct. 15, 1970, and not to affect any immunity to which any

individual is entitled under this section by reason of any

testimony given before sixtieth day following Oct. 15, 1970, see

section 260 of Pub. L. 91-452, set out as an Effective Date;

Savings Provision note under section 6001 of Title 18, Crimes and

Criminal Procedure.

-CITE-

19 USC Sec. 1334 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1334. Cooperation with other agencies

-STATUTE-

The commission shall in appropriate matters act in conjunction

and cooperation with the Treasury Department, the Department of

Commerce, the Federal Trade Commission, or any other departments,

or independent establishments of the Government, and such

departments and independent establishments of the Government shall

cooperate fully with the commission for the purposes of aiding and

assisting in its work, and, when directed by the President, shall

furnish to the commission, on its request, all records, papers, and

information in their possession relating to any of the subjects of

investigation by the commission and shall detail, from time to

time, such officials and employees to said commission as he may

direct.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 334, 46 Stat. 700.)

-MISC1-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 8, 1916, ch. 463, Sec. 707, 39 Stat. 797. That section was

superseded by section 334 of act June 17, 1930, comprising this

section.

-TRANS-

TRANSFER OF FUNCTIONS

Executive and administrative functions of Federal Trade

Commission transferred, with certain reservations, to Chairman of

such Commission by Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24,

1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title

5, Government Organization and Employees.

-CITE-

19 USC Sec. 1335 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1335. Rules and regulations

-STATUTE-

The commission is authorized to adopt such reasonable procedures

and rules and regulations as it deems necessary to carry out its

functions and duties.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 335, as added Aug. 20,

1958, Pub. L. 85-686, Sec. 9(c)(2), 72 Stat. 680.)

-MISC1-

PRIOR PROVISIONS

A prior section 335 of act June 17, 1930, related to disclosure

of trade secrets and prescribed penalty therefor, prior to repeal

by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept.

1, 1948. See section 1905 of Title 18, Crimes and Criminal

Procedure.

-CITE-

19 USC Sec. 1336 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1336. Equalization of costs of production

-STATUTE-

(a) Change of classification or duties

In order to put into force and effect the policy of Congress by

this chapter intended, the commission (1) upon request of the

President, or (2) upon resolution of either or both Houses of

Congress, or (3) upon its own motion, or (4) when in the judgment

of the commission there is good and sufficient reason therefor,

upon application of any interested party, shall investigate the

differences in the costs of production of any domestic article and

of any like or similar foreign article. In the course of the

investigation the commission shall hold hearings and give

reasonable public notice thereof, and shall afford reasonable

opportunity for parties interested to be present, to produce

evidence, and to be heard at such hearings. The commission shall

report to the President the results of the investigation and its

findings with respect to such differences in costs of production.

If the commission finds it shown by the investigation that the

duties expressly fixed by statute do not equalize the differences

in the costs of production of the domestic article and the like or

similar foreign article when produced in the principal competing

country, the commission shall specify in its report such increases

or decreases in rates of duty expressly fixed by statute (including

any necessary change in classification) as it finds shown by the

investigation to be necessary to equalize such differences. In no

case shall the total increase or decrease of such rates of duty

exceed 50 per centum of the rates expressly fixed by statute.

(b) Repealed. Pub. L. 96-39, title II, Sec. 202(a)(2)(A), July 26,

1979, 93 Stat. 202

The President shall by proclamation approve the rates of duty and

changes in classification specified in any report of the commission

under this section, if in his judgment such rates of duty and

changes are shown by such investigation of the commission to be

necessary to equalize such differences in costs of production.

(d) Effective date of rates and changes

Commencing thirty days after the date of any presidential

proclamation of approval the increased or decreased rates of duty

and changes in classification specified in the report of the

commission shall take effect.

(e) Ascertainment of differences in costs of production

In ascertaining under this section the differences in costs of

production, the commission shall take into consideration, in so far

as it finds it practicable:

(1) In the case of a domestic article

(A) The cost of production as hereinafter in this section

defined; (B) transportation costs and other costs incident to

delivery to the principal market or markets of the United States

for the article; and (C) other relevant factors that constitute

an advantage or disadvantage in competition.

(2) In the case of a foreign article

(A) The cost of production as hereinafter in this section

defined, or, if the commission finds that such cost is not

readily ascertainable, the commission may accept as evidence

thereof, or as supplemental thereto, the weighted average of the

invoice prices or values for a representative period and/or the

average wholesale selling price for a representative period

(which price shall be that at which the article is freely offered

for sale to all purchasers in the principal market or markets of

the principal competing country or countries in the ordinary

course of trade and in the usual wholesale quantities in such

market or markets); (B) transportation costs and other costs

incident to delivery to the principal market or markets of the

United States for the article; (C) other relevant factors that

constitute an advantage or disadvantage in competition, including

advantages granted to the foreign producers by a government,

person, partnership, corporation, or association in a foreign

country.

(f) Modification of changes in duty

Any increased or decreased rate of duty or change in

classification which has taken effect as above provided may be

modified or terminated in the same manner and subject to the same

conditions and limitations (including time of taking effect) as is

provided in this section in the case of original increases,

decreases, or changes.

(g) Prohibition against transfers from the free list to the

dutiable list or from the dutiable list to the free list

Nothing in this section shall be construed to authorize a

transfer of an article from the dutiable list to the free list or

from the free list to the dutiable list, nor a change in form of

duty. Whenever it is provided in any paragraph of Subtitle I of

this chapter, or in any amendatory act, that the duty or duties

shall not exceed a specified ad valorem rate upon the articles

provided for in such paragraph, no rate determined under the

provisions of this section upon such articles shall exceed the

maximum ad valorem rate so specified.

(h) Definitions

For the purpose of this section -

(1) The term ''domestic article'' means an article wholly or in

part the growth or product of the United States; and the term

''foreign article'' means an article wholly or in part the growth

or product of a foreign country.

(2) The term ''United States'' includes the several States and

Territories and the District of Columbia.

(3) The term ''foreign country'' means any empire, country,

dominion, colony, or protectorate, or any subdivision or

subdivisions thereof (other than the United States and its

possessions).

(4) The term ''cost of production'', when applied with respect

to either a domestic article or a foreign article, includes, for

a period which is representative of conditions in production of

the article: (A) The price or cost of materials, labor costs, and

other direct charges incurred in the production of the article

and in the processes or methods employed in its production; (B)

the usual general expenses, including charges for depreciation or

depletion which are representative of the equipment and property

employed in the production of the article and charges for rent or

interest which are representative of the cost of obtaining

capital or instruments of production; and (C) the cost of

containers and coverings of whatever nature, and other costs,

charges, and expenses incident to placing the article in

condition packed ready for delivery.

(i) Rules and regulations of President

The President is authorized to make all needful rules and

regulations for carrying out his functions under the provisions of

this section.

(j) Repealed. Pub. L. 96-39, title II, Sec. 202(a)(2)(D), July 26,

1979, 93 Stat. 202

(k) Investigations prior to June 17, 1930

All uncompleted investigations instituted prior to June 17, 1930,

under the provisions of sections 154 to 159 (FOOTNOTE 1) of this

title, including investigations in which the President has not

proclaimed changes in classification or increases or decreases in

rates of duty, shall be dismissed without prejudice; but the

information and evidence secured by the commission in any such

investigation may be given due consideration in any investigation

instituted under the provisions of this section.

(FOOTNOTE 1) See References in Text note below.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 336, 46 Stat. 701; Aug. 2,

1956, ch. 887, Sec. 2(d), 70 Stat. 946; Pub. L. 85-686, Sec.

9(c)(1), Aug. 20, 1958, 72 Stat. 679; Pub. L. 96-39, title II, Sec.

202(a)(2), July 26, 1979, 93 Stat. 202.)

-REFTEXT-

REFERENCES IN TEXT

Sections 154 to 159 of this title, referred to in subsec. (k),

were repealed by section 651(a)(1) of act June 17, 1930.

-MISC2-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title III, Sec. 315, 42 Stat. 941. That

section was superseded by section 336 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1979 - Subsec. (b). Pub. L. 96-39, Sec. 202(a)(2)(A), struck out

subsec. (b) which related to the setting of ad valorem rates based

upon the American selling price of domestic articles as would be

necessary to equalize differences in the costs of production.

Subsec. (c). Pub. L. 96-39, Sec. 202(a)(2)(B), substituted

''changes in classification specified in any report'' for ''changes

in classification and in basis of value specified in any report''.

Subsec. (d). Pub. L. 96-39, Sec. 202(a)(2)(C), substituted

''changes in classification specified in the report'' for ''changes

in classification or in basis of value specified in the report''.

Subsec. (f). Pub. L. 96-39, Sec. 202(a)(2)(C), substituted

''change in classification which has taken effect'' for ''change in

classification or in basis of value which has taken effect''.

Subsec. (j). Pub. L. 96-39, Sec. 202(a)(2)(D), struck out subsec.

(j) which authorized the Secretary of the Treasury to make

necessary rules and regulations for the entry and declaration of

foreign articles with respect to which a change in the basis of

value had been made.

Subsec. (k). Pub. L. 96-39, Sec. 202(a)(2)(C), substituted

''changes in classification or increases or decreases'' for

''changes in classification or in basis of value or increases or

decreases''.

1958 - Subsec. (a). Pub. L. 85-686 struck out provisions which

authorized the commission to adopt such reasonable procedure and

rules and regulations as it deemed necessary to execute its

functions under this section. See section 1335 of this title.

1956 - Subsec. (b). Act Aug. 2, 1956, struck out ''(as defined in

section 1402(g))'' after ''selling price''.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by Pub. L. 96-39 effective July 1, 1980, see section

204(a) of Pub. L. 96-39, set out as a note under section 1401a of

this title.

EFFECTIVE DATE OF 1956 AMENDMENT

Amendment by act Aug. 2, 1956, effective only as to articles

entered, or withdrawn from warehouse, for consumption on or after

thirtieth day following publication of the final list provided for

in section 6(a) of said act, set out in note under section 1402 of

this title, see section 8 of act Aug. 2, 1956, set out as an

Effective Date note under section 1401a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1352, 1484 of this title.

-CITE-

19 USC Sec. 1337 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1337. Unfair practices in import trade

-STATUTE-

(a) Unlawful activities; covered industries; definitions

(1) Subject to paragraph (2), the following are unlawful, and

when found by the Commission to exist shall be dealt with, in

addition to any other provision of law, as provided in this

section:

(A) Unfair methods of competition and unfair acts in the

importation of articles (other than articles provided for in

subparagraphs (B), (C), (D), and (E)) into the United States, or

in the sale of such articles by the owner, importer, or

consignee, the threat or effect of which is -

(i) to destroy or substantially injure an industry in the

United States;

(ii) to prevent the establishment of such an industry; or

(iii) to restrain or monopolize trade and commerce in the

United States.

(B) The importation into the United States, the sale for

importation, or the sale within the United States after

importation by the owner, importer, or consignee, of articles

that -

(i) infringe a valid and enforceable United States patent or

a valid and enforceable United States copyright registered

under title 17; or

(ii) are made, produced, processed, or mined under, or by

means of, a process covered by the claims of a valid and

enforceable United States patent.

importation, or the sale within the United States after

importation by the owner, importer, or consignee, of articles

that infringe a valid and enforceable United States trademark

registered under the Trademark Act of 1946 (15 U.S.C. 1051 et

seq.).

(D) The importation into the United States, the sale for

importation, or the sale within the United States after

importation by the owner, importer, or consignee, of a

semiconductor chip product in a manner that constitutes

infringement of a mask work registered under chapter 9 of title

17.

(E) The importation into the United States, the sale for

importation, or the sale within the United States after

importation by the owner, importer, or consigner, of an article

that constitutes infringement of the exclusive rights in a design

protected under chapter 13 of title 17.

(2) Subparagraphs (B), (C), and (D) of paragraph (1) apply only

if an industry in the United States, relating to the articles

protected by the patent, copyright, trademark, mask work, or design

concerned, exists or is in the process of being established.

(3) For purposes of paragraph (2), an industry in the United

States shall be considered to exist if there is in the United

States, with respect to the articles protected by the patent,

(A) significant investment in plant and equipment;

(B) significant employment of labor or capital; or

engineering, research and development, or licensing.

(4) For the purposes of this section, the phrase ''owner,

importer, or consignee'' includes any agent of the owner, importer,

or consignee.

(b) Investigation of violations by Commission

(1) The Commission shall investigate any alleged violation of

this section on complaint under oath or upon its initiative. Upon

commencing any such investigation, the Commission shall publish

notice thereof in the Federal Register. The Commission shall

conclude any such investigation and make its determination under

this section at the earliest practicable time after the date of

publication of notice of such investigation. To promote

expeditious adjudication, the Commission shall, within 45 days

after an investigation is initiated, establish a target date for

its final determination.

(2) During the course of each investigation under this section,

the Commission shall consult with, and seek advice and information

from, the Department of Health and Human Services, the Department

of Justice, the Federal Trade Commission, and such other

departments and agencies as it considers appropriate.

(3) Whenever, in the course of an investigation under this

section, the Commission has reason to believe, based on information

before it, that a matter, in whole or in part, may come within the

purview of part II of subtitle IV of this chapter, it shall

promptly notify the Secretary of Commerce so that such action may

be taken as is otherwise authorized by such part II. If the

Commission has reason to believe that the matter before it (A) is

based solely on alleged acts and effects which are within the

purview of section 1671 or 1673 of this title, or (B) relates to an

alleged copyright infringement with respect to which action is

prohibited by section 1008 of title 17, the Commission shall

terminate, or not institute, any investigation into the matter. If

the Commission has reason to believe the matter before it is based

in part on alleged acts and effects which are within the purview of

section 1671 or 1673 of this title, and in part on alleged acts and

effects which may, independently from or in conjunction with those

within the purview of such section, establish a basis for relief

under this section, then it may institute or continue an

investigation into the matter. If the Commission notifies the

Secretary or the administering authority (as defined in section

1677(1) of this title) with respect to a matter under this

paragraph, the Commission may suspend its investigation during the

time the matter is before the Secretary or administering authority

for final decision. Any final decision by the administering

authority under section 1671 or 1673 of this title with respect to

the matter within such section 1671 or 1673 of this title of which

the Commission has notified the Secretary or administering

authority shall be conclusive upon the Commission with respect to

the issue of less-than-fair-value sales or subsidization and the

matters necessary for such decision.

The Commission shall determine, with respect to each

investigation conducted by it under this section, whether or not

there is a violation of this section, except that the Commission

may, by issuing a consent order or on the basis of an agreement

between the private parties to the investigation, including an

agreement to present the matter for arbitration, terminate any such

investigation, in whole or in part, without making such a

determination. Each determination under subsection (d) or (e) of

this section shall be made on the record after notice and

opportunity for a hearing in conformity with the provisions of

subchapter II of chapter 5 of title 5. All legal and equitable

defenses may be presented in all cases. A respondent may raise any

counterclaim in a manner prescribed by the Commission. Immediately

after a counterclaim is received by the Commission, the respondent

raising such counterclaim shall file a notice of removal with a

United States district court in which venue for any of the

counterclaims raised by the party would exist under section 1391 of

title 28. Any counterclaim raised pursuant to this section shall

relate back to the date of the original complaint in the proceeding

before the Commission. Action on such counterclaim shall not delay

or affect the proceeding under this section, including the legal

and equitable defenses that may be raised under this subsection.

Any person adversely affected by a final determination of the

Commission under subsection (d), (e), (f), or (g) of this section

may appeal such determination, within 60 days after the

determination becomes final, to the United States Court of Appeals

for the Federal Circuit for review in accordance with chapter 7 of

title 5. Notwithstanding the foregoing provisions of this

subsection, Commission determinations under subsections (d), (e),

(f), and (g) of this section with respect to its findings on the

public health and welfare, competitive conditions in the United

States economy, the production of like or directly competitive

articles in the United States, and United States consumers, the

amount and nature of bond, or the appropriate remedy shall be

reviewable in accordance with section 706 of title 5.

Determinations by the Commission under subsections (e), (f), and

(j) of this section with respect to forfeiture of bonds and under

subsection (h) of this section with respect to the imposition of

sanctions for abuse of discovery or abuse of process shall also be

reviewable in accordance with section 706 of title 5.

(d) Exclusion of articles from entry

(1) If the Commission determines, as a result of an investigation

under this section, that there is a violation of this section, it

shall direct that the articles concerned, imported by any person

violating the provision of this section, be excluded from entry

into the United States, unless, after considering the effect of

such exclusion upon the public health and welfare, competitive

conditions in the United States economy, the production of like or

directly competitive articles in the United States, and United

States consumers, it finds that such articles should not be

excluded from entry. The Commission shall notify the Secretary of

the Treasury of its action under this subsection directing such

exclusion from entry, and upon receipt of such notice, the

Secretary shall, through the proper officers, refuse such entry.

(2) The authority of the Commission to order an exclusion from

entry of articles shall be limited to persons determined by the

Commission to be violating this section unless the Commission

determines that -

(A) a general exclusion from entry of articles is necessary to

prevent circumvention of an exclusion order limited to products

of named persons; or

(B) there is a pattern of violation of this section and it is

difficult to identify the source of infringing products.

(e) Exclusion of articles from entry during investigation except

under bond; procedures applicable; preliminary relief

(1) If, during the course of an investigation under this section,

the Commission determines that there is reason to believe that

there is a violation of this section, it may direct that the

articles concerned, imported by any person with respect to whom

there is reason to believe that such person is violating this

section, be excluded from entry into the United States, unless,

after considering the effect of such exclusion upon the public

health and welfare, competitive conditions in the United States

economy, the production of like or directly competitive articles in

the United States, and United States consumers, it finds that such

articles should not be excluded from entry. The Commission shall

notify the Secretary of the Treasury of its action under this

subsection directing such exclusion from entry, and upon receipt of

such notice, the Secretary shall, through the proper officers,

refuse such entry, except that such articles shall be entitled to

entry under bond prescribed by the Secretary in an amount

determined by the Commission to be sufficient to protect the

complainant from any injury. If the Commission later determines

that the respondent has violated the provisions of this section,

the bond may be forfeited to the complainant.

(2) A complainant may petition the Commission for the issuance of

an order under this subsection. The Commission shall make a

determination with regard to such petition by no later than the

90th day after the date on which the Commission's notice of

investigation is published in the Federal Register. The Commission

may extend the 90-day period for an additional 60 days in a case it

designates as a more complicated case. The Commission shall

publish in the Federal Register its reasons why it designated the

case as being more complicated. The Commission may require the

complainant to post a bond as a prerequisite to the issuance of an

order under this subsection. If the Commission later determines

that the respondent has not violated the provisions of this

section, the bond may be forfeited to the respondent.

(3) The Commission may grant preliminary relief under this

subsection or subsection (f) of this section to the same extent as

preliminary injunctions and temporary restraining orders may be

granted under the Federal Rules of Civil Procedure.

(4) The Commission shall prescribe the terms and conditions under

which bonds may be forfeited under paragraphs (1) and (2).

(f) Cease and desist orders; civil penalty for violation of orders

(1) In addition to, or in lieu of, taking action under subsection

(d) or (e) of this section, the Commission may issue and cause to

be served on any person violating this section, or believed to be

violating this section, as the case may be, an order directing such

person to cease and desist from engaging in the unfair methods or

acts involved, unless after considering the effect of such order

upon the public health and welfare, competitive conditions in the

United States economy, the production of like or directly

competitive articles in the United States, and United States

consumers, it finds that such order should not be issued. The

Commission may at any time, upon such notice and in such manner as

it deems proper, modify or revoke any such order, and, in the case

of a revocation, may take action under subsection (d) or (e) of

this section, as the case may be. If a temporary cease and desist

order is issued in addition to, or in lieu of, an exclusion order

under subsection (e) of this section, the Commission may require

the complainant to post a bond, in an amount determined by the

Commission to be sufficient to protect the respondent from any

injury, as a prerequisite to the issuance of an order under this

subsection. If the Commission later determines that the respondent

has not violated the provisions of this section, the bond may be

forfeited to the respondent. The Commission shall prescribe the

terms and conditions under which the bonds may be forfeited under

this paragraph.

(2) Any person who violates an order issued by the Commission

under paragraph (1) after it has become final shall forfeit and pay

to the United States a civil penalty for each day on which an

importation of articles, or their sale, occurs in violation of the

order of not more than the greater of $100,000 or twice the

domestic value of the articles entered or sold on such day in

violation of the order. Such penalty shall accrue to the United

States and may be recovered for the United States in a civil action

brought by the Commission in the Federal District Court for the

District of Columbia or for the district in which the violation

occurs. In such actions, the United States district courts may

issue mandatory injunctions incorporating the relief sought by the

Commission as they deem appropriate in the enforcement of such

final orders of the Commission.

(g) Exclusion from entry or cease and desist order; conditions and

procedures applicable

(1) If -

(A) a complaint is filed against a person under this section;

(B) the complaint and a notice of investigation are served on

the person;

otherwise fails to appear to answer the complaint and notice;

(D) the person fails to show good cause why the person should

not be found in default; and

(E) the complainant seeks relief limited solely to that person;

the Commission shall presume the facts alleged in the complaint to

be true and shall, upon request, issue an exclusion from entry or a

cease and desist order, or both, limited to that person unless,

after considering the effect of such exclusion or order upon the

public health and welfare, competitive conditions in the United

States economy, the production of like or directly competitive

articles in the United States, and United States consumers, the

Commission finds that such exclusion or order should not be issued.

(2) In addition to the authority of the Commission to issue a

general exclusion from entry of articles when a respondent appears

to contest an investigation concerning a violation of the

provisions of this section, a general exclusion from entry of

articles, regardless of the source or importer of the articles, may

be issued if -

(A) no person appears to contest an investigation concerning a

violation of the provisions of this section,

(B) such a violation is established by substantial, reliable,

and probative evidence, and

met.

(h) Sanctions for abuse of discovery and abuse of process

The Commission may by rule prescribe sanctions for abuse of

discovery and abuse of process to the extent authorized by Rule 11

and Rule 37 of the Federal Rules of Civil Procedure.

(i) Forfeiture

(1) In addition to taking action under subsection (d) of this

section, the Commission may issue an order providing that any

article imported in violation of the provisions of this section be

seized and forfeited to the United States if -

(A) the owner, importer, or consignee of the article previously

attempted to import the article into the United States;

(B) the article was previously denied entry into the United

States by reason of an order issued under subsection (d) of this

section; and

Treasury provided the owner, importer, or consignee of the

article written notice of -

(i) such order, and

(ii) the seizure and forfeiture that would result from any

further attempt to import the article into the United States.

(2) The Commission shall notify the Secretary of the Treasury of

any order issued under this subsection and, upon receipt of such

notice, the Secretary of the Treasury shall enforce such order in

accordance with the provisions of this section.

(3) Upon the attempted entry of articles subject to an order

issued under this subsection, the Secretary of the Treasury shall

immediately notify all ports of entry of the attempted importation

and shall identify the persons notified under paragraph (1)(C).

(4) The Secretary of the Treasury shall provide -

(A) the written notice described in paragraph (1)(C) to the

owner, importer, or consignee of any article that is denied entry

into the United States by reason of an order issued under

subsection (d) of this section; and

(B) a copy of such written notice to the Commission.

(j) Referral to President

(1) If the Commission determines that there is a violation of

this section, or that, for purposes of subsection (e) of this

section, there is reason to believe that there is such a violation,

it shall -

(A) publish such determination in the Federal Register, and

(B) transmit to the President a copy of such determination and

the action taken under subsection (d), (e), (f), (g), or (i) of

this section, with respect thereto, together with the record upon

which such determination is based.

(2) If, before the close of the 60-day period beginning on the

day after the day on which he receives a copy of such

determination, the President, for policy reasons, disapproves such

determination and notifies the Commission of his disapproval, then,

effective on the date of such notice, such determination and the

action taken under subsection (d), (e), (f), (g), or (i) of this

section with respect thereto shall have no force or effect.

(3) Subject to the provisions of paragraph (2), such

determination shall, except for purposes of subsection (c) of this

section, be effective upon publication thereof in the Federal

or (i) of this section, with respect thereto shall be effective as

provided in such subsections, except that articles directed to be

excluded from entry under subsection (d) of this section or subject

to a cease and desist order under subsection (f) of this section

shall, until such determination becomes final, be entitled to entry

under bond prescribed by the Secretary in an amount determined by

the Commission to be sufficient to protect the complainant from any

injury. If the determination becomes final, the bond may be

forfeited to the complainant. The Commission shall prescribe the

terms and conditions under which bonds may be forfeited under this

paragraph.

(4) If the President does not disapprove such determination

within such 60-day period, or if he notifies the Commission before

the close of such period that he approves such determination, then,

for purposes of paragraph (3) and subsection (c) of this section

such determination shall become final on the day after the close of

such period or the day on which the President notifies the

Commission of his approval, as the case may be.

(k) Period of effectiveness; termination of violation or

modification or rescission of exclusion or order

(1) Except as provided in subsections (f) and (j) of this

section, any exclusion from entry or order under this section shall

continue in effect until the Commission finds, and in the case of

exclusion from entry notifies the Secretary of the Treasury, that

the conditions which led to such exclusion from entry or order no

longer exist.

(2) If any person who has previously been found by the Commission

to be in violation of this section petitions the Commission for a

determination that the petitioner is no longer in violation of this

section or for a modification or rescission of an exclusion from

entry or order under subsection (d), (e), (f), (g), or (i) of this

section -

(A) the burden of proof in any proceeding before the Commission

regarding such petition shall be on the petitioner; and

(B) relief may be granted by the Commission with respect to

such petition -

(i) on the basis of new evidence or evidence that could not

have been presented at the prior proceeding, or

(ii) on grounds which would permit relief from a judgment or

order under the Federal Rules of Civil Procedure.

(l) Importation by or for United States

Any exclusion from entry or order under subsection (d), (e), (f),

(g), or (i) of this section, in cases based on a proceeding

involving a patent, copyright, mask work, or design under

subsection (a)(1) of this section, shall not apply to any articles

imported by and for the use of the United States, or imported for,

and to be used for, the United States with the authorization or

consent of the Government. Whenever any article would have been

excluded from entry or would not have been entered pursuant to the

provisions of such subsections but for the operation of this

subsection, an owner of the patent, copyright, mask work, or design

adversely affected shall be entitled to reasonable and entire

compensation in an action before the United States Court of Federal

Claims pursuant to the procedures of section 1498 of title 28.

(m) ''United States'' defined

For purposes of this section and sections 1338 and 1340 (FOOTNOTE

1) of this title, the term ''United States'' means the customs

territory of the United States as defined in general note 2 of the

Harmonized Tariff Schedule of the United States.

(FOOTNOTE 1) See References in Text note below.

(n) Disclosure of confidential information

(1) Information submitted to the Commission or exchanged among

the parties in connection with proceedings under this section which

is properly designated as confidential pursuant to Commission rules

may not be disclosed (except under a protective order issued under

regulations of the Commission which authorizes limited disclosure

of such information) to any person (other than a person described

in paragraph (2)) without the consent of the person submitting it.

(2) Notwithstanding the prohibition contained in paragraph (1),

information referred to in that paragraph may be disclosed to -

(A) an officer or employee of the Commission who is directly

concerned with -

(i) carrying out the investigation or related proceeding in

connection with which the information is submitted,

(ii) the administration of a bond posted pursuant to

subsection (e), (f), or (j) of this section,

(iii) the administration or enforcement of an exclusion order

issued pursuant to subsection (d), (e), or (g) of this section,

a cease and desist order issued pursuant to subsection (f) of

this section, or a consent order issued pursuant to subsection

(iv) proceedings for the modification or rescission of a

temporary or permanent order issued under subsection (d), (e),

(f), (g), or (i) of this section, or a consent order issued

under this section, or

(v) maintaining the administrative record of the

investigation or related proceeding,

(B) an officer or employee of the United States Government who

is directly involved in the review under subsection (j) of this

section, or

who is directly involved in administering an exclusion from entry

under subsection (d), (e), or (g) of this section resulting from

the investigation or related proceeding in connection with which

the information is submitted.

-SOURCE-

(June 17, 1930, ch. 497, title III, Sec. 337, 46 Stat. 703; Proc.

No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L.

85-686, Sec. 9(c)(1), Aug. 20, 1958, 72 Stat. 679; Pub. L. 93-618,

title III, Sec. 341(a), Jan. 3, 1975, 88 Stat. 2053; Pub. L. 96-39,

title I, Sec. 106(b)(1), title XI, Sec. 1105, July 26, 1979, 93

Stat. 193, 310; Pub. L. 96-417, title VI, Sec. 604, Oct. 10, 1980,

94 Stat. 1744; Pub. L. 97-164, title I, Sec. 160(a)(5), 163(a)(4),

Apr. 2, 1982, 96 Stat. 48, 49; Pub. L. 98-620, title IV, Sec. 413,

Nov. 8, 1984, 98 Stat. 3362; Pub. L. 100-418, title I, Sec.

1214(h)(3), 1342(a), (b), Aug. 23, 1988, 102 Stat. 1157, 1212,

1215; Pub. L. 100-647, title IX, Sec. 9001(a)(7), (12), Nov. 10,

1988, 102 Stat. 3807; Pub. L. 102-563, Sec. 3(d), Oct. 28, 1992,

106 Stat. 4248; Pub. L. 103-465, title II, Sec. 261(d)(1)(B)(ii),

title III, Sec. 321(a), Dec. 8, 1994, 108 Stat. 4909, 4943; Pub. L.

104-295, Sec. 20(b)(11), (12), (c)(2), Oct. 11, 1996, 110 Stat.

3527, 3528; Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title V,

Sec. 5005(b)), Nov. 29, 1999, 113 Stat. 1536, 1501A-594.)

-REFTEXT-

REFERENCES IN TEXT

The Trademark Act of 1946, referred to in subsec. (a)(1)(C), is

act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly

known as the Lanham Act, which is classified generally to chapter

22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For

complete classification of this Act to the Code, see Short Title

note set out under section 1051 of Title 15 and Tables.

The Federal Rules of Civil Procedure, referred to in subsecs.

(e)(3), (h), and (k)(2)(B)(ii), are set out in the Appendix to

Title 28, Judiciary and Judicial Procedure.

Section 1340 of this title, referred to in subsec. (m), was

omitted from the Code.

The Harmonized Tariff Schedule of the United States, referred to

in subsec. (m), is not set out in the Code. See Publication of

Harmonized Tariff Schedule note set out under section 1202 of this

title.

-COD-

CODIFICATION

The reference to the Philippine Islands, formerly contained in

subsec. (k), was omitted because of independence of the Philippines

proclaimed by the President of the United States in Proc. No. 2695,

issued pursuant to section 1394 of Title 22, Foreign Relations and

Intercourse, and set out as a note thereunder.

-MISC3-

PRIOR PROVISIONS

Provisions similar to those in this section were contained in act

Sept. 21, 1922, ch. 356, title III, Sec. 316, 42 Stat. 943. That

section was superseded by section 337 of act June 17, 1930,

comprising this section, and repealed by section 651(a)(1) of the

1930 act.

AMENDMENTS

1999 - Subsec. (a)(1)(A). Pub. L. 106-113, Sec. 1000(a)(9) (title

V, Sec. 5005(b)(1)(A)(i)), substituted ''(D), and (E)'' for ''and

(D)''.

Subsec. (a)(1)(E). Pub. L. 106-113, Sec. 1000(a)(9) (title V,

Sec. 5005(b)(1)(A)(ii)), added subpar. (E).

Subsec. (a)(2), (3). Pub. L. 106-113, Sec. 1000(a)(9) (title V,

Sec. 5005(b)(1)(B)), substituted ''mask work, or design'' for ''or

mask work''.

Subsec. (l). Pub. L. 106-113, Sec. 1000(a)(9) (title V, Sec.

5005(b)(2)), substituted ''mask work, or design'' for ''or mask

work'' in two places.

1996 - Subsec. (b)(3). Pub. L. 104-295, Sec. 20(c)(2), amended

Pub. L. 103-465, Sec. 321(a)(1)(C)(i). See 1994 Amendment note

below.

Pub. L. 104-295, Sec. 20(b)(12), struck out ''such section and''

before ''such part II'' in first sentence.

Pub. L. 104-295, Sec. 20(b)(11), amended Pub. L. 103-465, Sec.

261(d)(1)(B)(ii)(I). See 1994 Amendment note below.

1994 - Subsec. (b). Pub. L. 103-465, Sec. 321(a)(1)(A), struck

out ''; time limits'' after ''Commission'' in heading.

Subsec. (b)(1). Pub. L. 103-465, Sec. 321(a)(1)(B), substituted

third and fourth sentences for ''The Commission shall conclude any

such investigation, and make its determination under this section,

at the earliest practicable time, but not later than one year (18

months in more complicated cases) after the date of publication of

notice of such investigation. The Commission shall publish in the

Federal Register its reasons for designating any investigation as a

more complicated investigation. For purposes of the one-year and

18-month periods prescribed by this subsection, there shall be

excluded any period of time during which such investigation is

suspended because of proceedings in a court or agency of the United

States involving similar questions concerning the subject matter of

such investigation.''

Subsec. (b)(3). Pub. L. 103-465, Sec. 321(a)(1)(C)(ii), struck

out after fourth sentence ''For purposes of computing the 1-year or

18-month periods prescribed by this subsection, there shall be

excluded such period of suspension.''

Pub. L. 103-465, Sec. 321(a)(1)(C)(i), as amended by Pub. L.

104-295, Sec. 20(c)(2), in first sentence, made technical amendment

to reference in original act which appears in text as reference to

''such part II''.

Pub. L. 103-465, Sec. 261(d)(1)(B)(ii)(II)-(V), in second

sentence, struck out ''1303,'' after ''purview of section'' and

comma after ''1671'' and made technical amendment to references to

sections 1671 and 1673 of this title to correct references to

corresponding sections of original act, in third sentence,

substituted ''1671'' for ''1303, 1671,'', and in last sentence,

struck out ''of the Secretary under section 1303 of this title or''

after ''Any final decision'' and substituted ''1671 or'' for

''1303, 1671, or''.

Pub. L. 103-465, Sec. 261(d)(1)(B)(ii)(I), as amended by Pub. L.

104-295, Sec. 20(b)(11), in first sentence, struck out reference to

section 1303 of this title after ''within the purview'' and made

technical amendment to reference to part II of subtitle IV of this

chapter by substituting in the original ''of subtitle B of title

VII of this Act'' for ''of section 303 or of subtitle B of title

VII of the Tariff Act of 1930''.

Subsec. (c). Pub. L. 103-465, Sec. 321(a)(2), in first sentence,

substituted ''an agreement between the private parties to the

investigation, including an agreement to present the matter for

arbitration'' for ''a settlement agreement'', inserted after third

sentence ''A respondent may raise any counterclaim in a manner

prescribed by the Commission. Immediately after a counterclaim is

received by the Commission, the respondent raising such

counterclaim shall file a notice of removal with a United States

district court in which venue for any of the counterclaims raised

by the party would exist under section 1391 of title 28. Any

counterclaim raised pursuant to this section shall relate back to

the date of the original complaint in the proceeding before the

Commission. Action on such counterclaim shall not delay or affect

the proceeding under this section, including the legal and

equitable defenses that may be raised under this subsection.'', and

inserted at end ''Determinations by the Commission under

subsections (e), (f), and (j) of this section with respect to

forfeiture of bonds and under subsection (h) of this section with

respect to the imposition of sanctions for abuse of discovery or

abuse of process shall also be reviewable in accordance with

section 706 of title 5.''

Subsec. (d). Pub. L. 103-465, Sec. 321(a)(5)(A), designated

existing provisions as par. (1), substituted ''there is a

violation'' for ''there is violation'' in first sentence, and added

par. (2).

Subsec. (e)(1). Pub. L. 103-465, Sec. 321(a)(3)(A), in last

sentence, substituted ''prescribed by the Secretary in an amount

determined by the Commission to be sufficient to protect the

complainant from any injury. If the Commission later determines

that the respondent has violated the provisions of this section,

the bond may be forfeited to the complainant.'' for ''determined by

the Commission and prescribed by the Secretary.''

Subsec. (e)(2). Pub. L. 103-465, Sec. 321(a)(3)(B), inserted at

end ''If the Commission later determines that the respondent has

not violated the provisions of this section, the bond may be

forfeited to the respondent.''

Subsec. (e)(4). Pub. L. 103-465, Sec. 321(a)(3)(C), added par.

(4).

Subsec. (f)(1). Pub. L. 103-465, Sec. 321(a)(4), inserted at end

''If a temporary cease and desist order is issued in addition to,

or in lieu of, an exclusion order under subsection (e) of this

section, the Commission may require the complainant to post a bond,

in an amount determined by the Commission to be sufficient to

protect the respondent from any injury, as a prerequisite to the

issuance of an order under this subsection. If the Commission

later determines that the respondent has not violated the

provisions of this section, the bond may be forfeited to the

respondent. The Commission shall prescribe the terms and

conditions under which the bonds may be forfeited under this

paragraph.''

Subsec. (g)(2)(C). Pub. L. 103-465, Sec. 321(a)(5)(B), added

subpar. (C).

Subsec. (j)(3). Pub. L. 103-465, Sec. 321(a)(6), substituted

''shall, until such determination becomes final, be entitled to

entry under bond prescribed by the Secretary in an amount

determined by the Commission to be sufficient to protect the

complainant from any injury. If the determination becomes final,

the bond may be forfeited to the complainant. The Commission shall

prescribe the terms and conditions under which bonds may be

forfeited under this paragraph.'' for ''shall be entitled to entry

under bond determined by the Commission and prescribed by the

Secretary until such determination becomes final.''

Subsec. (l). Pub. L. 103-465, Sec. 321(a)(8), substituted ''Court

of Federal Claims'' for ''Claims Court''.

Subsec. (n)(2)(A). Pub. L. 103-465, Sec. 321(a)(7)(A), amended

subpar. (A) generally. Prior to amendment, subpar. (A) read as

follows: ''an officer or employee of the Commission who is directly

concerned with carrying out the investigation in connection with

which the information is submitted,''.

Subsec. (n)(2)(C). Pub. L. 103-465, Sec. 321(a)(7)(B), amended

subpar. (C) generally. Prior to amendment, subpar. (C) read as

follows: ''an officer or employee of the United States Customs

Service who is directly involved in administering an exclusion from

entry under this section resulting from the investigation in

connection with which the information is submitted.''

1992 - Subsec. (b)(3). Pub. L. 102-563 amended second sentence

generally. Prior to amendment, second sentence read as follows:

''If the Commission has reason to believe the matter before it is

based solely on alleged acts and effects which are within the

purview of section 1303, 1671, or 1673 of this title, it shall

terminate, or not institute, any investigation into the matter.''

1988 - Subsec. (a). Pub. L. 100-418, Sec. 1342(a)(1), amended

subsec. (a) generally. Prior to amendment, subsec. (a) read as

follows: ''Unfair methods of competition and unfair acts in the

importation of articles into the United States, or in their sale by

the owner, importer, consignee, or agent of either, the effect or

tendency of which is to destroy or substantially injure an

industry, efficiently and economically operated, in the United

States, or to prevent the establishment of such an industry, or to

restrain or monopolize trade and commerce in the United States, are

declared unlawful, and when found by the Commission to exist shall

be dealt with, in addition to any other provisions of law, as

provided in this section.''

Subsec. (b)(2). Pub. L. 100-418, Sec. 1342(b)(1)(A), substituted

''Department of Health and Human Services'' for ''Department of

Health, Education, and Welfare''.

Subsec. (b)(3). Pub. L. 100-418, Sec. 1342(b)(1)(B), substituted

''Secretary of Commerce'' for ''Secretary of the Treasury''.

Subsec. (c). Pub. L. 100-418, Sec. 1342(a)(2), inserted before

period at end of first sentence '', except that the Commission may,

by issuing a consent order or on the basis of a settlement

agreement, terminate any such investigation, in whole or in part,

without making such a determination''.

Pub. L. 100-418, Sec. 1342(b)(2), inserted reference to subsec.

(g) in two places.

Subsec. (e). Pub. L. 100-418, Sec. 1342(a)(3), designated

existing provisions as par. (1) and added pars. (2) and (3).

Subsec. (f)(1). Pub. L. 100-418, Sec. 1342(a)(4)(A), substituted

''In addition to, or in lieu of,'' for ''In lieu of''.

Subsec. (f)(2). Pub. L. 100-418, Sec. 1342(a)(4)(B), substituted

''$100,000 or twice'' for ''$10,000 or''.

Subsecs. (g) to (i). Pub. L. 100-418, Sec. 1342(a)(5), added

subsecs. (g) to (i). Former subsecs. (g) to (i) redesignated (j) to

(l), respectively.

Subsec. (j). Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated

former subsec. (g) as (j). Former subsec. (j) redesignated (m).

Subsec. (j)(1)(B), (2), (3). Pub. L. 100-418, Sec. 1342(b)(3),

inserted reference to subsecs. (g) and (i).

Subsec. (k). Pub. L. 100-418, Sec. 1342(b)(4), which directed the

substitution ''(j)'' for ''(g)'' was executed by making that

substitution in par. (1) and not in par. (2), as added by Pub. L.

100-418, Sec. 1342(a)(6), to reflect the probable intent of

Congress.

Pub. L. 100-418, Sec. 1342(a)(6), as amended by Pub. L. 100-647,

Sec. 9001(a)(7), designated existing provisions as par. (1) and

added par. (2).

Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated former subsec.

(h) as (k).

Subsec. (l). Pub. L. 100-418, Sec. 1342(b)(5), inserted reference

to subsecs. (g) and (i).

Pub. L. 100-418, Sec. 1342(a)(7), substituted ''a proceeding

involving a patent, copyright, or mask work under subsection

(a)(1)'' for ''claims of United States letters patent'' and ''an

owner of the patent, copyright, or mask work'' for ''a patent

owner''.

Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated former subsec.

(i) as (l).

Subsec. (m). Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated

former subsec. (j) as (m).

Pub. L. 100-418, Sec. 1214(h)(3), substituted ''general note 2 of

the Harmonized Tariff Schedule of the United States'' for ''general

headnote 2 of the Tariff Schedules of the United States''.

Subsec. (n). Pub. L. 100-418, Sec. 1342(a)(8), added subsec. (n).

Subsec. (n)(2)(B). Pub. L. 100-647, Sec. 9001(a)(12), substituted

''subsection (j)'' for ''subsection (h)''.

1984 - Subsec. (c). Pub. L. 98-620 inserted '', within 60 days

after the determination becomes final,'' after ''appeal such

determination''.

1982 - Subsec. (c). Pub. L. 97-164, Sec. 163(a)(4), substituted

''Court of Appeals for the Federal Circuit'' for ''Court of Customs

and Patent Appeals''.

Subsec. (i). Pub. L. 97-164, Sec. 160(a)(5), substituted ''United

States Claims Court'' for ''Court of Claims''.

1980 - Subsec. (c). Pub. L. 96-417 provided that the appeal of

determinations to the United States Court of Customs and Patent

Appeals be reviewed in accordance with chapter 7 of title 5 and

substituted provision that review of findings concerning the public

health and welfare, competitive conditions in the United States

economy, the production of like or directly competitive articles in

the United States, and United States consumers, the amount and

nature of bond, or the appropriate remedy, be in accordance with

section 706 of title 5 for provision giving such court jurisdiction

to review determinations in same manner and subject to same

limitations and conditions as in case of appeals from decisions of

the United States Customs Court.

1979 - Subsec. (b)(3). Pub. L. 96-39, Sec. 1105(a), substituted

''a matter, in whole or in part,'' for ''the matter'' and inserted

provisions relating to matters based solely or in part on alleged

acts and effects within the purview of section 1303, 1671, or 1673

of this title.

Pub. L. 96-39, Sec. 106(b)(1), substituted ''part II of subtitle

IV of this chapter'' for ''the Antidumping Act, 1921''.

Subsec. (c). Pub. L. 96-39, Sec. 1105(c), substituted ''Any

person adversely affected by a final determination of the

Commission under subsection (d), (e), or (f) of this section'' for

''Any person adversely affected by a final determination of the

Commission under subsection (d) or (e) of this section''.

Subsec. (f). Pub. L. 96-39, Sec. 1105(b), designated existing

provisions as par. (1) and added par. (2).

1975 - Subsec. (a) Pub. L. 93-618 substituted ''Commission'' for

''President'' and ''as provided in this section'' for ''as

hereinafter provided''.

Subsec. (b). Pub. L. 93-618 designated existing provisions as

first sentence of par. (1), substituted ''The Commission shall

investigate any alleged violation of this section'' for ''To assist

the President in making any decisions under this section the

commission is authorized to investigate any alleged violation

hereof'' in first sentence of par. (1) as so designated, and added

remainder of par. (1) and pars. (2) and (3).

Subsec. (c). Pub. L. 93-618 substituted provisions covering

determinations by the Commission and appeals to the United States

Court of Customs and Patent Appeals for provisions covering all

aspects of hearings and review as part of investigations of unfair

practices in import trade.

Subsec. (d). Pub. L. 93-618 substituted provisions covering the

exclusion of articles from entry, formerly covered in subsec. (e),

for provisions directing that final findings of the Commission be

transmitted with the record to the President, covered by subsec.

(g).

Subsec. (e). Pub. L. 93-618 substituted provisions covering the

entry of articles under bond during investigation, formerly covered

in subsec. (f), for provisions covering the exclusion of articles

from entry, covered by subsec. (d).

Subsec. (f). Pub. L. 93-618 added subsec. (f). Provisions of

former subsec. (f) covering entry of articles under bond are

covered by subsec. (e).

Subsec. (g). Pub. L. 93-618 substituted provisions covering

referral to the President, formerly covered by subsec. (d), for

provisions covering the continuance of exclusion, covered by

subsec. (h).

Subsec. (h). Pub. L. 93-618 substituted provisions covering the

period of effectiveness, formerly covered by subsec. (g), for

provisions defining ''United States'', covered by subsec. (j).

Subsec. (i). Pub. L. 93-618 added subsec. (i).

Subsec. (j). Pub. L. 93-618 added subsec. (j) defining ''United

States'', formerly covered by subsec. (h).

1958 - Subsec. (c). Pub. L. 85-686 struck out ''under and in

accordance with such rules as it may promulgate'' after

''commission shall make such investigation''. See section 1335 of

this title.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by section 261(d)(1)(B)(ii) of Pub. L. 103-465

effective on effective date of title II of Pub. L. 103-465, Jan. 1,

1995, see section 261(d)(2) of Pub. L. 103-465, set out as a note

under section 1315 of this title.

Section 322 of title III of Pub. L. 103-465 provided that: ''The

amendments made by this subtitle (subtitle C (Sec. 321, 322) of

title III of Pub. L. 103-465, enacting sections 1368 and 1659 of

Title 28, Judiciary and Judicial Procedure, and amending this

section and section 1446 of Title 28) apply -

''(1) with respect to complaints filed under section 337 of the

Tariff Act of 1930 (19 U.S.C. 1337) on or after the date on which

the WTO Agreement enters into force with respect to the United

States (Jan. 1, 1995), or

''(2) in cases under such section 337 in which no complaint is

filed, with respect to investigations initiated under such

section on or after such date.''

EFFECTIVE DATE OF 1988 AMENDMENTS

Amendment by Pub. L. 100-647 applicable as if such amendment took

effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,

set out as an Effective and Termination Dates of 1988 Amendments

note under section 58c of this title.

Amendment by section 1214(h)(3) of Pub. L. 100-418 effective Jan.

1, 1989, and applicable with respect to articles entered on or

after such date, see section 1217(b)(1) of Pub. L. 100-418, set out

as an Effective Date note under section 3001 of this title.

Section 1342(d) of Pub. L. 100-418 provided that:

''(1)(A) Subject to subparagraph (B), the amendments made by this

section (amending this section and repealing section 1337a of this

title) shall take effect on the date of the enactment of this Act

(Aug. 23, 1988).

''(B) The United States International Trade Commission is not

required to apply the provision in section 337(e)(2) of the Tariff

Act of 1930 (19 U.S.C. 1337(e)(2)) (as amended by subsection (a)(3)

of this section) relating to the posting of bonds until the earlier

of -

''(i) the 90th day after such date of enactment; or

''(ii) the day on which the Commission issues interim

regulations setting forth the procedures relating to such

posting.

''(2) Notwithstanding any provision of section 337 of the Tariff

Act of 1930, the United States International Trade Commission may

extend, by not more than 90 days, the period within which the

Commission is required to make a determination in an investigation

conducted under such section 337 if -

''(A) the Commission would, but for this paragraph, be required

to make such determination before the 180th day after the date of

enactment of this Act; and

''(B) the Commission finds that the investigation is

complicated.''

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section

402 of Pub. L. 97-164, set out as a note under section 171 of Title

28, Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-417 applicable with respect to civil

actions commenced on or after Nov. 1, 1980, see section 701(b)(2)

of Pub. L. 96-417, set out as a note under section 251 of Title 28,

Judiciary and Judicial Procedure.

EFFECTIVE DATE OF 1979 AMENDMENT

Amendment by section 106(b)(1) of Pub. L. 96-39 effective Jan. 1,

1980, see section 107 of Pub. L. 96-39, set out as an Effective

Date note under section 1671 of this title.

Amendment by section 1105 of Pub. L. 96-39 effective July 26,

1979, see section 1114 of Pub. L. 96-39, set out as an Effective

Date note under section 2581 of this title.

EFFECTIVE DATE OF 1975 AMENDMENT

Section 341(c) of Pub. L. 93-618 provided that: ''The amendments

made by this section (amending this section and section 1337 of

this title) shall take effect on the 90th day after the date of the

enactment of this Act (Jan. 3, 1975), except that, for purposes of

issuing regulations under section 337 of the Tariff Act of 1930

(this section), such amendments shall take effect on the date of

the enactment of this Act (Jan. 3, 1975). For purposes of applying

section 337(b) of the Tariff Act of 1930 (subsec. (b) of this

section) (as amended by subsection (a) (as amended by section

341(a) of Pub. L. 93-618)) with respect to investigations being

conducted by the International Trade Commission under section 337

of the Tariff Act (this section) on the day prior to the 90th day

after the date of the enactment of this Act (Jan. 3, 1975), such

investigations shall be considered as having been commenced on such

90th day.''

-TRANS-

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.

-MISC5-

CONGRESSIONAL FINDINGS AND PURPOSES RESPECTING PART 3 OF PUB. L.

100-418

Section 1341 of Pub. L. 100-418 provided that:

''(a) Findings. - The Congress finds that -

''(1) United States persons that rely on protection of

intellectual property rights are among the most advanced and

competitive in the world; and

''(2) the existing protection under section 337 of the Tariff

Act of 1930 (this section) against unfair trade practices is

cumbersome and costly and has not provided United States owners

of intellectual property rights with adequate protection against

foreign companies violating such rights.

''(b) Purpose. - The purpose of this part (part 3 (Sec. 1341,

1342) of subtitle C of title I of Pub. L. 100-418, amending this

section, repealing section 1337a of this title, and enacting

provisions set out as a note above) is to amend section 337 of the

Tariff Act of 1930 to make it a more effective remedy for the

protection of United States intellectual property rights.''

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1332, 1339, 1514, 2171,

2252 of this title; title 6 section 215; title 17 sections 910,

1328; title 28 sections 1295, 1368, 1446, 1659.

-CITE-

19 USC Sec. 1337a 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1337a. Repealed. Pub. L. 100-418, title I, Sec. 1342(c), Aug.

23, 1988, 102 Stat. 1215

-MISC1-

Section, act July 2, 1940, ch. 515, 54 Stat. 724, related to

importation of products produced under process covered by claims of

unexpired patent.

EFFECTIVE DATE OF REPEAL

Repeal effective Aug. 23, 1988, see section 1342(d) of Pub. L.

100-418, set out as an Effective Date of 1988 Amendment note under

section 1337 of this title.

-CITE-

19 USC Sec. 1338 01/06/03

-EXPCITE-

TITLE 19 - CUSTOMS DUTIES

CHAPTER 4 - TARIFF ACT OF 1930

SUBTITLE II - SPECIAL PROVISIONS

Part II - United States International Trade Commission

-HEAD-

Sec. 1338. Discrimination by foreign countries

-STATUTE-

(a) Additional duties

The President when he finds that the public interest will be

served shall by proclamation specify and declare new or additional

duties as hereinafter provided upon articles wholly or in part the

growth or product of, or imported in a vessel of, any foreign

country whenever he shall find as a fact that such country -

(1) Imposes, directly or indirectly, upon the disposition in or

transportation in transit through or reexportation from such

country of any article wholly or in part the growth or product of

the United States any unreasonable charge, exaction, regulation,

or limitation which is not equally enforced upon the like

articles of every foreign country; or

(2) Discriminates in fact against the commerce of the United

States, directly or indirectly, by law or administrative

regulation or practice, by or in respect to any customs, tonnage,

or port duty, fee, charge, exaction, classification, regulation,

condition, restriction, or prohibition, in such manner as to

place the commerce of the United States at a disadvantage

compared with the commerce of any foreign country.

(b) Exclusion from importation

If at any time the President shall find it to be a fact that any

foreign country has not only discriminated against the commerce of

the United States, as aforesaid, but has, after the issuance of a

proclamation as authorized in subdivision (a) of this section,

maintained or increased its said discriminations against the

commerce of the United States, the President is authorized, if he

deems it consistent with the interests of the United States, to

issue a further proclamation directing that such products of said

country or such articles imported in its vessels as he shall deem

consistent with the public interests shall be excluded from

importation into the United States.

Any proclamation issued by the President under the authority of

this section shall, if he deems it consistent with the interests of

the United States, extend to the whole of any foreign country or

may be confined to any subdivision or subdivisions thereof; and the

President shall, whenever he deems the public interests require,

suspend, revoke, supplement, or amend any such proclamation.

(d) Duties to offset commercial disadvantages

Whenever the President shall find as a fact that any foreign

country places any burden or disadvantage upon the commerce of the

United States by any of the unequal impositions or discriminations

aforesaid, he shall, when he finds that the public interest will be

served thereby, by proclamation specify and declare such new or

additional rate or rates of duty as he shall determine will offset

such burden or disadvantage, not to exceed 50 per centum ad valorem

or its equivalent, on any products of, or on articles imported in a

vessel of, such foreign country; and thirty days after the date of

such proclamation there shall be levied, collected, and paid upon

the articles enumerated in such proclamation when imported into the

United States from such foreign country such new or additional rate

or rates of duty; or, in case of articles declared subject to

exclusion from importation into the United States under the

provisions of subdivision (b) of this section, such articles shall

be excluded from importation.

(e) Duties to offset benefits to third country

Whenever the President shall find as a fact that any foreign

country imposes any unequal imposition or discrimination as

aforesaid upon the commerce of the United States, or that any

benefits accrue or are likely to accrue to any industry in any

foreign country by reason of any such imposition or discrimination

imposed by any foreign country other than the foreign country in

which such industry is located, and whenever the President shall

determine that any new or additional rate or rates of duty or any

prohibition hereinbefore provided for do not effectively remove

such imposition or discrimination and that any benefits from any

such imposition or discrimination accrue or are likely to accrue to

any industry in any foreign country, he shall, when he finds that

the public interest will be served thereby, by proclamation specify

and declare such new or additional rate or rates of duty upon the

articles wholly or in part the growth or product of any such

industry as he shall determine will offset such benefits, not to

exceed 50 per centum ad valorem or its equivalent, upon importation

from any foreign country into the United States of such articles;

and on and after thirty days after the date of any such

proclamation such new or additional rate or rates of duty so

specified and declared in such proclamation shall be levied,

collected, and paid upon such articles.

(f) Forfeiture of articles

All articles imported contrary to the provisions of this section

shall be forfeited to the United States and shall be liable to be

seized, prosecuted, and condemned in like manner and under the same

regulations, restrictions, and provisions as may from time to time

be established for the recovery, collection, distribution, and

remission of forfeitures to the United States by the several

revenue laws. Whenever the provisions of this chapter shall be

applicable to importations into the United States of articles

wholly or in part the growth or product of any foreign country,

they shall be applicable thereto whether such articles are imported

directly or indirectly.

(g) Ascertainment by Commission of discriminations

It shall be the duty of the commission to ascertain and at all

times to be informed whether any of the discriminations against the

commerce of the United States enumerated in subdivisions (a), (b),

and (e) of this section are practiced by any country; and if and

when such discriminatory acts are disclosed, it shall be the duty

of the commission to bring the matter to the attention of the

President, together with recommendations.

(h) Rules and regulations of Secretary of the Treasury

The Secretary of the Treasury with the approval of the President

shall make such rules and regulations as are necessary for the

execution of such proclamations as the President may issue in

accordance with the provisions of this section.

(i) ''Foreign country'' defined

When used in this section the term ''foreign country'' means any

empire, country, dominion, colony or protectorate, or any

subdivision or subdivisions thereof (other than the United States

and its possessions), within which separate tariff rates or

separate regulations of commerce are enforced.

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País:	Estados Unidos

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Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Custom duties

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