US Codex
U.S.C.
Notes

§2576b. Subpart definitions — Inbound Citations

19 U.S.C. § 2576b

Cited by 1017 provisions in release 119-102.

Citations to §2576b(2)

Citations to §2576b(3)

  • 19 U.S.C. § 1629(h)(3)
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    (3) The Secretary of Homeland Security, acting through the Commissioner and in consultation with the United States Trade Representative, shall work with the WCO to facilitate the efficient flow of international trade, taking into account existing international agreements and the negotiating objectives of the WTO. The Commissioner shall work to—
    (A) harmonize, to the extent practicable, import data collected by WCO members for customs purposes;
    (B) automate and harmonize, to the extent practicable, the collection and storage of commercial data by WCO members;
    (C) develop, to the extent practicable, transparent standards for the release of cargo by WCO members;
    (D) develop and harmonize, to the extent practicable, standards, technologies, and protocols for physical or nonintrusive examinations that will facilitate the efficient flow of international trade; and
    (E) ensure the protection of confidential commercial data.
  • 19 U.S.C. § 1677(5A)(D)
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    (D) In determining whether a subsidy (other than a subsidy described in subparagraph (B) or (C)) is a specific subsidy, in law or in fact, to an enterprise or industry within the jurisdiction of the authority providing the subsidy, the following guidelines shall apply:
    (i) Where the authority providing the subsidy, or the legislation pursuant to which the authority operates, expressly limits access to the subsidy to an enterprise or industry, the subsidy is specific as a matter of law.
    (ii) Where the authority providing the subsidy, or the legislation pursuant to which the authority operates, establishes objective criteria or conditions governing the eligibility for, and the amount of, a subsidy, the subsidy is not specific as a matter of law, if—
    (I) eligibility is automatic,
    (II) the criteria or conditions for eligibility are strictly followed, and
    (III) the criteria or conditions are clearly set forth in the relevant statute, regulation, or other official document so as to be capable of verification.
    For purposes of this clause, the term “objective criteria or conditions” means criteria or conditions that are neutral and that do not favor one enterprise or industry over another.
    (iii) Where there are reasons to believe that a subsidy may be specific as a matter of fact, the subsidy is specific if one or more of the following factors exist:
    (I) The actual recipients of the subsidy, whether considered on an enterprise or industry basis, are limited in number.
    (II) An enterprise or industry is a predominant user of the subsidy.
    (III) An enterprise or industry receives a disproportionately large amount of the subsidy.
    (IV) The manner in which the authority providing the subsidy has exercised discretion in the decision to grant the subsidy indicates that an enterprise or industry is favored over others.
    In evaluating the factors set forth in subclauses (I), (II), (III), and (IV), the administering authority shall take into account the extent of diversification of economic activities within the jurisdiction of the authority providing the subsidy, and the length of time during which the subsidy program has been in operation.
    (iv) Where a subsidy is limited to an enterprise or industry located within a designated geographical region within the jurisdiction of the authority providing the subsidy, the subsidy is specific.
  • 19 U.S.C. § 1677(5A)(D)(ii)
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    (ii) Where the authority providing the subsidy, or the legislation pursuant to which the authority operates, establishes objective criteria or conditions governing the eligibility for, and the amount of, a subsidy, the subsidy is not specific as a matter of law, if—
    (I) eligibility is automatic,
    (II) the criteria or conditions for eligibility are strictly followed, and
    (III) the criteria or conditions are clearly set forth in the relevant statute, regulation, or other official document so as to be capable of verification.
  • 19 U.S.C. § 1677(5B)(B)(ii)(I)
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    (I) The term “industrial research” means planned search or critical investigation aimed at the discovery of new knowledge, with the objective that such knowledge may be useful in developing new products, processes, or services, or in bringing about a significant improvement to existing products, processes, or services.
  • 19 U.S.C. § 1872(a)(2)(B)
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    (B) to assist the President, and advise the Trade Representative, with respect to the development and implementation of the international trade policy objectives of the United States; and
  • 19 U.S.C. § 1872(a)(2)(C)
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    (C) to advise the President and the Trade Representative with respect to the relationship between the international trade policy objectives of the United States and other major policy areas which may significantly affect the overall international trade policy and trade competitiveness of the United States.
  • 19 U.S.C. § 2015(a)
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    (a) No later than August 31, 1968, the President shall submit to the Senate and the House of Representatives a special report on the comprehensive review called for by Article IV(c) of the Agreement. In such report he shall advise the Congress of the progress made toward the achievement of the objectives of Article I of the Agreement.
  • 19 U.S.C. § 2113
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    The overall United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain more open and equitable market access and the harmonization, reduction, or elimination of devices which distort trade or commerce. To the maximum extent feasible, the harmonization, reduction, or elimination of agricultural trade barriers and distortions shall be undertaken in conjunction with the harmonization, reduction, or elimination of industrial trade barriers and distortions.
  • 19 U.S.C. § 2114(a)
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    (a) A principal United States negotiating objective under sections 2111 and 2112 of this title shall be to obtain, to the maximum extent feasible, with respect to appropriate product sectors of manufacturing, and with respect to the agricultural sector, competitive opportunities for United States exports to the developed countries of the world equivalent to the competitive opportunities afforded in United States markets to the importation of like or similar products, taking into account all barriers (including tariffs) to and other distortions of international trade affecting that sector.
  • 19 U.S.C. § 2114(b)
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    (b) As a means of achieving the negotiating objective set forth in subsection (a), to the extent consistent with the objective of maximizing overall economic benefit to the United States (through maintaining and enlarging foreign markets for products of United States agriculture, industry, mining, and commerce, through the development of fair and equitable market opportunities, and through open and nondiscriminatory world trade), negotiations shall, to the extent feasible be conducted on the basis of appropriate product sectors of manufacturing.
  • 19 U.S.C. § 2114(d)
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    (d) If the President determines that competitive opportunities in one or more product sectors will be significantly affected by a trade agreement concluded under section 2111 or 2112 of this title, he shall submit to the Congress with each such agreement an analysis of the extent to which the negotiating objective set forth in subsection (a) is achieved by such agreement in each product sector or product sectors.
  • 19 U.S.C. § 2114a(a)(1)
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    (1) Principal United States negotiating objectives under section 2112 of this title shall be—
    (A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and
    (B) to develop internationally agreed rules, including dispute settlement procedures, which—
    (i) are consistent with the commercial policies of the United States, and
    (ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services.
  • 19 U.S.C. § 2114a(a)(2)
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    (2) In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
  • 19 U.S.C. § 2114a(b)(1)
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    (1) Principal United States negotiating objectives under section 2112 of this title shall be—
    (A) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and
    (B) to develop internationally agreed rules, including dispute settlement procedures, which—
    (i) will help ensure a free flow of foreign direct investment, and
    (ii) will reduce or eliminate the trade distortive effects of certain investment related measures.
  • 19 U.S.C. § 2114a(b)(2)
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    (2) In pursuing the objectives described in paragraph (1), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the laws and regulations related thereto.
  • 19 U.S.C. § 2114a(c)
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    (c) Principal United States negotiating objectives shall be—
    (1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services;
    (2) to obtain the elimination or reduction of, or compensation for, the significantly distorting effects of foreign government acts, policies, or practices identified in section 2241 of this title, with particular consideration given to the nature and extent of foreign government intervention affecting United States exports of high technology products or investments in high technology industries, including—
    (A) foreign industrial policies which distort international trade or investment;
    (B) measures which deny national treatment or otherwise discriminate in favor of domestic high technology industries;
    (C) measures which fail to provide adequate and effective means for foreign nationals to secure, exercise, and enforce exclusive rights in intellectual property (including trademarks, patents, and copyrights);
    (D) measures which impair access to domestic markets for key commodity products; and
    (E) measures which facilitate or encourage anticompetitive market practices or structures;
    (3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services;
    (4) to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services;
    (5) to obtain commitments to foster national treatment;
    (6) to obtain commitments to—
    (A) foster the pursuit of joint scientific cooperation between companies, institutions or governmental entities of the United States and those of the trading partners of the United States in areas of mutual interest through such measures as financial participation and technical and personnel exchanges, and
    (B) ensure that access by all participants to the results of any such cooperative efforts should not be impaired; and
    (7) to provide effective minimum safeguards for the acquisition and enforcement of intellectual property rights and the property value of proprietary data.
  • 19 U.S.C. § 2114c(2)(A)(i)
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    (i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non-Federal governments, or their procurement of goods and services;
  • 19 U.S.C. § 2114e
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    The President may enter into such bilateral or multilateral agreements as may be necessary or appropriate to achieve the objectives of this section and the negotiating objectives under section 2114a(c) of this title.
  • 19 U.S.C. § 2115
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    If the President determines that bilateral trade agreements will more effectively promote the economic growth of, and full employment in, the United States, then, in such cases, a negotiating objective under sections 2111 and 2112 of this title shall be to enter into bilateral trade agreements. Each such trade agreement shall provide for mutually advantageous economic benefits.
  • 19 U.S.C. § 2116
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    A United States negotiating objective under sections 2111 and 2112 of this title shall be to enter into trade agreements which promote the economic growth of both developing countries and the United States and the mutual expansion of market opportunities.
  • 19 U.S.C. § 2117(a)
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    (a) A principal United States negotiating objective under section 2112 of this title shall be to obtain internationally agreed upon rules and procedures, in the context of the harmonization, reduction, or elimination of barriers to, and other distortions of, international trade, which permit the use of temporary measures to ease adjustment to changes occurring in competitive conditions in the domestic markets of the parties to an agreement resulting from such negotiations due to the expansion of international trade.
  • 19 U.S.C. § 2118(a)
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    (a) A principal United States negotiating objective under section 2112 of this title shall be to enter into trade agreements with foreign countries and instrumentalities to assure the United States of fair and equitable access at reasonable prices to supplies of articles of commerce which are important to the economic requirements of the United States and for which the United States does not have, or cannot easily develop, the necessary domestic productive capacity to supply its own requirements.
  • 19 U.S.C. § 2155(a)(1)
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    (1) The President shall seek information and advice from representative elements of the private sector and the non-Federal governmental sector with respect to—
    (A) negotiating objectives and bargaining positions before entering into a trade agreement under this subchapter or section 4202 of this title;
    (B) the operation of any trade agreement once entered into, including preparation for dispute settlement panel proceedings to which the United States is a party; and
    (C) other matters arising in connection with the development, implementation, and administration of the trade policy of the United States, including those matters referred to in Reorganization Plan Number 3 of 1979 and Executive Order Numbered 12188, and the priorities for actions thereunder.
    To the maximum extent feasible, such information and advice on negotiating objectives shall be sought and considered before the commencement of negotiations.
  • 19 U.S.C. § 2155(a)(1)(A)
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    (A) negotiating objectives and bargaining positions before entering into a trade agreement under this subchapter or section 4202 of this title;
  • 19 U.S.C. § 2155(a)(2)(A)
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    (A) The principal multilateral and bilateral trade negotiating objectives and the progress being made toward their achievement.
  • 19 U.S.C. § 2155(a)(2)(C)
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    (C) The actions taken under the trade laws of the United States and the effectiveness of such actions in achieving trade policy objectives.
  • 19 U.S.C. § 2155(a)(3)
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    (3) The President shall take the advice received through consultation under paragraph (2) into account in determining the importance which should be placed on each major objective and negotiating position that should be adopted in order to achieve the overall trade policy of the United States.
  • 19 U.S.C. § 2155(e)(2)
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    (2) The report of the Advisory Committee for Trade Policy and Negotiations and each appropriate policy advisory committee shall include an advisory opinion as to whether and to what extent the agreement promotes the economic interests of the United States and achieves the applicable overall and principal negotiating objectives set forth in section 4201 of this title, as appropriate.
  • 19 U.S.C. § 2155(f)(2)(A)
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    (A) the meetings of advisory committees established under subsections (b) and (c) of this section shall be exempt from the requirements of subsections (a) and (b) of sections 1009 and 1010 of title 5 (relating to open meetings, public notice, public participation, and public availability of documents), whenever and to the extent it is determined by the President or the President’s designee that such meetings will be concerned with matters the disclosure of which would seriously compromise the development by the United States Government of trade policy, priorities, negotiating objectives, or bargaining positions with respect to matters referred to in subsection (a) of this section, and that meetings may be called of such special task forces, plenary meetings of chairmen, or other such groups made up of members of the committees established under subsections (b) and (c) of this section; and
  • 19 U.S.C. § 2155(g)(3)
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    (3) Information submitted in confidence by officers or employees of the United States to the Advisory Committee for Trade Policy and Negotiations, or to any advisory committee established under subsection (c), may be disclosed in accordance with rules issued by the United States Trade Representative and the Secretaries of Commerce, Labor, Defense, Agriculture, or other executive departments, as appropriate, after consultation with the relevant advisory committees established under subsection (c). Such rules shall define the categories of information which require restricted or confidential handling by such committee considering the extent to which public disclosure of such information can reasonably be expected to prejudice the development of trade policy, priorities, or United States negotiating objectives. Such rules shall, to the maximum extent feasible, permit meaningful consultations by advisory committee members with persons affected by matters referred to in subsection (a).
  • 19 U.S.C. § 2155(i)(2)
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    (2) overall negotiating objectives and positions of the United States and other parties;
  • 19 U.S.C. § 2171(d)(1)(C)
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    (C) identify practices having a significant adverse impact on United States commerce that the attainment of United States negotiating objectives would eliminate; and
  • 19 U.S.C. § 2211(b)(1)
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    (1) The United States Trade Representative shall keep each official adviser designated under subsection (a)(1) currently informed on matters affecting the trade policy of the United States and, with respect to possible agreements, negotiating objectives, the status of negotiations in progress, and the nature of any changes in domestic law or the administration thereof which may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, such agreement.
  • 19 U.S.C. § 2211(c)(1)
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    (1) The principal multilateral and bilateral negotiating objectives and the progress being made toward their achievement.
  • 19 U.S.C. § 2211(c)(3)
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    (3) The actions taken, and proposed to be taken, under the trade laws of the United States and the effectiveness, or anticipated effectiveness, of such actions in achieving trade policy objectives.
  • 19 U.S.C. § 2213(a)(3)(A)(i)
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    (i) the trade policy objectives and priorities of the United States for the year, and the reasons therefor;
  • 19 U.S.C. § 2213(a)(3)(A)(ii)
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    (ii) the actions proposed, or anticipated, to be undertaken during the year to achieve such objectives and priorities, including, but not limited to, actions authorized under the trade laws and negotiations with foreign countries;
  • 19 U.S.C. § 2213(a)(3)(A)(iii)
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    (iii) any proposed legislation necessary or appropriate to achieve any of such objectives or priorities; and
  • 19 U.S.C. § 2213(a)(3)(A)(iv)
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    (iv) the progress that was made during the preceding year in achieving the trade policy objectives and priorities included in the statement provided for that year under this paragraph.
  • 19 U.S.C. § 2213(a)(3)(D)
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    (D) The United States Trade Representative (hereafter referred to in this section as the “Trade Representative”) and other appropriate officials of the United States Government shall consult periodically with the appropriate committees of the Congress regarding the annual objectives and priorities set forth in each national trade policy agenda with respect to—
    (i) the status and results of the actions that have been undertaken to achieve the objectives and priorities; and
    (ii) any development which may require, or result in, changes to any of such objectives or priorities.
  • 19 U.S.C. § 2213(a)(3)(D)(i)
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    (i) the status and results of the actions that have been undertaken to achieve the objectives and priorities; and
  • 19 U.S.C. § 2213(a)(3)(D)(ii)
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    (ii) any development which may require, or result in, changes to any of such objectives or priorities.
  • 19 U.S.C. § 2213(d)(1)
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    (1) Pursuant to the goals and objectives of the strategic plan of the Office of the United States Trade Representative as required under section 306 of title 5, the Trade Representative shall, every 4 years, develop a plan—
    (A) to analyze internal quality controls and record management of the Office;
    (B) to identify existing staff of the Office and new staff that will be necessary to support the trade negotiation and enforcement functions and powers of the Office (including those functions and powers of the Trade Policy Staff Committee) as described in section 2171 of this title and section 2411 of this title;
    (C) to identify existing staff of the Office and staff in other Federal agencies who will be required to be detailed or assigned to support interagency programs led by the Trade Representative, including any associated expenses;
    (D) to provide an outline of budget justifications, including salaries and expenses as well as nonpersonnel administrative expenses, for the fiscal years required under the strategic plan; and
    (E) to provide an outline of budget justifications, including salaries and expenses as well as nonpersonnel administrative expenses, for interagency programs led by the Trade Representative for the fiscal years required under the strategic plan.
  • 19 U.S.C. § 2252(e)(5)(B)(ii)
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    (ii) the objectives and actions specified in the adjustment plan, if any, submitted under subsection (a)(4),
  • 19 U.S.C. § 2347(e)
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    (e) Direct loans made, or loans guaranteed, under this part for the acquisition or development of real property or other capital assets shall ordinarily be secured by a first lien on the assets to be financed and shall be fully amortized. To the extent that the Secretary finds that exceptions to these standards are necessary to achieve the objectives of this part, he shall develop appropriate criteria for the protection of the interests of the United States.
  • 19 U.S.C. § 2417(c)(3)(A)
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    (A) the effectiveness in achieving the objectives of section 2411 of this title of—
    (i) such action, and
    (ii) other actions that could be taken (including actions against other products or services), and
  • 19 U.S.C. § 2432(c)(1)(A)
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    (A) he has determined that such waiver will substantially promote the objectives of this section; and
  • 19 U.S.C. § 2432(c)(1)(B)
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    (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section.
  • 19 U.S.C. § 2432(c)(2)(A)
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    (A) he has determined that such waiver will substantially promote the objectives of this section; and
  • 19 U.S.C. § 2432(c)(2)(B)
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    (B) he has received assurances that the emigration practices of that country will henceforth lead substantially to the achievement of the objectives of this section.
  • 19 U.S.C. § 2432(d)(1)
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    (1) If the President determines that the further extension of the waiver authority granted under subsection (c) will substantially promote the objectives of this section, he may recommend further extensions of such authority for successive 12-month periods. Any such recommendations shall—
    (A) be made not later than 30 days before the expiration of such authority;
    (B) be made in a document transmitted to the House of Representatives and the Senate setting forth his reasons for recommending the extension of such authority; and
    (C) include, for each country with respect to which a waiver granted under subsection (c) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination.
    If the President recommends the further extension of such authority, such authority shall continue in effect until the end of the 12-month period following the end of the previous 12-month extension with respect to any country (except for any country with respect to which such authority has not been extended under this subsection), unless a joint resolution described in section 2193(a) of this title is enacted into law pursuant to the provisions of paragraph (2).
  • 19 U.S.C. § 2432(d)(1)(C)
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    (C) include, for each country with respect to which a waiver granted under subsection (c) is in effect, a determination that continuation of the waiver applicable to that country will substantially promote the objectives of this section, and a statement setting forth his reasons for such determination.
  • 19 U.S.C. § 2492(b)(1)(A)(i)(I)
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    (I) in satisfying the goals agreed to in an applicable bilateral narcotics agreement with the United States (as described in paragraph (B)) or a multilateral agreement which achieves the objectives of paragraph (B),
  • 19 U.S.C. § 2492(b)(1)(C)
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    (C) A country which in the previous year was designated as a major drug producing country or a major drug-transit country may not be determined to be cooperating fully under subparagraph (A)(i) unless it has in place a bilateral narcotics agreement with the United States or a multilateral agreement which achieves the objectives of subparagraph (B).
  • 19 U.S.C. § 2494
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    The President shall include as a part of the annual report required under section 2291h of title 22 an evaluation of progress that each major drug producing country and each major drug-transit country has made during the reporting period in achieving the objectives set forth in section 2492(b) of this title.
  • 19 U.S.C. § 2512(b)
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    (b) Notwithstanding subsection (a), but in furtherance of the objective of encouraging countries to become parties to the Agreement and provide appropriate reciprocal competitive government procurement opportunities to United States products and suppliers of such products, the President may—
    (1) waive the prohibition required by subsection (a)(1) on procurement of products of a foreign country or instrumentality which has not yet become a party to the Agreement but—
    (A) has agreed to apply transparent and competitive procedures to its government procurement equivalent to those in the Agreement, and
    (B) maintains and enforces effective prohibitions on bribery and other corrupt practices in connection with its government procurement;
    (2) authorize agency heads to waive, subject to interagency review and general policy guidance by the organization established under section 1872(a) of this title, such prohibition on a case-by-case basis when in the national interest; and
    (3) authorize the Secretary of Defense to waive, subject to interagency review and policy guidance by the organization established under section 1872(a) of this title, such prohibition for products of any country or instrumentality which enters into a reciprocal procurement agreement with the Department of Defense.
    Before exercising the waiver authority under paragraph (1), the President shall consult with the appropriate private sector advisory committees established under section 2155 of this title and with the appropriate committees of the Congress.
  • 19 U.S.C. § 2512(c)(2)
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    (2) The report required by paragraph (1) shall include an evaluation of alternative means to obtain equity and reciprocity in such product sectors, including (A) prohibiting the procurement of products of such countries by United States entities not covered by the Agreement, and (B) modifying the application of chapter 83 of title 41. The report shall include an analysis of the effect of such alternative means on the United States economy (including effects on employment, production, competition, costs and prices, technological development, export trade, balance of payments, inflation, and the Federal budget), and on successful negotiations on the expansion of the coverage of the Agreement pursuant to section 2514(a) and (b) of this title, other trade negotiating objectives, the relationship of the Federal Government to State and local governments, and such other factors as the President deems appropriate.
  • 19 U.S.C. § 2514(b)
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    (b) The President shall seek, consistent with the overall objective set forth in subsection (a) and to the maximum extent feasible, with respect to appropriate product sectors, competitive opportunities for the export of United States products to the developed countries of the world equivalent to the competitive opportunities afforded by the United States, taking into account all barriers to, and other distortions of, international trade affecting that sector.
  • 19 U.S.C. § 2514(d)(1)
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    (1) If, during the renegotiations of the Agreement, the President at any time determines that the renegotiations are not progressing satisfactorily and are not likely to result, within twelve months of the commencement thereof, in an expansion of the Agreement to cover purchases by the entities of the governments of developed countries which are the principal purchasers of goods and equipment in appropriate product sectors, he shall so report to the congressional committees referred to in section 2512(c)(1) of this title. Taking into account the objectives set forth in subsections (a) and (b) of this section and the factors required to be analyzed under section 2512(c) of this title, the President shall further report to such committees appropriate actions to seek reciprocity in such product sectors with such countries in the area of government procurement.
  • 19 U.S.C. § 2531(b)
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    (b) Nothing in this subchapter may be construed as prohibiting any private person, Federal agency, or State agency from engaging in standards-related activities that do not create unnecessary obstacles to the foreign commerce of the United States. No standards-related activity of any private person, Federal agency, or State agency shall be deemed to constitute an unnecessary obstacle to the foreign commerce of the United States if the demonstrable purpose of the standards-related activity is to achieve a legitimate domestic objective including, but not limited to, the protection of legitimate health or safety, essential security, environmental, or consumer interests and if such activity does not operate to exclude imported products which fully meet the objectives of such activity.
  • 19 U.S.C. § 2605(h)
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    (h) The provisions of chapter 10 of title 5 shall apply to the Committee, except that the requirements of subsections (a) and (b) of section 1009 and section 1010 of title 5 (relating to open meetings, public notice, public participation, and public availability of documents) shall not apply to the Committee, whenever and to the extent it is determined by the President or his designee that the disclosure of matters involved in the Committee’s proceedings would compromise the Government’s negotiating objectives or bargaining positions on the negotiations of any agreement authorized by this chapter.
  • 19 U.S.C. § 2703(b)(5)(D)(ii)
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    (ii) the date on which the FTAA or another free trade agreement that makes substantial progress in achieving the negotiating objectives set forth in section 108(b)(5) of Public Law 103–182 (19 U.S.C. 3317(b)(5)))1 enters into force with respect to the United States and the CBTPA beneficiary country.
  • 19 U.S.C. § 2901(a)
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    (a) The overall trade negotiating objectives of the United States are to obtain—
    (1) more open, equitable, and reciprocal market access;
    (2) the reduction or elimination of barriers and other trade-distorting policies and practices; and
    (3) a more effective system of international trading disciplines and procedures.
  • 19 U.S.C. § 2901(b)(1)
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    (1) The principal negotiating objectives of the United States with respect to dispute settlement are—
    (A) to provide for more effective and expeditious dispute settlement mechanisms and procedures; and
    (B) to ensure that such mechanisms within the GATT and GATT agreements provide for more effective and expeditious resolution of disputes and enable better enforcement of United States rights.
  • 19 U.S.C. § 2901(b)(2)
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    (2) The principal negotiating objectives of the United States regarding the improvement of GATT and multilateral trade negotiation agreements are—
    (A) to enhance the status of the GATT;
    (B) to improve the operation and extend the coverage of the GATT and such agreements and arrangements to products, sectors, and conditions of trade not adequately covered; and
    (C) to expand country participation in particular agreements or arrangements, where appropriate.
  • 19 U.S.C. § 2901(b)(3)
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    (3) The principal negotiating objective of the United States regarding transparency is to obtain broader application of the principle of transparency and clarification of the costs and benefits of trade policy actions through the observance of open and equitable procedures in trade matters by Contracting Parties to the GATT.
  • 19 U.S.C. § 2901(b)(4)
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    (4) The principal negotiating objectives of the United States regarding developing countries are—
    (A) to ensure that developing countries promote economic development by assuming the fullest possible measure of responsibility for achieving and maintaining an open international trading system by providing reciprocal benefits and assuming equivalent obligations with respect to their import and export practices; and
    (B) to establish procedures for reducing nonreciprocal trade benefits for the more advanced developing countries.
  • 19 U.S.C. § 2901(b)(5)
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    (5) The principal negotiating objective of the United States regarding current account surpluses is to develop rules to address large and persistent global current account imbalances of countries, including imbalances which threaten the stability of the international trading system, by imposing greater responsibility on such countries to undertake policy changes aimed at restoring current account equilibrium, including expedited implementation of trade agreements where feasible and appropriate.
  • 19 U.S.C. § 2901(b)(6)
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    (6) The principal negotiating objective of the United States regarding trade and monetary coordination is to develop mechanisms to assure greater coordination, consistency, and cooperation between international trade and monetary systems and institutions.
  • 19 U.S.C. § 2901(b)(7)
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    (7) The principal negotiating objectives of the United States with respect to agriculture are to achieve, on an expedited basis to the maximum extent feasible, more open and fair conditions of trade in agricultural commodities by—
    (A) developing, strengthening, and clarifying rules for agricultural trade, including disciplines on restrictive or trade-distorting import and export practices;
    (B) increasing United States agricultural exports by eliminating barriers to trade (including transparent and nontransparent barriers) and reducing or eliminating the subsidization of agricultural production consistent with the United States policy of agricultural stabilization in cyclical and unpredictable markets;
    (C) creating a free and more open world agricultural trading system by resolving questions pertaining to export and other trade-distorting subsidies, market pricing and market access and eliminating and reducing substantially other specific constraints to fair trade and more open market access, such as tariffs, quotas, and other nontariff practices, including unjustified phytosanitary and sanitary restrictions; and
    (D) seeking agreements by which the major agricultural exporting nations agree to pursue policies to reduce excessive production of agricultural commodities during periods of oversupply, with due regard for the fact that the United States already undertakes such policies, and without recourse to arbitrary schemes to divide market shares among major exporting countries.
  • 19 U.S.C. § 2901(b)(8)
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    (8) The principal negotiating objectives of the United States with respect to unfair trade practices are—
    (A) to improve the provisions of the GATT and nontariff measure agreements in order to define, deter, discourage the persistent use of, and otherwise discipline unfair trade practices having adverse trade effects, including forms of subsidy and dumping and other practices not adequately covered such as resource input subsidies, diversionary dumping, dumped or subsidized inputs, and export targeting practices;
    (B) to obtain the application of similar rules to the treatment of primary and nonprimary products in the Agreement on Interpretation and Application of Articles VI, XVI, and XXIII of the GATT (relating to subsidies and countervailing measures); and
    (C) to obtain the enforcement of GATT rules against—
    (i) state trading enterprises, and
    (ii) the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that—
    (I) substantial direct investment in the foreign country be made,
    (II) intellectual property be licensed to the foreign country or to any firm of the foreign country, or
    (III) other collateral concessions be made,
    as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country.
  • 19 U.S.C. § 2901(b)(9)(A)
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    (A) The principal negotiating objectives of the United States regarding trade in services are—
    (i) to reduce or to eliminate barriers to, or other distortions of, international trade in services, including barriers that deny national treatment and restrictions on establishment and operation in such markets; and
    (ii) to develop internationally agreed rules, including dispute settlement procedures, which—
    (I) are consistent with the commercial policies of the United States, and
    (II) will reduce or eliminate such barriers or distortions, and help ensure fair, equitable opportunities for foreign markets.
  • 19 U.S.C. § 2901(b)(9)(B)
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    (B) In pursuing the negotiating objectives described in subparagraph (A), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the law and regulations related thereto.
  • 19 U.S.C. § 2901(b)(10)
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    (10) The principal negotiating objectives of the United States regarding intellectual property are—
    (A) to seek the enactment and effective enforcement by foreign countries of laws which—
    (i) recognize and adequately protect intellectual property, including copyrights, patents, trademarks, semiconductor chip layout designs, and trade secrets, and
    (ii) provide protection against unfair competition,
    (B) to establish in the GATT obligations—
    (i) to implement adequate substantive standards based on—
    (I) the standards in existing international agreements that provide adequate protection, and
    (II) the standards in national laws if international agreement standards are inadequate or do not exist,
    (ii) to establish effective procedures to enforce, both internally and at the border, the standards implemented under clause (i), and
    (iii) to implement effective dispute settlement procedures that improve on existing GATT procedures;
    (C) to recognize that the inclusion in the GATT of—
    (i) adequate and effective substantive norms and standards for the protection and enforcement of intellectual property rights, and
    (ii) dispute settlement provisions and enforcement procedures,
    is without prejudice to other complementary initiatives undertaken in other international organizations; and
    (D) to supplement and strengthen standards for protection and enforcement in existing international intellectual property conventions administered by other international organizations, including their expansion to cover new and emerging technologies and elimination of discrimination or unreasonable exceptions or preconditions to protection.
  • 19 U.S.C. § 2901(b)(11)(A)
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    (A) The principal negotiating objectives of the United States regarding foreign direct investment are—
    (i) to reduce or to eliminate artificial or trade-distorting barriers to foreign direct investment, to expand the principle of national treatment, and to reduce unreasonable barriers to establishment; and
    (ii) to develop internationally agreed rules, including dispute settlement procedures, which—
    (I) will help ensure a free flow of foreign direct investment, and
    (II) will reduce or eliminate the trade distortive effects of certain trade-related investment measures.
  • 19 U.S.C. § 2901(b)(11)(B)
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    (B) In pursuing the negotiating objectives described in subparagraph (A), United States negotiators shall take into account legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, environmental, consumer or employment opportunity interests and the law and regulations related thereto.
  • 19 U.S.C. § 2901(b)(12)
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    (12) The principal negotiating objectives of the United States regarding safeguards are—
    (A) to improve and expand rules and procedures covering safeguard measures;
    (B) to ensure that safeguard measures are—
    (i) transparent,
    (ii) temporary,
    (iii) degressive, and
    (iv) subject to review and termination when no longer necessary to remedy injury and to facilitate adjustment; and
    (C) to require notification of, and to monitor the use by, GATT Contracting Parties of import relief actions for their domestic industries.
  • 19 U.S.C. § 2901(b)(13)
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    (13) The principal negotiating objective of the United States regarding specific barriers is to obtain competitive opportunities for United States exports in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports to United States markets, including the reduction or elimination of specific tariff and nontariff trade barriers, particularly—
    (A) measures identified in the annual report prepared under section 2241 of this title; and
    (B) foreign tariffs and nontariff barriers on competitive United States exports when like or similar products enter the United States at low rates of duty or are duty-free, and other tariff disparities that impede access to particular export markets.
  • 19 U.S.C. § 2901(b)(14)
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    (14) The principal negotiating objectives of the United States regarding worker rights are—
    (A) to promote respect for worker rights;
    (B) to secure a review of the relationship of worker rights to GATT articles, objectives, and related instruments with a view to ensuring that the benefits of the trading system are available to all workers; and
    (C) to adopt, as a principle of the GATT, that the denial of worker rights should not be a means for a country or its industries to gain competitive advantage in international trade.
  • 19 U.S.C. § 2901(b)(14)(B)
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    (B) to secure a review of the relationship of worker rights to GATT articles, objectives, and related instruments with a view to ensuring that the benefits of the trading system are available to all workers; and
  • 19 U.S.C. § 2901(b)(15)(A)
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    (A) The principal negotiating objective of the United States regarding access to high technology is to obtain the elimination or reduction of foreign barriers to, and acts, policies, or practices by foreign governments which limit, equitable access by United States persons to foreign-developed technology, including barriers, acts, policies, or practices which have the effect of—
    (i) restricting the participation of United States persons in government-supported research and development projects;
    (ii) denying equitable access by United States persons to government-held patents;
    (iii) requiring the approval or agreement of government entities, or imposing other forms of government interventions, as a condition for the granting of licenses to United States persons by foreign persons (except for approval or agreement which may be necessary for national security purposes to control the export of critical military technology); and
    (iv) otherwise denying equitable access by United States persons to foreign-developed technology or contributing to the inequitable flow of technology between the United States and its trading partners.
  • 19 U.S.C. § 2901(b)(15)(B)
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    (B) In pursuing the negotiating objective described in subparagraph (A), the United States negotiators shall take into account United States Government policies in licensing or otherwise making available to foreign persons technology and other information developed by United States laboratories.
  • 19 U.S.C. § 2901(b)(16)
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    (16) The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the GATT with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily for revenue on direct taxes rather than indirect taxes.
  • 19 U.S.C. § 2902(a)(1)
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    (1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, and objectives of this title will be promoted thereby, the President—
    (A) before June 1, 1993, may enter into trade agreements with foreign countries; and
    (B) may, subject to paragraphs (2) through (5), proclaim—
    (i) such modification or continuance of any existing duty,
    (ii) such continuance of existing duty-free or excise treatment, or
    (iii) such additional duties;
    as he determines to be required or appropriate to carry out any such trade agreement.
  • 19 U.S.C. § 2902(b)(1)
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    (1) Whenever the President determines that any barrier to, or other distortion of, international trade—
    (A) unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy; or
    (B) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect;
    and that the purposes, policies, and objectives of this title will be promoted thereby, the President may, before June 1, 1993, enter into a trade agreement with foreign countries providing for—
    (i) the reduction or elimination of such barrier or other distortion; or
    (ii) the prohibition of, or limitations on the imposition of, such barrier or other distortion.
  • 19 U.S.C. § 2902(b)(2)
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    (2) A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in section 2901 of this title.
  • 19 U.S.C. § 2902(c)(3)(A)
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    (A) the agreement makes progress in meeting the applicable objectives described in section 2901 of this title;
  • 19 U.S.C. § 2902(d)(2)(B)
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    (B) how and to what extent the agreement will achieve the applicable purposes, policies, and objectives of this title; and
  • 19 U.S.C. § 2903(a)(2)(B)(i)
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    (i) asserting that the agreement makes progress in achieving the applicable purposes, policies, and objectives of this title,
  • 19 U.S.C. § 2903(a)(2)(B)(ii)(I)
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    (I) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in clause (i), and why and to what extent the agreement does not achieve other applicable purposes, policies, and objectives,
  • 19 U.S.C. § 2903(b)(2)(B)
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    (B) a description of the progress that has been made in multilateral and bilateral negotiations to achieve the purposes, policies, and objectives of this title, and a statement that such progress justifies the continuation of negotiations; and
  • 19 U.S.C. § 2903(b)(3)(A)
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    (A) its views regarding the progress that has been made in multilateral and bilateral negotiations to achieve the purposes, policies, and objectives of this title; and
  • 19 U.S.C. § 3104(a)
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    (a) Upon—
    (1) the date that is 30 days after the date on which any foreign country is identified in the investigation conducted under section 3103(a) of this title as a priority foreign country, and
    (2) the date on which any foreign country is identified under section 3103(c)(1)(B) of this title as a priority foreign country,
    the President shall enter into negotiations with such priority foreign country for the purpose of entering into a bilateral or multilateral trade agreement under chapter 17 of this title which meets the specific negotiating objectives established by the President under subsection (b) for such priority foreign country.
  • 19 U.S.C. § 3104(b)(1)
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    (1) The President shall establish such relevant specific negotiating objectives on a country-by-country basis as are necessary to meet the general negotiating objectives of the United States under this section.
  • 19 U.S.C. § 3104(b)(2)(A)
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    (A) The President may refine or modify specific negotiating objectives for particular negotiations in order to respond to circumstances arising during the negotiating period, including—
    (i) changed practices by the priority foreign country,
    (ii) tangible substantive developments in multilateral negotiations,
    (iii) changes in competitive positions, technological developments, or
    (iv) other relevant factors.
  • 19 U.S.C. § 3104(b)(2)(B)
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    (B) By no later than the date that is 30 days after the date on which the President makes any modifications or refinements to specific negotiating objectives under subparagraph (A), the President shall submit to appropriate committees of the Congress a statement describing such modifications or refinements and the reasons for such modifications or refinements.
  • 19 U.S.C. § 3104(c)
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    (c) The general negotiating objectives of the United States under this section are—
    (1) to obtain multilateral or bilateral agreements (or the modification of existing agreements) that provide mutually advantageous market opportunities for trade in telecommunications products and services between the United States and foreign countries;
    (2) to correct the imbalances in market opportunities accruing from reductions in barriers to the access of telecommunications products and services of foreign firms to the United States market; and
    (3) to facilitate the increase in United States exports of telecommunications products and services to a level of exports that reflects the competitiveness of the United States telecommunications industry.
  • 19 U.S.C. § 3104(d)
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    (d) The specific negotiating objectives of the United States under this section regarding telecommunications products and services are to obtain—
    (1) national treatment for telecommunications products and services that are provided by United States firms;
    (2) most-favored-nation treatment for such products and services;
    (3) nondiscriminatory procurement policies with respect to such products and services and the inclusion under the Agreement on Government Procurement of the procurement (by sale or lease by government-owned or controlled entities) of all telecommunications products and services;
    (4) the reduction or elimination of customs duties on telecommunications products;
    (5) the elimination of subsidies, violations of intellectual property rights, and other unfair trade practices that distort international trade in telecommunications products and services;
    (6) the elimination of investment barriers that restrict the establishment of foreign-owned business entities which market such products and services;
    (7) assurances that any requirement for the registration of telecommunications products, which are to be located on customer premises, for the purposes of—
    (A) attachment to a telecommunications network in a foreign country, and
    (B) the marketing of the products in a foreign country,
    be limited to the certification by the manufacturer that the products meet the standards established by the foreign country for preventing harm to the network or network personnel;
    (8) transparency of, and open participation in, the standards-setting processes used in foreign countries with respect to telecommunications products;
    (9) the ability to have telecommunications products, which are to be located on customer premises, approved and registered by type, and, if appropriate, the establishment of procedures between the United States and foreign countries for the mutual recognition of type approvals;
    (10) access to the basic telecommunications network in foreign countries on reasonable and nondiscriminatory terms and conditions (including nondiscriminatory prices) for the provision of value-added services by United States suppliers;
    (11) the nondiscriminatory procurement of telecommunications products and services by foreign entities that provide local exchange telecommunications services which are owned, controlled, or, if appropriate, regulated by foreign governments; and
    (12) monitoring and effective dispute settlement mechanisms to facilitate compliance with matters referred to in the preceding paragraphs of this subsection.
  • 19 U.S.C. § 3105(a)(1)
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    (1) If the President is unable, before the close of the negotiating period, to enter into an agreement under subtitle A with any priority foreign country identified under section 3103 of this title which achieves the general negotiating objectives described in section 3104(b) of this title as defined by the specific objectives established by the President for that country, the President shall take whatever actions authorized under subsection (b) that are appropriate and most likely to achieve such general negotiating objectives.
  • 19 U.S.C. § 3105(a)(2)
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    (2) In taking actions under paragraph (1), the President shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the President determines that actions against other economic sectors would be more effective in achieving the general negotiating objectives referred to in paragraph (1).
  • 19 U.S.C. § 3108(b)
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    (b) Before—
    (1) the Trade Representative concludes the investigation conducted under section 3103(a) of this title or takes action under section 3103(c) of this title,
    (2) the President establishes specific negotiating objectives under section 3104(b) of this title with respect to any foreign country, or
    (3) the President takes action under section 3105 of this title,
    the Trade Representative shall provide an opportunity for the presentation of views by any interested party with respect to such investigation, objectives, or action, including appropriate committees established pursuant to section 2155 of this title.
  • 19 U.S.C. § 3108(b)(2)
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    (2) the President establishes specific negotiating objectives under section 3104(b) of this title with respect to any foreign country, or
  • 19 U.S.C. § 3108(c)(1)
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    (1) the negotiating priorities and objectives for each priority foreign country;
  • 19 U.S.C. § 3108(c)(3)
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    (3) any United States concessions which might be included in negotiations to achieve the objectives described in subsections (c) and (d) of section 3104 of this title.
  • 19 U.S.C. § 3108(d)
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    (d) Before the President takes any action under section 3104(b)(2)(A) of this title to refine or modify specific negotiating objectives, the President shall consult with the Congress and with members of the industry, and representatives of labor, affected by the proposed refinement or modification.
  • 19 U.S.C. § 3532(a)
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    (a) In the implementation of the Uruguay Round Agreements and the functioning of the World Trade Organization, it is the objective of the United States to ensure that the Ministerial Conference and the General Council continue the practice of decisionmaking by consensus followed under the GATT 1947, as required by paragraph 1 of article IX of the WTO Agreement.
  • 19 U.S.C. § 3532(b)
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    (b) In furtherance of the objective set forth in subsection (a), the Trade Representative shall consult with the appropriate congressional committees before any vote is taken by the Ministerial Conference or the General Council relating to—
    (1) the adoption of an interpretation of the WTO Agreement or another multilateral trade agreement,
    (2) the amendment of any such agreement,
    (3) the granting of a waiver of any obligation under any such agreement,
    (4) the adoption of any amendment to the rules or procedures of the Ministerial Conference or the General Council,
    (5) the accession of a state or separate customs territory to the WTO Agreement, or
    (6) the adoption of any other decision,
    if the action described in paragraph (1), (2), (3), (4), (5), or (6) would substantially affect the rights or obligations of the United States under the WTO Agreement or another multilateral trade agreement or potentially entails a change in Federal or State law.
  • 19 U.S.C. § 3551(a)
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    (a) The President shall seek the establishment in the GATT 1947, and, upon entry into force of the WTO Agreement with respect to the United States, in the WTO, of a working party to examine the relationship of internationally recognized worker rights, as defined in section 2467(4) of this title, to the articles, objectives, and related instruments of the GATT 1947 and of the WTO, respectively.
  • 19 U.S.C. § 3551(b)
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    (b) The objectives of the United States for the working party described in subsection (a) are to—
    (1) explore the linkage between international trade and internationally recognized worker rights, as defined in section 2467(4) of this title, taking into account differences in the level of development among countries;
    (2) examine the effects on international trade of the systematic denial of such rights;
    (3) consider ways to address such effects; and
    (4) develop methods to coordinate the work program of the working party with the International Labor Organization.
  • 19 U.S.C. § 3551(c)
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    (c) The President shall report to the Congress, not later than 1 year after December 8, 1994, on the progress made in establishing the working party under this section, and on United States objectives with respect to the working party’s work program.
  • 19 U.S.C. § 3555(a)
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    (a) The principal negotiating objective of the United States in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments, from a wide range of commercially important developed and developing countries, to reduce or eliminate barriers to the supply of financial services, including barriers that deny national treatment or market access by restricting the establishment or operation of financial services providers, as the condition for the United States—
    (1) offering commitments to provide national treatment and market access in each of the financial services subsectors, and
    (2) making such commitments on a normal trade relations basis.
  • 19 U.S.C. § 3555(b)
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    (b) The principal negotiating objective of the United States in the extended negotiations on basic telecommunications services to be conducted under the auspices of the WTO is to obtain the opening on nondiscriminatory terms and conditions of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks.
  • 19 U.S.C. § 3555(c)(1)
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    (1) The principal negotiating objectives of the United States in the extended negotiations on trade in civil aircraft to be conducted under the auspices of the WTO are—
    (A) to obtain competitive opportunities for United States exports in foreign markets substantially equivalent to those afforded to foreign products in the United States,
    (B) to obtain the reduction or elimination of specific tariff and nontariff barriers, including through expanded membership in the Agreement on Trade in Civil Aircraft and in the US–EC bilateral agreement for large civil aircraft,
    (C) to maintain vigorous and effective disciplines on subsidies practices with respect to civil aircraft products under the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of this title,
    (D) to maintain the scope and coverage on indirect support as specified in the US–EC bilateral agreement on large civil aircraft, and
    (E) to obtain increased transparency with respect to foreign subsidy programs in the civil aircraft sector, both through greater government disclosure with respect to the use of taxpayer moneys and higher financial disclosure standards for companies receiving government supports (including disclosure comparable to that required under United States securities laws).
  • 19 U.S.C. § 3572(a)
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    (a) The general objectives of the United States under this subchapter are—
    (1) to ensure that parts II and III of the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of this title (hereafter in this section referred to as the “Subsidies Agreement”) are effective in disciplining the use of subsidies and in remedying the adverse effects of subsidies, and
    (2) to ensure that part IV of the Subsidies Agreement does not undermine the benefits derived from any other part of that Agreement.
  • 19 U.S.C. § 3572(b)
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    (b) The specific objective of the United States under this subchapter shall be to create a mechanism which will provide for an ongoing review of the operation of part IV of the Subsidies Agreement.
  • 19 U.S.C. § 3581
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    It is the objective of the United States—
  • 19 U.S.C. § 3581(4)
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    (4) to take an active role in the development of the intellectual property regime under the World Trade Organization to ensure that it is consistent with other United States objectives, and
  • 19 U.S.C. § 3723(b)(2)(A)
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    (A) The specific objectives of the United States with respect to negotiations described in paragraph (1) and a suggested timetable for achieving those objectives.
  • 19 U.S.C. § 3737(a)
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    (a) It is the sense of the Congress that sustained economic growth in sub-Saharan Africa depends in large measure upon the development of a receptive environment for trade and investment, and that to achieve this objective the United States Agency for International Development should continue to support programs which help to create this environment. Investments in human resources, development, and implementation of free market policies, including policies to liberalize agricultural markets and improve food security, and the support for the rule of law and democratic governance should continue to be encouraged and enhanced on a bilateral and regional basis.
  • 19 U.S.C. § 3801(b)(3)(B)
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    (B) the Congress is concerned that dispute settlement panels of the WTO and the Appellate Body appropriately apply the standard of review contained in Article 17.6 of the Antidumping Agreement, to provide deference to a permissible interpretation by a WTO member of provisions of that Agreement, and to the evaluation by a WTO member of the facts where that evaluation is unbiased and objective and the establishment of the facts is proper.
  • 19 U.S.C. § 3802(a)
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    (a) The overall trade negotiating objectives of the United States for agreements subject to the provisions of section 3803 of this title are—
    (1) to obtain more open, equitable, and reciprocal market access;
    (2) to obtain the reduction or elimination of barriers and distortions that are directly related to trade and that decrease market opportunities for United States exports or otherwise distort United States trade;
    (3) to further strengthen the system of international trading disciplines and procedures, including dispute settlement;
    (4) to foster economic growth, raise living standards, and promote full employment in the United States and to enhance the global economy;
    (5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, while optimizing the use of the world’s resources;
    (6) to promote respect for worker rights and the rights of children consistent with core labor standards of the ILO (as defined in section 3813(6) of this title) and an understanding of the relationship between trade and worker rights;
    (7) to seek provisions in trade agreements under which parties to those agreements strive to ensure that they do not weaken or reduce the protections afforded in domestic environmental and labor laws as an encouragement for trade;
    (8) to ensure that trade agreements afford small businesses equal access to international markets, equitable trade benefits, and expanded export market opportunities, and provide for the reduction or elimination of trade barriers that disproportionately impact small businesses; and
    (9) to promote universal ratification and full compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor.
  • 19 U.S.C. § 3802(b)(1)
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    (1) The principal negotiating objectives of the United States regarding trade barriers and other trade distortions are—
    (A) to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for United States exports or otherwise distort United States trade; and
    (B) to obtain reciprocal tariff and nontariff barrier elimination agreements, with particular attention to those tariff categories covered in section 3521(b) of this title.
  • 19 U.S.C. § 3802(b)(2)
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    (2) The principal negotiating objective of the United States regarding trade in services is to reduce or eliminate barriers to international trade in services, including regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers.
  • 19 U.S.C. § 3802(b)(3)
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    (3) Recognizing that United States law on the whole provides a high level of protection for investment, consistent with or greater than the level required by international law, the principal negotiating objectives of the United States regarding foreign investment are to reduce or eliminate artificial or trade-distorting barriers to foreign investment, while ensuring that foreign investors in the United States are not accorded greater substantive rights with respect to investment protections than United States investors in the United States, and to secure for investors important rights comparable to those that would be available under United States legal principles and practice, by—
    (A) reducing or eliminating exceptions to the principle of national treatment;
    (B) freeing the transfer of funds relating to investments;
    (C) reducing or eliminating performance requirements, forced technology transfers, and other unreasonable barriers to the establishment and operation of investments;
    (D) seeking to establish standards for expropriation and compensation for expropriation, consistent with United States legal principles and practice;
    (E) seeking to establish standards for fair and equitable treatment consistent with United States legal principles and practice, including the principle of due process;
    (F) providing meaningful procedures for resolving investment disputes;
    (G) seeking to improve mechanisms used to resolve disputes between an investor and a government through—
    (i) mechanisms to eliminate frivolous claims and to deter the filing of frivolous claims;
    (ii) procedures to ensure the efficient selection of arbitrators and the expeditious disposition of claims;
    (iii) procedures to enhance opportunities for public input into the formulation of government positions; and
    (iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of investment provisions in trade agreements; and
    (H) ensuring the fullest measure of transparency in the dispute settlement mechanism, to the extent consistent with the need to protect information that is classified or business confidential, by—
    (i) ensuring that all requests for dispute settlement are promptly made public;
    (ii) ensuring that—
    (I) all proceedings, submissions, findings, and decisions are promptly made public; and
    (II) all hearings are open to the public; and
    (iii) establishing a mechanism for acceptance of amicus curiae submissions from businesses, unions, and nongovernmental organizations.
  • 19 U.S.C. § 3802(b)(4)
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    (4) The principal negotiating objectives of the United States regarding trade-related intellectual property are—
    (A) to further promote adequate and effective protection of intellectual property rights, including through—
    (I) ensuring accelerated and full implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title, particularly with respect to meeting enforcement obligations under that agreement; and
    (II) ensuring that the provisions of any multilateral or bilateral trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law;
    (ii) providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property;
    (iii) preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights;
    (iv) ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works; and
    (v) providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms;
    (B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection; and
    (C) to respect the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001.
  • 19 U.S.C. § 3802(b)(5)
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    (5) The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency through—
    (A) increased and more timely public access to information regarding trade issues and the activities of international trade institutions;
    (B) increased openness at the WTO and other international trade fora by increasing public access to appropriate meetings, proceedings, and submissions, including with regard to dispute settlement and investment; and
    (C) increased and more timely public access to all notifications and supporting documentation submitted by parties to the WTO.
  • 19 U.S.C. § 3802(b)(6)
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    (6) The principal negotiating objectives of the United States with respect to the use of money or other things of value to influence acts, decisions, or omissions of foreign governments or officials or to secure any improper advantage in a manner affecting trade are—
    (A) to obtain high standards and appropriate domestic enforcement mechanisms applicable to persons from all countries participating in the applicable trade agreement that prohibit such attempts to influence acts, decisions, or omissions of foreign governments; and
    (B) to ensure that such standards do not place United States persons at a competitive disadvantage in international trade.
  • 19 U.S.C. § 3802(b)(7)
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    (7) The principal negotiating objectives of the United States regarding the improvement of the World Trade Organization, the Uruguay Round Agreements, and other multilateral and bilateral trade agreements are—
    (A) to achieve full implementation and extend the coverage of the World Trade Organization and such agreements to products, sectors, and conditions of trade not adequately covered; and
    (B) to expand country participation in and enhancement of the Information Technology Agreement and other trade agreements.
  • 19 U.S.C. § 3802(b)(8)
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    (8) The principal negotiating objectives of the United States regarding the use of government regulation or other practices by foreign governments to provide a competitive advantage to their domestic producers, service providers, or investors and thereby reduce market access for United States goods, services, and investments are—
    (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations;
    (B) to require that proposed regulations be based on sound science, cost-benefit analysis, risk assessment, or other objective evidence;
    (C) to establish consultative mechanisms among parties to trade agreements to promote increased transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes; and
    (D) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products.
  • 19 U.S.C. § 3802(b)(8)(B)
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    (B) to require that proposed regulations be based on sound science, cost-benefit analysis, risk assessment, or other objective evidence;
  • 19 U.S.C. § 3802(b)(9)
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    (9) The principal negotiating objectives of the United States with respect to electronic commerce are—
    (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization apply to electronic commerce;
    (B) to ensure that—
    (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and
    (ii) the classification of such goods and services ensures the most liberal trade treatment possible;
    (C) to ensure that governments refrain from implementing trade-related measures that impede electronic commerce;
    (D) where legitimate policy objectives require domestic regulations that affect electronic commerce, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and
    (E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions.
  • 19 U.S.C. § 3802(b)(9)(D)
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    (D) where legitimate policy objectives require domestic regulations that affect electronic commerce, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and
  • 19 U.S.C. § 3802(b)(10)(A)
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    (A) The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in bulk, specialty crop, and value-added commodities by—
    (i) reducing or eliminating, by a date certain, tariffs or other charges that decrease market opportunities for United States exports—
    (I) giving priority to those products that are subject to significantly higher tariffs or subsidy regimes of major producing countries; and
    (II) providing reasonable adjustment periods for United States import-sensitive products, in close consultation with the Congress on such products before initiating tariff reduction negotiations;
    (ii) reducing tariffs to levels that are the same as or lower than those in the United States;
    (iii) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agriculture markets to the detriment of the United States;
    (iv) allowing the preservation of programs that support family farms and rural communities but do not distort trade;
    (v) developing disciplines for domestic support programs, so that production that is in excess of domestic food security needs is sold at world prices;
    (vi) eliminating government policies that create price-depressing surpluses;
    (vii) eliminating state trading enterprises whenever possible;
    (viii) developing, strengthening, and clarifying rules and effective dispute settlement mechanisms to eliminate practices that unfairly decrease United States market access opportunities or distort agricultural markets to the detriment of the United States, particularly with respect to import-sensitive products, including—
    (I) unfair or trade-distorting activities of state trading enterprises and other administrative mechanisms, with emphasis on requiring price transparency in the operation of state trading enterprises and such other mechanisms in order to end cross subsidization, price discrimination, and price undercutting;
    (II) unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology;
    (III) unjustified sanitary or phytosanitary restrictions, including those not based on scientific principles in contravention of the Uruguay Round Agreements;
    (IV) other unjustified technical barriers to trade; and
    (V) restrictive rules in the administration of tariff rate quotas;
    (ix) eliminating practices that adversely affect trade in perishable or cyclical products, while improving import relief mechanisms to recognize the unique characteristics of perishable and cyclical agriculture;
    (x) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely to growers in the United States as those mechanisms that are used by other countries;
    (xi) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agreements;
    (xii) taking into account whether a product is subject to market distortions by reason of a failure of a major producing country to adhere to the provisions of already existing trade agreements with the United States or by the circumvention by that country of its obligations under those agreements;
    (xiii) otherwise ensuring that countries that accede to the World Trade Organization have made meaningful market liberalization commitments in agriculture;
    (xiv) taking into account the impact that agreements covering agriculture to which the United States is a party, including the North American Free Trade Agreement, have on the United States agricultural industry;
    (xv) maintaining bona fide food assistance programs and preserving United States market development and export credit programs; and
    (xvi) striving to complete a general multilateral round in the World Trade Organization by January 1, 2005, and seeking the broadest market access possible in multilateral, regional, and bilateral negotiations, recognizing the effect that simultaneous sets of negotiations may have on United States import-sensitive commodities (including those subject to tariff-rate quotas).
  • 19 U.S.C. § 3802(b)(10)(B)(iii)
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    (iii) The negotiating objective provided in subparagraph (A) applies with respect to agricultural matters to be addressed in any trade agreement entered into under section 3803(a) or (b) of this title, including any trade agreement entered into under section 3803(a) or (b) of this title that provides for accession to a trade agreement to which the United States is already a party, such as the North American Free Trade Agreement and the United States-Canada Free Trade Agreement.
  • 19 U.S.C. § 3802(b)(11)
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    (11) The principal negotiating objectives of the United States with respect to labor and the environment are—
    (A) to ensure that a party to a trade agreement with the United States does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring course of action or inaction, in a manner affecting trade between the United States and that party after entry into force of a trade agreement between those countries;
    (B) to recognize that parties to a trade agreement retain the right to exercise discretion with respect to investigatory, prosecutorial, regulatory, and compliance matters and to make decisions regarding the allocation of resources to enforcement with respect to other labor or environmental matters determined to have higher priorities, and to recognize that a country is effectively enforcing its laws if a course of action or inaction reflects a reasonable exercise of such discretion, or results from a bona fide decision regarding the allocation of resources, and no retaliation may be authorized based on the exercise of these rights or the right to establish domestic labor standards and levels of environmental protection;
    (C) to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in section 3813(6) of this title);
    (D) to strengthen the capacity of United States trading partners to protect the environment through the promotion of sustainable development;
    (E) to reduce or eliminate government practices or policies that unduly threaten sustainable development;
    (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services; and
    (G) to ensure that labor, environmental, health, or safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or unjustifiably discriminate against United States exports or serve as disguised barriers to trade.
  • 19 U.S.C. § 3802(b)(12)
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    (12) The principal negotiating objectives of the United States with respect to dispute settlement and enforcement of trade agreements are—
    (A) to seek provisions in trade agreements providing for resolution of disputes between governments under those trade agreements in an effective, timely, transparent, equitable, and reasoned manner, requiring determinations based on facts and the principles of the agreements, with the goal of increasing compliance with the agreements;
    (B) to seek to strengthen the capacity of the Trade Policy Review Mechanism of the World Trade Organization to review compliance with commitments;
    (C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body to the standard of review applicable under the Uruguay Round Agreement involved in the dispute, including greater deference, where appropriate, to the fact-finding and technical expertise of national investigating authorities;
    (D) to seek provisions encouraging the early identification and settlement of disputes through consultation;
    (E) to seek provisions to encourage the provision of trade-expanding compensation if a party to a dispute under the agreement does not come into compliance with its obligations under the agreement;
    (F) to seek provisions to impose a penalty upon a party to a dispute under the agreement that—
    (i) encourages compliance with the obligations of the agreement;
    (ii) is appropriate to the parties, nature, subject matter, and scope of the violation; and
    (iii) has the aim of not adversely affecting parties or interests not party to the dispute while maintaining the effectiveness of the enforcement mechanism; and
    (G) to seek provisions that treat United States principal negotiating objectives equally with respect to—
    (i) the ability to resort to dispute settlement under the applicable agreement;
    (ii) the availability of equivalent dispute settlement procedures; and
    (iii) the availability of equivalent remedies.
  • 19 U.S.C. § 3802(b)(12)(G)
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    (G) to seek provisions that treat United States principal negotiating objectives equally with respect to—
    (i) the ability to resort to dispute settlement under the applicable agreement;
    (ii) the availability of equivalent dispute settlement procedures; and
    (iii) the availability of equivalent remedies.
  • 19 U.S.C. § 3802(b)(13)
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    (13) The principal negotiating objectives of the United States regarding trade in civil aircraft are those set forth in section 3555(c) of this title and regarding rules of origin are the conclusion of an agreement described in section 3552 of this title.
  • 19 U.S.C. § 3802(b)(14)
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    (14) The principal negotiating objectives of the United States with respect to trade remedy laws are—
    (A) to preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies, or that lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and
    (B) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market-access barriers.
  • 19 U.S.C. § 3802(b)(15)
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    (15) The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the WTO rules with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes.
  • 19 U.S.C. § 3802(b)(16)
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    (16) The principal negotiating objectives of the United States with respect to trade in textiles and apparel articles are to obtain competitive opportunities for United States exports of textiles and apparel in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in textiles and apparel.
  • 19 U.S.C. § 3802(b)(17)
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    (17) The principal negotiating objective of the United States with respect to the trade-related aspects of the worst forms of child labor are to seek commitments by parties to trade agreements to vigorously enforce their own laws prohibiting the worst forms of child labor.
  • 19 U.S.C. § 3802(c)(6)
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    (6) take into account other legitimate United States domestic objectives including, but not limited to, the protection of legitimate health or safety, essential security, and consumer interests and the law and regulations related thereto;
  • 19 U.S.C. § 3803(a)(1)
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    (1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this chapter will be promoted thereby, the President—
    (A) may enter into trade agreements with foreign countries before—
    (i) July 1, 2005; or
    (ii) July 1, 2007, if trade authorities procedures are extended under subsection (c); and
    (B) may, subject to paragraphs (2) and (3), proclaim—
    (i) such modification or continuance of any existing duty,
    (ii) such continuance of existing duty-free or excise treatment, or
    (iii) such additional duties,
    as the President determines to be required or appropriate to carry out any such trade agreement.
    The President shall notify the Congress of the President’s intention to enter into an agreement under this subsection.
  • 19 U.S.C. § 3803(b)(1)(A)
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    (A) Whenever the President determines that—
    (i) one or more existing duties or any other import restriction of any foreign country or the United States or any other barrier to, or other distortion of, international trade unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy, or
    (ii) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect,
    and that the purposes, policies, priorities, and objectives of this chapter will be promoted thereby, the President may enter into a trade agreement described in subparagraph (B) during the period described in subparagraph (C).
  • 19 U.S.C. § 3803(b)(2)
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    (2) A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in section 3802(a) and (b) of this title and the President satisfies the conditions set forth in section 3804 of this title.
  • 19 U.S.C. § 3803(c)(2)(B)
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    (B) a description of the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this chapter, and a statement that such progress justifies the continuation of negotiations; and
  • 19 U.S.C. § 3803(c)(3)(A)(i)
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    (i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this chapter; and
  • 19 U.S.C. § 3803(d)
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    (d) In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 3802(b) of this title.
  • 19 U.S.C. § 3804(a)(1)
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    (1) provide, at least 90 calendar days before initiating negotiations, written notice to the Congress of the President’s intention to enter into the negotiations and set forth therein the date the President intends to initiate such negotiations, the specific United States objectives for the negotiations, and whether the President intends to seek an agreement, or changes to an existing agreement;
  • 19 U.S.C. § 3804(b)(1)
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    (1) Before initiating or continuing negotiations the subject matter of which is directly related to the subject matter under section 3802(b)(10)(A)(i) of this title with any country, the President shall assess whether United States tariffs on agricultural products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country. In addition, the President shall consider whether the tariff levels bound and applied throughout the world with respect to imports from the United States are higher than United States tariffs and whether the negotiation provides an opportunity to address any such disparity. The President shall consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
  • 19 U.S.C. § 3804(c)
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    (c) Before initiating or continuing negotiations the subject matter of which is directly related to textiles and apparel products with any country, the President shall assess whether United States tariffs on textile and apparel products that were bound under the Uruguay Round Agreements are lower than the tariffs bound by that country and whether the negotiation provides an opportunity to address any such disparity. The President shall consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
  • 19 U.S.C. § 3804(d)(2)(B)
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    (B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this chapter; and
  • 19 U.S.C. § 3804(d)(3)(A)(ii)
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    (ii) how these proposals relate to the objectives described in section 3802(b)(14) of this title.
  • 19 U.S.C. § 3804(d)(3)(C)(ii)
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    (ii) For purposes of this subparagraph, the term “resolution” means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the __ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to the Congress on __ under section 2104(d)(3) of the Bipartisan Trade Promotion Authority Act of 2002 with respect to __, are inconsistent with the negotiating objectives described in section 2102(b)(14) of that Act.”, with the first blank space being filled with the name of the resolving House of Congress, the second blank space being filled with the appropriate date of the report, and the third blank space being filled with the name of the country or countries involved.
  • 19 U.S.C. § 3805(a)(2)(B)(i)
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    (i) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this chapter; and
  • 19 U.S.C. § 3805(a)(2)(B)(ii)(I)
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    (I) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in clause (i);
  • 19 U.S.C. § 3805(a)(2)(B)(ii)(V)
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    (V) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in section 3802(c) of this title regarding the promotion of certain priorities.
  • 19 U.S.C. § 3805(b)(1)(B)(ii)(IV)
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    (IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this chapter.
  • 19 U.S.C. § 3806(b)(2)(A)
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    (A) notify the Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and
  • 19 U.S.C. § 3807(a)(4)
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    (4) Each member of the Congressional Oversight Group described in paragraphs (2)(A) and (3)(A) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in negotiations for any trade agreement to which this chapter applies. Each member of the Congressional Oversight Group described in paragraphs (2)(B) and (3)(B) shall be accredited by the United States Trade Representative on behalf of the President as an official adviser to the United States delegation in the negotiations by reason of which the member is in the Congressional Oversight Group. The Congressional Oversight Group shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement.
  • 19 U.S.C. § 3807(b)(2)(A)
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    (A) regular, detailed briefings of the Congressional Oversight Group regarding negotiating objectives, including the promotion of certain priorities referred to in section 3802(c) of this title, and positions and the status of the applicable negotiations, beginning as soon as practicable after the Congressional Oversight Group is convened, with more frequent briefings as trade negotiations enter the final stage;
  • 19 U.S.C. § 3812
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    The Assistant United States Trade Representative for Industry and Telecommunications shall be responsible for ensuring that the interests of small business are considered in all trade negotiations in accordance with the objective described in section 3802(a)(8) of this title. It is the sense of the Congress that the small business functions should be reflected in the title of the Assistant United States Trade Representative assigned the responsibility for small business.
  • 19 U.S.C. § 4201(a)
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    (a) The overall trade negotiating objectives of the United States for agreements subject to the provisions of section 4202 of this title are—
    (1) to obtain more open, equitable, and reciprocal market access;
    (2) to obtain the reduction or elimination of barriers and distortions that are directly related to trade and investment and that decrease market opportunities for United States exports or otherwise distort United States trade;
    (3) to further strengthen the system of international trade and investment disciplines and procedures, including dispute settlement;
    (4) to foster economic growth, raise living standards, enhance the competitiveness of the United States, promote full employment in the United States, and enhance the global economy;
    (5) to ensure that trade and environmental policies are mutually supportive and to seek to protect and preserve the environment and enhance the international means of doing so, while optimizing the use of the world’s resources;
    (6) to promote respect for worker rights and the rights of children consistent with core labor standards of the ILO (as set out in section 4210(7) of this title) and an understanding of the relationship between trade and worker rights;
    (7) to seek provisions in trade agreements under which parties to those agreements ensure that they do not weaken or reduce the protections afforded in domestic environmental and labor laws as an encouragement for trade;
    (8) to ensure that trade agreements afford small businesses equal access to international markets, equitable trade benefits, and expanded export market opportunities, and provide for the reduction or elimination of trade and investment barriers that disproportionately impact small businesses;
    (9) to promote universal ratification and full compliance with ILO Convention No. 182 Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labor;
    (10) to ensure that trade agreements reflect and facilitate the increasingly interrelated, multi-sectoral nature of trade and investment activity;
    (11) to recognize the growing significance of the Internet as a trading platform in international commerce;
    (12) to take into account other legitimate United States domestic objectives, including, but not limited to, the protection of legitimate health or safety, essential security, and consumer interests and the law and regulations related thereto;
    (13) to take into account conditions relating to religious freedom of any party to negotiations for a trade agreement with the United States;
    (14) to ensure that trade agreements do not require changes to the immigration laws of the United States or obligate the United States to grant access or expand access to visas issued under section 1101(a)(15) of title 8; and
    (15) to ensure that trade agreements do not establish obligations for the United States regarding greenhouse gas emissions measures, including obligations that require changes to United States laws or regulations or that would affect the implementation of such laws or regulations, other than those fulfilling the other negotiating objectives in this section.
  • 19 U.S.C. § 4201(a)(12)
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    (12) to take into account other legitimate United States domestic objectives, including, but not limited to, the protection of legitimate health or safety, essential security, and consumer interests and the law and regulations related thereto;
  • 19 U.S.C. § 4201(a)(15)
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    (15) to ensure that trade agreements do not establish obligations for the United States regarding greenhouse gas emissions measures, including obligations that require changes to United States laws or regulations or that would affect the implementation of such laws or regulations, other than those fulfilling the other negotiating objectives in this section.
  • 19 U.S.C. § 4201(b)(1)
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    (1) The principal negotiating objectives of the United States regarding trade in goods are—
    (A) to expand competitive market opportunities for exports of goods from the United States and to obtain fairer and more open conditions of trade, including through the utilization of global value chains, by reducing or eliminating tariff and nontariff barriers and policies and practices of foreign governments directly related to trade that decrease market opportunities for United States exports or otherwise distort United States trade; and
    (B) to obtain reciprocal tariff and nontariff barrier elimination agreements, including with respect to those tariff categories covered in section 3521(b) of this title.
  • 19 U.S.C. § 4201(b)(2)(A)
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    (A) The principal negotiating objective of the United States regarding trade in services is to expand competitive market opportunities for United States services and to obtain fairer and more open conditions of trade, including through utilization of global value chains, by reducing or eliminating barriers to international trade in services, such as regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers.
  • 19 U.S.C. § 4201(b)(2)(B)
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    (B) Recognizing that expansion of trade in services generates benefits for all sectors of the economy and facilitates trade, the objective described in subparagraph (A) should be pursued through all means, including through a plurilateral agreement with those countries willing and able to undertake high standard services commitments for both existing and new services.
  • 19 U.S.C. § 4201(b)(3)
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    (3) The principal negotiating objective of the United States with respect to agriculture is to obtain competitive opportunities for United States exports of agricultural commodities in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in bulk, specialty crop, and value added commodities by—
    (A) securing more open and equitable market access through robust rules on sanitary and phytosanitary measures that—
    (i) encourage the adoption of international standards and require a science-based justification be provided for a sanitary or phytosanitary measure if the measure is more restrictive than the applicable international standard;
    (ii) improve regulatory coherence, promote the use of systems-based approaches, and appropriately recognize the equivalence of health and safety protection systems of exporting countries;
    (iii) require that measures are transparently developed and implemented, are based on risk assessments that take into account relevant international guidelines and scientific data, and are not more restrictive on trade than necessary to meet the intended purpose; and
    (iv) improve import check processes, including testing methodologies and procedures, and certification requirements,
    while recognizing that countries may put in place measures to protect human, animal, or plant life or health in a manner consistent with their international obligations, including the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (referred to in section 3511(d)(3) of this title);
    (B) reducing or eliminating, by a date certain, tariffs or other charges that decrease market opportunities for United States exports—
    (i) giving priority to those products that are subject to significantly higher tariffs or subsidy regimes of major producing countries; and
    (ii) providing reasonable adjustment periods for United States import sensitive products, in close consultation with Congress on such products before initiating tariff reduction negotiations;
    (C) reducing tariffs to levels that are the same as or lower than those in the United States;
    (D) reducing or eliminating subsidies that decrease market opportunities for United States exports or unfairly distort agriculture markets to the detriment of the United States;
    (E) allowing the preservation of programs that support family farms and rural communities but do not distort trade;
    (F) developing disciplines for domestic support programs, so that production that is in excess of domestic food security needs is sold at world prices;
    (G) eliminating government policies that create price depressing surpluses;
    (H) eliminating state trading enterprises whenever possible;
    (I) developing, strengthening, and clarifying rules to eliminate practices that unfairly decrease United States market access opportunities or distort agricultural markets to the detriment of the United States, and ensuring that such rules are subject to efficient, timely, and effective dispute settlement, including—
    (i) unfair or trade distorting activities of state trading enterprises and other administrative mechanisms, with emphasis on requiring price transparency in the operation of state trading enterprises and such other mechanisms in order to end cross subsidization, price discrimination, and price undercutting;
    (ii) unjustified trade restrictions or commercial requirements, such as labeling, that affect new technologies, including biotechnology;
    (iii) unjustified sanitary or phytosanitary restrictions, including restrictions not based on scientific principles in contravention of obligations in the Uruguay Round Agreements or bilateral or regional trade agreements;
    (iv) other unjustified technical barriers to trade; and
    (v) restrictive rules in the administration of tariff rate quotas;
    (J) eliminating practices that adversely affect trade in perishable or cyclical products, while improving import relief mechanisms to recognize the unique characteristics of perishable and cyclical agriculture;
    (K) ensuring that import relief mechanisms for perishable and cyclical agriculture are as accessible and timely to growers in the United States as those mechanisms that are used by other countries;
    (L) taking into account whether a party to the negotiations has failed to adhere to the provisions of already existing trade agreements with the United States or has circumvented obligations under those agreements;
    (M) taking into account whether a product is subject to market distortions by reason of a failure of a major producing country to adhere to the provisions of already existing trade agreements with the United States or by the circumvention by that country of its obligations under those agreements;
    (N) otherwise ensuring that countries that accede to the World Trade Organization have made meaningful market liberalization commitments in agriculture;
    (O) taking into account the impact that agreements covering agriculture to which the United States is a party have on the United States agricultural industry;
    (P) maintaining bona fide food assistance programs, market development programs, and export credit programs;
    (Q) seeking to secure the broadest market access possible in multilateral, regional, and bilateral negotiations, recognizing the effect that simultaneous sets of negotiations may have on United States import sensitive commodities (including those subject to tariff rate quotas);
    (R) seeking to develop an international consensus on the treatment of seasonal or perishable agricultural products in investigations relating to dumping and safeguards and in any other relevant area;
    (S) seeking to establish the common base year for calculating the Aggregated Measurement of Support (as defined in the Agreement on Agriculture) as the end of each country’s Uruguay Round implementation period, as reported in each country’s Uruguay Round market access schedule;
    (T) ensuring transparency in the administration of tariff rate quotas through multilateral, plurilateral, and bilateral negotiations; and
    (U) eliminating and preventing the undermining of market access for United States products through improper use of a country’s system for protecting or recognizing geographical indications, including failing to ensure transparency and procedural fairness and protecting generic terms.
  • 19 U.S.C. § 4201(b)(4)
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    (4) Recognizing that United States law on the whole provides a high level of protection for investment, consistent with or greater than the level required by international law, the principal negotiating objectives of the United States regarding foreign investment are to reduce or eliminate artificial or trade distorting barriers to foreign investment, while ensuring that foreign investors in the United States are not accorded greater substantive rights with respect to investment protections than United States investors in the United States, and to secure for investors important rights comparable to those that would be available under United States legal principles and practice, by—
    (A) reducing or eliminating exceptions to the principle of national treatment;
    (B) freeing the transfer of funds relating to investments;
    (C) reducing or eliminating performance requirements, forced technology transfers, and other unreasonable barriers to the establishment and operation of investments;
    (D) seeking to establish standards for expropriation and compensation for expropriation, consistent with United States legal principles and practice;
    (E) seeking to establish standards for fair and equitable treatment, consistent with United States legal principles and practice, including the principle of due process;
    (F) providing meaningful procedures for resolving investment disputes;
    (G) seeking to improve mechanisms used to resolve disputes between an investor and a government through—
    (i) mechanisms to eliminate frivolous claims and to deter the filing of frivolous claims;
    (ii) procedures to ensure the efficient selection of arbitrators and the expeditious disposition of claims;
    (iii) procedures to enhance opportunities for public input into the formulation of government positions; and
    (iv) providing for an appellate body or similar mechanism to provide coherence to the interpretations of investment provisions in trade agreements; and
    (H) ensuring the fullest measure of transparency in the dispute settlement mechanism, to the extent consistent with the need to protect information that is classified or business confidential, by—
    (i) ensuring that all requests for dispute settlement are promptly made public;
    (ii) ensuring that—
    (I) all proceedings, submissions, findings, and decisions are promptly made public; and
    (II) all hearings are open to the public; and
    (iii) establishing a mechanism for acceptance of amicus curiae submissions from businesses, unions, and nongovernmental organizations.
  • 19 U.S.C. § 4201(b)(5)
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    (5) The principal negotiating objectives of the United States regarding trade-related intellectual property are—
    (A) to further promote adequate and effective protection of intellectual property rights, including through—
    (I) ensuring accelerated and full implementation of the Agreement on Trade-Related Aspects of Intellectual Property Rights referred to in section 3511(d)(15) of this title, particularly with respect to meeting enforcement obligations under that agreement; and
    (II) ensuring that the provisions of any trade agreement governing intellectual property rights that is entered into by the United States reflect a standard of protection similar to that found in United States law;
    (ii) providing strong protection for new and emerging technologies and new methods of transmitting and distributing products embodying intellectual property, including in a manner that facilitates legitimate digital trade;
    (iii) preventing or eliminating discrimination with respect to matters affecting the availability, acquisition, scope, maintenance, use, and enforcement of intellectual property rights;
    (iv) ensuring that standards of protection and enforcement keep pace with technological developments, and in particular ensuring that rightholders have the legal and technological means to control the use of their works through the Internet and other global communication media, and to prevent the unauthorized use of their works;
    (v) providing strong enforcement of intellectual property rights, including through accessible, expeditious, and effective civil, administrative, and criminal enforcement mechanisms; and
    (vi) preventing or eliminating government involvement in the violation of intellectual property rights, including cyber theft and piracy;
    (B) to secure fair, equitable, and nondiscriminatory market access opportunities for United States persons that rely upon intellectual property protection; and
    (C) to respect the Declaration on the TRIPS Agreement and Public Health, adopted by the World Trade Organization at the Fourth Ministerial Conference at Doha, Qatar on November 14, 2001, and to ensure that trade agreements foster innovation and promote access to medicines.
  • 19 U.S.C. § 4201(b)(6)
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    (6) The principal negotiating objectives of the United States with respect to digital trade in goods and services, as well as cross-border data flows, are—
    (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization and bilateral and regional trade agreements apply to digital trade in goods and services and to cross-border data flows;
    (B) to ensure that—
    (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and
    (ii) the classification of such goods and services ensures the most liberal trade treatment possible, fully encompassing both existing and new trade;
    (C) to ensure that governments refrain from implementing trade-related measures that impede digital trade in goods and services, restrict cross-border data flows, or require local storage or processing of data;
    (D) with respect to subparagraphs (A) through (C), where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or cross-border data flows, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and
    (E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions.
  • 19 U.S.C. § 4201(b)(6)(D)
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    (D) with respect to subparagraphs (A) through (C), where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or cross-border data flows, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and
  • 19 U.S.C. § 4201(b)(7)
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    (7) The principal negotiating objectives of the United States regarding the use of government regulation or other practices to reduce market access for United States goods, services, and investments are—
    (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations;
    (B) to require that proposed regulations be based on sound science, cost benefit analysis, risk assessment, or other objective evidence;
    (C) to establish consultative mechanisms and seek other commitments, as appropriate, to improve regulatory practices and promote increased regulatory coherence, including through—
    (i) transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes;
    (ii) the elimination of redundancies in testing and certification;
    (iii) early consultations on significant regulations;
    (iv) the use of impact assessments;
    (v) the periodic review of existing regulatory measures; and
    (vi) the application of good regulatory practices;
    (D) to seek greater openness, transparency, and convergence of standards development processes, and enhance cooperation on standards issues globally;
    (E) to promote regulatory compatibility through harmonization, equivalence, or mutual recognition of different regulations and standards and to encourage the use of international and interoperable standards, as appropriate;
    (F) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products;
    (G) to ensure that government regulatory reimbursement regimes are transparent, provide procedural fairness, are nondiscriminatory, and provide full market access for United States products; and
    (H) to ensure that foreign governments—
    (i) demonstrate that the collection of undisclosed proprietary information is limited to that necessary to satisfy a legitimate and justifiable regulatory interest; and
    (ii) protect such information against disclosure, except in exceptional circumstances to protect the public, or where such information is effectively protected against unfair competition.
  • 19 U.S.C. § 4201(b)(7)(B)
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    (B) to require that proposed regulations be based on sound science, cost benefit analysis, risk assessment, or other objective evidence;
  • 19 U.S.C. § 4201(b)(8)
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    (8) The principal negotiating objective of the United States regarding competition by state-owned and state-controlled enterprises is to seek commitments that—
    (A) eliminate or prevent trade distortions and unfair competition favoring state-owned and state-controlled enterprises to the extent of their engagement in commercial activity, and
    (B) ensure that such engagement is based solely on commercial considerations,
    in particular through disciplines that eliminate or prevent discrimination and market-distorting subsidies and that promote transparency.
  • 19 U.S.C. § 4201(b)(9)
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    (9) The principal negotiating objective of the United States with respect to localization barriers is to eliminate and prevent measures that require United States producers and service providers to locate facilities, intellectual property, or other assets in a country as a market access or investment condition, including indigenous innovation measures.
  • 19 U.S.C. § 4201(b)(10)
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    (10) The principal negotiating objectives of the United States with respect to labor and the environment are—
    (A) to ensure that a party to a trade agreement with the United States—
    (i) adopts and maintains measures implementing internationally recognized core labor standards (as defined in section 4210(17) of this title) and its obligations under common multilateral environmental agreements (as defined in section 4210(6) of this title),
    (ii) does not waive or otherwise derogate from, or offer to waive or otherwise derogate from—
    (I) its statutes or regulations implementing internationally recognized core labor standards (as defined in section 4210(17) of this title), in a manner affecting trade or investment between the United States and that party, where the waiver or derogation would be inconsistent with one or more such standards, or
    (II) its environmental laws in a manner that weakens or reduces the protections afforded in those laws and in a manner affecting trade or investment between the United States and that party, except as provided in its law and provided not inconsistent with its obligations under common multilateral environmental agreements (as defined in section 4210(6) of this title) or other provisions of the trade agreement specifically agreed upon, and
    (iii) does not fail to effectively enforce its environmental or labor laws, through a sustained or recurring course of action or inaction,
    in a manner affecting trade or investment between the United States and that party after entry into force of a trade agreement between those countries;
    (B) to recognize that—
    (i) with respect to environment, parties to a trade agreement retain the right to exercise prosecutorial discretion and to make decisions regarding the allocation of enforcement resources with respect to other environmental laws determined to have higher priorities, and a party is effectively enforcing its laws if a course of action or inaction reflects a reasonable, bona fide exercise of such discretion, or results from a reasonable, bona fide decision regarding the allocation of resources; and
    (ii) with respect to labor, decisions regarding the distribution of enforcement resources are not a reason for not complying with a party’s labor obligations; a party to a trade agreement retains the right to reasonable exercise of discretion and to make bona fide decisions regarding the allocation of resources between labor enforcement activities among core labor standards, provided the exercise of such discretion and such decisions are not inconsistent with its obligations;
    (C) to strengthen the capacity of United States trading partners to promote respect for core labor standards (as defined in section 4210(7) of this title);
    (D) to strengthen the capacity of United States trading partners to protect the environment through the promotion of sustainable development;
    (E) to reduce or eliminate government practices or policies that unduly threaten sustainable development;
    (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services;
    (G) to ensure that labor, environmental, health, or safety policies and practices of the parties to trade agreements with the United States do not arbitrarily or unjustifiably discriminate against United States exports or serve as disguised barriers to trade;
    (H) to ensure that enforceable labor and environment obligations are subject to the same dispute settlement and remedies as other enforceable obligations under the agreement; and
    (I) to ensure that a trade agreement is not construed to empower a party’s authorities to undertake labor or environmental law enforcement activities in the territory of the United States.
  • 19 U.S.C. § 4201(b)(11)
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    (11) The principal negotiating objective of the United States with respect to currency practices is that parties to a trade agreement with the United States avoid manipulating exchange rates in order to prevent effective balance of payments adjustment or to gain an unfair competitive advantage over other parties to the agreement, such as through cooperative mechanisms, enforceable rules, reporting, monitoring, transparency, or other means, as appropriate.
  • 19 U.S.C. § 4201(b)(12)
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    (12) The principal negotiating objective of the United States with respect to unfair currency practices is to seek to establish accountability through enforceable rules, transparency, reporting, monitoring, cooperative mechanisms, or other means to address exchange rate manipulation involving protracted large scale intervention in one direction in the exchange markets and a persistently undervalued foreign exchange rate to gain an unfair competitive advantage in trade over other parties to a trade agreement, consistent with existing obligations of the United States as a member of the International Monetary Fund and the World Trade Organization.
  • 19 U.S.C. § 4201(b)(13)
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    (13) Recognizing that the World Trade Organization is the foundation of the global trading system, the principal negotiating objectives of the United States regarding the World Trade Organization, the Uruguay Round Agreements, and other multilateral and plurilateral trade agreements are—
    (A) to achieve full implementation and extend the coverage of the World Trade Organization and multilateral and plurilateral agreements to products, sectors, and conditions of trade not adequately covered;
    (B) to expand country participation in and enhancement of the Information Technology Agreement, the Government Procurement Agreement, and other plurilateral trade agreements of the World Trade Organization;
    (C) to expand competitive market opportunities for United States exports and to obtain fairer and more open conditions of trade, including through utilization of global value chains, through the negotiation of new WTO multilateral and plurilateral trade agreements, such as an agreement on trade facilitation;
    (D) to ensure that regional trade agreements to which the United States is not a party fully achieve the high standards of, and comply with, WTO disciplines, including Article XXIV of GATT 1994, Article V and V bis of the General Agreement on Trade in Services, and the Enabling Clause, including through meaningful WTO review of such regional trade agreements;
    (E) to enhance compliance by WTO members with their obligations as WTO members through active participation in the bodies of the World Trade Organization by the United States and all other WTO members, including in the trade policy review mechanism and the committee system of the World Trade Organization, and by working to increase the effectiveness of such bodies; and
    (F) to encourage greater cooperation between the World Trade Organization and other international organizations.
  • 19 U.S.C. § 4201(b)(14)
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    (14) The principal negotiating objective of the United States with respect to transparency is to obtain wider and broader application of the principle of transparency in the World Trade Organization, entities established under bilateral and regional trade agreements, and other international trade fora through seeking—
    (A) timely public access to information regarding trade issues and the activities of such institutions;
    (B) openness by ensuring public access to appropriate meetings, proceedings, and submissions, including with regard to trade and investment dispute settlement; and
    (C) public access to all notifications and supporting documentation submitted by WTO members.
  • 19 U.S.C. § 4201(b)(15)
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    (15) The principal negotiating objectives of the United States with respect to the use of money or other things of value to influence acts, decisions, or omissions of foreign governments or officials or to secure any improper advantage in a manner affecting trade are—
    (A) to obtain high standards and effective domestic enforcement mechanisms applicable to persons from all countries participating in the applicable trade agreement that prohibit such attempts to influence acts, decisions, or omissions of foreign governments or officials or to secure any such improper advantage;
    (B) to ensure that such standards level the playing field for United States persons in international trade and investment; and
    (C) to seek commitments to work jointly to encourage and support anti-corruption and anti-bribery initiatives in international trade fora, including through the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions of the Organization for Economic Cooperation and Development, done at Paris December 17, 1997 (commonly known as the “OECD Anti-Bribery Convention”).
  • 19 U.S.C. § 4201(b)(16)
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    (16) The principal negotiating objectives of the United States with respect to dispute settlement and enforcement of trade agreements are—
    (A) to seek provisions in trade agreements providing for resolution of disputes between governments under those trade agreements in an effective, timely, transparent, equitable, and reasoned manner, requiring determinations based on facts and the principles of the agreements, with the goal of increasing compliance with the agreements;
    (B) to seek to strengthen the capacity of the Trade Policy Review Mechanism of the World Trade Organization to review compliance with commitments;
    (C) to seek adherence by panels convened under the Dispute Settlement Understanding and by the Appellate Body to—
    (i) the mandate of those panels and the Appellate Body to apply the WTO Agreement as written, without adding to or diminishing rights and obligations under the Agreement; and
    (ii) the standard of review applicable under the Uruguay Round Agreement involved in the dispute, including greater deference, where appropriate, to the fact finding and technical expertise of national investigating authorities;
    (D) to seek provisions encouraging the early identification and settlement of disputes through consultation;
    (E) to seek provisions to encourage the provision of trade-expanding compensation if a party to a dispute under the agreement does not come into compliance with its obligations under the agreement;
    (F) to seek provisions to impose a penalty upon a party to a dispute under the agreement that—
    (i) encourages compliance with the obligations of the agreement;
    (ii) is appropriate to the parties, nature, subject matter, and scope of the violation; and
    (iii) has the aim of not adversely affecting parties or interests not party to the dispute while maintaining the effectiveness of the enforcement mechanism; and
    (G) to seek provisions that treat United States principal negotiating objectives equally with respect to—
    (i) the ability to resort to dispute settlement under the applicable agreement;
    (ii) the availability of equivalent dispute settlement procedures; and
    (iii) the availability of equivalent remedies.
  • 19 U.S.C. § 4201(b)(16)(G)
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    (G) to seek provisions that treat United States principal negotiating objectives equally with respect to—
    (i) the ability to resort to dispute settlement under the applicable agreement;
    (ii) the availability of equivalent dispute settlement procedures; and
    (iii) the availability of equivalent remedies.
  • 19 U.S.C. § 4201(b)(17)
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    (17) The principal negotiating objectives of the United States with respect to trade remedy laws are—
    (A) to preserve the ability of the United States to enforce rigorously its trade laws, including the antidumping, countervailing duty, and safeguard laws, and avoid agreements that lessen the effectiveness of domestic and international disciplines on unfair trade, especially dumping and subsidies, or that lessen the effectiveness of domestic and international safeguard provisions, in order to ensure that United States workers, agricultural producers, and firms can compete fully on fair terms and enjoy the benefits of reciprocal trade concessions; and
    (B) to address and remedy market distortions that lead to dumping and subsidization, including overcapacity, cartelization, and market access barriers.
  • 19 U.S.C. § 4201(b)(18)
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    (18) The principal negotiating objective of the United States regarding border taxes is to obtain a revision of the rules of the World Trade Organization with respect to the treatment of border adjustments for internal taxes to redress the disadvantage to countries relying primarily on direct taxes for revenue rather than indirect taxes.
  • 19 U.S.C. § 4201(b)(19)
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    (19) The principal negotiating objectives of the United States with respect to trade in textiles and apparel articles are to obtain competitive opportunities for United States exports of textiles and apparel in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports in United States markets and to achieve fairer and more open conditions of trade in textiles and apparel.
  • 19 U.S.C. § 4201(b)(20)(A)
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    (A) With respect to an agreement that is proposed to be entered into with the Transatlantic Trade and Investment Partnership countries and to which section 4202(b) of this title will apply, the principal negotiating objectives of the United States regarding commercial partnerships are the following:
    (i) To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States and Israel.
    (ii) To discourage politically motivated actions to boycott, divest from, or sanction Israel and to seek the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on the State of Israel.
    (iii) To seek the elimination of state-sponsored unsanctioned foreign boycotts against Israel or compliance with the Arab League Boycott of Israel by prospective trading partners.
  • 19 U.S.C. § 4201(b)(21)
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    (21) The principal negotiating objectives of the United States with respect to ensuring implementation of trade commitments and obligations by strengthening good governance, transparency, the effective operation of legal regimes and the rule of law of trading partners of the United States is through capacity building and other appropriate means, which are important parts of the broader effort to create more open democratic societies and to promote respect for internationally recognized human rights.
  • 19 U.S.C. § 4201(b)(22)
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    (22) The principal negotiating objectives of the United States with respect to trade in fish, seafood, and shellfish products are—
    (A) to obtain competitive opportunities for United States exports of fish, seafood, and shellfish products in foreign markets substantially equivalent to the competitive opportunities afforded foreign exports of fish, seafood, and shellfish products in United States markets and to achieve fairer and more open conditions of trade in fish, seafood, and shellfish products, including by reducing or eliminating tariff and nontariff barriers;
    (B) to eliminate fisheries subsidies that distort trade, including subsidies of the type referred to in paragraph 9 of Annex D to the Ministerial Declaration adopted by the World Trade Organization at the Sixth Ministerial Conference at Hong Kong, China on December 18, 2005;
    (C) to pursue transparency in fisheries subsidies programs; and
    (D) to address illegal, unreported, and unregulated fishing.
  • 19 U.S.C. § 4202(a)(1)
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    (1) Whenever the President determines that one or more existing duties or other import restrictions of any foreign country or the United States are unduly burdening and restricting the foreign trade of the United States and that the purposes, policies, priorities, and objectives of this chapter will be promoted thereby, the President—
    (A) may enter into trade agreements with foreign countries before—
    (i) July 1, 2018; or
    (ii) July 1, 2021, if trade authorities procedures are extended under subsection (c); and
    (B) may, subject to paragraphs (2) and (3), proclaim—
    (i) such modification or continuance of any existing duty,
    (ii) such continuance of existing duty free or excise treatment, or
    (iii) such additional duties,
    as the President determines to be required or appropriate to carry out any such trade agreement.
    Substantial modifications to, or substantial additional provisions of, a trade agreement entered into after July 1, 2018, or July 1, 2021, if trade authorities procedures are extended under subsection (c), shall not be eligible for approval under this chapter.
  • 19 U.S.C. § 4202(b)(1)(A)
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    (A) Whenever the President determines that—
    (i) 1 or more existing duties or any other import restriction of any foreign country or the United States or any other barrier to, or other distortion of, international trade unduly burdens or restricts the foreign trade of the United States or adversely affects the United States economy, or
    (ii) the imposition of any such barrier or distortion is likely to result in such a burden, restriction, or effect,
    and that the purposes, policies, priorities, and objectives of this chapter will be promoted thereby, the President may enter into a trade agreement described in subparagraph (B) during the period described in subparagraph (C).
  • 19 U.S.C. § 4202(b)(2)
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    (2) A trade agreement may be entered into under this subsection only if such agreement makes progress in meeting the applicable objectives described in subsections (a) and (b) of section 4201 of this title and the President satisfies the conditions set forth in sections 4203 and 4204 of this title.
  • 19 U.S.C. § 4202(c)(2)(B)
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    (B) a description of the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this chapter, and a statement that such progress justifies the continuation of negotiations; and
  • 19 U.S.C. § 4202(c)(3)(A)(i)
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    (i) its views regarding the progress that has been made in negotiations to achieve the purposes, policies, priorities, and objectives of this chapter; and
  • 19 U.S.C. § 4202(d)
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    (d) In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the negotiating objectives set forth in section 4201 of this title.
  • 19 U.S.C. § 4203(a)(1)(A)
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    (A) meet upon request with any Member of Congress regarding negotiating objectives, the status of negotiations in progress, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement;
  • 19 U.S.C. § 4203(a)(3)(B)(i)
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    (i) timely briefings upon request of any Member of Congress regarding negotiating objectives, the status of negotiations in progress conducted under this chapter, and the nature of any changes in the laws of the United States or the administration of those laws that may be recommended to Congress to carry out any trade agreement or any requirement of, amendment to, or recommendation under, that agreement; and
  • 19 U.S.C. § 4203(c)(2)(D)
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    (D) The congressional advisory groups shall consult with and provide advice to the Trade Representative regarding the formulation of specific objectives, negotiating strategies and positions, the development of the applicable trade agreement, and compliance and enforcement of the negotiated commitments under the trade agreement.
  • 19 U.S.C. § 4203(c)(3)(B)(i)
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    (i) detailed briefings on a fixed timetable to be specified in the guidelines of the congressional advisory groups regarding negotiating objectives and positions and the status of the applicable negotiations, beginning as soon as practicable after the congressional advisory groups are convened, with more frequent briefings as trade negotiations enter the final stage;
  • 19 U.S.C. § 4204(a)(1)(A)
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    (A) provide, at least 90 calendar days before initiating negotiations with a country, written notice to Congress of the President’s intention to enter into the negotiations with that country and set forth in the notice the date on which the President intends to initiate those negotiations, the specific United States objectives for the negotiations with that country, and whether the President intends to seek an agreement, or changes to an existing agreement;
  • 19 U.S.C. § 4204(a)(1)(D)
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    (D) after consulting with the Committee on Ways and Means and the Committee on Finance, and at least 30 calendar days before initiating negotiations with a country, publish on a publicly available Internet website of the Office of the United States Trade Representative, and regularly update thereafter, a detailed and comprehensive summary of the specific objectives with respect to the negotiations, and a description of how the agreement, if successfully concluded, will further those objectives and benefit the United States.
  • 19 U.S.C. § 4204(a)(2)(A)(iii)
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    (iii) consult with the Committee on Ways and Means and the Committee on Agriculture of the House of Representatives and the Committee on Finance and the Committee on Agriculture, Nutrition, and Forestry of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
  • 19 U.S.C. § 4204(a)(4)(B)
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    (B) consult with the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning the results of the assessment, whether it is appropriate for the United States to agree to further tariff reductions based on the conclusions reached in the assessment, and how all applicable negotiating objectives will be met.
  • 19 U.S.C. § 4204(b)(2)(B)
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    (B) how and to what extent the agreement will achieve the applicable purposes, policies, priorities, and objectives of this chapter; and
  • 19 U.S.C. § 4204(b)(3)(A)(ii)
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    (ii) how these proposals relate to the objectives described in section 4201(b)(17) of this title.
  • 19 U.S.C. § 4204(b)(3)(B)(ii)
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    (ii) For purposes of this subparagraph, the term “resolution” means only a resolution of either House of Congress, the matter after the resolving clause of which is as follows: “That the ____ finds that the proposed changes to United States trade remedy laws contained in the report of the President transmitted to Congress on ____ under section 105(b)(3) of the Bipartisan Congressional Trade Priorities and Accountability Act of 2015 with respect to ____, are inconsistent with the negotiating objectives described in section 102(b)(17) of that Act.”, with the first blank space being filled with the name of the resolving House of Congress, the second blank space being filled with the appropriate date of the report, and the third blank space being filled with the name of the country or countries involved.
  • 19 U.S.C. § 4205(a)(2)(A)(ii)(I)
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    (I) asserting that the agreement makes progress in achieving the applicable purposes, policies, priorities, and objectives of this chapter; and
  • 19 U.S.C. § 4205(a)(2)(A)(ii)(II)(aa)
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    (aa) how and to what extent the agreement makes progress in achieving the applicable purposes, policies, and objectives referred to in subclause (I);
  • 19 U.S.C. § 4205(b)(1)(B)(ii)(IV)
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    (IV) the agreement or agreements fail to make progress in achieving the purposes, policies, priorities, and objectives of this chapter.
  • 19 U.S.C. § 4206(b)(1)
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    (1) notifies Congress of the negotiations described in subsection (a), the specific United States objectives in the negotiations, and whether the President is seeking a new agreement or changes to an existing agreement; and
  • 19 U.S.C. § 4206(c)
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    (c) Notwithstanding the notification requirement described in section 4202(a)(2) of this title, the President may exercise the proclamation authority provided for in section 4202(a)(1)(B) of this title to implement an agreement by members of the Asia-Pacific Economic Cooperation (APEC) to reduce any rate of duty on certain environmental goods included in Annex C of the APEC Leaders Declaration issued on September 9, 2012, if (and only if) the President, as soon as feasible after December 18, 2015, and before exercising proclamation authority under section 4202(a)(1)(B) of this title, notifies Congress of the negotiations relating to the agreement and the specific United States objectives in the negotiations.
  • 19 U.S.C. § 4208(b)
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    (b) The Assistant United States Trade Representative for Small Business, Market Access, and Industrial Competitiveness shall be responsible for ensuring that the interests of small businesses are considered in all trade negotiations in accordance with the objective described in section 4201(a)(8) of this title.
  • 19 U.S.C. § 4311(b)(3)
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    (3) consider consolidating partnership programs in situations in which doing so would support the objectives of such programs, increase participation in such programs, enhance the trade benefits provided to participants in such programs, and enhance the allocation of the resources of U.S. Customs and Border Protection;
  • 19 U.S.C. § 4314(b)(2)
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    (2) a statement of objectives and plans for further improving trade enforcement and trade facilitation;
  • 19 U.S.C. § 4315(b)
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    (b) It shall be a negotiating objective of the United States in any negotiation for a mutual recognition arrangement or similar agreement with a foreign country on partnership programs, such as the Customs–Trade Partnership Against Terrorism established under subtitle B of title II of the Security and Accountability for Every Port Act of 2006 (6 U.S.C. 961 et seq.), to seek to ensure the compatibility of the partnership programs of that country with the partnership programs of U.S. Customs and Border Protection to enhance security, trade facilitation, and trade enforcement.
  • 19 U.S.C. § 4332(d)(3)(A)
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    (A) are performed using clear and objective performance measures; and
  • 19 U.S.C. § 4375
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    The principal negotiating objectives of the United States shall include obtaining the objectives of the bilateral agreements described under section 4374(a) of this title for any trade agreements under negotiation as of February 24, 2016, or future trade agreement negotiations.
  • 19 U.S.C. § 4432(5)
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    (5) to accomplish such other objectives as the Secretary determines are necessary to protect the United States.
  • 19 U.S.C. § 4452(c)(1)
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    (1) Among the principal trade negotiating objectives of the United States for proposed trade agreements with foreign countries regarding commercial partnerships are the following:
    (A) To discourage actions by potential trading partners that directly or indirectly prejudice or otherwise discourage commercial activity solely between the United States and Israel.
    (B) To discourage politically motivated boycotts of, divestment from, and sanctions against Israel and to seek the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on Israel.
    (C) To seek the elimination of state-sponsored unsanctioned foreign boycotts of Israel, or compliance with the Arab League Boycott of Israel, by prospective trading partners.
  • 19 U.S.C. § 4586
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    In the case of any trade agreement which may be entered into by the President with a USMCA country, the negotiating objectives of the United States with respect to subsidies shall include—

Citations to §2576b(4)

  • 19 U.S.C. § 1
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    Except as hereinafter provided the reorganization of the customs service made by the President and communicated to Congress under date of March 3, 1913, shall, until otherwise provided by Congress, constitute the permanent organization of the customs service.
  • 19 U.S.C. § 2
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    The President is authorized from time to time, as the exigencies of the service may require, to rearrange, by consolidation or otherwise, the several customs-collection districts and to discontinue ports of entry by abolishing the same or establishing others in their stead. The President is authorized from time to time to change the location of the headquarters in any customs-collection district as the needs of the service may require.
  • 19 U.S.C. § 6
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    Any officer of the customs service designated by the Secretary of the Treasury for foreign service, shall, through the Department of State, be regularly and officially attached to the diplomatic missions of the United States in the countries in which they are to be stationed, and when such officers are assigned to countries in which there are no diplomatic missions of the United States, appropriate recognition and standing with full facilities for discharging their official duties shall be arranged by the Department of State. The Secretary of State may reject the name of any such officer whose assignment to the foreign post for which he has been designated would, in his judgment, be prejudicial to the public policy of the United States. The appointment of such customs officers shall be made pursuant to the civil service laws and regulations upon the nomination of the principal officer in charge of the office to which such appointments are to be made.
  • 19 U.S.C. § 6e
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    On and after June 30, 1949, overtime compensation of customs officers and employees, as authorized by law, shall be based either on standard or daylight saving time, whichever is observed where overtime services are performed.
  • 19 U.S.C. § 58a
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    The Secretary may charge such fees as may be necessary to cover the costs of providing services similar to or the same as services furnished by customs officers under the sections repealed by subsection (a).
  • 19 U.S.C. § 58b(a)
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    (a) The Secretary of the Treasury shall make customs services available and charge a fee for the use of such customs services at—
    (1) the airport located at Lebanon, New Hampshire,
    (2) the airport located at Pontiac/Oakland, Michigan, and
    (3) any other airport, seaport, or other facility designated by the Secretary of the Treasury under subsection (c).
  • 19 U.S.C. § 58b(b)
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    (b) The fee which is charged under subsection (a) shall be paid by each person using the customs services at the airport, seaport, or other facility and shall be in an amount equal to the expenses incurred by the Secretary of the Treasury in providing the customs services which are rendered to such person at such airport, seaport, or other facility (including the salary and expenses of individuals employed by the Secretary of the Treasury to provide such customs services).
  • 19 U.S.C. § 58b(c)(1)
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    (1) the Secretary of the Treasury has made a determination that the volume or value of business cleared through such airport, seaport, or other facility is insufficient to justify the availability of customs services at such airport, seaport, or other facility, and
  • 19 U.S.C. § 58b(e)
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    (e) Fees collected by the Secretary of the Treasury under subsection (a) with respect to the provision of services at an airport, seaport, or other facility shall be deposited in an account within the Treasury of the United States that is specially designated for such airport, seaport, or other facility. The Secretary of the Treasury is authorized and directed to pay out of any funds available in such account any expenses incurred by the Federal Government in providing customs services at such airport, seaport, or other facility (including expenses incurred for the salaries and expenses of individuals employed to provide such services). None of the funds deposited into such account shall be available for any purpose other than making payments authorized under the preceding sentence.
  • 19 U.S.C. § 58b(f)
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    (f) For purposes of this section, customs services provided in connection with, or with respect to, any foreign trade zone or subzone that is located at, or in the vicinity of, any airport, seaport, or other facility described in subsection (a) or designated under subsection (c) shall be considered to be customs services provided at such airport, seaport, or other facility.
  • 19 U.S.C. § 58b–1
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    Beginning in fiscal year 1998 and thereafter, such sums as may be necessary for expenses for the provision of Customs services at certain small airports or other facilities when authorized by law and designated by the Secretary of the Treasury, including expenditures for the salary and expenses of individuals employed to provide such services, to be derived from fees collected by the Secretary pursuant to section 58b of this title for each of these airports or other facilities when authorized by law and designated by the Secretary, and to remain available until expended.
  • 19 U.S.C. § 58c(a)
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    (a) In addition to any other fee authorized by law, the Secretary of the Treasury shall charge and collect the following fees (subject to adjustment under subsection (l)) for the provision of customs services in connection with the following:
    (1) For the arrival of a commercial vessel of 100 net tons or more, $397.
    (2) For the arrival of a commercial truck, $5.
    (3) For the arrival of each railroad car carrying passengers or commercial freight, $7.50.
    (4) For all arrivals made during a calendar year by a private vessel or private aircraft, $25.
    (A) Subject to subparagraph (B), for the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)(i) of this section), $5.
    (B) For the arrival of each passenger aboard a commercial vessel from a place referred to in subsection (b)(1)(A)(i) of this section, $1.75.
    (6) For each item of dutiable mail for which a document is prepared by a customs officer (other than an item subject to a fee under subsection (b)(9)(D)), $5.
    (7) For each customs broker permit held by an individual, partnership, association, or corporate customs broker, $125 per year.
    (8) For the arrival of a barge or other bulk carrier from Canada or Mexico, $100.
    (A) For the processing of merchandise that is formally entered or released during any fiscal year, a fee in an amount equal to 0.211 percent ad valorem, unless adjusted under subparagraph (B).
    (i) The Secretary of the Treasury may adjust the ad valorem rate specified in subparagraph (A) to an ad valorem rate (but not to a rate of more than 0.211 percent nor less than 0.15 percent) and the amounts specified in subsection (b)(8)(A)(i) (but not to more than $485 nor less than $21) to rates and amounts which would, if charged, offset the salaries and expenses that will likely be incurred by the Customs Service in the processing of such entries and releases during the fiscal year in which such costs are incurred.
    (ii) In determining the amount of any adjustment under clause (i), the Secretary of the Treasury shall take into account whether there is a surplus or deficit in the fund established under subsection (f) with respect to the provision of customs services for the processing of formal entries and releases of merchandise.
    (iii) An adjustment may not be made under clause (i) with respect to the fee charged during any fiscal year unless the Secretary of the Treasury—
    (I) not later than 45 days after the date of the enactment of the Act providing full-year appropriations for the Customs Service for that fiscal year, publishes in the Federal Register a notice of intent to adjust the fee under this paragraph and the amount of such adjustment;
    (II) provides a period of not less than 30 days following publication of the notice described in subclause (I) for public comment and consultation with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives regarding the proposed adjustment and the methodology used to determine such adjustment;
    (III) upon the expiration of the period provided under subclause (II), notifies such committees in writing regarding the final determination to adjust the fee, the amount of such adjustment, and the methodology used to determine such adjustment; and
    (IV) upon the expiration of the 15-day period following the written notification described in subclause (III), submits for publication in the Federal Register notice of the final determination regarding the adjustment of the fee.
    (iv) The 15-day period referred to in clause (iii)(IV) shall be computed by excluding—
    (I) the days on which either House is not in session because of an adjournment of more than 3 days to a day certain or an adjournment of the Congress sine die; and
    (II) any Saturday and Sunday, not excluded under subclause (I), when either House is not in session.
    (v) An adjustment made under this subparagraph shall become effective with respect to formal entries and releases made on or after the 15th calendar day after the date of publication of the notice described in clause (iii)(IV) and shall remain in effect until adjusted under this subparagraph.
    (C) Any fee charged under this paragraph, whether or not adjusted under subparagraph (B), is subject to the limitations in subsection (b)(8)(A).
    (10) For the processing of merchandise that is informally entered or released, other than at—
    (A) a centralized hub facility,
    (B) an express consignment carrier facility, or
    (C) a small airport or other facility to which section 58b of this title applies, if more than 25,000 informal entries were cleared through such airport or facility during the fiscal year preceding such entry or release (other than Inbound EMS items described in subsection (b)(9)(D)),
    a fee of—
    (i) $2 if the entry or release is automated and not prepared by customs personnel;
    (ii) $6 if the entry or release is manual and not prepared by customs personnel; or
    (iii) $9 if the entry or release, whether automated or manual, is prepared by customs personnel.
    For provisions relating to the informal entry or release of merchandise at facilities referred to in subparagraphs (A), (B), and (C), or of Inbound EMS items described in subsection (b)(9)(D), see subsection (b)(9).
  • 19 U.S.C. § 58c(a)(9)(B)(i)
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    (i) The Secretary of the Treasury may adjust the ad valorem rate specified in subparagraph (A) to an ad valorem rate (but not to a rate of more than 0.211 percent nor less than 0.15 percent) and the amounts specified in subsection (b)(8)(A)(i) (but not to more than $485 nor less than $21) to rates and amounts which would, if charged, offset the salaries and expenses that will likely be incurred by the Customs Service in the processing of such entries and releases during the fiscal year in which such costs are incurred.
  • 19 U.S.C. § 58c(a)(9)(B)(ii)
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    (ii) In determining the amount of any adjustment under clause (i), the Secretary of the Treasury shall take into account whether there is a surplus or deficit in the fund established under subsection (f) with respect to the provision of customs services for the processing of formal entries and releases of merchandise.
  • 19 U.S.C. § 58c(a)(9)(B)(iii)(I)
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    (I) not later than 45 days after the date of the enactment of the Act providing full-year appropriations for the Customs Service for that fiscal year, publishes in the Federal Register a notice of intent to adjust the fee under this paragraph and the amount of such adjustment;
  • 19 U.S.C. § 58c(b)(1)(A)
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    (A) Except as provided in subsection (a)(5)(B) of this section, no fee may be charged under subsection (a) of this section for customs services provided in connection with—
    (i) the arrival of any passenger whose journey—
    (I) originated in a territory or possession of the United States; or
    (II) originated in the United States and was limited to territories and possessions of the United States;
    (ii) the arrival of any railroad car the journey of which originates and terminates in the same country, but only if no passengers board or disembark from the train and no cargo is loaded or unloaded from such car while the car is within any country other than the country in which such car originates and terminates;
    (iii) the arrival of a ferry, except for a ferry whose operations begin on or after August 1, 1999, and that operates south of 27 degrees latitude and east of 89 degrees longitude; or
    (iv) the arrival of any passenger on board a commercial vessel traveling only between ports which are within the customs territory of the United States.
  • 19 U.S.C. § 58c(b)(2)
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    (2) No fee may be charged under subsection (a)(2) for the arrival of a commercial truck during any calendar year after a total of $100 in fees (subject to adjustment under subsection (l)) has been paid to the Secretary of the Treasury for the provision of customs services for all arrivals of such commercial truck during such calendar year.
  • 19 U.S.C. § 58c(b)(3)
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    (3) No fee may be charged under subsection (a)(3) for the arrival of a railroad car whether passenger or freight during any calendar year after a total of $100 in fees (subject to adjustment under subsection (l)) has been paid to the Secretary of the Treasury for the provision of customs services for all arrivals of such passenger or freight rail car during such calendar year.
  • 19 U.S.C. § 58c(b)(4)(A)(ii)
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    (ii) for whom customs inspectional services are not provided.
  • 19 U.S.C. § 58c(b)(5)(A)
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    (A) a vessel during a calendar year after a total of $5,955 in fees (subject to adjustment under subsection (l)) charged under paragraph (1) or (8) of subsection (a) has been paid to the Secretary of the Treasury for the provision of customs services for all arrivals of such vessel during such calendar year,
  • 19 U.S.C. § 58c(b)(6)
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    (6) No fee may be charged under subsection (a)(8) for the arrival of a barge or other bulk carrier during a calendar year after a total of $1,500 in fees (subject to adjustment under subsection (l)) charged under paragraph (1) or (8) of subsection (a) has been paid to the Secretary of the Treasury for the provision of customs services for all arrivals of such barge or other bulk carrier during such calendar year.
  • 19 U.S.C. § 58c(b)(8)(C)(ii)(II)
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    (II) the entry or release is filed at ports prior to the full implementation of the cargo selectivity data system by the Customs Service at such ports.
  • 19 U.S.C. § 58c(b)(9)(B)(ii)
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    (ii) Notwithstanding section 1451 of this title, the payment required by subparagraph (A)(ii)(I) or (II) shall be the only payment required for reimbursement of the Customs Service in connection with the processing of an individual airway bill or bill of lading in accordance with such subparagraph and for providing services at express consignment carrier facilities or centralized hub facilities, except that the Customs Service may require such facilities to cover expenses of the Customs Service for adequate office space, equipment, furnishings, supplies, and security.
  • 19 U.S.C. § 58c(b)(9)(B)(iii)(I)
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    (I) The payment required by subparagraph (A)(ii) and clause (ii) of this subparagraph shall be paid on a quarterly basis by the carrier using the facility to the Customs Service in accordance with regulations prescribed by the Secretary of the Treasury.
  • 19 U.S.C. § 58c(b)(9)(B)(iii)(II)
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    (II) 50 percent of the amount of payments received under subparagraph (A)(ii) and clause (ii) of this subparagraph shall, in accordance with section 1524 of this title, be deposited in the Customs User Fee Account and shall be used to directly reimburse each appropriation for the amount paid out of that appropriation for the costs incurred in providing services to express consignment carrier facilities or centralized hub facilities. Amounts deposited in accordance with the preceding sentence shall be available until expended for the provision of customs services to express consignment carrier facilities or centralized hub facilities.
  • 19 U.S.C. § 58c(b)(9)(C)(i)
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    (i) The terms “centralized hub facility” and “express consignment carrier facility” have the respective meanings that are applied to such terms in part 128 of chapter I of title 19, Code of Federal Regulations. Nothing in this paragraph shall be construed as prohibiting the Secretary of the Treasury from processing merchandise that is informally entered or released at any centralized hub facility or express consignment carrier facility during the normal operating hours of the Customs Service, subject to reimbursement and payment under subparagraph (A).
  • 19 U.S.C. § 58c(b)(9)(D)(i)
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    (i) With respect to the processing of items that are sent to the United States through the international postal network by “Inbound Express Mail service” or “Inbound EMS” (as that service is described in the mail classification schedule referred to in section 3631 of title 39), the following payments are required:
    (I) $1 per Inbound EMS item.
    (II) If an Inbound EMS item is formally entered, the fee provided for under subsection (a)(9), if applicable.
  • 19 U.S.C. § 58c(b)(9)(D)(ii)
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    (ii) Notwithstanding section 1451 of this title, the payments required by clause (i), as allocated pursuant to clause (iii)(I), shall be the only payments required for reimbursement of U.S. Customs and Border Protection for customs services provided in connection with the processing of an Inbound EMS item.
  • 19 U.S.C. § 58c(b)(9)(D)(iii)(I)(aa)
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    (aa) 50 percent of the amount of the payments shall be paid on a quarterly basis by the United States Postal Service to the Commissioner of U.S. Customs and Border Protection in accordance with regulations prescribed by the Secretary of the Treasury to reimburse U.S. Customs and Border Protection for customs services provided in connection with the processing of Inbound EMS items.
  • 19 U.S.C. § 58c(b)(9)(D)(iii)(I)(bb)
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    (bb) 50 percent of the amount of the payments shall be retained by the Postal Service to reimburse the Postal Service for services provided in connection with the customs processing of Inbound EMS items.
  • 19 U.S.C. § 58c(b)(9)(D)(iii)(II)
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    (II) Payments received by U.S. Customs and Border Protection under subclause (I)(aa) shall, in accordance with section 1524 of this title, be deposited in the Customs User Fee Account and used to directly reimburse each appropriation for the amount paid out of that appropriation for the costs incurred in providing services to international mail facilities. Amounts deposited in accordance with the preceding sentence shall be available until expended for the provision of such services.
  • 19 U.S.C. § 58c(b)(9)(D)(iii)(III)
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    (III) Payments retained by the Postal Service under subclause (I)(bb) shall be used to directly reimburse the Postal Service for the costs incurred in providing services in connection with the customs processing of Inbound EMS items.
  • 19 U.S.C. § 58c(b)(9)(D)(iv)
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    (iv) Beginning in fiscal year 2021, the Secretary, in consultation with the Postmaster General, may adjust, not more frequently than once each fiscal year, the amount described in clause (i)(I) to an amount commensurate with the costs of services provided in connection with the customs processing of Inbound EMS items, consistent with the obligations of the United States under international agreements.
  • 19 U.S.C. § 58c(b)(10)(B)
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    (B) No fee may be charged under paragraph (9) or (10) of subsection (a) with respect to goods that qualify as originating goods under section 4531 of this title or qualify for duty-free treatment under Annex 6–A of the USMCA (as defined in section 4502 of this title). Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
    Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(12)
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    (12) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 202 of the United States-Chile Free Trade Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(13)
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    (13) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 202 of the United States-Singapore Free Trade Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(14)
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    (14) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 203 of the United States-Australia Free Trade Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(15)
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    (15) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 4033 of this title. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(16)
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    (16) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 202 of the United States-Bahrain Free Trade Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(17)
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    (17) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 202 of the United States-Oman Free Trade Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(18)
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    (18) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 203 of the United States-Peru Trade Promotion Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(19)
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    (19) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 202 of the United States–Korea Free Trade Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(20)
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    (20) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 203 of the United States–Colombia Trade Promotion Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(b)(21)
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    (21) No fee may be charged under subsection (a)(9) or (10) with respect to goods that qualify as originating goods under section 203 of the United States–Panama Trade Promotion Agreement Implementation Act. Any service for which an exemption from such fee is provided by reason of this paragraph may not be funded with money contained in the Customs User Fee Account.
  • 19 U.S.C. § 58c(e)(1)(A)
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    (A) Notwithstanding section 1451 of this title or any other provision of law (other than subparagraph (B) and paragraph (2)), the customs services required to be provided to passengers upon arrival in the United States shall be adequately provided in connection with scheduled airline flights at customs serviced airports when needed and at no cost (other than the fees imposed under subsection (a)) to airlines and airline passengers.
  • 19 U.S.C. § 58c(e)(1)(B)(i)
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    (i) An appropriate officer of U.S. Customs and Border Protection may assign a sufficient number of employees of U.S. Customs and Border Protection (if available) to perform services described in clause (ii) for a charter air carrier (as defined in section 40102 of title 49) for a charter flight arriving after normal operating hours at an airport that is an established port of entry serviced by U.S. Customs and Border Protection, notwithstanding that overtime funds for those services are not available, if the charter air carrier—
    (I) not later than 4 hours before the flight arrives, specifically requests that such services be provided; and
    (II) pays any overtime fees incurred in connection with such services.
  • 19 U.S.C. § 58c(e)(1)(B)(i)(I)
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    (I) not later than 4 hours before the flight arrives, specifically requests that such services be provided; and
  • 19 U.S.C. § 58c(e)(1)(B)(i)(II)
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    (II) pays any overtime fees incurred in connection with such services.
  • 19 U.S.C. § 58c(e)(1)(B)(ii)
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    (ii) Services described in this clause are customs services for passengers and their baggage or any other similar service that could lawfully be performed during regular hours of operation.
  • 19 U.S.C. § 58c(e)(3)(A)
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    (A) the customs services required to be provided to passengers upon arrival in the United States shall be adequately provided in connection with scheduled airline flights when needed at places located outside the customs territory of the United States at which a customs officer is stationed for the purpose of providing such customs services, and
  • 19 U.S.C. § 58c(e)(3)(B)
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    (B) other than the fees imposed under subsection (a), the airlines and airline passengers shall not be required to reimburse the Secretary of the Treasury for the costs of providing overtime customs inspectional services at such places.
  • 19 U.S.C. § 58c(e)(4)
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    (4) Notwithstanding any other provision of law, all customs services (including, but not limited to, normal and overtime clearance and preclearance services) shall be adequately provided, when requested, for—
    (A) the clearance of any commercial vessel, vehicle, or aircraft or its passengers, crew, stores, material, or cargo arriving, departing, or transiting the United States;
    (B) the preclearance at any customs facility outside the United States of any commercial vessel, vehicle or aircraft or its passengers, crew, stores, material, or cargo; and
    (C) the inspection or release of commercial cargo or other commercial shipments being entered into, or withdrawn from, the customs territory of the United States.
  • 19 U.S.C. § 58c(e)(5)
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    (5) For purposes of this subsection, customs services shall be treated as being “adequately provided” if such of those services that are necessary to meet the needs of parties subject to customs inspection are provided in a timely manner taking into account factors such as—
    (A) the unavoidability of weather, mechanical, and other delays;
    (B) the necessity for prompt and efficient passenger and baggage clearance;
    (C) the perishability of cargo;
    (D) the desirability or unavoidability of late night and early morning arrivals from various time zones;
    (E) the availability (in accordance with regulations prescribed under subsection (g)(2)) of customs personnel and resources; and
    (F) the need for specific enforcement checks.
  • 19 U.S.C. § 58c(e)(6)(A)(i)
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    (i) cargo inspection, clearance, or other customs activity, expense, or service performed (regardless whether performed outside of normal business hours on an overtime basis), or
  • 19 U.S.C. § 58c(e)(6)(B)
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    (B) for any preclearance or other customs activity, expense, or service performed, and any customs personnel provided, outside the United States in connection with the departure of any commercial vessel, vehicle, or aircraft, or its passengers, crew, stores, material, or cargo, for the United States; or
  • 19 U.S.C. § 58c(e)(6)(C)(i)
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    (i) the activation or operation (including Customs Service supervision) of any foreign trade zone or subzone established under the Act of June 18, 1934 (commonly known as the Foreign Trade Zones Act, 19 U.S.C. 81a et seq.), or
  • 19 U.S.C. § 58c(e)(6)(C)(ii)
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    (ii) the designation or operation (including Customs Service supervision) of any bonded warehouse under section 1555 of this title.
  • 19 U.S.C. § 58c(f)(2)
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    (2) Except as otherwise provided in this subsection, all funds in the Customs User Fee Account shall be available, to the extent provided for in appropriations Acts, to pay the costs (other than costs for which direct reimbursement under paragraph (3) is required) incurred by the United States Customs Service in conducting customs revenue functions as defined in section 215 of title 6 (other than functions performed by the Office of International Affairs referred to in section 215(8) of title 6), and for automation (including the Automation Commercial Environment computer system), and for no other purpose. To the extent that funds in the Customs User Fee Account are insufficient to pay the costs of such customs revenue functions, customs duties in an amount equal to the amount of such insufficiency shall be available, to the extent provided for in appropriations Acts, to pay the costs of such customs revenue functions in the amount of such insufficiency, and shall be available for no other purpose. The provisions of the first and second sentences of this paragraph specifying the purposes for which amounts in the Customs User Fee Account may be made available shall not be superseded except by a provision of law which specifically modifies or supersedes such provisions. So long as there is a surplus of funds in the Customs User Fee Account, the Secretary of the Treasury may not reduce personnel staffing levels for providing commercial clearance and preclearance services.
  • 19 U.S.C. § 58c(f)(3)(A)(i)(II)
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    (II) paying premium pay under section 267(b) of this title, but the amount for which reimbursement may be made under this subclause may not, for any fiscal year, exceed the difference between the total cost of all the premium pay for such year calculated under section 267(b) of this title and the cost of the night and holiday premium pay that the Customs Service would have incurred for the same inspectional work on the day before August 10, 1993,
  • 19 U.S.C. § 58c(f)(3)(A)(i)(III)
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    (III) paying agency contributions to the Civil Service Retirement and Disability Fund to match deductions from the overtime compensation paid under subclause (I),
  • 19 U.S.C. § 58c(f)(3)(A)(i)(IV)
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    (IV) providing all preclearance services for which the recipients of such services are not required to reimburse the Secretary of the Treasury, and
  • 19 U.S.C. § 58c(f)(3)(A)(ii)
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    (ii) to the extent funds remain available after making reimbursements under clause (i), in providing salaries for full-time and part-time inspectional personnel and equipment that enhance customs services for those persons or entities that are required to pay fees under paragraphs (1) through (8) of subsection (a) (distributed on a basis proportionate to the fees collected under paragraphs (1) through (8) of subsection (a)), and
  • 19 U.S.C. § 58c(f)(3)(A)(iii)
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    (iii) to the extent funds remain available after making reimbursements under clause (ii), in providing salaries for up to 50 full-time equivalent inspectional positions to provide preclearance services.
  • 19 U.S.C. § 58c(f)(3)(C)(ii)(I)
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    (I) the costs of providing the services described in subparagraph (A)(i), and
  • 19 U.S.C. § 58c(f)(3)(C)(iii)(I)
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    (I) the estimated cost for overtime compensation that would have been incurred during that fiscal year for inspectional services if sections 261 and 267 of this title, as in effect before the enactment of section 13811 of the Omnibus Budget Reconciliation Act of 1993, had governed such costs, and
  • 19 U.S.C. § 58c(f)(3)(C)(iii)(II)
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    (II) the actual cost for overtime compensation, premium pay, and agency retirement contributions that is incurred during that fiscal year in regard to inspectional services under section 267 of this title, as amended by section 13811 of the Omnibus Budget Reconciliation Act of 1993, and under section 8331(3) of title 5, as amended by section 13812(a)(1) of such Act of 1993, plus the actual cost that is incurred during that fiscal year for foreign language proficiency awards under section 267a of this title,
  • 19 U.S.C. § 58c(f)(5)
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    (5) Of the amounts collected in fiscal year 1999 under paragraphs (9) and (10) of subsection (a), $50,000,000 shall be available to the Customs Service, subject to appropriations Acts, for automated commercial systems. Amounts made available under this paragraph shall remain available until expended.
  • 19 U.S.C. § 58c(i)
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    (i) Except with respect to customs services for which fees are imposed under subsection (a), nothing in this section shall be construed as affecting the authority of the Secretary of the Treasury to charge fees under section 58a of this title.
  • 19 U.S.C. § 58c(j)(1)
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    (1) Except as otherwise provided in this subsection, the provisions of this section, and the amendments and repeals made by this section, shall apply with respect to customs services rendered after the date that is 90 days after April 7, 1986.
  • 19 U.S.C. § 58c(j)(2)
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    (2) Fees may be charged under subsection (a)(5) only with respect to customs services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after the date that is 90 days after April 7, 1986.
  • 19 U.S.C. § 58c(j)(3)(B)(ii)(I)
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    (I) the Secretary of the Treasury shall charge fees under each such paragraph in amounts that are reasonably related to the costs of providing customs services in connection with the activity or item for which the fee is charged under such paragraph, except that in no case may the fee charged under any such paragraph exceed by more than 10 percent the amount otherwise prescribed by such paragraph;
  • 19 U.S.C. § 58c(j)(3)(B)(ii)(II)
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    (II) the amount of fees collected under such paragraphs may not exceed, in the aggregate, the amounts paid in that fiscal year for the costs described in subsection (f)(3)(A) incurred in providing customs services in connection with the activity or item for which the fees are charged under such paragraphs;
  • 19 U.S.C. § 58c(j)(3)(B)(ii)(III)
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    (III) a fee may not be collected under any such paragraph except to the extent such fee will be expended to pay the costs described in subsection (f)(3)(A) incurred in providing customs services in connection with the activity or item for which the fee is charged under such paragraph; and
  • 19 U.S.C. § 58c(j)(3)(B)(ii)(IV)
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    (IV) any fee collected under any such paragraph shall be available for expenditure only to pay the costs described in subsection (f)(3)(A) incurred in providing customs services in connection with the activity or item for which the fee is charged under such paragraph.
  • 19 U.S.C. § 58c(k)
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    (k) The Commissioner of U.S. Customs and Border Protection shall establish an advisory committee whose membership shall consist of representatives from the airline, cruise ship, and other transportation industries who may be subject to fees under subsection (a). The advisory committee shall not be subject to termination under section 1013 of title 5. The advisory committee shall meet on a periodic basis and shall advise the Commissioner on issues related to the performance of the inspectional services of the United States Customs Service. Such advice shall include, but not be limited to, such issues as the time periods during which such services should be performed, the proper number and deployment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The Commissioner shall give consideration to the views of the advisory committee in the exercise of his or her duties.
  • 19 U.S.C. § 60
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    Every officer of the customs who demands or receives any other or greater fee, compensation, or reward than is allowed by law, for performing any duty or service required from him by law, shall be liable to a penalty of $200 for each offense, recoverable to the use of the party aggrieved.
  • 19 U.S.C. § 68
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    To aid in the enforcement of the customs and immigration laws along the Canadian and Mexican borders and to provide better facilities for such enforcement at points along such borders at which no Federal or other buildings adapted or suitably located for the purpose are available, and for similar purposes in the Virgin Islands of the United States, the Secretary of the Treasury and the Attorney General are hereby authorized to expend, and for similar purposes in Guam the Attorney General is hereby authorized to expend, from the funds appropriated for the general maintenance and operation of the Customs and the Immigration and Naturalization Services, respectively, the necessary amounts for the acquisition of land and the erection of buildings, sheds, and office quarters, including living quarters for officers where none are otherwise available: Provided, That the total amount which may be so expended for any one project, including the site, shall not exceed $200,000 and that where the project is for the joint use of the Customs Service and the Immigration and Naturalization Service, the combined cost of the project, including the site, shall be charged to the two appropriations concerned.
  • 19 U.S.C. § 69
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    The Secretary of the Treasury is authorized to expend, from the funds appropriated for the general maintenance and operation of the Customs Service, such amounts as may be necessary for the erection of protective gates across international highways and roads crossing the Canadian and Mexican borders and for the erection of such fences in the immediate vicinity of such highways and roads as may be necessary to prevent unlawful entry or smuggling.
  • 19 U.S.C. § 81c(e)(2)
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    (2) The person who admits the merchandise described in paragraph (1) into the zone shall, at the time of such admission, certify to the Customs Service that the merchandise is admitted into the zone pursuant to this subsection for use within the zone as production equipment or as parts for such equipment and that the merchandise will be entered and estimated duties deposited when use of the merchandise in production begins.
  • 19 U.S.C. § 81c(e)(3)
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    (3) At the time use of the merchandise in production begins, the merchandise shall be entered, as provided for in section 484 of the Tariff Act of 1930 [19 U.S.C. 1484], and estimated duties shall be deposited with the Customs Service. The merchandise shall be subject to tariff classification according to its character, condition, and quantity, and at the rate of duty applicable, at the time use of the merchandise in production begins.
  • 19 U.S.C. § 81i
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    The Board shall cooperate with the State, subdivision, and municipality in which the zone is located in the exercise of their police, sanitary, and other powers in and in connection with the free zone. It shall also cooperate with the United States Customs Service, the United States Postal Service, the Public Health Service, the Immigration and Naturalization Service, and such other Federal agencies as have jurisdiction in ports of entry described in section 81b of this title.
  • 19 U.S.C. § 81j
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    For the purpose of facilitating the investigations of the Board and its work in the granting of the privilege, in the establishment, operation, and maintenance of a zone, the President may direct the executive departments and other establishments of the Government to cooperate with the Board, and for such purpose each of the several departments and establishments is authorized, upon direction of the President, to furnish to the Board such records, papers, and information in their possession as may be required by him, and temporarily to detail to the service of the Board such officers, experts, or engineers as may be necessary.
  • 19 U.S.C. § 81n
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    Each zone shall be operated as a public utility, and all rates and charges for all services or privileges within the zone shall be fair and reasonable, and the grantee shall afford to all who may apply for the use of the zone and its facilities and appurtenances uniform treatment under like conditions, subject to such treaties or commercial conventions as are now in force or may hereafter be made from time to time by the United States with foreign governments and the cost of maintaining the additional customs service required under this chapter shall be paid by the operator of the zone.
  • 19 U.S.C. § 81r(c)
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    (c) An order under the provisions of this section revoking the grant issued by the Board shall be final and conclusive, unless within ninety days after its service the grantee appeals to the court of appeals for the circuit in which the zone is located by filing with the clerk of said court a written petition praying that the order of the Board be set aside. Such order shall be stayed pending the disposition of appellate proceedings by the court. The clerk of the court in which such a petition is filed shall immediately cause a copy thereof to be delivered to the Board and it shall thereupon file in the court the record in the proceedings held before it under this section, as provided in section 2112 of title 28. The testimony and evidence taken or submitted before the Board, duly certified and filed as a part of the record, shall be considered by the court as the evidence in the case.
  • 19 U.S.C. § 151
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    Under such regulations and conditions as may be prescribed by the Secretary of the Treasury, bonded warehouses may be established in which imported Mexican peas, commonly called garbanzo may be stored, cleaned, repacked or otherwise changed in condition, but not manufactured, and withdrawn for exportation without the payment of duty thereon. The whole or any part of such imported garbanzo, and the waste material and by-products incident to cleaning or otherwise treating said imported garbanzo, may be withdrawn for domestic consumption upon the payment on the quantity so withdrawn of the duty imposed by law on such garbanzo in their condition as imported. The compensation of customs officers and storekeepers for all services in the supervision of such warehouses shall be paid from moneys advanced by the warehouse proprietor to the appropriate customs officer and be carried in a special account and disbursed for such purposes, and all expenses incurred shall be paid by the warehouse proprietor.
  • 19 U.S.C. § 267(c)(1)
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    (1) The aggregate of overtime pay under subsection (a) (including commuting compensation under subsection (a)(2)(B)) and premium pay under subsection (b) that a customs officer may be paid in any fiscal year may not exceed $25,000; except that the Commissioner of U.S. Customs and Border Protection or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Customs Service.
  • 19 U.S.C. § 527
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    Except as otherwise provided by law, all sums received from fines, penalties, and forfeitures, connected with the customs, and from fees paid into the Treasury by customs officers, and from storage, cartage, drayage, labor, and services, shall be covered into the Treasury as are other miscellaneous receipts.
  • 19 U.S.C. § 540
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    In the execution of laws providing for the collection of duties on imports and tonnage, the President, in addition to the Coast Guard vessels in service, may employ in aid thereof such other suitable vessels as may, in his judgment, be required.
  • 19 U.S.C. § 1305(b)(1)
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    (1) the office at which such seizure took place; or
  • 19 U.S.C. § 1305(b)(3)
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    (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 Attorney2 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 Attorney2 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.
  • 19 U.S.C. § 1305(b)(5)(A)
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    (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.
  • 19 U.S.C. § 1305(b)(5)(B)
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    (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.
  • 19 U.S.C. § 1307
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    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.
  • 19 U.S.C. § 1308(a)(3)
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    (3) The term “customs laws of the United States” means any other law or regulation enforced or administered by the United States Customs Service.
  • 19 U.S.C. § 1308(c)(4)
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    (4) 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) 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).
  • 19 U.S.C. § 1311
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    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.
  • 19 U.S.C. § 1312(g)
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    (g) 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.
  • 19 U.S.C. § 1313(c)(1)
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    (1) Upon the exportation or destruction under the supervision of the Customs Service of articles or merchandise—
    (A) upon which the duties have been paid,
    (B) which has been entered or withdrawn for consumption,
    (C) which is—
    (i) not conforming to sample or specifications, shipped without the consent of the consignee, or determined to be defective as of the time of importation, or
    (ii) ultimately sold at retail by the importer, or the person who received the merchandise from the importer, and for any reason returned to and accepted by the importer, or the person who received the merchandise from the importer, and
    (D) which, within 5 years after the date of importation or withdrawal, as applicable, has been exported or destroyed under the supervision of U.S. Customs and Border Protection,
    an amount calculated pursuant to regulations prescribed by the Secretary of the Treasury under subsection (l) shall be refunded as drawback.
  • 19 U.S.C. § 1315(a)
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    (a) 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.
  • 19 U.S.C. § 1315(b)
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    (b) 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.
  • 19 U.S.C. § 1318(b)(1)(A)
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    (A) Eliminate, consolidate, or relocate any office or port of entry of the Customs Service.
  • 19 U.S.C. § 1318(b)(1)(B)
    Go to provision →
    (B) Modify hours of service, alter services rendered at any location, or reduce the number of employees at any location.
  • 19 U.S.C. § 1330(a)
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    (a) 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.
  • 19 U.S.C. § 1330(c)(1)(B)
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    (B) has the longest period of continuous service as a commissioner,
  • 19 U.S.C. § 1330(c)(3)(A)
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    (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.
  • 19 U.S.C. § 1330(c)(3)(C)
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    (C) If any commissioner does not complete a term as chairman or 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).
  • 19 U.S.C. § 1330(c)(4)
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    (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.
  • 19 U.S.C. § 1331(a)(1)(A)(ii)
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    (ii) procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, and
  • 19 U.S.C. § 1331(b)
    Go to provision →
    (b) 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.
  • 19 U.S.C. § 1333(e)
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    (e) 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.
  • 19 U.S.C. § 1337(b)(2)
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    (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.
  • 19 U.S.C. § 1337(n)(2)(C)
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    (C) an officer or employee of the United States Customs Service who is directly involved in administering an exclusion from entry under subsection (d), (e), or (g) resulting from the investigation or related proceeding in connection with which the information is submitted.
  • 19 U.S.C. § 1401(i)
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    (i) The terms “officer of the customs” and “customs officer” mean any officer of the United States Customs Service of the Treasury Department (also hereinafter referred to as the “Customs Service”) or any commissioned, warrant, or petty officer of the Coast Guard, or any agent or other person, including foreign law enforcement officers, authorized by law or designated by the Secretary of the Treasury to perform any duties of an officer of the Customs Service.
  • 19 U.S.C. § 1401(o)
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    (o) The term “electronic entry” means the electronic transmission to the Customs Service of—
    (1) entry information required for the entry of merchandise, and
    (2) entry summary information required for the classification and appraisement of the merchandise, the verification of statistical information, and the determination of compliance with applicable law.
  • 19 U.S.C. § 1401(r)
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    (r) The term “import activity summary statement” refers to data or information transmitted electronically to the Customs Service, in accordance with such regulations as the Secretary prescribes, at the end of a specified period of time which enables the Customs Service to assess properly the duties, taxes and fees on merchandise imported during that period, collect accurate statistics and determine whether any other applicable requirement of law (other than a requirement relating to release from customs custody) is met.
  • 19 U.S.C. § 1401(s)
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    (s) The term “reconciliation” means an electronic process, initiated at the request of an importer, under which the elements of an entry (other than those elements related to the admissibility of the merchandise) that are undetermined at the time the importer files or transmits the documentation or information required by section 1484(a)(1)(B) of this title, or the import activity summary statement, are provided to the Customs Service at a later time. A reconciliation is treated as an entry for purposes of liquidation, reliquidation, recordkeeping, and protest.
  • 19 U.S.C. § 1401a(b)(4)(A)
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    (A) The term “price actually paid or payable” means the total payment (whether direct or indirect, and exclusive of any costs, charges, or expenses incurred for transportation, insurance, and related services incident to the international shipment of the merchandise from the country of exportation to the place of importation in the United States) made, or to be made, for imported merchandise by the buyer to, or for the benefit of, the seller.
  • 19 U.S.C. § 1401a(h)(1)(B)
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    (B) No service or work to which subparagraph (A)(iv) applies shall be treated as an assist for purposes of this section if such service or work—
    (i) is performed by an individual who is domiciled within the United States;
    (ii) is performed by that individual while he is acting as an employee or agent of the buyer of the imported merchandise; and
    (iii) is incidental to other engineering, development, artwork, design work, or plans or sketches that are undertaken within the United States.
  • 19 U.S.C. § 1411(a)(2)(B)
    Go to provision →
    (B) The electronic filing (including remote filing under section 1414 of this title) of entry information with the Customs Service at any location.
  • 19 U.S.C. § 1411(a)(2)(G)
    Go to provision →
    (G) Any other component initiated by the Customs Service to carry out the goals of this subpart.
  • 19 U.S.C. § 1411(b)
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    (b) The Secretary shall by regulation prescribe the eligibility criteria for participation in the Program. The Secretary may, by regulation, require the electronic submission of information described in subsection (a) or any other information required to be submitted to the Customs Service separately pursuant to this subpart.
  • 19 U.S.C. § 1412
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    The goals of the Program are to ensure that all regulations and rulings that are administered or enforced by the Customs Service are administered and enforced in a manner that—
  • 19 U.S.C. § 1413(a)(2)(B)(ii)
    Go to provision →
    (ii) Customs Service occupations, operations, processes, and systems.
  • 19 U.S.C. § 1414(a)(1)
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    (1) A Program participant may file electronically an entry of merchandise with the Customs Service from a location other than the district designated in the entry for examination (hereafter in this section referred to as a “remote location”) if—
    (A) the Customs Service is satisfied that the participant has the capabilities referred to in paragraph (2)(A) regarding such method of filing; and
    (B) the participant elects to file from the remote location.
  • 19 U.S.C. § 1414(a)(1)(A)
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    (A) the Customs Service is satisfied that the participant has the capabilities referred to in paragraph (2)(A) regarding such method of filing; and
  • 19 U.S.C. § 1414(a)(2)(A)(iii)
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    (iii) The electronic transmission of invoice information (when required by the Customs Service).
  • 19 U.S.C. § 1414(a)(2)(B)
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    (B) The Customs Service may not permit any exemption or waiver from the requirements established by this section for participation in remote entry filing.
  • 19 U.S.C. § 1414(b)(1)
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    (1) A Program participant that is eligible under subsection (a) to file entry information from a remote location may, if the Customs Service is satisfied that the participant meets the requirements under paragraph (2), also electronically file from the remote location additional information that is required by the Customs Service to be presented before the acceptance of entry summary information and at the time of acceptance of entry summary information.
  • 19 U.S.C. § 1414(b)(3)(A)
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    (A) A Program participant that is eligible under paragraph (1) to file additional information from a remote location shall electronically file all such information that the Customs Service can accept electronically.
  • 19 U.S.C. § 1414(b)(3)(B)
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    (B) If the Customs Service cannot accept additional information electronically, the Program participant shall file the paper documentation with respect to the information at the appropriate filing location.
  • 19 U.S.C. § 1414(b)(3)(C)(ii)(II)
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    (II) if the paper documentation is not required for release, a remote location designated by the Customs Service or a designated location.
  • 19 U.S.C. § 1414(c)
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    (c) A Program participant that is eligible to file electronically entry information under subsection (a) and additional information under subsection (b) from a remote location may file at any remote location designated by the Customs Service any information required by the Customs Service after entry summary.
  • 19 U.S.C. § 1415(a)(1)(A)
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    (A) Subject to paragraphs (2) and (3), the Secretary is authorized to promulgate regulations providing for the transmission to the Customs Service, through an electronic data interchange system, of information pertaining to cargo to be brought into the United States or to be sent from the United States, prior to the arrival or departure of the cargo.
  • 19 U.S.C. § 1415(a)(2)
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    (2) The cargo information required by the regulations promulgated pursuant to paragraph (1) under the parameters set forth in paragraph (3) shall be such information on cargo as the Secretary determines to be reasonably necessary to ensure cargo safety and security pursuant to those laws enforced and administered by the Customs Service. The Secretary shall provide to appropriate Federal departments and agencies cargo information obtained pursuant to paragraph (1).
  • 19 U.S.C. § 1415(a)(3)(E)
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    (E) The regulations shall take into account the extent to which the technology necessary for parties to transmit and the Customs Service to receive and analyze data in a timely fashion is available. To the extent that the Secretary determines that the necessary technology will not be widely available to particular modes of transportation or other affected parties until after promulgation of the regulations, the regulations shall provide interim requirements appropriate for the technology that is available at the time of promulgation.
  • 19 U.S.C. § 1415(a)(3)(G)
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    (G) The regulations shall protect the privacy of business proprietary and any other confidential cargo information provided to the Customs Service pursuant to such regulations, except for the manifest information collected pursuant to section 431 of the Tariff Act of 1930 [19 U.S.C. 1431] and required to be available for public disclosure pursuant to section 431(c) of such Act..1
  • 19 U.S.C. § 1415(a)(3)(K)(i)
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    (i) The Secretary shall prescribe regulations requiring the United States Postal Service to transmit the information described in paragraphs (1) and (2) to the Commissioner of U.S. Customs and Border Protection for international mail shipments by the Postal Service (including shipments to the Postal Service from foreign postal operators that are transported by private carrier) consistent with the requirements of this subparagraph.
  • 19 U.S.C. § 1415(a)(3)(K)(iv)(II)(cc)
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    (cc) the capacities of foreign postal operators to provide that information to the Postal Service.
  • 19 U.S.C. § 1415(a)(3)(K)(v)(I)
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    (I) Notwithstanding clause (iv), the Postal Service shall, not later than December 31, 2018, arrange for the transmission to the Commissioner of the information described in paragraphs (1) and (2) for not less than 70 percent of the aggregate number of mail shipments, including 100 percent of mail shipments from the People’s Republic of China, described in clause (i).
  • 19 U.S.C. § 1415(a)(3)(K)(v)(II)(bb)
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    (bb) identifying recommendations to improve the collection by the Postal Service of the information described in paragraphs (1) and (2).
  • 19 U.S.C. § 1415(a)(3)(K)(vi)(I)
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    (I) Notwithstanding clause (iv), the Postal Service shall, not later than December 31, 2020, arrange for the transmission to the Commissioner of the information described in paragraphs (1) and (2) for 100 percent of the aggregate number of mail shipments described in clause (i).
  • 19 U.S.C. § 1415(a)(4)
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    (4) Pursuant to paragraph (2), not later than 1 year after August 10, 2005, the Secretary of Homeland Security, after consultation with the Secretary of the Treasury, shall establish an electronic data interchange system through which the United States Customs and Border Protection shall transmit to the Internal Revenue Service information pertaining to cargoes of any taxable fuel (as defined in section 4083 of title 26) that the United States Customs and Border Protection has obtained electronically under its regulations adopted in accordance with paragraph (1). For this purpose, not later than 1 year after August 10, 2005, all filers of required cargo information for such taxable fuels (as so defined) must provide such information to the United States Customs and Border Protection through such electronic data interchange system.
  • 19 U.S.C. § 1415(c)
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    (c) For purposes of this section, the term “Secretary” means the Secretary of the Treasury. If, at the time the regulations required by subsection (a)(1) are promulgated, the Customs Service is no longer located in the Department of the Treasury, then the Secretary of the Treasury shall exercise the authority under subsection (a) jointly with the Secretary of the Department in which the Customs Service is located.
  • 19 U.S.C. § 1431(b)
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    (b) Any manifest required by the Customs Service shall be signed, produced, delivered or electronically transmitted by the master or person in charge of the vessel, aircraft, or vehicle, or by any other authorized agent of the owner or operator of the vessel, aircraft, or vehicle in accordance with the requirements prescribed under subsection (d). A manifest may be supplemented by bill of lading data supplied by the issuer of such bill. If any irregularity of omission or commission occurs in any way in respect to any manifest or bill of lading data, the owner or operator of the vessel, aircraft or vehicle, or any party responsible for such irregularity, shall be liable for any fine or penalty prescribed by law with respect to such irregularity. The Customs Service may take appropriate action against any of the parties.
  • 19 U.S.C. § 1431(d)(2)(A)
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    (A) the Customs Service may require with respect to letters and documents shipments—
    (i) that they be segregated by country of origin, and
    (ii) additional examination procedures that are not necessary for individually manifested shipments;
  • 19 U.S.C. § 1431a(b)(4)
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    (4) The Secretary shall by regulation prescribe the time, manner, and form by which shippers shall transmit documents or information required under this subsection to the Customs Service.
  • 19 U.S.C. § 1431a(d)(1)
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    (1) A vessel carrier shall notify the Customs Service of any cargo tendered to such carrier that is not properly documented pursuant to this section and that has remained in the marine terminal for more than 48 hours after being delivered to the marine terminal, and the location of the cargo in the marine terminal.
  • 19 U.S.C. § 1431a(d)(3)
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    (3) For purposes of this subsection and subsection (f), if merchandise has been tendered to a marine terminal operator and subsequently reassigned for carriage on another vessel, the merchandise shall be considered properly documented if the information provided reflects carriage on the previously assigned vessel and otherwise meets the requirements of subsection (b). Notwithstanding the preceding sentence, it shall be the responsibility of the vessel carrier to notify the Customs Service promptly of any reassignment of merchandise for carriage on a vessel other than the vessel on which the merchandise was originally assigned.
  • 19 U.S.C. § 1431a(f)(2)
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    (2) The shipper of any such cargo is liable to the marine terminal operator and to the ocean carrier for demurrage and other applicable charges for any undocumented cargo which has been notified to or searched or seized by the Customs Service for the entire period the cargo remains under the order and direction of the Customs Service. Unless the cargo is seized by the Customs Service and forfeited, the marine terminal operator and the ocean carrier shall have a lien on the cargo for the amount of the demurrage and other charges.
  • 19 U.S.C. § 1433(d)
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    (d) The master, person in charge of a vehicle, or aircraft pilot shall present, or transmit pursuant to an electronic data interchange system, to the Customs Service such information, data, documents, papers, or manifests as the Secretary may by regulation prescribe.
  • 19 U.S.C. § 1434(b)
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    (b) The Secretary may by regulation permit the master to make preliminary entry of the vessel with the Customs Service in lieu of formal entry or before formal entry is made. In permitting preliminary entry, the Customs Service shall board a sufficient number of vessels to ensure compliance with the laws it enforces.
  • 19 U.S.C. § 1434(c)(3)
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    (3) authorize the Customs Service to permit entry or preliminary entry of any vessel to be made at a place other than a designated port of entry, under such conditions as may be prescribed.
  • 19 U.S.C. § 1436(a)(2)
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    (2) to present or transmit, electronically or otherwise, any forged, altered, or false document, paper, information, data or manifest to the Customs Service under section 1431, 1433(d), or 1434 of this title or section 60105 of title 46 without revealing the facts;
  • 19 U.S.C. § 1436(e)(1)
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    (1) A civil penalty shall be imposed against the United States Postal Service if the Postal Service accepts a shipment in violation of section 1415(a)(3)(K)(vii)(I) of this title.
  • 19 U.S.C. § 1436(e)(2)(A)
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    (A) U.S. Customs and Border Protection shall reduce or dismiss a civil penalty imposed pursuant to paragraph (1) if U.S. Customs and Border Protection determines that the United States Postal Service—
    (i) has a low error rate in compliance with section 1415(a)(3)(K) of this title;
    (ii) is cooperating with U.S. Customs and Border Protection with respect to the violation of section 1415(a)(3)(K)(vii)(I) of this title; or
    (iii) has taken remedial action to prevent future violations of section 1415(a)(3)(K)(vii)(I) of this title.
  • 19 U.S.C. § 1436(e)(2)(B)
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    (B) U.S. Customs and Border Protection shall issue a written notification to the Postal Service with respect to each exercise of the authority of subparagraph (A) to reduce or dismiss a civil penalty imposed pursuant to paragraph (1).
  • 19 U.S.C. § 1436(e)(3)
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    (3) If U.S. Customs and Border Protection determines that the United States Postal Service—
    (A) has repeatedly committed violations of section 1415(a)(3)(K)(vii)(I) of this title,
    (B) has failed to cooperate with U.S. Customs and Border Protection with respect to violations of section 1415(a)(3)(K)(vii)(I) of this title, and
    (C) has an increasing error rate in compliance with section 1415(a)(3)(K) of this title,
    civil penalties may be imposed against the United States Postal Service until corrective action, satisfactory to U.S. Customs and Border Protection, is taken.
  • 19 U.S.C. § 1438
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    It shall not be lawful for any foreign consul to deliver to the master of any foreign vessel the register, or document in lieu thereof, deposited with him in accordance with the provisions of section 1434 of this title, or regulations issued thereunder, until such master shall produce to him a clearance in due form from the Customs Service in the port in which such vessel has entered. Any consul offending against the provisions of this section shall be liable to a fine of not more than $5,000.
  • 19 U.S.C. § 1441(3)(C)
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    (C) the master of the vessel, if there is on board any article required by law to be entered, reports the article to the Customs Service immediately upon arrival.
  • 19 U.S.C. § 1441(4)(C)
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    (C) the master of, and any other person on board, the vessel, if the master or such person has on board any article required by law to be entered or declared, reports such article to the Customs Service immediately upon arrival.
  • 19 U.S.C. § 1441(6)
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    (6) Any vessel required to anchor at the Belle Isle Anchorage in the waters of the Detroit River in the State of Michigan, for the purposes of awaiting the availability of cargo or berthing space or for the purpose of taking on a pilot or awaiting pilot services, or at the direction of the Coast Guard, prior to proceeding to the Port of Toledo, Ohio, where the vessel makes entry under section 1434 of this title or obtains clearance under section 60105 of title 46.
  • 19 U.S.C. § 1447
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    It shall be unlawful to make entry of any vessel or to unlade the cargo or any part thereof of any vessel elsewhere than at a port of entry: Provided, That upon good cause therefor being shown, the Commissioner of U.S. Customs and Border Protection may permit entry of any vessel to be made at a place other than a port of entry designated by him, under such conditions as he shall prescribe: And provided further, That any vessel laden with merchandise in bulk may proceed after entry of such vessel to any place designated by the Secretary of the Treasury for the purpose of unlading such cargo, under the supervision of customs officers if the Customs Service considers the same necessary, and in such case the compensation and expenses of such officers shall be reimbursed to the Government by the party in interest.
  • 19 U.S.C. § 1448(a)
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    (a) Except as provided in section 1441 of this title (relating to vessels not required to enter or clear), no merchandise, passengers, or baggage shall be unladen from any vessel required to make entry under section 1434 of this title, or vehicle required to report arrival under section 1433 of this title, until entry of such vessel or report of the arrival of such vehicle has been made and a permit for the unlading of the same issued or transmitted pursuant to an electronic data interchange system by the Customs Service. After the entry of any vessel or report of the arrival of any vehicle, the Customs Service may issue a permit, electronically pursuant to an authorized electronic data interchange system or otherwise, to the master of the vessel, or to the person in charge of the vehicle, to unlade merchandise or baggage, but except as provided in subdivision (b) of this section merchandise or baggage so unladen shall be retained at the place of unlading until entry therefor is made and a permit for its delivery granted, and the owners of the vessel or vehicle from which any imported merchandise is unladen prior to entry of such merchandise shall be liable for the payment of the duties accruing on any part thereof that may be removed from the place of unlading without a permit therefor having been issued. The owner or master of any vessel or vehicle, or agent thereof, shall notify the Customs Service of any merchandise or baggage so unladen for which entry is not made within the time prescribed by law or regulation. The Secretary shall by regulation prescribe administrative penalties not to exceed $1,000 for each bill of lading for which notice is not given. Any such administrative penalty shall be subject to mitigation and remittance under section 1618 of this title. Such unentered merchandise or baggage shall be the responsibility of the master or person in charge of the importing vessel or vehicle, or agent thereof, until it is removed from the carrier’s control in accordance with section 1490 of this title.
  • 19 U.S.C. § 1449
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    Except as provided in sections 1442 and 1447 of this title (relating to residue cargo and to bulk cargo respectively), merchandise and baggage imported in any vessel by sea shall be unladen at the port of entry to which such vessel is destined, unless (1) such vessel is compelled by any cause to put into another port of entry, and the Customs Service issues a permit for the unlading of such merchandise or baggage at such port, or (2) the Secretary of the Treasury, because of an emergency existing at the port of destination, authorizes such vessel to proceed to another port of entry. Merchandise and baggage so unladen may be entered in the same manner as other imported merchandise or baggage and may be treated as unclaimed merchandise or baggage and stored at the expense and risk of the owner thereof, or may be reladen without entry upon the vessel from which it was unladen for transportation to its destination.
  • 19 U.S.C. § 1451
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    Before any such1 special license to unlade shall be granted, the master, owner, or agent of such1 vessel or vehicle, or the person in charge of such1 vehicle, shall be required to deposit sufficient money to pay, or to give a bond in an amount to be fixed by the Secretary conditioned to pay, the compensation and expenses of the customs officers and employees assigned to duty in connection with such1 unlading at night or on Sunday or a holiday, in accordance with the provisions of section 267 of this title. In lieu of such deposit or bond the owner or agent of any vessel or vehicle or line of vessels or vehicles may execute a bond in an amount to be fixed by the Secretary of the Treasury to cover and include the issuance of special licenses for the unlading of such vessels or vehicles for a period not to exceed one year. Upon a request made by the owner, master, or person in charge of a vessel or vehicle, or by or on behalf of a common carrier or by or on behalf of the owner or consignee of any merchandise or baggage, for overtime services of customs officers or employees at night or on a Sunday or holiday, the appropriate customs officer shall assign sufficient customs officers or employees if available to perform any such services which may lawfully be performed by them during regular hours of business, but only if the person requesting such services deposits sufficient money to pay, or gives a bond in an amount to be fixed by the2 such customs officer, conditioned to pay the compensation and expenses of such customs officers and employees, who shall be entitled to rates of compensation fixed on the same basis and payable in the same manner and upon the same terms and conditions as in the case of customs officers and employees assigned to duty in connection with lading or unlading at night or on Sunday or a holiday. Nothing in this section shall be construed to impair the existing authority of the Treasury Department to assign customs officers or employees to regular tours of duty at nights or on Sundays or holidays when such assignments are in the public interest: Provided, That the provisions of this section, sections 1450 and 1452 of this title, and the provisions of section 267 of this title insofar as such section 267 of this title requires payment of compensation by the master, owner, agent, or consignee of a vessel or conveyance, shall not apply to the owner, operator, or agent of a highway vehicle, bridge, tunnel, or ferry, between the United States and Canada or between the United States and Mexico, nor to the lading or unlading of merchandise, baggage, or persons arriving in or departing from the United States by motor vehicle, trolley car, on foot, or by other means of highway travel upon, over, or through any highway, bridge, tunnel, or ferry. At ports of entry and customs stations where any merchandise, baggage, or persons shall arrive in or depart from the United States by motor vehicle, trolley car, on foot, or by other means of highway travel upon, over, or through any highway, bridge, tunnel, or ferry, between the United States and Canada or between the United States and Mexico, the appropriate customs officer, under such regulations as the Secretary of the Treasury may prescribe, shall assign customs officers and employees to duty at such times during the twenty-four hours of each day, including Sundays and holidays, as the Secretary of the Treasury in his discretion may determine to be necessary to facilitate the inspection and passage of such merchandise, baggage, or persons. Officers and employees assigned to such duty at night or on Sunday or a holiday shall be paid compensation in accordance with existing law as interpreted by the United States Supreme Court in the case of the United States v. Howard C. Myers (320 U.S. 561); but all compensation payable to such customs officers and employees shall be paid by the United States without requiring any license, bond, obligation, financial undertaking, or payment in connection therewith on the part of any owner, operator, or agent of any such highway vehicle, bridge, tunnel, or ferry, or other person. As used in this section, the term “ferry” shall mean a passenger service operated with the use of vessels which arrive in the United States on regular schedules at intervals of at least once each hour during any period in which customs service is to be furnished without reimbursement as above provided.
  • 19 U.S.C. § 1458
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    The limitation of time for unlading shall not extend to vessels laden exclusively with merchandise in bulk consigned to one consignee and arriving at a port for orders, but if the master of such vessel requests a longer time to discharge its cargo, the compensation of the inspectors or other customs officers whose services are required in connection with the unlading shall, for every day consumed in unlading in excess of twenty-five days from the date of the vessel’s entry, be reimbursed by the master or owner of such vessel.
  • 19 U.S.C. § 1467
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    Whenever a vessel from a foreign port or place or from a port or place in any Territory or possession of the United States arrives at a port or place in the United States or the Virgin Islands, whether directly or via another port or place in the United States or the Virgin Islands, the appropriate customs officer for such port or place of arrival may, under such regulations as the Secretary of the Treasury may prescribe and for the purpose of assuring compliance with any law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce, cause inspection, examination, and search to be made of the persons, baggage, and merchandise discharged or unladen from such vessel, whether or not any or all such persons, baggage, or merchandise has previously been inspected, examined, or searched by officers of the customs.
  • 19 U.S.C. § 1484(a)(1)(B)
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    (B) complete the entry, or substitute 1 or more reconfigured entries on an import activity summary statement, by filing with the Customs Service the declared value, classification and rate of duty applicable to the merchandise, and such other documentation or, pursuant to an electronic data interchange system, such other information as is necessary to enable the Customs Service to—
    (i) properly assess duties on the merchandise,
    (ii) collect accurate statistics with respect to the merchandise, and
    (iii) determine whether any other applicable requirement of law (other than a requirement relating to release from customs custody) is met.
  • 19 U.S.C. § 1484(a)(2)(B)
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    (B) When an entry of merchandise is made under this section, the required documentation or information shall be filed or electronically transmitted either by the owner or purchaser of the merchandise or, when appropriately designated by the owner, purchaser, or consignee of the merchandise, a person holding a valid license under section 1641 of this title. When a consignee declares on entry that he is the owner or purchaser of merchandise the Customs Service may, without liability, accept the declaration. For the purposes of this chapter, the importer of record must be one of the parties who is eligible to file the documentation or information required by this section.
  • 19 U.S.C. § 1484(b)(1)
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    (1) A party may elect to file a reconciliation with regard to such entry elements as are identified by the party pursuant to regulations prescribed by the Secretary. If the party so elects, the party shall declare that a reconciliation will be filed. The declaration shall be made in such manner as the Secretary shall prescribe and at the time the documentation or information required by subsection (a)(1)(B) or the import activity summary statement is filed with, or transmitted to, the Customs Service, or at such later time as the Customs Service may, in its discretion, permit. The reconciliation shall be filed by the importer of record at such time and in such manner as the Secretary prescribes but not later than 21 months after the date the importer declares his intent to file the reconciliation. In the case of reconciling issues relating to the assessment of antidumping and countervailing duties, the reconciliation shall be filed not later than 90 days after the date the Customs Service advises the importer that the period of review for antidumping or countervailing duty purposes has been completed. Before filing a reconciliation, an importer of record shall post bond or other security pursuant to such regulations as the Secretary may prescribe.
  • 19 U.S.C. § 1484(c)
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    (c) The Customs Service may permit the entry and release of merchandise from customs custody in accordance with such regulations as the Secretary may prescribe. No officer of the Customs Service shall be liable to any person with respect to the delivery of merchandise released from customs custody in accordance with such regulations.
  • 19 U.S.C. § 1484(d)(1)
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    (1) Entries shall be signed by the importer of record, or his agent, unless filed pursuant to an electronic data interchange system. If electronically filed, each transmission of data shall be certified by an importer of record or his agent, one of whom shall be resident in the United States for purposes of receiving service of process, as being true and correct to the best of his knowledge and belief, and such transmission shall be binding in the same manner and to the same extent as a signed document. The entry shall set forth such facts in regard to the importation as the Secretary may require and shall be accompanied by such invoices, bills of lading, certificates, and documents, or their electronically submitted equivalents, as are required by regulation.
  • 19 U.S.C. § 1484(g)
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    (g) Under such regulations as the Secretary may prescribe, the Customs Service may require a verified statement from the manufacturer or producer showing the cost of producing the imported merchandise, if the Customs Service considers such verification necessary for the appraisement of such merchandise.
  • 19 U.S.C. § 1484(i)(2)(A)
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    (A) use an electronic data interchange approved by the Customs Service—
    (i) to file the entries described in paragraph (1); and
    (ii) to pay the applicable duties, fees, and taxes with respect to the entries; and
  • 19 U.S.C. § 1484(i)(2)(B)
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    (B) satisfy the Customs Service that accounting, transportation, and other controls over the merchandise are adequate to protect the revenue and meet the requirements of other Federal agencies.
  • 19 U.S.C. § 1484(j)
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    (j) In the case of merchandise that is purchased and invoiced as a single entity but—
    (1) is shipped in an unassembled or disassembled condition in separate shipments due to the size or nature of the merchandise, or
    (2) is shipped in separate shipments due to the inability of the carrier to include all of the merchandise in a single shipment (at the instruction of the carrier),
    the Customs Service may, upon application by an importer in advance, treat such separate shipments for entry purposes as a single transaction.
  • 19 U.S.C. § 1484b(c)(1)
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    (1) certifies to the Customs Service that the large yacht is imported pursuant to this section for sale at a boat show in the United States; and
  • 19 U.S.C. § 1484b(d)(1)(A)
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    (A) entry shall be completed and duty (calculated at the applicable rates provided for under subheading 8903.91.00 or 8903.92.00 of the Harmonized Tariff Schedule of the United States and based upon the value of the large yacht at the time of importation) shall be deposited with the Customs Service; and
  • 19 U.S.C. § 1484b(e)(1)(A)
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    (A) entry shall be completed and duty (calculated at the applicable rates provided for under subheading 8903.91.00 or 8903.92.00 of the Harmonized Tariff Schedule of the United States and based upon the value of the large yacht at the time of importation) shall be deposited with the Customs Service; and
  • 19 U.S.C. § 1485(g)
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    (g) With respect to any importation of merchandise to which General Headnote 4(e) of the Harmonized Tariff Schedule of the United States applies, any person who gained any benefit from, or met any obligation to, the United States as a result of the prior exportation of such merchandise shall, in accordance with regulations prescribed by the Secretary, within a reasonable time inform the Customs Service of the return of the merchandise.
  • 19 U.S.C. § 1486(a)
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    (a) The following officers and employees may administer any oaths required or authorized by law or regulations promulgated thereunder in respect of any matter coming before such officers or employees in the performance of their official duties: (1) Any customs officer appointed by the President; (2) the chief assistant of any such officer, or any officer or employee of the customs field service designated for the purpose by such officer or by the Secretary of the Treasury; and (3) any officer or employee of the United States Customs Service designated for the purpose by the Secretary of the Treasury.
  • 19 U.S.C. § 1486(d)
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    (d) The Secretary of the Treasury may by regulation prescribe that any document required by any law administered by the Customs Service to be under oath may be verified by a written declaration in such form as he shall prescribe, such declaration to be in lieu of the oath otherwise required.
  • 19 U.S.C. § 1490(a)(1)(C)
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    (C) in the opinion of the Customs Service, the entry of imported merchandise cannot be made for want of proper documents or other cause; or
  • 19 U.S.C. § 1490(a)(1)(D)
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    (D) the Customs Service believes that any merchandise is not correctly and legally invoiced;
  • 19 U.S.C. § 1490(a)(2)(B)
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    (B) the information and data necessary for entry are transmitted to the Customs Service pursuant to an authorized electronic data interchange system; or
  • 19 U.S.C. § 1490(b)
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    (b) At the request of the consignee of any merchandise, or of the owner or master of the vessel or the person in charge of the vehicle in which the same is imported, any merchandise may be taken possession of by the Customs Service after the expiration of one day after the entry of the vessel or report of the vehicle and may be unladen and held at the risk and expense of the consignee until entry thereof is made.
  • 19 U.S.C. § 1491(a)
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    (a) Any entered or unentered merchandise (except merchandise entered under section 1557 of this title, but including merchandise entered for transportation in bond or for exportation) which shall remain in a bonded warehouse pursuant to section 1490 of this title for 6 months from the date of importation thereof, without all estimated duties, taxes, fees, interest, storage, or other charges thereon having been paid, shall be considered unclaimed and abandoned to the Government and shall be appraised and sold by the Customs Service at public auction under such regulations as the Secretary of the Treasury shall prescribe. All gunpowder and other explosive substances and merchandise liable to depreciation in value by damage, leakage, or other cause to such extent that the proceeds of sale thereof may be insufficient to pay the duties, taxes, fees, interest, storage, and other charges, if permitted to remain in1 pursuant to section 1490 of this title in a bonded warehouse for 6 months, may be sold forthwith, under such regulations as the Secretary of the Treasury may prescribe. Merchandise subject to sale hereunder or under section 1559 of this title may be entered or withdrawn for consumption at any time prior to such sale upon payment of all duties, taxes, fees, interest, storage, and other charges, and expenses that may have accrued thereon, but such merchandise after becoming subject to sale may not be exported prior to sale without the payment of such duties, taxes, fees, interest, charges, and expenses nor may it be entered for warehouse. The computation of duties, taxes, interest, and fees for the purposes of this section and sections 1493 and 1559 of this title shall be at the rate or rates applicable at the time the merchandise becomes subject to sale.
  • 19 U.S.C. § 1491(b)
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    (b) At the end of the 6-month period referred to in subsection (a), the Customs Service may, in lieu of sale of the merchandise, provide notice to all known interested parties that the title to such merchandise shall be considered to vest in the United States free and clear of any liens or encumbrances, on the 30th day after the date of the notice unless, before such 30th day—
    (1) the subject merchandise is entered or withdrawn for consumption; and
    (2) payment is made of all duties, taxes, fees, transfer and storage charges, and other expenses that may have accrued thereon.
  • 19 U.S.C. § 1491(c)
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    (c) If title to any merchandise vests in the United States by operation of subsection (b), such merchandise may be retained by the Customs Service for official use, transferred to any other Federal agency or to any State or local agency, destroyed, or otherwise disposed of in accordance with such regulations as the Secretary shall prescribe. All transfer and storage charges or expenses accruing on retained or transferred merchandise shall be paid by the receiving agency.
  • 19 U.S.C. § 1491(e)
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    (e) All distilled spirits, wines, and malt liquor forfeited to the Government summarily or by order of court, under any provision of law administered by the United States Customs Service, shall be appraised and disposed of by—
    (1) delivery to such Government agencies, as in the opinion of the Secretary have a need for such distilled spirits, wines, and malt liquor for medical, scientific, or mechanical purposes, or for any other official purpose for which appropriated funds may be expended by a Government agency:
    (2) gifts to such eleemosynary institutions as, in the opinion of the Secretary, have a need for such distilled spirits, wines, and malt liquor for medical purposes;
    (3) sale by Customs Service at public auction under such regulations as the Secretary shall prescribe, except that before making any such sale the Secretary shall determine that no Government agency or eleemosynary institution has established a need for such spirits, wines, and malt liquor under paragraph (1) or (2); or
    (4) destruction.
  • 19 U.S.C. § 1491(e)(3)
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    (3) sale by Customs Service at public auction under such regulations as the Secretary shall prescribe, except that before making any such sale the Secretary shall determine that no Government agency or eleemosynary institution has established a need for such spirits, wines, and malt liquor under paragraph (1) or (2); or
  • 19 U.S.C. § 1492
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    Except as provided in R.S. § 3369 (relating to tobacco and snuff), and in section 901 of the Revenue Act of 1926 (relating to distilled spirits), any merchandise abandoned or forfeited to the Government under the preceding or any other provision of the customs laws, which is subject to internal revenue tax and which the Customs Service shall be satisfied will not sell for a sufficient amount to pay such taxes, shall be forthwith destroyed, retained for official use, or otherwise disposed of under regulations to be prescribed by the Secretary of the Treasury, instead of being sold at auction.
  • 19 U.S.C. § 1493
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    The surplus of the proceeds of sales under section 1491 of this title, after the payment of storage charges, expenses, duties, taxes, and fees, and the satisfaction of any lien for freight, charges, or contribution in general average, shall be deposited in the Treasury of the United States, if claim therefor shall not be filed with the Customs Service within ten days from the date of sale, and the sale of such merchandise shall exonerate the master of any vessel in which the merchandise was imported from all claims of the owner thereof, who shall, nevertheless, on due proof of his interest, be entitled to receive from the Treasury the amount of any surplus of the proceeds of sale.
  • 19 U.S.C. § 1499(a)(1)
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    (1) Imported merchandise that is required by law or regulation to be inspected, examined, or appraised shall not be delivered from customs custody (except under such bond or other security as may be prescribed by the Secretary to assure compliance with all applicable laws, regulations, and instructions which the Secretary or the Customs Service is authorized to enforce) until the merchandise has been inspected, appraised, or examined and is reported by the Customs Service to have been truly and correctly invoiced and found to comply with the requirements of the laws of the United States.
  • 19 U.S.C. § 1499(a)(2)
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    (2) The Customs Service—
    (A) shall designate the packages or quantities of merchandise covered by any invoice or entry which are to be opened and examined for the purpose of appraisement or otherwise;
    (B) shall order such packages or quantities to be sent to such place as is designated by the Secretary by regulation for such purpose;
    (C) may require such additional packages or quantities as the Secretary considers necessary for such purpose; and
    (D) shall inspect a sufficient number of shipments, and shall examine a sufficient number of entries, to ensure compliance with the laws enforced by the Customs Service.
  • 19 U.S.C. § 1499(a)(2)(D)
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    (D) shall inspect a sufficient number of shipments, and shall examine a sufficient number of entries, to ensure compliance with the laws enforced by the Customs Service.
  • 19 U.S.C. § 1499(a)(3)
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    (3) If any package contains any article not specified in the invoice or entry and, in the opinion of the Customs Service, the article was omitted from the invoice or entry—
    (A) with fraudulent intent on the part of the seller, shipper, owner, agent, importer of record, or entry filer, the contents of the entire package in which such article is found shall be subject to seizure; or
    (B) without fraudulent intent, the value of the article shall be added to the entry and the duties, fees, and taxes thereon paid accordingly.
  • 19 U.S.C. § 1499(a)(4)
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    (4) If a deficiency is found in quantity, weight, or measure in the examination of any package, the person finding the deficiency shall make a report thereof to the Customs Service. The Customs Service shall make allowance for the deficiency in the liquidation of duties.
  • 19 U.S.C. § 1499(a)(5)
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    (5) If an examination is conducted, any information required for release shall be provided, either electronically or in paper form, to the Customs Service at the port of examination. The absence of such information does not limit the authority of the Customs Service to conduct an examination.
  • 19 U.S.C. § 1499(b)(1)
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    (1) The Customs Service shall establish and implement a procedure, under regulations promulgated by the Secretary, for accrediting private laboratories within the United States which may be used to perform tests (that would otherwise be performed by Customs Service laboratories) to establish the characteristics, quantities, or composition of imported merchandise. Such regulations—
    (A) shall establish the conditions required for the laboratories to receive and maintain accreditation for purposes of this subsection;
    (B) shall establish the conditions regarding the suspension and revocation of accreditation, which may include the imposition of a monetary penalty not to exceed $100,000 and such penalty is in addition to the recovery, from a gauger or laboratory accredited under paragraph (1), of any loss of revenue that may have occurred, but the Customs Service—
    (i) may seek to recover lost revenue only in cases where the gauger or laboratory intentionally falsified the analysis or gauging report in collusion with the importer; and
    (ii) shall neither assess penalties nor seek to recover lost revenue because of a good faith difference of professional opinion; and
    (C) may provide for the imposition of a reasonable charge for accreditation and periodic reaccreditation.
    The collection of any charge for accreditation and reaccreditation under this section is not prohibited by section 58c(e)(6) of this title.
  • 19 U.S.C. § 1499(b)(1)(B)
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    (B) shall establish the conditions regarding the suspension and revocation of accreditation, which may include the imposition of a monetary penalty not to exceed $100,000 and such penalty is in addition to the recovery, from a gauger or laboratory accredited under paragraph (1), of any loss of revenue that may have occurred, but the Customs Service—
    (i) may seek to recover lost revenue only in cases where the gauger or laboratory intentionally falsified the analysis or gauging report in collusion with the importer; and
    (ii) shall neither assess penalties nor seek to recover lost revenue because of a good faith difference of professional opinion; and
  • 19 U.S.C. § 1499(b)(2)
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    (2) A laboratory applying for accreditation, or that is accredited, under this section may contest any decision or order of the Customs Service denying, suspending, or revoking accreditation, or imposing a monetary penalty, by commencing an action in accordance with chapter 169 of title 28 in the Court of International Trade within 60 days after issuance of the decision or order.
  • 19 U.S.C. § 1499(b)(3)
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    (3) When requested by an importer of record of merchandise, the Customs Service shall authorize the release to the importer of a representative sample of the merchandise for testing, at the expense of the importer, by a laboratory accredited under paragraph (1). The testing results from a laboratory accredited under paragraph (1) that are submitted by an importer of record with respect to merchandise in an entry shall, in the absence of testing results obtained from a Customs Service laboratory, be accepted by the Customs Service if the importer of record certifies that the sample tested was taken from the merchandise in the entry. Nothing in this subsection shall be construed to limit in any way or preclude the authority of the Customs Service to test or analyze any sample or merchandise independently.
  • 19 U.S.C. § 1499(b)(4)
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    (4) Testing procedures and methodologies used by the Customs Service, and information resulting from any testing conducted by the Customs Service, shall be made available as follows:
    (A) Testing procedures and methodologies shall be made available upon request to any person unless the procedures or methodologies are—
    (i) proprietary to the holder of a copyright or patent related to such procedures or methodologies, or
    (ii) developed by the Customs Service for enforcement purposes.
    (B) Information resulting from testing shall be made available upon request to the importer of record and any agent thereof unless the information reveals information which is—
    (i) proprietary to the holder of a copyright or patent; or
    (ii) developed by the Customs Service for enforcement purposes.
  • 19 U.S.C. § 1499(b)(4)(A)(ii)
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    (ii) developed by the Customs Service for enforcement purposes.
  • 19 U.S.C. § 1499(b)(4)(B)(ii)
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    (ii) developed by the Customs Service for enforcement purposes.
  • 19 U.S.C. § 1499(b)(5)(B)
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    (B) accreditation of private laboratories extends only to the performance of functions by such laboratories that are within the scope of those responsibilities for determinations of the elements relating to admissibility, quantity, composition, or characteristics of imported merchandise that are vested in, or delegated to, the Customs Service.
  • 19 U.S.C. § 1499(c)
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    (c) Except in the case of merchandise with respect to which the determination of admissibility is vested in an agency other than the Customs Service, the following apply:
    (1) Within the 5-day period (excluding weekends and holidays) following the date on which merchandise is presented for customs examination, the Customs Service shall decide whether to release or detain the merchandise. Merchandise which is not released within such 5-day period shall be considered to be detained merchandise.
    (2) The Customs Service shall issue a notice to the importer or other party having an interest in detained merchandise no later than 5 days, excluding weekends and holidays, after the decision to detain the merchandise is made. The notice shall advise the importer or other interested party of—
    (A) the initiation of the detention;
    (B) the specific reason for the detention;
    (C) the anticipated length of the detention;
    (D) the nature of the tests or inquiries to be conducted; and
    (E) the nature of any information which, if supplied to the Customs Service, may accelerate the disposition of the detention.
    (3) Upon request by the importer or other party having an interest in detained merchandise, the Customs Service shall provide the party with copies of the results of any testing conducted by the Customs Service on the merchandise and a description of the testing procedures and methodologies (unless such procedures or methodologies are proprietary to the holder of a copyright or patent or were developed by the Customs Service for enforcement purposes). The results and test description shall be in sufficient detail to permit the duplication and analysis of the testing and the results.
    (4) If otherwise provided by law, detained merchandise may be seized and forfeited.
    (A) The failure by the Customs Service to make a final determination with respect to the admissibility of detained merchandise within 30 days after the merchandise has been presented for customs examination, or such longer period if specifically authorized by law, shall be treated as a decision of the Customs Service to exclude the merchandise for purposes of section 1514(a)(4) of this title.
    (B) For purposes of section 1581 of title 28, a protest against the decision to exclude the merchandise which has not been allowed or denied in whole or in part before the 30th day after the day on which the protest was filed shall be treated as having been denied on such 30th day.
    (C) Notwithstanding section 2639 of title 28, once an action respecting a detention is commenced, unless the Customs Service establishes by a preponderance of the evidence that an admissibility decision has not been reached for good cause, the court shall grant the appropriate relief which may include, but is not limited to, an order to cancel the detention and release the merchandise.
  • 19 U.S.C. § 1499(c)(1)
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    (1) Within the 5-day period (excluding weekends and holidays) following the date on which merchandise is presented for customs examination, the Customs Service shall decide whether to release or detain the merchandise. Merchandise which is not released within such 5-day period shall be considered to be detained merchandise.
  • 19 U.S.C. § 1499(c)(2)
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    (2) The Customs Service shall issue a notice to the importer or other party having an interest in detained merchandise no later than 5 days, excluding weekends and holidays, after the decision to detain the merchandise is made. The notice shall advise the importer or other interested party of—
    (A) the initiation of the detention;
    (B) the specific reason for the detention;
    (C) the anticipated length of the detention;
    (D) the nature of the tests or inquiries to be conducted; and
    (E) the nature of any information which, if supplied to the Customs Service, may accelerate the disposition of the detention.
  • 19 U.S.C. § 1499(c)(2)(E)
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    (E) the nature of any information which, if supplied to the Customs Service, may accelerate the disposition of the detention.
  • 19 U.S.C. § 1499(c)(3)
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    (3) Upon request by the importer or other party having an interest in detained merchandise, the Customs Service shall provide the party with copies of the results of any testing conducted by the Customs Service on the merchandise and a description of the testing procedures and methodologies (unless such procedures or methodologies are proprietary to the holder of a copyright or patent or were developed by the Customs Service for enforcement purposes). The results and test description shall be in sufficient detail to permit the duplication and analysis of the testing and the results.
  • 19 U.S.C. § 1499(c)(5)(A)
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    (A) The failure by the Customs Service to make a final determination with respect to the admissibility of detained merchandise within 30 days after the merchandise has been presented for customs examination, or such longer period if specifically authorized by law, shall be treated as a decision of the Customs Service to exclude the merchandise for purposes of section 1514(a)(4) of this title.
  • 19 U.S.C. § 1499(c)(5)(C)
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    (C) Notwithstanding section 2639 of title 28, once an action respecting a detention is commenced, unless the Customs Service establishes by a preponderance of the evidence that an admissibility decision has not been reached for good cause, the court shall grant the appropriate relief which may include, but is not limited to, an order to cancel the detention and release the merchandise.
  • 19 U.S.C. § 1500
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    The Customs Service shall, under rules and regulations prescribed by the Secretary—
  • 19 U.S.C. § 1504(a)(2)(B)
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    (B) An entry or claim for drawback whose designated or identified import entries have not been liquidated and become final within the 1-year period described in subparagraph (A), or within the 1-year period described in subparagraph (C), shall be deemed liquidated upon the deposit of estimated duties on the unliquidated imported merchandise, and upon the filing with the Customs Service of a written request for the liquidation of the drawback entry or claim. Such a request must include a waiver of any right to payment or refund under other provisions of law. The Secretary of the Treasury shall prescribe any necessary regulations for the purpose of administering this subparagraph.
  • 19 U.S.C. § 1504(b)(1)
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    (1) the information needed for the proper appraisement or classification of the imported or withdrawn merchandise, or for determining the correct drawback amount, or for ensuring compliance with applicable law, is not available to the Customs Service; or
  • 19 U.S.C. § 1504(d)
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    (d) Except as provided in section 1675(a)(3) of this title, when a suspension required by statute or court order is removed, the Customs Service shall liquidate the entry, unless liquidation is extended under subsection (b), within 6 months after receiving notice of the removal from the Department of Commerce, other agency, or a court with jurisdiction over the entry. Any entry (other than an entry with respect to which liquidation has been extended under subsection (b)) not liquidated by the Customs Service within 6 months after receiving such notice shall be treated as having been liquidated at the rate of duty, value, quantity, and amount of duty asserted by the importer of record or (in the case of a drawback entry or claim) at the drawback amount asserted by the drawback claimant.
  • 19 U.S.C. § 1505(a)
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    (a) Unless the entry is subject to a periodic payment referred to in this subsection or the merchandise is entered for warehouse or transportation, or under bond, the importer of record shall deposit with the Customs Service at the time of entry, or at such later time as the Secretary may prescribe by regulation (but not later than 12 working days after entry or release) the amount of duties and fees estimated to be payable on such merchandise. As soon as a periodic payment module of the Automated Commercial Environment is developed, but no later than October 1, 2004, the Secretary shall promulgate regulations, after testing the module, permitting a participating importer of record to deposit estimated duties and fees for entries of merchandise, other than merchandise entered for warehouse, transportation, or under bond, no later than the 15 working days following the month in which the merchandise is entered or released, whichever comes first.
  • 19 U.S.C. § 1505(b)
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    (b) The Customs Service shall collect any increased or additional duties and fees due, together with interest thereon, or refund any excess moneys deposited, together with interest thereon, as determined on a liquidation or reliquidation. Duties, fees, and interest determined to be due upon liquidation or reliquidation are due 30 days after issuance of the bill for such payment. Refunds of excess moneys deposited, together with interest thereon, shall be paid within 30 days of liquidation or reliquidation.
  • 19 U.S.C. § 1506(1)
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    (1) Where the importer abandons to the United States, within thirty days after entry in the case of merchandise released without an examination, or within thirty days after the release in the case of merchandise sent to the Customs Service for examination, any imported merchandise representing 5 per centum or more of the total value of all the merchandise of the same class or kind entered in the invoice or entry in which the item appears, and delivers, within the applicable thirty-day period, the portion so abandoned to such place as the Customs Service directs unless the Customs Service is satisfied that the merchandise is so far destroyed as to be nondeliverable;
  • 19 U.S.C. § 1506(2)
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    (2) Where fruit or other perishable merchandise has been condemned at the port of entry, within ten days after landing, by the health officers or other legally constituted authorities, and the consignee, within five days after such condemnation, files, electronically or otherwise, with the Customs Service notice thereof, an invoiced description and the location thereof, and the name of the vessel or vehicle in which imported.
  • 19 U.S.C. § 1509(a)
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    (a) In any investigation or inquiry conducted for the purpose of ascertaining the correctness of any entry, for determining the liability of any person for duty, fees and taxes due or duties, fees and taxes which may be due the United States, for determining liability for fines and penalties, or for insuring compliance with the laws of the United States administered by the United States Customs Service, the Secretary (but no delegate of the Secretary below the rank of district director or special agent in charge) may—
    (1) examine, or cause to be examined, upon reasonable notice, any record (which for purposes of this section, includes, but is not limited to, any statement, declaration, document, or electronically generated or machine readable data) described in the notice with reasonable specificity, which may be relevant to such investigation or inquiry, except that—
    (A) if such record is required by law or regulation for the entry of the merchandise (whether or not the Customs Service required its presentation at the time of entry) it shall be provided to the Customs Service within a reasonable time after demand for its production is made, taking into consideration the number, type, and age of the item demanded; and
    (B) if a person of whom demand is made under subparagraph (A) fails to comply with the demand, the person may be subject to penalty under subsection (g);
    (2) summon, upon reasonable notice—
    (A) the person who—
    (i) imported, or knowingly caused to be imported, merchandise into the customs territory of the United States, or a vehicle producer whose good is subject to a claim of preferential tariff treatment under the USMCA (as defined in section 4502 of this title),
    (ii) exported merchandise, or knowingly caused merchandise to be exported, to a USMCA country (as defined in section 4502 of this title) or to Canada during such time as the United States-Canada Free-Trade Agreement is in force with respect to, and the United States applies that Agreement to, Canada,
    (iii) transported or stored merchandise that was or is carried or held under customs bond, or knowingly caused such transportation or storage, or
    (iv) filed a declaration, entry, or drawback claim with the Customs Service;
    (B) any officer, employee, or agent of any person described in subparagraph (A);
    (C) any person having possession, custody or care of records relating to the importation or other activity described in subparagraph (A); or
    (D) any other person he may deem proper;
    to appear before the appropriate customs officer at the time and place within the customs territory of the United States specified in the summons (except that no witness may be required to appear at any place more than one hundred miles distant from the place where he was served with the summons), to produce records, as defined in subsection (d)(1)(A), and to give such testimony, under oath, as may be relevant to such investigation or inquiry; and
    (3) take, or cause to be taken, such testimony of the person concerned, under oath, as may be relevant to such investigation or inquiry.
  • 19 U.S.C. § 1509(a)(1)(A)
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    (A) if such record is required by law or regulation for the entry of the merchandise (whether or not the Customs Service required its presentation at the time of entry) it shall be provided to the Customs Service within a reasonable time after demand for its production is made, taking into consideration the number, type, and age of the item demanded; and
  • 19 U.S.C. § 1509(a)(2)(A)(iv)
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    (iv) filed a declaration, entry, or drawback claim with the Customs Service;
  • 19 U.S.C. § 1509(b)(1)
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    (1) In conducting a regulatory audit under this section (which does not include a quantity verification for a customs bonded warehouse or general purpose foreign trade zone), the Customs Service auditor shall provide the person being audited, in advance of the audit, with a reasonable estimate of the time to be required for the audit. If in the course of an audit it becomes apparent that additional time will be required, the Customs Service auditor shall immediately provide a further estimate of such additional time.
  • 19 U.S.C. § 1509(b)(2)
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    (2) Before commencing an audit, the Customs Service auditor shall inform the party to be audited of his right to an entry conference at which time the purpose will be explained and an estimated termination date set. Upon completion of on-site audit activities, the Customs Service auditor shall schedule a closing conference to explain the preliminary results of the audit.
  • 19 U.S.C. § 1509(b)(3)
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    (3) Except as provided in paragraph (5), if the estimated or actual termination date for an audit passes without the Customs Service auditor providing a closing conference to explain the results of the audit, the person being audited may petition in writing for such a conference to the officer designated pursuant to regulations, who, upon receipt of such a request, shall provide for such a conference to be held within 15 days after the date of receipt.
  • 19 U.S.C. § 1509(b)(4)
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    (4) Except as provided in paragraph (5), the Customs Service auditor shall complete the formal written audit report within 90 days following the closing conference unless the officer designated pursuant to regulations provides written notice to the person being audited of the reason for any delay and the anticipated completion date. After application of any exemption contained in section 552 of title 5, a copy of the formal written audit report shall be sent to the person audited no later than 30 days following completion of the report.
  • 19 U.S.C. § 1509(b)(5)
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    (5) Paragraphs (3) and (4) shall not apply after the Customs Service commences a formal investigation with respect to the issue involved.
  • 19 U.S.C. § 1509(b)(6)(A)
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    (A) If during the course of any audit concluded under this subsection, the Customs Service identifies overpayments of duties or fees or over-declarations of quantities or values that are within the time period and scope of the audit that the Customs Service has defined, then in calculating the loss of revenue or monetary penalties under section 1592 of this title, the Customs Service shall treat the overpayments or over-declarations on finally liquidated entries as an offset to any underpayments or underdeclarations also identified on finally liquidated entries, if such overpayments or over-declarations were not made by the person being audited for the purpose of violating any provision of law.
  • 19 U.S.C. § 1509(c)
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    (c) A summons issued pursuant to this section may be served by any person designated in the summons to serve it. Service upon a natural person may be made by personal delivery of the summons to him. Service may be made upon a domestic or foreign corporation or upon a partnership or other unincorporated association which is subject to suit under a common name, by delivering the summons to an officer, or managing or general agent, or to any other agent authorized by appointment or by law to receive service of process. The certificate of service signed by the person serving the summons is prima facie evidence of the facts it states on the hearing of an application for the enforcement of the summons. When the summons requires the production of records, such records shall be described in the summons with reasonable specificity.
  • 19 U.S.C. § 1509(e)
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    (e) The Customs Service shall identify and publish a list of the records or entry information that is required to be maintained and produced under subsection (a)(1)(A).
  • 19 U.S.C. § 1509(f)(1)
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    (1) After consultation with the importing community, the Customs Service shall by regulation establish a recordkeeping compliance program which the parties listed in section 1508(a) of this title may participate in after being certified by the Customs Service under paragraph (2). Participation in the recordkeeping compliance program by recordkeepers is voluntary.
  • 19 U.S.C. § 1509(f)(2)
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    (2) A recordkeeper may be certified as a participant in the recordkeeping compliance program after meeting the general recordkeeping requirements established under the program or after negotiating an alternative program suited to the needs of the recordkeeper and the Customs Service. Certification requirements shall take into account the size and nature of the importing business and the volume of imports. In order to be certified, the recordkeeper must be able to demonstrate that it—
    (A) understands the legal requirements for recordkeeping, including the nature of the records required to be maintained and produced and the time periods involved;
    (B) has in place procedures to explain the recordkeeping requirements to those employees who are involved in the preparation, maintenance, and production of required records;
    (C) has in place procedures regarding the preparation and maintenance of required records, and the production of such records to the Customs Service;
    (D) has designated a dependable individual or individuals to be responsible for recordkeeping compliance under the program and whose duties include maintaining familiarity with the recordkeeping requirements of the Customs Service;
    (E) has a record maintenance procedure approved by the Customs Service for original records, or, if approved by the Customs Service, for alternative records or recordkeeping formats other than the original records; and
    (F) has procedures for notifying the Customs Service of occurrences of variances to, and violations of, the requirements of the recordkeeping compliance program or the negotiated alternative programs, and for taking corrective action when notified by the Customs Service of violations or problems regarding such program.
  • 19 U.S.C. § 1509(f)(2)(C)
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    (C) has in place procedures regarding the preparation and maintenance of required records, and the production of such records to the Customs Service;
  • 19 U.S.C. § 1509(f)(2)(D)
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    (D) has designated a dependable individual or individuals to be responsible for recordkeeping compliance under the program and whose duties include maintaining familiarity with the recordkeeping requirements of the Customs Service;
  • 19 U.S.C. § 1509(f)(2)(E)
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    (E) has a record maintenance procedure approved by the Customs Service for original records, or, if approved by the Customs Service, for alternative records or recordkeeping formats other than the original records; and
  • 19 U.S.C. § 1509(f)(2)(F)
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    (F) has procedures for notifying the Customs Service of occurrences of variances to, and violations of, the requirements of the recordkeeping compliance program or the negotiated alternative programs, and for taking corrective action when notified by the Customs Service of violations or problems regarding such program.
  • 19 U.S.C. § 1509(g)(2)(C)
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    (C) In addition to any penalty imposed under subparagraph (A) or (B) regarding demanded information, if such information related to the eligibility of merchandise for a column 1 special rate of duty under title I, the entry of such merchandise—
    (i) if unliquidated, shall be liquidated at the applicable column 1 general rate of duty; or
    (ii) if liquidated within the 2-year period preceding the date of the demand, shall be reliquidated, notwithstanding the time limitation in section 1514 or 1520 of this title, at the applicable column 1 general rate of duty;
    except that any liquidation or reliquidation under clause (i) or (ii) shall be at the applicable column 2 rate of duty if the Customs Service demonstrates that the merchandise should be dutiable at such rate.
  • 19 U.S.C. § 1509(g)(3)(B)
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    (B) on the basis of other evidence satisfactory to the Customs Service, that the demand was substantially complied with; or
  • 19 U.S.C. § 1509(g)(3)(C)
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    (C) the information demanded was presented to and retained by the Customs Service at the time of entry or submitted in response to an earlier demand.
  • 19 U.S.C. § 1509(g)(6)
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    (6) Nothing in this subsection shall limit or preclude the Customs Service from issuing, or seeking the enforcement of, a customs summons.
  • 19 U.S.C. § 1509(g)(7)(A)
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    (A) When a recordkeeper who—
    (i) has been certified as a participant in the recordkeeping compliance program under subsection (f); and
    (ii) is generally in compliance with the appropriate procedures and requirements of the program;
    does not produce a demanded record or information for a specific release or provide the information by acceptable alternative means, the Customs Service, in the absence of willfulness or repeated violations, shall issue a written notice of the violation to the recordkeeper in lieu of a monetary penalty. Repeated violations by the recordkeeper may result in the issuance of penalties and removal of certification under the program until corrective action, satisfactory to the Customs Service, is taken.
  • 19 U.S.C. § 1509(g)(7)(C)
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    (C) Within a reasonable time after receiving written notice under subparagraph (A), the recordkeeper shall notify the Customs Service of the steps it has taken to prevent a recurrence of the violation.
  • 19 U.S.C. § 1514(a)
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    (a) Except as provided in subsection (b) of this section, section 1501 of this title (relating to voluntary reliquidations), section 1516 of this title (relating to petitions by domestic interested parties), section 1520 of this title (relating to refunds), and section 6501 of title 26 (but only with respect to taxes imposed under chapters 51 and 52 of such title), any clerical error, mistake of fact, or other inadvertence, whether or not resulting from or contained in an electronic transmission, adverse to the importer, in any entry, liquidation, or reliquidation, and, decisions of the Customs Service, including the legality of all orders and findings entering into the same, as to—
    (1) the appraised value of merchandise;
    (2) the classification and rate and amount of duties chargeable;
    (3) all charges or exactions of whatever character within the jurisdiction of the Secretary of the Treasury;
    (4) the exclusion of merchandise from entry or delivery or a demand for redelivery to customs custody under any provision of the customs laws, except a determination appealable under section 1337 of this title;
    (5) the liquidation or reliquidation of an entry, or reconciliation as to the issues contained therein, or any modification thereof, including the liquidation of an entry, pursuant to either section 1500 of this title or section 1504 of this title;
    (6) the refusal to pay a claim for drawback; or
    (7) the refusal to reliquidate an entry under subsection (d) of section 1520 of this title;
    shall be final and conclusive upon all persons (including the United States and any officer thereof) unless a protest is filed in accordance with this section, or unless a civil action contesting the denial of a protest, in whole or in part, is commenced in the United States Court of International Trade in accordance with chapter 169 of title 28 within the time prescribed by section 2636 of that title. When a judgment or order of the United States Court of International Trade has become final, the papers transmitted shall be returned, together with a copy of the judgment or order to the Customs Service, which shall take action accordingly.
  • 19 U.S.C. § 1514(b)
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    (b) With respect to determinations made under section 13031 of this title or subtitle IV of this chapter which are reviewable under section 1516a of this title, determinations of the Customs Service are final and conclusive upon all persons (including the United States and any officer thereof) unless a civil action contesting a determination listed in section 1516a of this title is commenced in the United States Court of International Trade, or review by a binational panel of a determination to which section 1516a(g)(2) of this title applies is commenced pursuant to section 1516a(g) of this title.
  • 19 U.S.C. § 1514(c)(3)
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    (3) A protest of a decision, order, or finding described in subsection (a) shall be filed with the Customs Service within 180 days after but not before—
    (A) date of liquidation or reliquidation, or
    (B) in circumstances where subparagraph (A) is inapplicable, the date of the decision as to which protest is made.
    A protest by a surety which has an unsatisfied legal claim under its bond may be filed within 180 days from the date of mailing of notice of demand for payment against its bond. If another party has not filed a timely protest, the surety’s protest shall certify that it is not being filed collusively to extend another authorized person’s time to protest as specified in this subsection.
  • 19 U.S.C. § 1514(d)
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    (d) The reliquidation of an entry shall not open such entry so that a protest may be filed against the decision of the Customs Service upon any question not involved in such reliquidation.
  • 19 U.S.C. § 1514(e)
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    (e) Except as provided in subsection (f), an exporter or producer referred to in subsection (c)(2)(E) shall be provided notice in advance of an adverse determination of origin under section 4531 of this title. The Secretary may, by regulations, prescribe the time period in which such advance notice shall be issued and authorize the Customs Service to provide in the notice the entry number and any other entry information considered necessary to allow the exporter or producer to exercise the rights provided by this section.
  • 19 U.S.C. § 1515(c)
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    (c) If a protesting party believes that an application for further review was erroneously or improperly denied or was denied without authority for such action, it may file with the Commissioner of U.S. Customs and Border Protection a written request that the denial of the application for further review be set aside. Such request must be filed within 60 days after the date of the notice of the denial. The Commissioner of U.S. Customs and Border Protection may review such request and, based solely on the information before the Customs Service at the time the application for further review was denied, may set aside the denial of the application for further review and void the denial of protest, if appropriate. If the Commissioner of U.S. Customs and Border Protection fails to act within 60 days after the date of the request, the request shall be considered denied. All denials of protests are effective from the date of original denial for purposes of section 2636 of title 28. If an action is commenced in the Court of International Trade that arises out of a protest or an application for further review, all administrative action pertaining to such protest or application shall terminate and any administrative action taken subsequent to the commencement of the action is null and void.
  • 19 U.S.C. § 1515(d)
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    (d) If a protest is timely and properly filed, but is denied contrary to proper instructions, the Customs Service may on its own initiative, or pursuant to a written request by the protesting party filed with the appropriate port director within 90 days after the date of the protest denial, void the denial of the protest.
  • 19 U.S.C. § 1516a(g)(5)(C)(iv)
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    (iv) Any action taken by the administering authority or the United States Customs Service under this subparagraph shall not be subject to judicial review, and no court of the United States shall have power or jurisdiction to review such action on any question of law or fact by an action in the nature of mandamus or otherwise.
  • 19 U.S.C. § 1516a(g)(8)(B)(i)
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    (i) If a request for binational panel review of a determination is filed under subparagraph (A), the party making the request shall serve a copy, by mail or personal service, on any other interested party who was a party to the proceeding in connection with which the matter arises, and on the administering authority or the Commission, as appropriate.
  • 19 U.S.C. § 1520(d)
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    (d) Notwithstanding the fact that a valid protest was not filed, the Customs Service may, in accordance with regulations prescribed by the Secretary, reliquidate an entry to refund any excess duties (including any merchandise processing fees) paid on a good qualifying under the rules of origin set out in section 202 of the United States-Chile Free Trade Agreement Implementation Act, section 4033 of this title, section 202 of the United States-Oman Free Trade Agreement Implementation Act, section 203 of the United States-Peru Trade Promotion Agreement Implementation Act, section 202 of the United States–Korea Free Trade Agreement Implementation Act, section 203 of the United States–Colombia Trade Promotion Agreement Implementation Act, section 203 of the United States–Panama Trade Promotion Agreement Implementation Act, or section 4531 of this title, for which no claim for preferential tariff treatment was made at the time of importation if the importer, within 1 year after the date of importation, files, in accordance with those regulations, a claim that includes—
    (1) a written declaration that the good qualified under the applicable rules at the time of importation;
    (2) copies of all applicable certificates or certifications of origin; and
    (3) such other documentation and information relating to the importation of the goods as the Customs Service may require.
  • 19 U.S.C. § 1520(d)(3)
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    (3) such other documentation and information relating to the importation of the goods as the Customs Service may require.
  • 19 U.S.C. § 1526(e)(3)
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    (3) more than 90 days after the date of forfeiture, by sale by the Customs Service at public auction under such regulations as the Secretary prescribes, except that before making any such sale the Secretary shall determine that no Federal, State, or local government agency or eleemosynary institution has established a need for such merchandise under paragraph (1) or (2).
  • 19 U.S.C. § 1526(f)(4)
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    (4) The imposition of a fine under this subsection shall be within the discretion of the Customs Service, and shall be in addition to any other civil or criminal penalty or other remedy authorized by law.
  • 19 U.S.C. § 1529
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    The Customs Service shall be reimbursed from the fees collected for the cost and expense, administrative and otherwise, incurred in collecting any fees on behalf of any government1 agency for any reason.
  • 19 U.S.C. § 1553a
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    Merchandise in Customs1 custody that is transported by pipeline may be accounted for on a quantitative basis, based on the bill of lading, or equivalent document of receipt, issued by the pipeline carrier. Unless the Customs Service has reasonable cause to suspect fraud, the Customs Service may accept the bill of lading, or equivalent document of receipt, issued by the pipeline carrier to the shipper and accepted by the consignee to maintain identity. The shipper, pipeline operator, and consignee shall be subject to the recordkeeping requirements of sections 1508 and 1509 of this title.
  • 19 U.S.C. § 1560
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    The Secretary of the Treasury may cause to be set aside any available space in a building used as a customhouse for the storage of bonded merchandise or may lease premises for the storage of unclaimed merchandise or other imported merchandise required to be stored by the Government, and set aside a portion of such leased premises for the storage of bonded merchandise: Provided, That no part of any premises owned or leased by the Government may be used for the storage of bonded merchandise at any port at which a public bonded warehouse has been established and is in operation. All the premises so leased shall be leased on public account and the storage and other charges shall be deposited and accounted for as customs receipts, and the rates therefor shall not be less than the charges for storage and similar services made at such port of entry by commercial concerns for the storage and handling of merchandise. No officer of the customs shall own, in whole or in part, any bonded warehouse or enter into any contract or agreement for the lease or use of any building to be thereafter erected as a public store or warehouse. No lease of any building to be so used shall be taken for a longer period than three years, nor shall rent for any such premises be paid, in whole or in part, in advance.
  • 19 U.S.C. § 1565
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    The cartage of merchandise entered for warehouse shall be done by—
  • 19 U.S.C. § 1565(1)
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    (1) cartmen appointed and licensed by the Customs Service; or
  • 19 U.S.C. § 1581(d)
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    (d) Any vessel or vehicle which, at any authorized place, is directed to come to a stop by any officer of the customs, or is directed to come to a stop by signal made by any vessel employed in the service of the customs and displaying proper insignia, shall come to a stop, and upon failure to comply a vessel or vehicle so directed to come to a stop shall become subject to pursuit and the master, owner, operator, or person in charge thereof shall be liable to a penalty of not more than $5,000 nor less than $1,000.
  • 19 U.S.C. § 1583(a)(1)
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    (1) For purposes of ensuring compliance with the Customs laws of the United States and other laws enforced by the Customs Service, including the provisions of law described in paragraph (2), a Customs officer may, subject to the provisions of this section, stop and search at the border, without a search warrant, mail of domestic origin transmitted for export by the United States Postal Service and foreign mail transiting the United States that is being imported or exported by the United States Postal Service.
  • 19 U.S.C. § 1583(c)(1)(K)
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    (K) Merchandise subject to any other law enforced by the Customs Service.
  • 19 U.S.C. § 1584(a)(1)
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    (1) Any master of any vessel and any person in charge of any vehicle bound to the United States who does not produce the manifest to the officer (whether of the Customs Service or the Coast Guard) demanding the same shall be liable to a penalty of $1,000, and if any merchandise, including sea stores, is found on board of or after having been unladen from such vessel or vehicle which is not included or described in said manifest or does not agree therewith, the master of such vessel or the person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for any discrepancy between the merchandise and said manifest shall be liable to a penalty equal to the lesser of $10,000 or the domestic value of the merchandise so found or unladen, and any such merchandise belonging or consigned to the master or other officer or to any of the crew of such vessel, or to the owner or person in charge of such vehicle, shall be subject to forfeiture, and if any merchandise described in such manifest is not found on board the vessel or vehicle the master or other person in charge or the owner of such vessel or vehicle or any person directly or indirectly responsible for any discrepancy between the merchandise and said manifest shall be subject to a penalty of $1,000: Provided, That if the Customs Service shall be satisfied that the manifest was lost or mislaid without intentional fraud, or was defaced by accident, or is incorrect by reason of clerical error or other mistake and that no part of the merchandise not found on board was unshipped or discharged except as specified in the report of the master, said penalties shall not be incurred. For purposes of this subsection, the term “clerical error” means a nonnegligent, inadvertent, or typographical mistake in the preparation, assembly, or submission (electronically or otherwise) of the manifest.
  • 19 U.S.C. § 1584(a)(2)
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    (2) If any of such merchandise so found consists of heroin, morphine, cocaine, isonipecaine, or opiate, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for heroin, morphine, cocaine, isonipecaine, or opiate being in such merchandise shall be liable to a penalty of $1,000 for each ounce thereof so found. If any of such merchandise so found consists of smoking opium, opium prepared for smoking, or marihuana, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for smoking opium, opium prepared for smoking, or marihuana being in such merchandise shall be liable to a penalty of $500 for each ounce thereof so found. If any of such merchandise so found consists of crude opium, the master of such vessel or person in charge of such vehicle or the owner of such vessel or vehicle or any person directly or indirectly responsible for crude opium being in such merchandise shall be liable to a penalty of $200 for each ounce thereof so found. Such penalties shall, notwithstanding the proviso in section 1594 of this title (relating to the immunity of vessels or vehicles used as common carriers), constitute a lien upon such vessel which may be enforced by a libel in rem; except that the master or owner of a vessel used by any person as a common carrier in the transaction of business as such common carrier shall not be liable to such penalties and the vessel shall not be held subject to the lien, if it appears to the satisfaction of the court that neither the master nor any of the officers (including licensed and unlicensed officers and petty officers) nor the owner of the vessel knew, and could not, by the exercise of the highest degree of care and diligence, have known, that such narcotic drugs were on board. Clearance of any such vessel may be withheld until such penalties are paid or until a bond, satisfactory to the Customs Service, is given for the payment thereof. The provisions of this paragraph shall not prevent the forfeiture of any such vessel or vehicle under any other provision of law. As used in this paragraph, the terms “opiate” and “marihuana” shall have the same meaning given those terms by sections 802(18) and 802(16), respectively, of title 21.
  • 19 U.S.C. § 1584(b)(1)
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    (1) If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a)(1) and determines that further proceedings are warranted, the Customs Service shall issue or electronically transmit to the person concerned a notice of intent to issue or electronically transmit a claim for a monetary penalty. Such notice shall—
    (A) describe the merchandise;
    (B) set forth the details of the error in the manifest;
    (C) specify all laws and regulations allegedly violated;
    (D) disclose all the material facts which establish the alleged violation;
    (E) state the estimated loss of lawful duties, if any, and, taking into account all of the circumstances, the amount of the proposed monetary penalty; and
    (F) inform such person that he will have a reasonable opportunity to make representations, both oral and written, as to why such penalty claim should not be issued.
    No notice is required under this subsection for any violation of subsection (a)(1) for which the proposed penalty is $1,000 or less.
  • 19 U.S.C. § 1584(b)(2)
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    (2) After considering representations, if any, made by the person concerned pursuant to the notice issued under paragraph (1), the Customs Service shall determine whether any violation of subsection (a)(1), as alleged in the notice, has occurred. If the Customs Service determines that there was no violation, the Customs Service shall promptly issue or electronically transmit a statement of the determination to the person to whom the notice was sent. If the Customs Service determines that there was a violation, the Customs Service shall issue or electronically transmit a penalty claim to such person. The penalty claim shall specify all changes in the information provided under subparagraphs (A) through (E) of paragraph (1).
  • 19 U.S.C. § 1586(f)
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    (f) Whenever any part of the cargo or stores of a vessel has been unladen or transshipped because of accident, stress of weather, or other necessity, the master of such vessel and the master of any vessel to which such cargo or stores has been transshipped shall, as soon as possible thereafter, notify the Customs Service at the district within which such unlading or transshipment has occurred, or the Customs Service at the district at which such vessel shall first arrive thereafter, and shall furnish proof that such unlading or transshipment was made necessary by accident, stress of weather, or other unavoidable cause, and if the Customs Service is satisfied that the unlading or transshipment was in fact due to accident, stress of weather, or other necessity, the penalties described in this section shall not be incurred.
  • 19 U.S.C. § 1592(b)(1)(A)
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    (A) If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, it shall issue to the person concerned a written notice of its intention to issue a claim for a monetary penalty. Such notice shall—
    (i) describe the merchandise;
    (ii) set forth the details of the entry or introduction, the attempted entry or introduction, or the aiding or procuring of the entry or introduction;
    (iii) specify all laws and regulations allegedly violated;
    (iv) disclose all the material facts which establish the alleged violation;
    (v) state whether the alleged violation occurred as a result of fraud, gross negligence, or negligence;
    (vi) state the estimated loss of lawful duties, taxes, and fees, if any, and, taking into account all circumstances, the amount of the proposed monetary penalty; and
    (vii) inform such person that he shall have a reasonable opportunity to make representations, both oral and written, as to why a claim for a monetary penalty should not be issued in the amount stated.
  • 19 U.S.C. § 1592(b)(2)
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    (2) After considering representations, if any, made by the person concerned pursuant to the notice issued under paragraph (1), the Customs Service shall determine whether any violation of subsection (a), as alleged in the notice, has occurred. If the Customs Service determines that there was no violation, it shall promptly issue a written statement of the determination to the person to whom the notice was sent. If the Customs Service determines that there was a violation, it shall issue a written penalty claim to such person. The written penalty claim shall specify all changes in the information provided under clauses (i) through (vi) of paragraph (1)(A). Such person shall have a reasonable opportunity under section 1618 of this title to make representations, both oral and written, seeking remission or mitigation of the monetary penalty. At the conclusion of any proceeding under such section 1618, the Customs Service shall provide to the person concerned a written statement which sets forth the final determination and the findings of fact and conclusions of law on which such determination is based.
  • 19 U.S.C. § 1592(c)(4)
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    (4) If the person concerned discloses the circumstances of a violation of subsection (a) before, or without knowledge of, the commencement of a formal investigation of such violation, with respect to such violation, merchandise shall not be seized and any monetary penalty to be assessed under subsection (c) shall not exceed—
    (A) if the violation resulted from fraud—
    (i) an amount equal to 100 percent of the lawful duties, taxes, and fees of which the United States is or may be deprived, so long as such person tenders the unpaid amount of the lawful duties, taxes, and fees at the time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its calculation of such unpaid amount, or
    (ii) if such violation did not affect the assessment of duties, 10 percent of the dutiable value; or
    (B) if such violation resulted from negligence or gross negligence, the interest (computed from the date of liquidation at the prevailing rate of interest applied under section 6621 of title 26) on the amount of lawful duties, taxes, and fees of which the United States is or may be deprived so long as such person tenders the unpaid amount of the lawful duties, taxes, and fees at the time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its calculation of such unpaid amount.
    The person asserting lack of knowledge of the commencement of a formal investigation has the burden of proof in establishing such lack of knowledge. For purposes of this section, a formal investigation of a violation is considered to be commenced with regard to the disclosing party and the disclosed information on the date recorded in writing by the Customs Service as the date on which facts and circumstances were discovered or information was received which caused the Customs Service to believe that a possibility of a violation of subsection (a) existed.
  • 19 U.S.C. § 1592(c)(4)(A)(i)
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    (i) an amount equal to 100 percent of the lawful duties, taxes, and fees of which the United States is or may be deprived, so long as such person tenders the unpaid amount of the lawful duties, taxes, and fees at the time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its calculation of such unpaid amount, or
  • 19 U.S.C. § 1592(c)(4)(B)
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    (B) if such violation resulted from negligence or gross negligence, the interest (computed from the date of liquidation at the prevailing rate of interest applied under section 6621 of title 26) on the amount of lawful duties, taxes, and fees of which the United States is or may be deprived so long as such person tenders the unpaid amount of the lawful duties, taxes, and fees at the time of disclosure, or within 30 days (or such longer period as the Customs Service may provide) after notice by the Customs Service of its calculation of such unpaid amount.
  • 19 U.S.C. § 1592(d)
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    (d) Notwithstanding section 1514 of this title, if the United States has been deprived of lawful duties, taxes, or fees as a result of a violation of subsection (a), the Customs Service shall require that such lawful duties, taxes, and fees be restored, whether or not a monetary penalty is assessed.
  • 19 U.S.C. § 1592a(a)(1)(A)
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    (A) against whom the Customs Service has issued a penalty claim under section 1592 of this title, and
  • 19 U.S.C. § 1592a(a)(4)(B)
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    (B) If the Customs Service determines that merchandise is not from the country claimed on the documentation accompanying the merchandise, the failure to exercise reasonable care described in subparagraph (A) shall be considered when the Customs Service determines whether the importer of record is in violation of section 1484(a) of this title.
  • 19 U.S.C. § 1592a(b)(2)(B)
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    (B) If the Customs Service determines that merchandise is not from the country claimed on the documentation accompanying the merchandise, the failure to exercise reasonable care described in subparagraph (A) shall be considered when the Customs Service determines whether the importer of record is in violation of section 1484(a) of this title.
  • 19 U.S.C. § 1593a(b)(1)(A)
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    (A) If the Customs Service has reasonable cause to believe that there has been a violation of subsection (a) and determines that further proceedings are warranted, the Customs Service shall issue to the person concerned a written notice of intent to issue a claim for a monetary penalty. Such notice shall—
    (i) identify the drawback claim;
    (ii) set forth the details relating to the seeking, inducing, or affecting, or the attempted seeking, inducing, or affecting, or the aiding or procuring of, the drawback claim;
    (iii) specify all laws and regulations allegedly violated;
    (iv) disclose all the material facts which establish the alleged violation;
    (v) state whether the alleged violation occurred as a result of fraud or negligence;
    (vi) state the estimated actual or potential loss of revenue due to the drawback claim, and, taking into account all circumstances, the amount of the proposed monetary penalty; and
    (vii) inform such person that he shall have a reasonable opportunity to make representations, both oral and written, as to why a claim for a monetary penalty should not be issued in the amount stated.
  • 19 U.S.C. § 1593a(b)(1)(B)
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    (B) The Customs Service may not issue a prepenalty notice if the amount of the penalty in the penalty claim issued under paragraph (2) is $1,000 or less. In such cases, the Customs Service may proceed directly with a penalty claim.
  • 19 U.S.C. § 1593a(b)(2)
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    (2) After considering representations, if any, made by the person concerned pursuant to the notice issued under paragraph (1), the Customs Service shall determine whether any violation of subsection (a), as alleged in the notice, has occurred. If the Customs Service determines that there was no violation, the Customs Service shall promptly issue a written statement of the determination to the person to whom the notice was sent. If the Customs Service determines that there was a violation, Customs shall issue a written penalty claim to such person. The written penalty claim shall specify all changes in the information provided under clauses (i) through (vii) of paragraph (1)(A). Such person shall have a reasonable opportunity under section 1618 of this title to make representations, both oral and written, seeking remission or mitigation of the monetary penalty. At the conclusion of any proceeding under section 1618 of this title, the Customs Service shall provide to the person concerned a written statement which sets forth the final determination, and the findings of fact and conclusions of law on which such determination is based.
  • 19 U.S.C. § 1593a(c)(2)(B)
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    (B) If the Customs Service determines that a repeat negligent violation occurs relating to the same issue, the penalty amount for the 2d violation shall be in an amount not to exceed 50 percent of the total actual or potential loss of revenue. The penalty amount for each succeeding repetitive negligent violation shall be in an amount not to exceed the actual or potential loss of revenue. If the same party commits a nonrepetitive violation, that violation shall be subject to a penalty not to exceed 20 percent of the actual or potential loss of revenue.
  • 19 U.S.C. § 1593a(c)(3)(B)
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    (B) The limitations in subparagraph (A) on the amount of the monetary penalty to be assessed under this subsection apply only if the person concerned tenders the amount of the overpayment made on the claim at the time of disclosure, or within 30 days (or such longer period as the Customs Service may provide), after notice by the Customs Service of its calculation of the amount of the overpayment.
  • 19 U.S.C. § 1593a(c)(4)
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    (4) For purposes of this section, a formal investigation of a violation is considered to be commenced with regard to the disclosing party and the disclosed information on the date recorded in writing by the Customs Service as the date on which facts and circumstances were discovered or information was received which caused the Customs Service to believe that a possibility of a violation of subsection (a) existed.
  • 19 U.S.C. § 1593a(d)
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    (d) Notwithstanding section 1514 of this title, if the United States has been deprived of lawful duties and taxes resulting from a violation of subsection (a), the Customs Service shall require that such duties and taxes be restored whether or not a monetary penalty is assessed.
  • 19 U.S.C. § 1593a(e)(1)
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    (1) After consultation with the drawback trade community, the Customs Service shall establish a drawback compliance program in which claimants and other parties in interest may participate after being certified by the Customs Service under paragraph (2). Participation in the drawback compliance program is voluntary.
  • 19 U.S.C. § 1593a(e)(2)
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    (2) A party may be certified as a participant in the drawback compliance program after meeting the general requirements established under the program or after negotiating an alternative program suited to the needs of the party and the Customs Service. Certification requirements shall take into account the size and nature of the party’s drawback program and the volume of claims. In order to be certified, the participant must be able to demonstrate that it—
    (A) understands the legal requirements for filing claims, including the nature of the records required to be maintained and produced and the time periods involved;
    (B) has in place procedures to explain the Customs Service requirements to those employees that are involved in the preparation of claims, and the maintenance and production of required records;
    (C) has in place procedures regarding the preparation of claims and maintenance of required records, and the production of such records to the Customs Service;
    (D) has designated a dependable individual or individuals to be responsible for compliance under the program and whose duties include maintaining familiarity with the drawback requirements of the Customs Service;
    (E) has a record maintenance procedure approved by the Customs Service for original records, or, if approved by the Customs Service, for alternate records or recordkeeping formats other than the original records; and
    (F) has procedures for notifying the Customs Service of variances to, and violations of, the requirements of the drawback compliance program or any negotiated alternative programs, and for taking corrective action when notified by the Customs Service for violations or problems regarding such program.
  • 19 U.S.C. § 1593a(e)(2)(B)
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    (B) has in place procedures to explain the Customs Service requirements to those employees that are involved in the preparation of claims, and the maintenance and production of required records;
  • 19 U.S.C. § 1593a(e)(2)(C)
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    (C) has in place procedures regarding the preparation of claims and maintenance of required records, and the production of such records to the Customs Service;
  • 19 U.S.C. § 1593a(e)(2)(D)
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    (D) has designated a dependable individual or individuals to be responsible for compliance under the program and whose duties include maintaining familiarity with the drawback requirements of the Customs Service;
  • 19 U.S.C. § 1593a(e)(2)(E)
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    (E) has a record maintenance procedure approved by the Customs Service for original records, or, if approved by the Customs Service, for alternate records or recordkeeping formats other than the original records; and
  • 19 U.S.C. § 1593a(e)(2)(F)
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    (F) has procedures for notifying the Customs Service of variances to, and violations of, the requirements of the drawback compliance program or any negotiated alternative programs, and for taking corrective action when notified by the Customs Service for violations or problems regarding such program.
  • 19 U.S.C. § 1593a(f)(1)
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    (1) When a party that—
    (A) has been certified as a participant in the drawback compliance program under subsection (e); and
    (B) is generally in compliance with the appropriate procedures and requirements of the program;
    commits a violation of subsection (a), the Customs Service, shall, in the absence of fraud or repeated violations, and in lieu of a monetary penalty, issue a written notice of the violation to the party. Repeated violations by a party may result in the issuance of penalties and removal of certification under the program until corrective action, satisfactory to the Customs Service, is taken.
  • 19 U.S.C. § 1593a(f)(3)
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    (3) Within a reasonable time after receiving written notice under paragraph (1), the party shall notify the Customs Service of the steps it has taken to prevent a recurrence of the violation.
  • 19 U.S.C. § 1595(a)(1)(B)
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    (B) any property which is subject to forfeiture under any provision of law enforced or administered by the United States Customs Service; or
  • 19 U.S.C. § 1595(a)(1)(C)
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    (C) any document, container, wrapping, or other article which is evidence of a violation of section 1592 of this title involving fraud or of any other law enforced or administered by the United States Customs Service,
  • 19 U.S.C. § 1595a(c)(2)(G)
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    (G) U.S. Customs and Border Protection determines it is a technology, product, service, device, component, or part thereof the importation of which is prohibited under subsection (a)(2) or (b)(1) of section 1201 of title 17.
  • 19 U.S.C. § 1595a(c)(3)
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    (3) If the importation or entry of the merchandise is subject to quantitative restrictions requiring a visa, permit, license, or other similar document, or stamp from the United States Government or from a foreign government or issuing authority pursuant to a bilateral or multilateral agreement, the merchandise shall be subject to detention in accordance with section 1499 of this title unless the appropriate visa, license, permit, or similar document or stamp is presented to the Customs Service; but if the visa, permit, license, or similar document or stamp which is presented in connection with the importation or entry of the merchandise is counterfeit, the merchandise may be seized and forfeited.
  • 19 U.S.C. § 1600
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    The procedures set forth in sections 1602 through 1619 of this title shall apply to seizures of any property effected by customs officers under any law enforced or administered by the Customs Service unless such law specifies different procedures.
  • 19 U.S.C. § 1612(a)
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    (a) Whenever it appears to the Customs Service that any vessel, vehicle, aircraft, merchandise, or baggage seized under the customs laws is liable to perish or to waste or to be greatly reduced in value by keeping, or that the expense of keeping the same is disproportionate to the value thereof, and such vessel, vehicle, aircraft, merchandise, or baggage is subject to section 1607 of this title, and such vessel, vehicle, aircraft, merchandise, or baggage has not been delivered under bond, the Customs Service shall proceed forthwith to advertise and sell the same at auction under regulations to be prescribed by the Secretary of the Treasury. If such vessel, vehicle, aircraft, merchandise, or baggage is not subject to section 1607 of this title, the Customs Service shall forthwith transmit its report of the seizure to the United States attorney, who shall petition the court to order an immediate sale of such vessel, vehicle, aircraft, merchandise, or baggage, and if the ends of justice require it the court shall order such immediate sale, the proceeds thereof to be deposited with the court to await the final determination of the condemnation proceedings. Whether such sale be made by the Customs Service or by order of the court, the proceeds thereof shall be held subject to claims of parties in interest to the same extent as the vessel, vehicle, aircraft, merchandise, or baggage so sold would have been subject to such claim.
  • 19 U.S.C. § 1612(b)
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    (b) If the Customs Service determines that the expense of keeping the vessel, vehicle, aircraft, merchandise, or baggage is disproportionate to the value thereof, the Customs Service may promptly order the destruction or other appropriate disposition of such property under regulations prescribed by the Secretary. No customs officer shall be liable for the destruction or other disposition of property made pursuant to this section.
  • 19 U.S.C. § 1613(c)
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    (c) If property is seized by the Secretary under law enforced or administered by the Customs Service, or otherwise acquired under section 1605 of this title, and relief from the forfeiture is granted by the Secretary, or his designee, upon terms requiring the deposit or retention of a monetary amount in lieu of the forfeiture, the amount recovered shall be treated in the same manner as the proceeds of sale of a forfeited item.
  • 19 U.S.C. § 1613(d)
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    (d) In any judicial or administrative proceeding to forfeit property under any law enforced or administered by the Customs Service or the Coast Guard, the seizure, storage, and other expenses related to the forfeiture that are incurred by the Customs Service or the Coast Guard after the seizure, but before the institution of, or during, the proceedings, shall be a priority claim in the same manner as the court costs and the expenses of the Federal marshal.
  • 19 U.S.C. § 1613b(a)(1)
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    (1) There is established in the Treasury of the United States a fund to be known as the “Customs Forfeiture Fund” (hereafter in this section referred to as the “Fund”), which shall be available to the United States Customs Service, subject to appropriation, with respect to seizures and forfeitures by the United States Customs Service and the United States Coast Guard under any law enforced or administered by those agencies for payment, or for reimbursement to the appropriation from which payment was made, for—
    (A) all proper expenses of the seizure (including investigative costs incurred by the United States Customs Service leading to seizures) or the proceedings of forfeiture and sale, including, but not limited to, the expenses of inventory, security, and maintenance of custody of the property, advertisement and sale of the property, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court;
    (B) awards of compensation to informers under section 1619 of this title;
    (C) satisfaction of—
    (i) liens for freight, charges, and contributions in general average, notice of which has been filed with the appropriate customs officer according to law, and
    (ii) other liens against forfeited property;
    (D) amounts authorized by law with respect to remission and mitigation;
    (E) claims of parties in interest to property disposed of under section 1612(b) of this title, in the amounts applicable to such claims at the time of seizure; and
    (F) equitable sharing payments made to other Federal agencies, State and local law enforcement agencies, and foreign countries under the authority of section 1616a(c) of this title or section 981 of title 18.
  • 19 U.S.C. § 1613b(a)(1)(A)
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    (A) all proper expenses of the seizure (including investigative costs incurred by the United States Customs Service leading to seizures) or the proceedings of forfeiture and sale, including, but not limited to, the expenses of inventory, security, and maintenance of custody of the property, advertisement and sale of the property, and if condemned by the court and a bond for such costs was not given, the costs as taxed by the court;
  • 19 U.S.C. § 1613b(a)(3)(A)
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    (A) purchases by the United States Customs Service of evidence of—
    (i) smuggling of controlled substances, and
    (ii) violations of the currency and foreign transaction reporting requirements of chapter 51 of title 31, if there is a substantial probability that the violations of these requirements are related to the smuggling of controlled substances;
  • 19 U.S.C. § 1613b(a)(3)(B)
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    (B) equipment for any vessel, vehicle, or aircraft available for official use by the United States Customs Service to enable the vessel, vehicle, or aircraft to assist in law enforcement functions;
  • 19 U.S.C. § 1613b(a)(3)(C)
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    (C) the reimbursement, at the discretion of the Secretary, of private persons for expenses incurred by such persons in cooperating with the United States Customs Service in investigations and undercover law enforcement operations;
  • 19 U.S.C. § 1613b(a)(3)(E)
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    (E) equipment for any vessel, vehicle, or aircraft available for official use by a State or local law enforcement agency to enable the vessel, vehicle, or aircraft to assist in law enforcement functions if the conveyance will be used in joint law enforcement operations with the United States Customs Service; and
  • 19 U.S.C. § 1613b(a)(3)(F)
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    (F) payment of overtime salaries, travel, fuel, training, equipment, and other similar costs of State and local law enforcement officers that are incurred in joint law enforcement operations with the United States Customs Service.
  • 19 U.S.C. § 1613b(c)
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    (c) There shall be deposited into the Fund all forfeited currency and proceeds from forfeiture under any law enforced or administered by the United States Customs Service or the United States Coast Guard and all income from investments made under subsection (d).
  • 19 U.S.C. § 1613b(e)(1)(A)(i)
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    (i) the estimated total value of property forfeited under any law enforced or administered by the United States Customs Service or the United States Coast Guard with respect to which funds were not deposited in the Fund during the previous fiscal year, and
  • 19 U.S.C. § 1616a(c)(3)
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    (3) Aircraft may be transferred to the Civil Air Patrol under paragraph (1)(B)(iii) in support of air search and rescue and other emergency services and, pursuant to a memorandum of understanding entered into with a Federal agency, illegal drug traffic surveillance. Jet-powered aircraft may not be transferred to the Civil Air Patrol under the authority of paragraph (1)(B)(iii).
  • 19 U.S.C. § 1623(a)
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    (a) In any case in which bond or other security is not specifically required by law, the Secretary of the Treasury may by regulation or specific instruction require, or authorize customs officers to require, such bonds or other security as he, or they, may deem necessary for the protection of the revenue or to assure compliance with any provision of law, regulation, or instruction which the Secretary of the Treasury or the Customs Service may be authorized to enforce.
  • 19 U.S.C. § 1623(b)
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    (b) Whenever a bond is required or authorized by a law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce, the Secretary of the Treasury may—
    (1) Except as otherwise specifically provided by law, prescribe the conditions and form of such bond and the manner in which the bond may be filed with or, pursuant to an authorized electronic data interchange system, transmitted to the Customs Service, and fix the amount of penalty thereof, whether for the payment of liquidated damages or of a penal sum: Provided, That when a consolidated bond authorized by paragraph 4 of this subsection is taken, the Secretary of the Treasury may fix the penalty of such bond without regard to any other provision of law, regulation, or instruction.
    (2) Provide for the approval of the sureties on such bond, without regard to any general provision of law.
    (3) Authorize the execution of a term bond the conditions of which shall extend to and cover similar cases of importations over such period of time, not to exceed one year, or such longer period as he may fix when in his opinion special circumstances existing in a particular instance require such longer period.
    (4) Authorize, to the extent that he may deem necessary, the taking of a consolidated bond (single entry or term), in lieu of separate bonds to assure compliance with two or more provisions of law, regulations, or instructions which the Secretary of the Treasury or the Customs Service is authorized to enforce. A consolidated bond taken pursuant to the authority contained in this subsection shall have the same force and effect in respect of every provision of law, regulation, or instruction for the purposes for which it is required as though separate bonds had been taken to assure compliance with each such provision.
  • 19 U.S.C. § 1623(b)(1)
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    (1) Except as otherwise specifically provided by law, prescribe the conditions and form of such bond and the manner in which the bond may be filed with or, pursuant to an authorized electronic data interchange system, transmitted to the Customs Service, and fix the amount of penalty thereof, whether for the payment of liquidated damages or of a penal sum: Provided, That when a consolidated bond authorized by paragraph 4 of this subsection is taken, the Secretary of the Treasury may fix the penalty of such bond without regard to any other provision of law, regulation, or instruction.
  • 19 U.S.C. § 1623(b)(4)
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    (4) Authorize, to the extent that he may deem necessary, the taking of a consolidated bond (single entry or term), in lieu of separate bonds to assure compliance with two or more provisions of law, regulations, or instructions which the Secretary of the Treasury or the Customs Service is authorized to enforce. A consolidated bond taken pursuant to the authority contained in this subsection shall have the same force and effect in respect of every provision of law, regulation, or instruction for the purposes for which it is required as though separate bonds had been taken to assure compliance with each such provision.
  • 19 U.S.C. § 1623(d)
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    (d) No condition in any bond taken to assure compliance with any law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce shall be held invalid on the ground that such condition is not specified in the law, regulation, or instruction authorizing or requiring the taking of such bond. Any bond transmitted to the Customs Service pursuant to an authorized electronic data interchange system shall have the same force and effect and be binding upon the parties thereto as if such bond were manually executed, signed, and filed.
  • 19 U.S.C. § 1623(e)
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    (e) The Secretary of the Treasury is authorized to permit the deposit of money or obligations of the United States, in such amount and upon such conditions as he may by regulation prescribe, in lieu of sureties on any bond required or authorized by a law, regulation, or instruction which the Secretary of the Treasury or the Customs Service is authorized to enforce.
  • 19 U.S.C. § 1625(b)
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    (b) A person may appeal an adverse interpretive ruling and any interpretation of any regulation prescribed to implement such ruling to a higher level of authority within the Customs Service for de novo review. Upon a reasonable showing of business necessity, any such appeal shall be considered and decided no later than 60 days following the date on which the appeal is filed. The Secretary shall issue regulations to implement this subsection.
  • 19 U.S.C. § 1625(c)(2)
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    (2) have the effect of modifying the treatment previously accorded by the Customs Service to substantially identical transactions;
  • 19 U.S.C. § 1628(a)(1)
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    (1) insure compliance with any law or regulation enforced or administered by the Customs Service;
  • 19 U.S.C. § 1629(g)
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    (g) Any person designated to perform the duties of an officer of the Customs Service pursuant to section 1401(i) of this title shall be entitled to the same privileges and immunities as an officer of the Customs Service with respect to any actions taken by the designated person in the performance of such duties.
  • 19 U.S.C. § 1630(a)
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    (a) With respect to a claim that cannot be settled under chapter 171 of title 28, the Secretary may settle, for not more than $50,000 in any one case, a claim for damage to, or loss of, privately owned property caused by an investigative or law enforcement officer (as defined in section 2680(h) of title 28) who is employed by the Customs Service and acting within the scope of his or her employment.
  • 19 U.S.C. § 1631(a)
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    (a) Notwithstanding any other provision of law, the Secretary, under such terms and conditions as the Secretary considers appropriate, shall enter into contracts and incur obligations with one or more persons for collection services to recover indebtedness arising under the customs laws and owed the United States Government, but only after the Customs Service has exhausted all administrative efforts, including all claims against applicable surety bonds, to collect the indebtedness.
  • 19 U.S.C. § 1631(c)
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    (c) The debtor shall be assessed and pay any and all costs associated with collection efforts pursuant to this section. Notwithstanding section 3302(b) of title 31, any sum so collected shall be used to pay the costs of debt collection services.
  • 19 U.S.C. § 1641(b)(2)
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    (2) The Secretary may grant an individual a customs broker’s license only if that individual is a citizen of the United States. Before granting the license, the Secretary may require an applicant to show any facts deemed necessary to establish that the applicant is of good moral character and qualified to render valuable service to others in the conduct of customs business. In assessing the qualifications of an applicant, the Secretary may conduct an examination to determine the applicant’s knowledge of customs and related laws, regulations and procedures, bookkeeping, accounting, and all other appropriate matters.
  • 19 U.S.C. § 1641(d)(4)
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    (4) Notwithstanding section 1621 of this title, no proceeding under this subsection or subsection (b)(6) shall be commenced unless such proceeding is instituted by the appropriate service of written notice within 5 years from the date the alleged violation was committed; except that if the alleged violation consists of fraud, the 5-year period of limitation shall commence running from the time such alleged violation was discovered.
  • 19 U.S.C. § 1644a(b)(1)(B)
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    (B) detail to ports of entry officers and employees of the United States Customs Service the Secretary considers necessary;
  • 19 U.S.C. § 1644a(b)(1)(C)
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    (C) give an officer or employee of the United States Government stationed at a port of entry (with the consent of the head of the department, agency, or instrumentality of the Government with jurisdiction over the officer or employee) duties and powers of officers or employees of the Customs Service;
  • 19 U.S.C. § 1645(b)
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    (b) Notwithstanding the provisions of section 601 of the Merchant Marine Act, 1928, or of any other law, any allowance, within the limitations prescribed by law, for travel or shipping expenses incurred on a foreign ship by any officer or employee of the Bureau of Customs or the Customs Service, shall be credited if the Secretary of the Treasury certifies to the Comptroller General that transportation on such foreign ship was necessary to protect the revenue.
  • 19 U.S.C. § 1646c
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    The Commissioner of U.S. Customs and Border Protection shall require all persons or entities exporting used automobiles, including automobiles exported for personal use, by air or ship to provide to the Customs Service, at least 72 hours before the export, the vehicle identification number of each such automobile and proof of ownership of such automobile. The Commissioner shall establish specific criteria for randomly selecting used automobiles scheduled to be exported, consistent with the risk of stolen automobiles being exported and shall check the vehicle identification number of each automobile selected pursuant to such criteria against the information in the National Crime Information Center to determine whether such automobile has been reported stolen. At the request of the Director of the Federal Bureau of Investigation, the Commissioner shall make available to the Director all vehicle identification numbers obtained under this section.
  • 19 U.S.C. § 1671c(l)(3)
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    (3) If an agreement described in paragraph (1) is accepted after the countervailing duty order is published, the administering authority shall rescind the order, refund any cash deposit and release any bond or other security deposited under section 1671b(d)(1)(B) of this title, and instruct the Customs Service that entries of the subject merchandise that were made during the period that the order was in effect shall be liquidated without regard to countervailing duties.
  • 19 U.S.C. § 1673c(m)(3)
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    (3) If an agreement described in paragraph (1) is accepted after the antidumping duty order is published, the administering authority shall rescind the order, refund any cash deposit and release any bond or other security deposited under section 1673b(d)(1)(B) of this title, and instruct the Customs Service that entries of the subject merchandise that were made during the period that the order was in effect shall be liquidated without regard to antidumping duties.
  • 19 U.S.C. § 1675(a)(3)(C)
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    (C) In a case in which a final determination under paragraph (1) is under review under section 1516a of this title and a liquidation of entries covered by the determination is enjoined under section 1516a(c)(2) of this title or suspended under section 1516a(g)(5)(C) of this title, the administering authority shall, within 10 days after the final disposition of the review under section 1516a of this title, transmit to the Federal Register for publication the final disposition and issue instructions to the Customs Service with respect to the liquidation of entries pursuant to the review. In such a case, the 90-day period referred to in subparagraph (B) shall begin on the day on which the administering authority issues such instructions.
  • 19 U.S.C. § 1677(5)(D)(iii)
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    (iii) providing goods or services, other than general infrastructure, or
  • 19 U.S.C. § 1677(5)(E)
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    (E) A benefit shall normally be treated as conferred where there is a benefit to the recipient, including—
    (i) in the case of an equity infusion, if the investment decision is inconsistent with the usual investment practice of private investors, including the practice regarding the provision of risk capital, in the country in which the equity infusion is made,
    (ii) in the case of a loan, if there is a difference between the amount the recipient of the loan pays on the loan and the amount the recipient would pay on a comparable commercial loan that the recipient could actually obtain on the market,
    (iii) in the case of a loan guarantee, if there is a difference, after adjusting for any difference in guarantee fees, between the amount the recipient of the guarantee pays on the guaranteed loan and the amount the recipient would pay for a comparable commercial loan if there were no guarantee by the authority, and
    (iv) in the case where goods or services are provided, if such goods or services are provided for less than adequate remuneration, and in the case where goods are purchased, if such goods are purchased for more than adequate remuneration.
    For purposes of clause (iv), the adequacy of remuneration shall be determined in relation to prevailing market conditions for the good or service being provided or the goods being purchased in the country which is subject to the investigation or review. Prevailing market conditions include price, quality, availability, marketability, transportation, and other conditions of purchase or sale.
  • 19 U.S.C. § 1677(5)(E)(iv)
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    (iv) in the case where goods or services are provided, if such goods or services are provided for less than adequate remuneration, and in the case where goods are purchased, if such goods are purchased for more than adequate remuneration.
  • 19 U.S.C. § 1677(7)(C)(iii)(I)
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    (I) actual and potential decline in output, sales, market share, gross profits, operating profits, net profits, ability to service debt, productivity, return on investments, return on assets, and utilization of capacity,
  • 19 U.S.C. § 1677(5B)(B)(i)(III)
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    (III) the costs of consultancy and equivalent services used exclusively for the research activity, including costs for bought-in research, technical knowledge, and patents,
  • 19 U.S.C. § 1677(5B)(B)(ii)(I)
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    (I) The term “industrial research” means planned search or critical investigation aimed at the discovery of new knowledge, with the objective that such knowledge may be useful in developing new products, processes, or services, or in bringing about a significant improvement to existing products, processes, or services.
  • 19 U.S.C. § 1677(5B)(B)(ii)(II)
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    (II) The term “precompetitive development activity” means the translation of industrial research findings into a plan, blueprint, or design for new, modified, or improved products, processes, or services, whether intended for sale or use, including the creation of a first prototype that would not be capable of commercial use. The term also may include the conceptual formulation and design of products, processes, or services alternatives and initial demonstration or pilot projects, if these same projects cannot be converted or used for industrial application or commercial exploitation. The term does not include routine or periodic alterations to existing products, production lines, manufacturing processes, services, or other ongoing operations even if those alterations may represent improvements.
  • 19 U.S.C. § 1677f(b)(1)(A)(ii)
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    (ii) to an officer or employee of the United States Customs Service who is directly involved in conducting an investigation regarding negligence, gross negligence, or fraud under this subtitle.
  • 19 U.S.C. § 1677f(d)
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    (d) Any party submitting written information, including business proprietary information, to the administering authority or the Commission during a proceeding shall, at the same time, serve the information upon all interested parties who are parties to the proceeding, if the information is covered by a protective order. The administering authority or the Commission shall not accept any such information that is not accompanied by a certificate of service and a copy of the protective order version of the document containing the information. Business proprietary information shall only be served upon interested parties who are parties to the proceeding that are subject to protective order; however, a nonconfidential summary thereof shall be served upon all other interested parties who are parties to the proceeding.
  • 19 U.S.C. § 1681(3)(A)
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    (A) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or
  • 19 U.S.C. § 1681(3)(B)
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    (B) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product.
  • 19 U.S.C. § 1681a(a)(1)
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    (1) the original manufacturer of those cigarettes or smokeless tobacco products has timely submitted, or has certified that it will timely submit, to the Secretary of Health and Human Services the lists of the ingredients added to the tobacco in the manufacture of such cigarettes or smokeless tobacco products as described in section 1335a of title 15 or section 4403 of title 15, as the case may be;
  • 19 U.S.C. § 1681a(c)(1)
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    (1) a certificate signed by the manufacturer of such cigarettes or smokeless tobacco products or an authorized official of such manufacturer stating under penalties of perjury, with respect to those cigarettes or smokeless tobacco products, that such manufacturer has timely submitted, and will continue to submit timely, to the Secretary of Health and Human Services the ingredient reporting information required by section 1335a of title 15 or section 4403 of title 15, as the case may be;
  • 19 U.S.C. § 1709(b)
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    (b) The term “officer of the customs” means any officer of the Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service.
  • 19 U.S.C. § 1755(b)
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    (b) The actual and necessary customs charges for labor, services, and other expenses in connection with the entry, examination, appraisement, custody, abandonment, destruction, or release of articles entered under section 1752 of this title, together with the necessary charges for salaries of customs officers and employees in connection with the accounting for, custody of, and supervision over, such articles, shall be reimbursed to the United States by the operator of the fair for which they are entered. Receipts from such reimbursements shall be deposited as refunds to the appropriation from which paid, in the manner provided for in section 1524 of this title.
  • 19 U.S.C. § 1862(d)
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    (d) For the purposes of this section, the Secretary and the President shall, in the light of the requirements of national security and without excluding other relevant factors, give consideration to domestic production needed for projected national defense requirements, the capacity of domestic industries to meet such requirements, existing and anticipated availabilities of the human resources, products, raw materials, and other supplies and services essential to the national defense, the requirements of growth of such industries and such supplies and services including the investment, exploration, and development necessary to assure such growth, and the importation of goods in terms of their quantities, availabilities, character, and use as those affect such industries and the capacity of the United States to meet national security requirements. In the administration of this section, the Secretary and the President shall further recognize the close relation of the economic welfare of the Nation to our national security, and shall take into consideration the impact of foreign competition on the economic welfare of individual domestic industries; and any substantial unemployment, decrease in revenues of government, loss of skills or investment, or other serious effects resulting from the displacement of any domestic products by excessive imports shall be considered, without excluding other factors, in determining whether such weakening of our internal economy may impair the national security.
  • 19 U.S.C. § 1918(d)
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    (d) No financial assistance shall be provided to any firm under section 19141 of this title unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within one year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary of Commerce shall have determined involve discretion with respect to the provision of such financial assistance.
  • 19 U.S.C. § 2071
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    There shall be in the Department of the Treasury a service to be known as the United States Customs Service, and a Commissioner of Customs.1 The Commissioner of Customs,1 who shall be appointed by the President by and with the advice and consent of the Senate, shall—
  • 19 U.S.C. § 2071(1)
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    (1) be at the head of the United States Customs Service;
  • 19 U.S.C. § 2072(a)
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    (a) The Secretary of the Treasury is authorized to appoint, in the service established by section 2071 of this title, one assistant commissioner, three deputy commissioners, one chief clerk, and such attorneys and other officers and employees as he may deem necessary. One of the deputy commissioners of the United States Customs Service shall have charge of investigations. Appointments under this subsection shall be subject to the provisions of the civil service laws, and the salaries shall be fixed in accordance with chapter 51 and subchapter III of chapter 53 of title 5.
  • 19 U.S.C. § 2072(b)
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    (b) The Secretary of the Treasury is authorized to designate an officer of the United States Customs Service to act as Commissioner of Customs,1 during the absence or disability of the Commissioner of Customs,1 or in the event that there is no Commissioner of Customs.1
  • 19 U.S.C. § 2072(c)
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    (c) The personnel of the United States Customs Service shall perform such duties as the Secretary of the Treasury may prescribe.
  • 19 U.S.C. § 2073(b)
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    (b) The records, property (including office equipment), and personnel of the Division of Customs are transferred to the United States Customs Service.
  • 19 U.S.C. § 2074
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    There is established a revolving fund of $300,000 which shall be available, without fiscal year limitation exclusively for transfer to the appropriation for collecting the revenue from customs to cover obligations of the United States Customs Service arising from authorized reimbursable services, pending reimbursement from parties in interest: Provided, That amounts so transferred shall be returned to the revolving fund not later than six months after the close of the fiscal year in which transferred.
  • 19 U.S.C. § 2075(a)(1)
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    (1) For the fiscal year beginning October 1, 1979, and each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury for the United States Customs Service only such sums as may hereafter be authorized by law.
  • 19 U.S.C. § 2075(a)(2)
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    (2) The authorization of the appropriations for the United States Customs Service for each fiscal year after fiscal year 1987 shall specify—
    (A) the amount authorized for the fiscal year for the salaries and expenses of the Service in conducting commercial operations; and
    (B) the amount authorized for the fiscal year for the salaries and expenses of the Service for other than commercial operations.
  • 19 U.S.C. § 2075(a)(2)(A)
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    (A) the amount authorized for the fiscal year for the salaries and expenses of the Service in conducting commercial operations; and
  • 19 U.S.C. § 2075(a)(2)(B)
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    (B) the amount authorized for the fiscal year for the salaries and expenses of the Service for other than commercial operations.
  • 19 U.S.C. § 2075(a)(3)
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    (3) 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 Commissioner of Customs1 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 operations of the Customs Service as provided for in subsection (b).
  • 19 U.S.C. § 2075(b)(1)
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    (1) There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in noncommercial operations not to exceed the following:
    (A) $1,365,456,000 for fiscal year 2003.
    (B) $1,399,592,400 for fiscal year 2004.
  • 19 U.S.C. § 2075(b)(2)(A)
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    (A) There are authorized to be appropriated for the salaries and expenses of the Customs Service that are incurred in commercial operations not less than the following:
    (i) $1,642,602,000 for fiscal year 2003.
    (ii) $1,683,667,050 for fiscal year 2004.
  • 19 U.S.C. § 2075(b)(2)(B)
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    (B) The monies authorized to be appropriated under subparagraph (A) for any fiscal year, except for such sums as may be necessary for the salaries and expenses of the Customs Service that are incurred in connection with the processing of merchandise that is exempt from the fees imposed under section 58c(a)(9) and (10) of this title, shall be appropriated from the Customs User Fee Account.
  • 19 U.S.C. § 2075(b)(3)
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    (3) There are authorized to be appropriated for the operation (including salaries and expenses) and maintenance of the air interdiction program of the Customs Service not to exceed the following:
    (A) $170,829,000 for fiscal year 2003.
    (B) $175,099,725 for fiscal year 2004.
  • 19 U.S.C. § 2075(d)
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    (d) No part of any sum that is appropriated under subsection (b) for fiscal years after September 30, 1984, may be used for administrative expenses to pay any employee of the United States Customs Service overtime pay in an amount exceeding $25,000; except that the Commissioner of Customs1 or his designee may waive this limitation in individual cases in order to prevent excessive costs or to meet emergency requirements of the Service.
  • 19 U.S.C. § 2075(e)
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    (e) For the fiscal year beginning October 1, 1982, and for each fiscal year thereafter, there are authorized to be appropriated to the Department of the Treasury for salaries of the United States Customs Service such additional sums as may be provided by law to reflect pay rate changes made in accordance with the Federal Pay Comparability Act of 1970.
  • 19 U.S.C. § 2075(f)
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    (f) If savings in salaries and expenses result from the consolidation of administrative functions within the Customs Service, the Commissioner of Customs1 shall apply those savings, to the extent they are not needed to meet emergency requirements of the Service, to strengthening the commercial operations of the Service by increasing the number of inspector, import specialist, patrol officer, and other line operational positions.
  • 19 U.S.C. § 2075(g)(1)
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    (1) The Commissioner of Customs1 shall ensure that existing levels of commercial services, including inspection and control, classification, and value, shall continue to be provided by Customs personnel assigned to the headquarters office of any Customs district designated by statute before April 7, 1986. The number of such personnel assigned to any such district headquarters shall not be reduced through attrition or otherwise, and such personnel shall be afforded the opportunity to maintain their proficiency through training and workshops to the same extent provided to Customs personnel in any other district. Automation and other modernization equipment shall be made available, as needed on a timely basis, to such headquarters to the same extent as such equipment is made available to any other district headquarters.
  • 19 U.S.C. § 2075(g)(2)(B)
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    (B) result in any significant reduction in hours of operation or services rendered at any office of the United States Customs Service or any port of entry;
  • 19 U.S.C. § 2075(g)(2)(C)
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    (C) eliminate or relocate any office of the United States Customs Service;
  • 19 U.S.C. § 2075(g)(2)(E)
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    (E) significantly reduce the number of employees assigned to any office of the United States Customs Service or any port of entry.
  • 19 U.S.C. § 2075(g)(3)
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    (3) The total number of employees of the United States Customs Service shall be equivalent to at least 17,174 full-time employees.
  • 19 U.S.C. § 2075(h)(2)(B)(ii)
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    (ii) before October 1, 2010, assign at least 10 additional Officers among each service port and the ports of entry serviced by such service port, except as provided in subparagraph (C).
  • 19 U.S.C. § 2075(h)(2)(C)
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    (C) In assigning such Officers pursuant to subparagraph (B), the Commissioner shall consult with the port directors of each service port and the other ports of entry serviced by such service port. The Commissioner shall not assign an Officer to a port of entry pursuant to subparagraph (B)(ii) if the port director of the service port that services such port of entry certifies to the Commissioner that an additional Officer is not needed at such port of entry.
  • 19 U.S.C. § 2077
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    The Commissioner of Customs,1 with the approval of the Secretary of the Treasury, is authorized to direct the advance of funds by the Fiscal Service, Treasury Department, in connection with the enforcement of the customs laws.
  • 19 U.S.C. § 2079
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    The provisions of this Act shall not affect payments made for the United States Customs Service in foreign countries, nor the right of any customs officer or employee to claim reimbursement for personal funds expended in connection with the enforcement of the customs laws.
  • 19 U.S.C. § 2081(a)
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    (a) With respect to any undercover investigative operation of the United States Customs Service (hereinafter in this section referred to as the “Service”) which is necessary for the detection and prosecution of offenses against the United States which are within the jurisdiction of the Secretary of the Treasury—
    (1) sums authorized to be appropriated for the Service may be used—
    (A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
    (i) sections 1341 and 3324 of title 31,
    (ii) sections 6301(a) and (b)(1) to (3) and 6306 of title 41,
    (iii) chapter 45 of title 41,
    (iv) section 8141 of title 40, and
    (v) section 3901 of title 41, and
    (B) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31;
    (2) sums authorized to be appropriated for the Service and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18 and section 3302 of title 31; and
    (3) the proceeds from the undercover operation may be used to offset necessary and reasonable expenses incurred in such operation without regard to the provisions of section 3302 of title 31;
    only upon the written certification of the Commissioner of Customs1 (or, if designated by the Commissioner the Deputy or an Assistant Commissioner of Customs)1 that any action authorized by paragraph (1), (2), or (3) of this subsection is necessary for the conduct of such undercover operation.
  • 19 U.S.C. § 2081(a)(1)
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    (1) sums authorized to be appropriated for the Service may be used—
    (A) to purchase property, buildings, and other facilities, and to lease space, within the United States, the District of Columbia, and the territories and possessions of the United States without regard to—
    (i) sections 1341 and 3324 of title 31,
    (ii) sections 6301(a) and (b)(1) to (3) and 6306 of title 41,
    (iii) chapter 45 of title 41,
    (iv) section 8141 of title 40, and
    (v) section 3901 of title 41, and
    (B) to establish or to acquire proprietary corporations or business entities as part of the undercover operation, and to operate such corporations or business entities on a commercial basis, without regard to sections 9102 and 9103 of title 31;
  • 19 U.S.C. § 2081(a)(2)
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    (2) sums authorized to be appropriated for the Service and the proceeds from the undercover operation, may be deposited in banks or other financial institutions without regard to the provisions of section 648 of title 18 and section 3302 of title 31; and
  • 19 U.S.C. § 2081(b)
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    (b) If a corporation or business entity established or acquired as part of an undercover operation under paragraph (1)(B) of subsection (a) with a net value over $50,000 is to be liquidated, sold, or otherwise disposed of, the Service, as much in advance as the Commissioner or his designee determines is practicable, shall report the circumstances to the Secretary of the Treasury. The proceeds of the liquidation, sale, or other disposition, after obligations are met, shall be deposited in the Treasury of the United States as miscellaneous receipts.
  • 19 U.S.C. § 2081(d)(1)
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    (1) The Service shall conduct a detailed financial audit of each undercover investigative operation which is closed in each fiscal year, and
    (A) submit the results of the audit in writing to the Secretary of the Treasury; and
    (B) not later than 180 days after such undercover operation is closed, submit a report to the Congress concerning such audit.
  • 19 U.S.C. § 2081(d)(2)
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    (2) The Service shall also submit a report annually to the Congress specifying as to its undercover investigative operations—
    (A) the number, by programs, of undercover investigative operations pending as of the end of the 1-year period for which such report is submitted;
    (B) the number, by programs, of undercover investigative operations commenced in the 1-year period preceding the period for which such report is submitted; and
    (C) the number, by programs, of undercover investigative operations closed in the 1-year period preceding the period for which such report is submitted and, with respect to each such closed undercover operation, the results obtained and any civil claims made with respect thereto.
  • 19 U.S.C. § 2081(e)(2)
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    (2) The term “employees” means employees, as defined in section 2105 of title 5, of the Service.
  • 19 U.S.C. § 2081(e)(3)
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    (3) The terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Service—
    (A) in which—
    (i) the gross receipts (excluding interest earned) exceed $50,000, or
    (ii) expenditures (other than expenditures for salaries of employees) exceed $150,000; and
    (B) which is exempt from section 3302 or 9102 of title 31;
    except that subparagraphs (A) and (B) shall not apply with respect to the report required under paragraph (2) of subsection (d) of this section.
  • 19 U.S.C. § 2082(a)(1)
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    (1) develop and implement accounting systems that accurately determine and report the allocations made of Customs Service personnel and other resources among the various operational functions of the Service, such as passenger processing, merchandise processing and drug enforcement; and
  • 19 U.S.C. § 2083(b)(1)
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    (1) shall, within 60 days after August 20, 1990, prepare a list of those provisions of the trade, customs, and illegal drug control laws of the United States for which the United States Customs Service has enforcement responsibility and to which the reports required under subsection (a) will apply; and
  • 19 U.S.C. § 2083(d)(1)
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    (1) devise and implement a methodology for estimating the level of compliance with the laws administered by the Customs Service; and
  • 19 U.S.C. § 2112(g)(3)(A)
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    (A) trade in both goods and services, and
  • 19 U.S.C. § 2112(g)(3)(B)
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    (B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.
  • 19 U.S.C. § 2114a(a)(1)(A)
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    (A) to reduce or to eliminate barriers to, or other distortions of, international trade in services (particularly United States service sector trade in foreign markets), including barriers that deny national treatment and restrictions on the establishment and operation in such markets; and
  • 19 U.S.C. § 2114a(a)(1)(B)(ii)
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    (ii) will reduce or eliminate such barriers or distortions and help ensure open international trade in services.
  • 19 U.S.C. § 2114a(c)(1)
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    (1) to obtain and preserve the maximum openness with respect to international trade and investment in high technology products and related services;
  • 19 U.S.C. § 2114a(c)(3)
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    (3) to obtain commitments that official policy of foreign countries or instrumentalities will not discourage government or private procurement of foreign high technology products and related services;
  • 19 U.S.C. § 2114a(c)(4)
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    (4) to obtain the reduction or elimination of all tariffs on, and other barriers to, United States exports of high technology products and related services;
  • 19 U.S.C. § 2114a(d)
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    (d) For purposes of subsection (a), the term “barriers to, or other distortions of, international trade in services” includes, but is not limited to—
    (1) barriers to establishment in foreign markets, and
    (2) restrictions on the operation of enterprises in foreign markets, including—
    (A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and
    (B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.
  • 19 U.S.C. § 2114b(1)
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    (1) The Secretary of Commerce shall establish a service industries development program designed to—
    (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce;
    (B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but not limited to, data on trade, both aggregate and pertaining to individual service industries;
    (C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to—
    (i) policies of foreign governments toward foreign and United States service industries;
    (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade;
    (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector;
    (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports;
    (v) treatment of services under international agreements of the United States;
    (vi) antitrust policies as such policies affect the competitiveness of United States firms; and
    (vii) treatment of services in international agreements of the United States;
    (D) conduct a program of research and analysis of service-related issues and problems, including forecasts and industrial strategies; and
    (E) conduct sectoral studies of domestic service industries.
  • 19 U.S.C. § 2114b(1)(A)
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    (A) develop, in consultation with other Federal agencies as appropriate, policies regarding services that are designed to increase the competitiveness of United States service industries in foreign commerce;
  • 19 U.S.C. § 2114b(1)(B)
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    (B) develop a data base for assessing the adequacy of Government policies and actions pertaining to services, including, but not limited to, data on trade, both aggregate and pertaining to individual service industries;
  • 19 U.S.C. § 2114b(1)(C)
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    (C) collect and analyze, in consultation with appropriate agencies, information pertaining to the international operations and competitiveness of United States service industries, including information with respect to—
    (i) policies of foreign governments toward foreign and United States service industries;
    (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade;
    (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector;
    (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports;
    (v) treatment of services under international agreements of the United States;
    (vi) antitrust policies as such policies affect the competitiveness of United States firms; and
    (vii) treatment of services in international agreements of the United States;
  • 19 U.S.C. § 2114b(1)(C)(i)
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    (i) policies of foreign governments toward foreign and United States service industries;
  • 19 U.S.C. § 2114b(1)(C)(ii)
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    (ii) Federal, State, and local regulation of both foreign and United States suppliers of services, and the effect of such regulation on trade;
  • 19 U.S.C. § 2114b(1)(C)(iii)
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    (iii) the adequacy of current United States policies to strengthen the competitiveness of United States service industries in foreign commerce, including export promotion activities in the service sector;
  • 19 U.S.C. § 2114b(1)(C)(iv)
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    (iv) tax treatment of services, with particular emphasis on the effect of United States taxation on the international competitiveness of United States firms and exports;
  • 19 U.S.C. § 2114b(1)(C)(v)
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    (v) treatment of services under international agreements of the United States;
  • 19 U.S.C. § 2114b(1)(C)(vii)
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    (vii) treatment of services in international agreements of the United States;
  • 19 U.S.C. § 2114b(1)(D)
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    (D) conduct a program of research and analysis of service-related issues and problems, including forecasts and industrial strategies; and
  • 19 U.S.C. § 2114b(1)(E)
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    (E) conduct sectoral studies of domestic service industries.
  • 19 U.S.C. § 2114b(2)
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    (2) For purposes of the collection and analysis required by paragraph (1), and for the purpose of any reporting the Department of Commerce makes under paragraph (3), such collection and reporting shall distinguish between income from investment and income from noninvestment services.
  • 19 U.S.C. § 2114b(5)
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    (5) For purposes of this section, the term “services” means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism.
  • 19 U.S.C. § 2114c(1)(A)
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    (A) The United States Trade Representative, through the interagency trade organization established pursuant to section 1872(a) of this title or any subcommittee thereof, shall, in conformance with this Act and other provisions of law, develop (and coordinate the implementation of) United States policies concerning trade in services.
  • 19 U.S.C. § 2114c(1)(B)
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    (B) In order to encourage effective development, coordination, and implementation of United States policies on trade in services—
    (i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the department’s or agency’s attention with respect to—
    (I) the treatment afforded United States service sector interest in foreign markets; or
    (II) allegations of unfair practices by foreign governments or companies in a service sector; and
    (ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives1 and the domestic implementation of service-related agreements.
  • 19 U.S.C. § 2114c(1)(B)(i)
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    (i) each department or agency of the United States responsible for the regulation of any service sector industry shall, as appropriate, advise and work with the United States Trade Representative concerning matters that have come to the department’s or agency’s attention with respect to—
    (I) the treatment afforded United States service sector interest in foreign markets; or
    (II) allegations of unfair practices by foreign governments or companies in a service sector; and
  • 19 U.S.C. § 2114c(1)(B)(i)(I)
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    (I) the treatment afforded United States service sector interest in foreign markets; or
  • 19 U.S.C. § 2114c(1)(B)(i)(II)
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    (II) allegations of unfair practices by foreign governments or companies in a service sector; and
  • 19 U.S.C. § 2114c(1)(B)(ii)
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    (ii) the Department of Commerce, together with other appropriate agencies as requested by the United States Trade Representative, shall provide staff support and other assistance for negotiations on service-related issues by the United States Trade Representatives1 and the domestic implementation of service-related agreements.
  • 19 U.S.C. § 2114c(1)(C)
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    (C) Nothing in this paragraph shall be construed to alter any existing authority or responsibility with respect to any specific service sector.
  • 19 U.S.C. § 2114c(2)(A)(i)
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    (i) consult with State governments on issues of trade policy, including negotiating objectives and implementation of trade agreements, affecting the regulatory authority of non-Federal governments, or their procurement of goods and services;
  • 19 U.S.C. § 2114c(2)(A)(iii)
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    (iii) provide to State and local governments and to United States service industries, upon their request, advice, assistance, and (except as may be otherwise prohibited by law) data, analyses, and information concerning United States policies on international trade in services.
  • 19 U.S.C. § 2114d(2)
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    (2) In addition to the action referred to in subsection (1), the United States Trade Representative may impose duties or other import restrictions on the products or services of such foreign country or instrumentality for such time as he determines appropriate, including the exclusion from entry into the United States of products subject to such requirements.
  • 19 U.S.C. § 2114d(3)
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    (3) Nothing in paragraph (2) shall apply to any products or services with respect to which—
    (A) any foreign direct investment (including a purchase of land or facilities) has been made directly or indirectly by any United States person before October 30, 1984, or
    (B) any written commitment relating to a foreign direct investment that is binding on October 30, 1984, has been made directly or indirectly by any United States person.
  • 19 U.S.C. § 2151(b)
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    (b) Within 6 months after receipt of a list under subsection (a) or, in the case of a list submitted in connection with a trade agreement, within 90 days after receipt of such list, the Commission shall advise the President, with respect to each article or nontariff matter, of its judgment as to the probable economic effect of modification of the tariff or nontariff measure on industries producing like or directly competitive articles and on consumers, so as to assist the President in making an informed judgment as to the impact which might be caused by such modifications on United States interests, such as sectors involved in manufacturing, agriculture, mining, fishing, services, intellectual property, investment, labor, and consumers. Such advice may include in the case of any article the advice of the Commission as to whether any reduction in the rate of duty should take place over a longer period of time than the minimum period provided for in section 4202(a)(4)(A) of this title.
  • 19 U.S.C. § 2151(d)(1)
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    (1) investigate conditions, causes, and effects relating to competition between the foreign industries producing the articles or services in question and the domestic industries producing the like or directly competitive articles or services;
  • 19 U.S.C. § 2151(d)(2)
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    (2) analyze the production, trade, and consumption of each like or directly competitive article or service, taking into consideration employment, profit levels, and use of productive facilities with respect to the domestic industries concerned, and such other economic factors in such industries as it considers relevant, including prices, wages, sales, inventories, patterns of demand, capital investment, obsolescence of equipment, and diversification of production;
  • 19 U.S.C. § 2151(d)(4)
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    (4) make special studies (including studies of real wages paid in foreign supplying countries), whenever deemed to be warranted, of particular proposed modifications affecting United States manufacturing, agriculture, mining, fishing, labor, consumers, services, intellectual property and investment, using to the fullest extent practicable United States Government facilities abroad and appropriate personnel of the United States.
  • 19 U.S.C. § 2154(a)
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    (a) In any negotiation seeking an agreement under section 2133 of this title or section 4202 of this title, the President may make a formal offer for the modification or continuance of any United States duty, import restrictions, or barriers to (or other distortions of) international trade, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, import restrictions, or other barrier to (or other distortion of) international trade including trade in services, foreign direct investment and intellectual property as covered by this subchapter, with respect to any article or matter only after he has received a summary of the hearings at which an opportunity to be heard with respect to such article has been afforded under section 2153 of this title. In addition, the President may make an offer for the modification or continuance of any United States duty, the continuance of United States duty-free or excise treatment, or the imposition of additional duties, with respect to any article included in a list published and furnished under section 2151(a) of this title, only after he has received advice concerning such article from the Commission under section 2151(b) of this title, or after the expiration of the 6-month or 90-day period provided for in that section, as appropriate, whichever first occurs.
  • 19 U.S.C. § 2155(b)(1)
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    (1) The President shall establish an Advisory Committee for Trade Policy and Negotiations to provide overall policy advice on matters referred to in subsection (a). The committee shall be composed of not more than 45 individuals and shall include representatives of non-Federal governments, labor, industry, agriculture, small business, service industries, retailers, nongovernmental environmental and conservation organizations, and consumer interests. The committee shall be broadly representative of the key sectors and groups of the economy, particularly with respect to those sectors and groups which are affected by trade. Members of the committee shall be recommended by the United States Trade Representative and appointed by the President for a term of 4 years or until the committee is scheduled to expire. An individual may be reappointed to committee for any number of terms. Appointments to the Committee1 shall be made without regard to political affiliation.
  • 19 U.S.C. § 2155(b)(3)
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    (3) The United States Trade Representative shall make available to the committee such staff, information, personnel, and administrative services and assistance as it may reasonably require to carry out its activities.
  • 19 U.S.C. § 2155(c)(1)
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    (1) The President may establish individual general policy advisory committees for industry, labor, agriculture, services, investment, defense, and other interests, as appropriate, to provide general policy advice on matters referred to in subsection (a). Such committees shall, insofar as is practicable, be representative of all industry, labor, agricultural, service, investment, defense, and other interests, respectively, including small business interests, and shall be organized by the United States Trade Representative and the Secretaries of Commerce, Defense, Labor, Agriculture, the Treasury, or other executive departments, as appropriate. The members of such committees shall be appointed by the United States Trade Representative in consultation with such Secretaries.
  • 19 U.S.C. § 2155(c)(2)
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    (2) The President shall establish such sectoral or functional advisory committees as may be appropriate. Such committees shall, insofar as is practicable, be representative of all industry, labor, agricultural, or service interests (including small business interests) in the sector or functional areas concerned. In organizing such committees, the United States Trade Representative and the Secretaries of Commerce, Labor, Agriculture, the Treasury, or other executive departments, as appropriate, shall—
    (A) consult with interested private organizations; and
    (B) take into account such factors as—
    (i) patterns of actual and potential competition between United States industry and agriculture and foreign enterprise in international trade,
    (ii) the character of the nontariff barriers and other distortions affecting such competition,
    (iii) the necessity for reasonable limits on the number of such advisory committees,
    (iv) the necessity that each committee be reasonably limited in size, and
    (v) in the case of each sectoral committee, that the product lines covered by each committee be reasonably related.
  • 19 U.S.C. § 2155(h)
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    (h) The United States Trade Representative, and the Secretaries of Commerce, Labor, Defense, Agriculture, the Treasury, or other executive departments, as appropriate, shall provide such staff, information, personnel, and administrative services and assistance to advisory committees established under subsection (c) as such committees may reasonably require to carry out their activities.
  • 19 U.S.C. § 2155(j)
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    (j) In addition to any advisory committee established under this section, the President shall provide adequate, timely and continuing opportunity for the submission on an informal basis (and, if such information is submitted under the provisions of subsection (g), on a confidential basis) by private organizations or groups, representing government, labor, industry, agriculture, small business, service industries, consumer interests, and others, of statistics, data and other trade information, as well as policy recommendations, pertinent to any matter referred to in subsection (a).
  • 19 U.S.C. § 2171(c)(5)
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    (5) The principal function of the Chief Agricultural Negotiator shall be to conduct trade negotiations and to enforce trade agreements relating to United States agricultural products and services. The Chief Agricultural Negotiator shall be a vigorous advocate on behalf of United States agricultural interests. The Chief Agricultural Negotiator shall perform such other functions as the United States Trade Representative may direct.
  • 19 U.S.C. § 2171(d)(2)(B)
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    (B) The United States and Foreign Commercial Services of the Department of Commerce.
  • 19 U.S.C. § 2171(d)(2)(C)
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    (C) The International Trade Administration (other than the United States and Foreign Commercial Service) of the Department of Commerce.
  • 19 U.S.C. § 2171(d)(2)(D)
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    (D) The Foreign Agricultural Service of the Department of Agriculture.
  • 19 U.S.C. § 2171(e)(1)
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    (1) subject to the civil service and classification laws, select, appoint, employ, and fix the compensation of such officers and employees as are necessary and prescribe their authority and duties, except that not more than 20 individuals may be employed without regard to any provision of law regulating the employment or compensation at rates not to exceed the rate of pay for level IV of the Executive Schedule in section 53141 of title 5;
  • 19 U.S.C. § 2171(e)(2)
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    (2) employ experts and consultants in accordance with section 3109 of title 5 and compensate individuals so employed for each day (including traveltime) at rates not in excess of the maximum rate of pay for grade GS–18 as provided in section 5332 of title 5 and while such experts and consultants are so serving away from their homes or regular place of business, to pay such employees travel expenses and per diem in lieu of subsistence at rates authorized by section 5703 of title 5 for persons in Government service employed intermittently;
  • 19 U.S.C. § 2171(e)(4)
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    (4) utilize, with their consent, the services, personnel, and facilities of other Federal agencies;
  • 19 U.S.C. § 2171(e)(6)
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    (6) accept voluntary and uncompensated services, notwithstanding the provisions of section 1342 of title 31;
  • 19 U.S.C. § 2213(a)(2)(G)
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    (G) the results of actions to obtain the removal of foreign trade restrictions (including discriminatory restrictions) against United States exports and the removal of foreign practices which discriminate against United States service industries (including transportation and tourism) and investment;
  • 19 U.S.C. § 2213(b)(1)(A)(ii)
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    (ii) the goods and services balance of trade,
  • 19 U.S.C. § 2241(a)(1)(A)(i)
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    (i) United States exports of goods or services (including agricultural commodities; and property protected by trademarks, patents, and copyrights exported or licensed by United States persons),
  • 19 U.S.C. § 2241(a)(1)(A)(ii)
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    (ii) foreign direct investment by United States persons, especially if such investment has implications for trade in goods or services;1 and
  • 19 U.S.C. § 2241(a)(1)(C)(i)
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    (i) the value of additional goods and services of the United States,
  • 19 U.S.C. § 2241(a)(2)(E)(i)
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    (i) the value of goods and services of the United States exported to,
  • 19 U.S.C. § 2241(b)(2)(C)
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    (C) a section on foreign anticompetitive practices, the toleration of which by foreign governments is adversely affecting exports of United States goods or services.
  • 19 U.S.C. § 2241(c)(3)
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    (3) The head of any department, agency, or instrumentality of the United States may detail such personnel and may furnish such services, with or without reimbursement, as the Trade Representative may request to assist in carrying out his functions.
  • 19 U.S.C. § 2242(f)(3)(E)
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    (E) Radio communications in which the transmissions are intended for direct reception by the general public, and all radio, television, and cable broadcasting undertakings and all satellite programming and broadcast network services.
  • 19 U.S.C. § 2271(a)(2)(A)
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    (A) ensure that rapid response assistance and appropriate core and intensive services (as described in section 134 of the Workforce Investment Act of 1998 (29 U.S.C. 2864)))1 authorized under other Federal laws are made available to the workers covered by the petition to the extent authorized under such laws; and
  • 19 U.S.C. § 2275(a)
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    (a) The Secretary shall provide full information to workers about the benefit allowances, training, and other employment services available under this part and about the petition and application procedures, and the appropriate filing dates, for such allowances, training and services. The Secretary shall provide whatever assistance is necessary to enable groups of workers to prepare petitions or applications for program benefits. The Secretary shall make every effort to insure that cooperating State agencies fully comply with the agreements entered into under section 2311(a) of this title and shall periodically review such compliance. The Secretary shall inform the State Board for Vocational Education or equivalent agency and other public or private agencies, institutions, and employers, as appropriate, of each certification issued under section 2273 of this title and of projections, if available, of the needs for training under section 2296 of this title as a result of such certification.
  • 19 U.S.C. § 2291(a)(2)(A)
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    (A) is on employer-authorized leave for purposes of vacation, sickness, injury, maternity, or inactive duty or active duty military service for training,
  • 19 U.S.C. § 2291(a)(2)(D)
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    (D) is on call-up for purposes of active duty in a reserve status in the Armed Forces of the United States, provided such active duty is “Federal service” as defined in section 8521(a)(1) of title 5,
  • 19 U.S.C. § 2295
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    The Secretary shall make every reasonable effort to secure for adversely affected workers covered by a certification under subpart A of this part counseling, testing, and placement services, and supportive and other services, provided for under any other Federal law, including the services provided through one-stop delivery systems described in section 2864(c) of title 29). The Secretary shall, whenever appropriate, procure such services through agreements with the States.
  • 19 U.S.C. § 2296(c)(2)
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    (2) such training does not impair existing contracts for services or collective bargaining agreements,
  • 19 U.S.C. § 2311(a)
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    (a) The Secretary is authorized on behalf of the United States to enter into an agreement with any State, or with any State agency (referred to in this subpart as “cooperating States” and “cooperating States agencies” respectively). Under such an agreement, the cooperating State agency (1) as agent of the United States, will receive applications for, and will provide, payments on the basis provided in this part, (2) where appropriate, but in accordance with subsection (f) of this section, will afford adversely affected workers testing, counseling, referral to training and job search programs, and placement services, (3) will make any certifications required under section 2291(c)(2)1 of this title, and (4) will otherwise cooperate with the Secretary and with other State and Federal agencies in providing payments and services under this part.
  • 19 U.S.C. § 2311(e)
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    (e) Any agreement entered into under this section shall provide for the coordination of the administration of the provisions for employment services, training, and supplemental assistance under sections 2295 and 2296 of this title and under title I of the Workforce Investment Act of 19981 upon such terms and conditions as are established by the Secretary in consultation with the States and set forth in such agreement. Any agency of the State jointly administering such provisions under such agreement shall be considered to be a cooperating State agency for purposes of this part.
  • 19 U.S.C. § 2343(b)(1)
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    (1) The Secretary shall furnish technical assistance under this part through existing agencies and through private individuals, firms, or institutions (including private consulting services), or by grants to intermediary organizations (including Trade Adjustment Assistance Centers).
  • 19 U.S.C. § 2343(b)(2)
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    (2) In the case of assistance furnished through private individuals, firms, or institutions (including private consulting services), the Secretary may share the cost thereof (but not more than 75 percent of such cost for assistance described in paragraph (2) or (3) of subsection (a) may be borne by the United States).
  • 19 U.S.C. § 2348(d)
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    (d) No financial assistance shall be provided to any firm under this part unless the owners, partners, or officers shall execute an agreement binding them and the firm for a period of 2 years after such financial assistance is provided, to refrain from employing, tendering any office or employment to, or retaining for professional services any person who, on the date such assistance or any part thereof was provided, or within 1 year prior thereto, shall have served as an officer, attorney, agent, or employee occupying a position or engaging in activities which the Secretary shall have determined involve discretion with respect to the provision of such financial assistance.
  • 19 U.S.C. § 2401d(a)
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    (a) The Secretary shall provide full information to agricultural commodity producers about the benefit allowances, training, and other employment services available under this subchapter and about the petition and application procedures, and the appropriate filing dates, for such allowances, training, and services. The Secretary shall provide whatever assistance is necessary to enable groups to prepare petitions or applications for program benefits under this subchapter.
  • 19 U.S.C. § 2401d(b)(3)
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    (3) The Secretary shall also provide information concerning procedures for applying for and receiving all other Federal assistance and services available to workers facing economic distress.
  • 19 U.S.C. § 2401e(a)(1)(D)
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    (D) The producer certifies that the producer has met with an Extension Service employee or agent to obtain, at no cost to the producer, information and technical assistance that will assist the producer in adjusting to import competition with respect to the adversely affected agricultural commodity, including—
    (i) information regarding the feasibility and desirability of substituting 1 or more alternative commodities for the adversely affected agricultural commodity; and
    (ii) technical assistance that will improve the competitiveness of the production and marketing of the adversely affected agricultural commodity by the producer, including yield and marketing improvements.
  • 19 U.S.C. § 2401e(d)(2)
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    (2) shall be entitled to employment services and training benefits under division II of subpart B of part 2.
  • 19 U.S.C. § 2411(a)(1)
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    (1) If the United States Trade Representative determines under section 2414(a)(1) of this title that—
    (A) the rights of the United States under any trade agreement are being denied; or
    (B) an act, policy, or practice of a foreign country—
    (i) violates, or is inconsistent with, the provisions of, or otherwise denies benefits to the United States under, any trade agreement, or
    (ii) is unjustifiable and burdens or restricts United States commerce;
    the Trade Representative shall take action authorized in subsection (c), subject to the specific direction, if any, of the President regarding any such action, and shall take all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to enforce such rights or to obtain the elimination of such act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
  • 19 U.S.C. § 2411(a)(3)
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    (3) Any action taken under paragraph (1) to eliminate an act, policy, or practice shall be devised so as to affect goods or services of the foreign country in an amount that is equivalent in value to the burden or restriction being imposed by that country on United States commerce.
  • 19 U.S.C. § 2411(b)(2)
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    (2) action by the United States is appropriate, the Trade Representative shall take all appropriate and feasible action authorized under subsection (c), subject to the specific direction, if any, of the President regarding any such action, and all other appropriate and feasible action within the power of the President that the President may direct the Trade Representative to take under this subsection, to obtain the elimination of that act, policy, or practice. Actions may be taken that are within the power of the President with respect to trade in any goods or services, or with respect to any other area of pertinent relations with the foreign country.
  • 19 U.S.C. § 2411(c)(1)(B)
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    (B) impose duties or other import restrictions on the goods of, and, notwithstanding any other provision of law, fees or restrictions on the services of, such foreign country for such time as the Trade Representative determines appropriate;
  • 19 U.S.C. § 2411(c)(2)(A)
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    (A) Notwithstanding any other provision of law governing any service sector access authorization, and in addition to the authority conferred in paragraph (1), the Trade Representative may, for purposes of carrying out the provisions of subsection (a) or (b)—
    (i) restrict, in the manner and to the extent the Trade Representative determines appropriate, the terms and conditions of any such authorization, or
    (ii) deny the issuance of any such authorization.
  • 19 U.S.C. § 2411(c)(2)(B)
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    (B) Actions described in subparagraph (A) may only be taken under this section with respect to service sector access authorizations granted, or applications therefor pending, on or after the date on which—
    (i) a petition is filed under section 2412(a) of this title, or
    (ii) a determination to initiate an investigation is made by the Trade Representative under section 2412(b) of this title.
  • 19 U.S.C. § 2411(c)(2)(C)
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    (C) Before the Trade Representative takes any action under this section involving the imposition of fees or other restrictions on the services of a foreign country, the Trade Representative shall, if the services involved are subject to regulation by any agency of the Federal Government or of any State, consult, as appropriate, with the head of the agency concerned.
  • 19 U.S.C. § 2411(d)(1)(A)
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    (A) services (including transfers of information) associated with international trade, whether or not such services are related to specific goods, and
  • 19 U.S.C. § 2411(d)(1)(B)
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    (B) foreign direct investment by United States persons with implications for trade in goods or services.
  • 19 U.S.C. § 2411(d)(3)(B)(i)(IV)
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    (IV) market opportunities, including the toleration by a foreign government of systematic anticompetitive activities by enterprises or among enterprises in the foreign country that have the effect of restricting, on a basis that is inconsistent with commercial considerations, access of United States goods or services to a foreign market,
  • 19 U.S.C. § 2411(d)(3)(B)(iv)
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    (iv) constitutes a persistent pattern of conduct by the government of a foreign country under which that government fails to effectively enforce commitments under agreements to which the foreign country and the United States are parties, including with respect to trade in goods, trade in services, trade in agriculture, foreign investment, intellectual property, digital trade in goods and services and cross-border data flows, regulatory practices, state-owned and state-controlled enterprises, localization barriers to trade, labor and the environment, anticorruption, trade remedy laws, textiles, and commercial partnerships.
  • 19 U.S.C. § 2411(d)(5)
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    (5) Acts, policies, and practices that are discriminatory include, when appropriate, any act, policy, and practice which denies national or most-favored-nation treatment to United States goods, services, or investment.
  • 19 U.S.C. § 2411(d)(6)
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    (6) The term “service sector access authorization” means any license, permit, order, or other authorization, issued under the authority of Federal law, that permits a foreign supplier of services access to the United States market in a service sector concerned.
  • 19 U.S.C. § 2411(d)(9)
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    (9) The term “interested persons”, only for purposes of sections 2412(a)(4)(B), 2414(b)(1)(A), 2416(c)(2),1 and 2417(a)(2) of this title, includes, but is not limited to, domestic firms and workers, representatives of consumer interests, United States product exporters, and any industrial user of any goods or services that may be affected by actions taken under subsection (a) or (b).
  • 19 U.S.C. § 2414(b)(1)(C)
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    (C) may request the views of the United States International Trade Commission regarding the probable impact on the economy of the United States of the taking of action with respect to any goods or service.
  • 19 U.S.C. § 2417(c)(3)(A)(ii)
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    (ii) other actions that could be taken (including actions against other products or services), and
  • 19 U.S.C. § 2418(a)(1)
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    (1) the nature and extent of a specific trade policy or practice of a foreign country with respect to particular goods, services, investment, or intellectual property rights, to the extent that such information is available to the Trade Representative or other Federal agencies;
  • 19 U.S.C. § 2420(a)(1)
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    (1) Not later than May 31 of each calendar year that begins after February 24, 2016, the United States Trade Representative (in this section referred to as the “Trade Representative”) shall consult with the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives with respect to the prioritization of acts, policies, or practices of foreign governments that raise concerns with respect to obligations under the WTO Agreements or any other trade agreement to which the United States is a party, or otherwise create or maintain barriers to United States goods, services, or investment.
  • 19 U.S.C. § 2420(a)(2)(G)
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    (G) the international competitive position and export potential of United States products and services.
  • 19 U.S.C. § 2435(b)(1)(A)
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    (A) a satisfactory balance of concessions in trade and services has been maintained during the life of such agreement, and
  • 19 U.S.C. § 2462(c)(6)(B)
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    (B) reduce or eliminate barriers to trade in services; and
  • 19 U.S.C. § 2481(10)
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    (10) The term “commerce” includes services associated with international trade.
  • 19 U.S.C. § 2492(d)(1)(B)
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    (B) Within 10 days after the date of notification of a government under subparagraph (A), the Secretary of Transportation shall take all steps necessary to suspend at the earliest possible date the authority of any foreign air carrier owned or controlled, directly or indirectly, by the government or nationals of that country to engage in foreign air transportation to or from the United States, notwithstanding any agreement relating to air services.
  • 19 U.S.C. § 2492(d)(2)(A)
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    (A) The President may direct the Secretary of State to terminate any air service agreement between the United States and a country against which the sanction described in subsection (a)(4) is imposed in accordance with the provisions of that agreement.
  • 19 U.S.C. § 2497(b)(4)(B)(i)
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    (i) to reflect the average quality discounts applied to the local or regional market price of a crop or mechanically harvested forage due to a reduction in the intrinsic characteristics of the production resulting from adverse weather, as determined annually by the State office of the Farm Service Agency;
  • 19 U.S.C. § 2497(d)(3)(D)(i)(II)
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    (II) No change to the normal carrying capacity or normal grazing period established for a county under subclause (I) shall be made unless the change is requested by the appropriate State and county Farm Service Agency committees.
  • 19 U.S.C. § 2512(a)(2)(A)
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    (A) there are no offers of products or services of the United States or of eligible products; or
  • 19 U.S.C. § 2512(a)(2)(B)
    Go to provision →
    (B) the offers of products or services of the United States or of eligible products are insufficient to fulfill the requirements of the United States Government.
  • 19 U.S.C. § 2518(4)(A)(i)
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    (i) a party to the Agreement, a product or service of that country or instrumentality which is covered under the Agreement for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(ii)
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    (ii) Mexico, as a party to the USMCA (as defined in section 4502 of this title), a product or service of that country or instrumentality which is covered under the USMCA for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(iii)
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    (iii) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2003, and before January 2, 2005, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(iv)
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    (iv) a party to the Dominican Republic-Central America-United States Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(ix)
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    (ix) a party to the United States–Colombia Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States; or
  • 19 U.S.C. § 2518(4)(A)(v)
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    (v) a party to a free trade agreement that entered into force with respect to the United States after December 31, 2005, and before July 2, 2006, a product or service of that country or instrumentality which is covered under the free trade agreement for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(vi)
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    (vi) a party to the United States-Oman Free Trade Agreement, a product or service of that country or instrumentality which is covered under that Agreement for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(vii)
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    (vii) a party to the United States-Peru Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(viii)
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    (viii) a party to the United States–Korea Free Trade Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States;
  • 19 U.S.C. § 2518(4)(A)(x)
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    (x) a party to the United States–Panama Trade Promotion Agreement, a product or service of that country or instrumentality which is covered under that agreement for procurement by the United States.
  • 19 U.S.C. § 2518(4)(C)
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    (C) The term “eligible product” includes a product or service of Israel for which the United States is obligated to waive Buy National restrictions under—
    (i) the Agreement on the Establishment of a Free Trade Area between the Government of the United States of America and the Government of Israel, regardless of the thresholds provided for in the Agreement (as defined in paragraph (1)), or
    (ii) any subsequent agreement between the United States and Israel which lowers on a reciprocal basis the applicable threshold for entities covered by the Agreement.
  • 19 U.S.C. § 2518(4)(D)
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    (D) Except as otherwise agreed by the United States and Canada under paragraph 3 of article 1304 of the United States-Canada Free-Trade Agreement, the term “eligible product” includes a product or service of Canada having a contract value of $25,000 or more that would be covered for procurement by the United States under the Agreement (as defined in paragraph (1)), but for the thresholds provided for in the Agreement.
  • 19 U.S.C. § 2544(b)(4)
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    (4) in case of such information that is of foreign origin, provide, at such reasonable fee as the Secretary shall prescribe, such translation services as may be necessary;
  • 19 U.S.C. § 2544(b)(6)
    Go to provision →
    (6) provide such other services as may be appropriate, including but not limited to, such services to the technical offices established under section 2542 of this title as may be requested by those offices in carrying out their functions.
  • 19 U.S.C. § 2546
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    The Trade Representative and the Secretary concerned may each, with respect to functions for which responsible under this subchapter, make available, on a reimbursable basis or otherwise, to any other Federal agency, State agency, or private person such assistance, including, but not limited to, employees, services, and facilities, as may be appropriate to assist such agency or person in carrying out standards-related activities in a manner consistent with this subchapter.
  • 19 U.S.C. § 2605(e)(1)
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    (1) The Director of the United States Information Agency shall make available to the Committee such administrative and technical support services and assistance as it may reasonably require to carry out its activities. Upon the request of the Committee, the head of any other Federal agency may detail to the Committee, on a reimbursable basis, any of the personnel of such agency to assist the Committee in carrying out its functions, and provide such information and assistance as the Committee may reasonably require to carry out its activities.
  • 19 U.S.C. § 2703(b)(2)(A)(iv)(III)
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    (III) The United States Customs Service shall develop and implement methods and procedures to ensure ongoing compliance with the requirement set forth in subclause (II). If the Customs Service finds that a producer or an entity controlling production has not satisfied such requirement in a 1-year period, then apparel articles described in subclause (I) of that producer or entity shall be ineligible for preferential treatment under subparagraph (B) during any succeeding 1-year period until the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of such articles of that producer or entity entered during the preceding 1-year period is at least 85 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under this clause during the preceding 1-year period.
  • 19 U.S.C. § 2901(b)(8)(C)
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    (C) to obtain the enforcement of GATT rules against—
    (i) state trading enterprises, and
    (ii) the acts, practices, or policies of any foreign government which, as a practical matter, unreasonably require that—
    (I) substantial direct investment in the foreign country be made,
    (II) intellectual property be licensed to the foreign country or to any firm of the foreign country, or
    (III) other collateral concessions be made,
    as a condition for the importation of any product or service of the United States into the foreign country or as a condition for carrying on business in the foreign country.
  • 19 U.S.C. § 2901(b)(9)(A)
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    (A) The principal negotiating objectives of the United States regarding trade in services are—
    (i) to reduce or to eliminate barriers to, or other distortions of, international trade in services, including barriers that deny national treatment and restrictions on establishment and operation in such markets; and
    (ii) to develop internationally agreed rules, including dispute settlement procedures, which—
    (I) are consistent with the commercial policies of the United States, and
    (II) will reduce or eliminate such barriers or distortions, and help ensure fair, equitable opportunities for foreign markets.
  • 19 U.S.C. § 2901(b)(9)(A)(i)
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    (i) to reduce or to eliminate barriers to, or other distortions of, international trade in services, including barriers that deny national treatment and restrictions on establishment and operation in such markets; and
  • 19 U.S.C. § 2906(5)(A)
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    (A) trade in both goods and services, and
  • 19 U.S.C. § 2906(5)(B)
    Go to provision →
    (B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.
  • 19 U.S.C. § 2906(6)(A)(i)
    Go to provision →
    (i) purchases goods or services in international trade for any purpose other than the use of such goods or services by such agency, instrumentality, administrative unit, or foreign country, or
  • 19 U.S.C. § 2906(6)(A)(ii)
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    (ii) sells goods or services in international trade; or
  • 19 U.S.C. § 2906(6)(B)(iii)
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    (iii) purchases goods or services in international trade for any purpose other than the use of such goods or services by such foreign country, agency, instrumentality, or administrative unit, or which sells goods or services in international trade.
  • 19 U.S.C. § 3101(a)(1)
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    (1) rapid growth in the world market for telecommunications products and services is likely to continue for several decades;
  • 19 U.S.C. § 3101(a)(2)
    Go to provision →
    (2) the United States can improve prospects for—
    (A) the growth of—
    (i) United States exports of telecommunications products and services, and
    (ii) export-related employment and consumer services in the United States, and
    (B) the continuance of the technological leadership of the United States,
    by undertaking a program to achieve an open world market for trade in telecommunications products, services, and investment;
  • 19 U.S.C. § 3101(a)(2)(A)(i)
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    (i) United States exports of telecommunications products and services, and
  • 19 U.S.C. § 3101(a)(2)(A)(ii)
    Go to provision →
    (ii) export-related employment and consumer services in the United States, and
  • 19 U.S.C. § 3101(a)(3)
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    (3) most foreign markets for telecommunications products, services, and investment are characterized by extensive government intervention (including restrictive import practices and discriminatory procurement practices) which adversely affect United States exports of telecommunications products and services and United States investment in telecommunications;
  • 19 U.S.C. § 3101(a)(5)
    Go to provision →
    (5) unless this imbalance is corrected through the achievement of mutually advantageous market opportunities for trade in telecommunications products and services between the United States and foreign countries, the United States should avoid granting continued open access to the telecommunications products and services of such foreign countries in the United States market; and
  • 19 U.S.C. § 3101(a)(6)
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    (6) the unique business conditions in the worldwide market for telecommunications products and services caused by the combination of deregulation and divestiture in the United States, which represents a unilateral liberalization of United States trade with the rest of the world, and continuing government intervention in the domestic industries of many other countries create a need to make an exception in the case of telecommunications products and services that should not necessarily be a precedent for legislating specific sectoral priorities in combating the closed markets or unfair foreign trade practices of other countries.
  • 19 U.S.C. § 3101(b)(3)
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    (3) to develop an international consensus in favor of open trade and competition in telecommunications products and services;
  • 19 U.S.C. § 3101(b)(5)
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    (5) to achieve a more open world trading system for telecommunications products and services through negotiation and provision of mutually advantageous market opportunities for United States telecommunications exporters and their subsidiaries in those markets in which barriers exist to free international trade.
  • 19 U.S.C. § 3103(b)(1)
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    (1) the nature and significance of the acts, policies, and practices that deny mutually advantageous market opportunities to telecommunications products and services of United States firms;
  • 19 U.S.C. § 3103(b)(3)
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    (3) the potential size of the market of a foreign country for telecommunications products and services of United States firms;
  • 19 U.S.C. § 3103(b)(4)
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    (4) the potential to increase United States exports of telecommunications products and services, either directly or through the establishment of a beneficial precedent; and
  • 19 U.S.C. § 3104(c)(1)
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    (1) to obtain multilateral or bilateral agreements (or the modification of existing agreements) that provide mutually advantageous market opportunities for trade in telecommunications products and services between the United States and foreign countries;
  • 19 U.S.C. § 3104(c)(2)
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    (2) to correct the imbalances in market opportunities accruing from reductions in barriers to the access of telecommunications products and services of foreign firms to the United States market; and
  • 19 U.S.C. § 3104(c)(3)
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    (3) to facilitate the increase in United States exports of telecommunications products and services to a level of exports that reflects the competitiveness of the United States telecommunications industry.
  • 19 U.S.C. § 3104(d)
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    (d) The specific negotiating objectives of the United States under this section regarding telecommunications products and services are to obtain—
    (1) national treatment for telecommunications products and services that are provided by United States firms;
    (2) most-favored-nation treatment for such products and services;
    (3) nondiscriminatory procurement policies with respect to such products and services and the inclusion under the Agreement on Government Procurement of the procurement (by sale or lease by government-owned or controlled entities) of all telecommunications products and services;
    (4) the reduction or elimination of customs duties on telecommunications products;
    (5) the elimination of subsidies, violations of intellectual property rights, and other unfair trade practices that distort international trade in telecommunications products and services;
    (6) the elimination of investment barriers that restrict the establishment of foreign-owned business entities which market such products and services;
    (7) assurances that any requirement for the registration of telecommunications products, which are to be located on customer premises, for the purposes of—
    (A) attachment to a telecommunications network in a foreign country, and
    (B) the marketing of the products in a foreign country,
    be limited to the certification by the manufacturer that the products meet the standards established by the foreign country for preventing harm to the network or network personnel;
    (8) transparency of, and open participation in, the standards-setting processes used in foreign countries with respect to telecommunications products;
    (9) the ability to have telecommunications products, which are to be located on customer premises, approved and registered by type, and, if appropriate, the establishment of procedures between the United States and foreign countries for the mutual recognition of type approvals;
    (10) access to the basic telecommunications network in foreign countries on reasonable and nondiscriminatory terms and conditions (including nondiscriminatory prices) for the provision of value-added services by United States suppliers;
    (11) the nondiscriminatory procurement of telecommunications products and services by foreign entities that provide local exchange telecommunications services which are owned, controlled, or, if appropriate, regulated by foreign governments; and
    (12) monitoring and effective dispute settlement mechanisms to facilitate compliance with matters referred to in the preceding paragraphs of this subsection.
  • 19 U.S.C. § 3104(d)(1)
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    (1) national treatment for telecommunications products and services that are provided by United States firms;
  • 19 U.S.C. § 3104(d)(2)
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    (2) most-favored-nation treatment for such products and services;
  • 19 U.S.C. § 3104(d)(3)
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    (3) nondiscriminatory procurement policies with respect to such products and services and the inclusion under the Agreement on Government Procurement of the procurement (by sale or lease by government-owned or controlled entities) of all telecommunications products and services;
  • 19 U.S.C. § 3104(d)(5)
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    (5) the elimination of subsidies, violations of intellectual property rights, and other unfair trade practices that distort international trade in telecommunications products and services;
  • 19 U.S.C. § 3104(d)(6)
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    (6) the elimination of investment barriers that restrict the establishment of foreign-owned business entities which market such products and services;
  • 19 U.S.C. § 3104(d)(10)
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    (10) access to the basic telecommunications network in foreign countries on reasonable and nondiscriminatory terms and conditions (including nondiscriminatory prices) for the provision of value-added services by United States suppliers;
  • 19 U.S.C. § 3104(d)(11)
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    (11) the nondiscriminatory procurement of telecommunications products and services by foreign entities that provide local exchange telecommunications services which are owned, controlled, or, if appropriate, regulated by foreign governments; and
  • 19 U.S.C. § 3105(a)(2)
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    (2) In taking actions under paragraph (1), the President shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the President determines that actions against other economic sectors would be more effective in achieving the general negotiating objectives referred to in paragraph (1).
  • 19 U.S.C. § 3106(a)(1)(B)
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    (B) every other trade agreement regarding telecommunications products or services that is in force with respect to the United States.
  • 19 U.S.C. § 3106(a)(2)(B)
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    (B) otherwise denies, within the context of the terms of such agreement, to telecommunications products and services of United States firms mutually advantageous market opportunities in that foreign country.
  • 19 U.S.C. § 3106(b)(1)
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    (1) In conducting reviews under subsection (a), the Trade Representative shall consider any evidence of actual patterns of trade (including United States exports to a foreign country of telecommunications products and services, including sales and services related to those products) that do not reflect patterns of trade which would reasonably be anticipated to flow from the concessions or commitments of such country based on the international competitive position and export potential of such products and services.
  • 19 U.S.C. § 3106(c)(2)
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    (2) In taking actions under section 301 [19 U.S.C. 2411] by reason of paragraph (1), the Trade Representative shall first take those actions which most directly affect trade in telecommunications products and services with the priority foreign country referred to in paragraph (1), unless the Trade Representative determines that actions against other economic sectors would be more effective in achieving compliance by the foreign country with the trade agreement that is the subject of the affirmative determination made under subsection (a)(2).
  • 19 U.S.C. § 3203(b)(3)(B)(v)(III)
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    (III) The United States Customs Service shall develop and implement methods and procedures to ensure ongoing compliance with the requirement set forth in subclause (II). If the Customs Service finds that a producer or an entity controlling production has not satisfied such requirement in a 1-year period, then apparel articles described in subclause (I) of that producer or entity shall be ineligible for preferential treatment under this paragraph during any succeeding 1-year period until the aggregate cost of fabrics (exclusive of all findings and trimmings) formed in the United States that are used in the production of such articles of that producer or entity entered during the preceding 1-year period is at least 85 percent of the aggregate declared customs value of the fabric (exclusive of all findings and trimmings) contained in all such articles of that producer or entity that are entered and eligible under this clause during the preceding 1-year period.
  • 19 U.S.C. § 3473(b)
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    (b) For the purpose of any civil action which may be brought within the United States by or against the Border Environment Cooperation Commission in accordance with the Border Environment Cooperation Agreement (including an action brought to enforce an arbitral award against the Commission), the Commission shall be deemed to be an inhabitant of the Federal judicial district in which its principal office within the United States, or its agent appointed for the purpose of accepting service or notice of service, is located. Any such action to which the Commission is a party shall be deemed to arise under the laws of the United States, and the district courts of the United States (including the courts enumerated in section 460 of title 28) shall have original jurisdiction of any such action. When the Commission is a defendant in any action in a State court, it may at any time before trial remove the action into the appropriate district court of the United States by following the procedure for removal provided in section 1446 of title 28.
  • 19 U.S.C. § 3511(d)(14)
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    (14) The General Agreement on Trade in Services.
  • 19 U.S.C. § 3522(b)
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    (b) Liquidation or reliquidation may be made under subsection (a) with respect to an entry only if a request therefor is filed with the Customs Service, within 180 days after the date on which the WTO Agreement enters into force with respect to the United States, that contains sufficient information to enable the Customs Service—
    (1) to locate the entry; or
    (2) to reconstruct the entry if it cannot be located.
  • 19 U.S.C. § 3555(a)
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    (a) The principal negotiating objective of the United States in the extended negotiations on financial services to be conducted under the auspices of the WTO is to seek to secure commitments, from a wide range of commercially important developed and developing countries, to reduce or eliminate barriers to the supply of financial services, including barriers that deny national treatment or market access by restricting the establishment or operation of financial services providers, as the condition for the United States—
    (1) offering commitments to provide national treatment and market access in each of the financial services subsectors, and
    (2) making such commitments on a normal trade relations basis.
  • 19 U.S.C. § 3555(a)(1)
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    (1) offering commitments to provide national treatment and market access in each of the financial services subsectors, and
  • 19 U.S.C. § 3555(b)
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    (b) The principal negotiating objective of the United States in the extended negotiations on basic telecommunications services to be conducted under the auspices of the WTO is to obtain the opening on nondiscriminatory terms and conditions of foreign markets for basic telecommunications services through facilities-based competition or through the resale of services on existing networks.
  • 19 U.S.C. § 3704(d)
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    (d) In order to assist in carrying out the purposes of the Forum, the United States Information Service shall disseminate regularly, through multiple media, economic information in support of the free market economic reforms described in this chapter.
  • 19 U.S.C. § 3721(d)
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    (d) The President shall eliminate the existing quotas on textile and apparel articles imported into the United States—
    (1) from Kenya within 30 days after that country adopts an effective visa system to prevent unlawful transshipment of textile and apparel articles and the use of counterfeit documents relating to the importation of the articles into the United States; and
    (2) from Mauritius within 30 days after that country adopts such a visa system.
    The Customs Service shall provide the necessary technical assistance to Kenya and Mauritius in the development and implementation of the visa systems.
  • 19 U.S.C. § 3722(a)(1)(B)
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    (B) has enacted legislation or promulgated regulations that would permit United States Customs Service verification teams to have the access necessary to investigate thoroughly allegations of transshipment through such country;
  • 19 U.S.C. § 3722(a)(1)(C)
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    (C) agrees to report, on a timely basis, at the request of the United States Customs Service, on the total exports from and imports into that country of covered articles, consistent with the manner in which the records are kept by that country;
  • 19 U.S.C. § 3722(a)(1)(F)
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    (F) agrees to report, on a timely basis, at the request of the United States Customs Service, documentation establishing the country of origin of covered articles as used by that country in implementing an effective visa system.
  • 19 U.S.C. § 3722(b)(5)
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    (5) The Customs Service shall monitor and the Commissioner of U.S. Customs and Border Protection shall submit to Congress, not later than March 31 of each year, a report on the effectiveness of the visa systems and the implementation of legislation and regulations described in subsection (a) and on measures taken by countries in sub-Saharan Africa which export textiles or apparel to the United States to prevent circumvention as described in Article 5 of the Agreement on Textiles and Clothing.
  • 19 U.S.C. § 3722(c)
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    (c) The Customs Service shall—
    (1) make available technical assistance to the beneficiary sub-Saharan African countries—
    (A) in the development and implementation of visa systems, legislation, and regulations described in subsection (a)(1)(A); and
    (B) to train their officials in anti-transshipment enforcement;
    (2) send production verification teams to at least four beneficiary sub-Saharan African countries each year; and
    (3) to the extent feasible, place beneficiary sub-Saharan African countries on the Electronic Visa (ELVIS) program.
  • 19 U.S.C. § 3732(b)(5)
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    (5) increasing trade in services; and
  • 19 U.S.C. § 3732(b)(6)
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    (6) encouraging greater sub-Saharan African participation in future negotiations in the World Trade Organization on services and making further commitments in their schedules to the General Agreement on Trade in Services in order to encourage the removal of tariff and nontariff barriers.
  • 19 U.S.C. § 3735(a)(1)
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    (1) The United States and Foreign Commercial Service (hereafter in this section referred to as the “Commercial Service”) plays an important role in helping United States businesses identify export opportunities and develop reliable sources of information on commercial prospects in foreign countries.
  • 19 U.S.C. § 3735(a)(2)
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    (2) During the 1980s, the presence of the Commercial Service in sub-Saharan Africa consisted of 14 professionals providing services in eight countries. By early 1997, that presence had been reduced by half to seven professionals in only four countries.
  • 19 U.S.C. § 3735(a)(3)
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    (3) Since 1997, the Department of Commerce has slowly begun to increase the presence of the Commercial Service in sub-Saharan Africa, adding five full-time officers to established posts.
  • 19 U.S.C. § 3735(a)(4)
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    (4) Although the Commercial Service Officers in these countries have regional responsibilities, this kind of coverage does not adequately service the needs of United States businesses attempting to do business in sub-Saharan Africa.
  • 19 U.S.C. § 3735(a)(5)
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    (5) The Congress has, on several occasions, encouraged the Commercial Service to focus its resources and efforts in countries or regions in Europe or Asia to promote greater United States export activity in those markets, and similar encouragement should be provided for countries in sub-Saharan Africa as well.
  • 19 U.S.C. § 3735(a)(6)
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    (6) Because market information is not widely available in many sub-Saharan African countries, the presence of additional Commercial Service Officers and resources can play a significant role in assisting United States businesses in markets in those countries.
  • 19 U.S.C. § 3735(b)
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    (b) Subject to the availability of appropriations, by not later than December 31, 2001, the Secretary of Commerce, acting through the Assistant Secretary of Commerce and Director General of the United States and Foreign Commercial Service, shall take steps to ensure that—
    (1) at least 20 full-time Commercial Service employees are stationed in sub-Saharan Africa; and
    (2) full-time Commercial Service employees are stationed in not less than 10 different sub-Saharan African countries.
  • 19 U.S.C. § 3735(b)(1)
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    (1) at least 20 full-time Commercial Service employees are stationed in sub-Saharan Africa; and
  • 19 U.S.C. § 3735(b)(2)
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    (2) full-time Commercial Service employees are stationed in not less than 10 different sub-Saharan African countries.
  • 19 U.S.C. § 3735(c)
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    (c) In order to encourage the export of United States goods and services to sub-Saharan African countries, the International Trade Administration shall make a special effort to—
    (1) identify United States goods and services which are the best prospects for export by United States companies to sub-Saharan Africa;
    (2) identify, where appropriate, tariff and nontariff barriers that are preventing or hindering sales of United States goods and services to, or the operation of United States companies in, sub-Saharan Africa;
    (3) hold discussions with appropriate authorities in sub-Saharan Africa on the matters described in paragraphs (1) and (2) with a view to securing increased market access for United States exporters of goods and services;
    (4) identify current resource allocations and personnel levels in sub-Saharan Africa for the Commercial Service and consider plans for the deployment of additional resources or personnel to that region; and
    (5) make available to the public, through printed and electronic means of communication, the information derived pursuant to paragraphs (1) through (4) for each of the 4 years after May 18, 2000.
  • 19 U.S.C. § 3735(c)(1)
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    (1) identify United States goods and services which are the best prospects for export by United States companies to sub-Saharan Africa;
  • 19 U.S.C. § 3735(c)(2)
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    (2) identify, where appropriate, tariff and nontariff barriers that are preventing or hindering sales of United States goods and services to, or the operation of United States companies in, sub-Saharan Africa;
  • 19 U.S.C. § 3735(c)(3)
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    (3) hold discussions with appropriate authorities in sub-Saharan Africa on the matters described in paragraphs (1) and (2) with a view to securing increased market access for United States exporters of goods and services;
  • 19 U.S.C. § 3735(c)(4)
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    (4) identify current resource allocations and personnel levels in sub-Saharan Africa for the Commercial Service and consider plans for the deployment of additional resources or personnel to that region; and
  • 19 U.S.C. § 3801(b)(2)
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    (2) The national security of the United States depends on its economic security, which in turn is founded upon a vibrant and growing industrial base. Trade expansion has been the engine of economic growth. Trade agreements maximize opportunities for the critical sectors and building blocks of the economy of the United States, such as information technology, telecommunications and other leading technologies, basic industries, capital equipment, medical equipment, services, agriculture, environmental technology, and intellectual property. Trade will create new opportunities for the United States and preserve the unparalleled strength of the United States in economic, political, and military affairs. The United States, secured by expanding trade and economic opportunities, will meet the challenges of the twenty-first century.
  • 19 U.S.C. § 3802(b)(2)
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    (2) The principal negotiating objective of the United States regarding trade in services is to reduce or eliminate barriers to international trade in services, including regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers.
  • 19 U.S.C. § 3802(b)(8)
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    (8) The principal negotiating objectives of the United States regarding the use of government regulation or other practices by foreign governments to provide a competitive advantage to their domestic producers, service providers, or investors and thereby reduce market access for United States goods, services, and investments are—
    (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations;
    (B) to require that proposed regulations be based on sound science, cost-benefit analysis, risk assessment, or other objective evidence;
    (C) to establish consultative mechanisms among parties to trade agreements to promote increased transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes; and
    (D) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products.
  • 19 U.S.C. § 3802(b)(9)(B)(i)
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    (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and
  • 19 U.S.C. § 3802(b)(9)(B)(ii)
    Go to provision →
    (ii) the classification of such goods and services ensures the most liberal trade treatment possible;
  • 19 U.S.C. § 3802(b)(11)(F)
    Go to provision →
    (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services; and
  • 19 U.S.C. § 3803(d)
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    (d) In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the principal negotiating objectives set forth in section 3802(b) of this title.
  • 19 U.S.C. § 3808(a)(3)
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    (3) A description of the additional equipment and facilities needed by the United States Customs Service.
  • 19 U.S.C. § 4001(3)
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    (3) to establish free trade between the United States, Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua through the reduction and elimination of barriers to trade in goods and services and to investment; and
  • 19 U.S.C. § 4033(c)(4)(E)(i)
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    (i) calculating the total cost incurred with respect to all goods produced by the producer of the automotive good, subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of all such goods, and then reasonably allocating the resulting net cost of those goods to the automotive good;
  • 19 U.S.C. § 4033(c)(4)(E)(ii)
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    (ii) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the automotive good, and then subtracting any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the portion of the total cost allocated to the automotive good; or
  • 19 U.S.C. § 4033(c)(4)(E)(iii)
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    (iii) reasonably allocating each cost that forms part of the total cost incurred with respect to the automotive good so that the aggregate of all such costs does not include any sales promotion, marketing and after-sales service costs, royalties, shipping and packing costs, or nonallowable interest costs.
  • 19 U.S.C. § 4033(n)(1)
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    (1) The term “adjusted value” means the value determined in accordance with Articles 1 through 8, Article 15, and the corresponding interpretive notes of the Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade 1994 referred to in section 3511(d)(8) of this title, adjusted, if necessary, to exclude any costs, charges, or expenses incurred for transportation, insurance, and related services incident to the international shipment of the merchandise from the country of exportation to the place of importation.
  • 19 U.S.C. § 4033(n)(12)
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    (12) The term “net cost” means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and non-allowable interest costs that are included in the total cost.
  • 19 U.S.C. § 4201(b)(2)(A)
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    (A) The principal negotiating objective of the United States regarding trade in services is to expand competitive market opportunities for United States services and to obtain fairer and more open conditions of trade, including through utilization of global value chains, by reducing or eliminating barriers to international trade in services, such as regulatory and other barriers that deny national treatment and market access or unreasonably restrict the establishment or operations of service suppliers.
  • 19 U.S.C. § 4201(b)(2)(B)
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    (B) Recognizing that expansion of trade in services generates benefits for all sectors of the economy and facilitates trade, the objective described in subparagraph (A) should be pursued through all means, including through a plurilateral agreement with those countries willing and able to undertake high standard services commitments for both existing and new services.
  • 19 U.S.C. § 4201(b)(6)
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    (6) The principal negotiating objectives of the United States with respect to digital trade in goods and services, as well as cross-border data flows, are—
    (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization and bilateral and regional trade agreements apply to digital trade in goods and services and to cross-border data flows;
    (B) to ensure that—
    (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and
    (ii) the classification of such goods and services ensures the most liberal trade treatment possible, fully encompassing both existing and new trade;
    (C) to ensure that governments refrain from implementing trade-related measures that impede digital trade in goods and services, restrict cross-border data flows, or require local storage or processing of data;
    (D) with respect to subparagraphs (A) through (C), where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or cross-border data flows, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and
    (E) to extend the moratorium of the World Trade Organization on duties on electronic transmissions.
  • 19 U.S.C. § 4201(b)(6)(A)
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    (A) to ensure that current obligations, rules, disciplines, and commitments under the World Trade Organization and bilateral and regional trade agreements apply to digital trade in goods and services and to cross-border data flows;
  • 19 U.S.C. § 4201(b)(6)(B)(i)
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    (i) electronically delivered goods and services receive no less favorable treatment under trade rules and commitments than like products delivered in physical form; and
  • 19 U.S.C. § 4201(b)(6)(B)(ii)
    Go to provision →
    (ii) the classification of such goods and services ensures the most liberal trade treatment possible, fully encompassing both existing and new trade;
  • 19 U.S.C. § 4201(b)(6)(C)
    Go to provision →
    (C) to ensure that governments refrain from implementing trade-related measures that impede digital trade in goods and services, restrict cross-border data flows, or require local storage or processing of data;
  • 19 U.S.C. § 4201(b)(6)(D)
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    (D) with respect to subparagraphs (A) through (C), where legitimate policy objectives require domestic regulations that affect digital trade in goods and services or cross-border data flows, to obtain commitments that any such regulations are the least restrictive on trade, nondiscriminatory, and transparent, and promote an open market environment; and
  • 19 U.S.C. § 4201(b)(7)
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    (7) The principal negotiating objectives of the United States regarding the use of government regulation or other practices to reduce market access for United States goods, services, and investments are—
    (A) to achieve increased transparency and opportunity for the participation of affected parties in the development of regulations;
    (B) to require that proposed regulations be based on sound science, cost benefit analysis, risk assessment, or other objective evidence;
    (C) to establish consultative mechanisms and seek other commitments, as appropriate, to improve regulatory practices and promote increased regulatory coherence, including through—
    (i) transparency in developing guidelines, rules, regulations, and laws for government procurement and other regulatory regimes;
    (ii) the elimination of redundancies in testing and certification;
    (iii) early consultations on significant regulations;
    (iv) the use of impact assessments;
    (v) the periodic review of existing regulatory measures; and
    (vi) the application of good regulatory practices;
    (D) to seek greater openness, transparency, and convergence of standards development processes, and enhance cooperation on standards issues globally;
    (E) to promote regulatory compatibility through harmonization, equivalence, or mutual recognition of different regulations and standards and to encourage the use of international and interoperable standards, as appropriate;
    (F) to achieve the elimination of government measures such as price controls and reference pricing which deny full market access for United States products;
    (G) to ensure that government regulatory reimbursement regimes are transparent, provide procedural fairness, are nondiscriminatory, and provide full market access for United States products; and
    (H) to ensure that foreign governments—
    (i) demonstrate that the collection of undisclosed proprietary information is limited to that necessary to satisfy a legitimate and justifiable regulatory interest; and
    (ii) protect such information against disclosure, except in exceptional circumstances to protect the public, or where such information is effectively protected against unfair competition.
  • 19 U.S.C. § 4201(b)(9)
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    (9) The principal negotiating objective of the United States with respect to localization barriers is to eliminate and prevent measures that require United States producers and service providers to locate facilities, intellectual property, or other assets in a country as a market access or investment condition, including indigenous innovation measures.
  • 19 U.S.C. § 4201(b)(10)(F)
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    (F) to seek market access, through the elimination of tariffs and nontariff barriers, for United States environmental technologies, goods, and services;
  • 19 U.S.C. § 4201(b)(20)(A)(ii)
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    (ii) To discourage politically motivated actions to boycott, divest from, or sanction Israel and to seek the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on the State of Israel.
  • 19 U.S.C. § 4202(d)
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    (d) In order to contribute to the continued economic expansion of the United States, the President shall commence negotiations covering tariff and nontariff barriers affecting any industry, product, or service sector, and expand existing sectoral agreements to countries that are not parties to those agreements, in cases where the President determines that such negotiations are feasible and timely and would benefit the United States. Such sectors include agriculture, commercial services, intellectual property rights, industrial and capital goods, government procurement, information technology products, environmental technology and services, medical equipment and services, civil aircraft, and infrastructure products. In so doing, the President shall take into account all of the negotiating objectives set forth in section 4201 of this title.
  • 19 U.S.C. § 4206(a)(4)
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    (4) is an agreement with respect to international trade in services entered into with WTO members with respect to which a notification has been made in a manner consistent with section 4204(a)(1)(A) of this title as of June 29, 2015, or
  • 19 U.S.C. § 4314(c)(1)(A)(vi)
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    (vi) the Department of Health and Human Services;
  • 19 U.S.C. § 4316(b)(3)
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    (3) The Secretary of the Treasury and the Secretary of Homeland Security may transfer members serving on the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note)1 on the day before February 24, 2016, to the Advisory Committee established under subsection (a).
  • 19 U.S.C. § 4316(g)(2)
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    (2) Any reference in law to the Advisory Committee on Commercial Operations of the United States Customs Service established under section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 (19 U.S.C. 2071 note) made on or after the date on which the Advisory Committee is established under subsection (a), shall be deemed a reference to the Commercial Customs Operations Advisory Committee established under subsection (a).
  • 19 U.S.C. § 4331(b)(2)
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    (2) The Secretary of Health and Human Services, who shall serve as the Vice Chair.
  • 19 U.S.C. § 4344(c)(5)
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    (5) the United States Postal Inspection Service;
  • 19 U.S.C. § 4347(d)
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    (d) Not later than the date that is 180 days after February 24, 2016, the Commissioner shall prescribe regulations to enable U.S. Customs and Border Protection to receive donations of hardware, software, equipment, and similar technologies, and to accept training and other support services, from private sector entities, for the purpose of enforcing intellectual property rights.
  • 19 U.S.C. § 4402(b)
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    (b) The Commissioner and the Director are authorized to accept training and other support services from experts outside of the Federal Government with respect to the detection, identification, detention, seizure, and forfeiture of cultural property, archaeological or ethnological materials, or fish, wildlife, and plants described in subsection (a).
  • 19 U.S.C. § 4405(d)(1)(D)
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    (D) To support capacity-building efforts undertaken by the United States pursuant to any free trade agreement to which the United States is a party and to prioritize and give special attention to the timely, consistent, and robust implementation of the commitments and obligations of a party to that free trade agreement, including commitments and obligations related to trade in goods, trade in services, trade in agriculture, foreign investment, intellectual property, digital trade in goods and services and cross-border data flows, regulatory practices, state-owned and state-controlled enterprises, localization barriers to trade, labor and the environment, currency, foreign currency manipulation, anticorruption, trade remedy laws, textiles, and commercial partnerships.
  • 19 U.S.C. § 4421(c)(1)(B)
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    (B) Except as provided in paragraph (3), and pursuant to paragraph (4), prohibit the Federal Government from procuring, or entering into any contract for the procurement of, goods or services from that country on and after such date.
  • 19 U.S.C. § 4421(d)(1)(B)
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    (B) the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives.
  • 19 U.S.C. § 4422(b)(1)(B)
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    (B) Three members shall be appointed by the Speaker of the House of Representatives, upon the recommendation of the chairmen and ranking members of the Committee on Financial Services and the Committee on Ways and Means of the House of Representatives.
  • 19 U.S.C. § 4422(f)
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    (f) The Secretary of the Treasury shall make available to the Committee such staff, information, personnel, administrative services, and assistance as the Committee may reasonably require to carry out the activities of the Committee.
  • 19 U.S.C. § 4433(c)(4)
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    (4) a certification that representatives from U.S. Customs and Border Protection consulted with stakeholders, including providers of commercial air service in the United States, employees of such providers, security experts, and such other parties as the Secretary determines to be appropriate; and
  • 19 U.S.C. § 4451(a)(4)
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    (4) A description of the services provided by U.S. Customs and Border Protection under the agreement during the year preceding the submission of the report.
  • 19 U.S.C. § 4451(b)(1)
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    (1) the program for entering into reimbursable fee agreements for the provision of U.S. Customs and Border Protection services established by section 560 of the Department of Homeland Security Appropriations Act, 2013 (division D of Public Law 113–6; 127 Stat. 378);
  • 19 U.S.C. § 4451(b)(3)
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    (3) the program under which U.S. Customs and Border Protection collects a fee for the use of customs services at designated facilities under section 58b of this title;
  • 19 U.S.C. § 4452(a)(4)
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    (4) More than $45,000,000,000 in goods and services is traded annually between the two countries, in addition to roughly $10,000,000,000 in United States foreign direct investment in Israel.
  • 19 U.S.C. § 4452(c)(1)(B)
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    (B) To discourage politically motivated boycotts of, divestment from, and sanctions against Israel and to seek the elimination of politically motivated nontariff barriers on Israeli goods, services, or other commerce imposed on Israel.
  • 19 U.S.C. § 4531(a)(8)
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    (8) The term “net cost” means total cost minus sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost.
  • 19 U.S.C. § 4531(a)(20)
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    (20) The term “royalties” means payments of any kind, including payments under technical assistance or similar agreements, made as consideration for the use of, or right to use, a copyright, literary, artistic, or scientific work, patent, trademark, design, model, plan, or secret formula or secret process, excluding payments under technical assistance or similar agreements that can be related to a specific service such as—
    (A) personnel training, without regard to where the training is performed; or
    (B) if performed in the territory of one or more USMCA countries, engineering, tooling, die-setting, software design and similar computer services, or other services.
  • 19 U.S.C. § 4531(a)(20)(B)
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    (B) if performed in the territory of one or more USMCA countries, engineering, tooling, die-setting, software design and similar computer services, or other services.
  • 19 U.S.C. § 4531(a)(21)
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    (21) The term “sales promotion, marketing, and after-sales service costs” means the costs related to sales promotion, marketing, and after-sales service for the following:
    (A) Sales and marketing promotion, media advertising, advertising and market research, promotional and demonstration materials, exhibits, sales conferences, trade shows, conventions, banners, marketing displays, free samples, sales, marketing, and after-sales service literature (product brochures, catalogs, technical literature, price lists, service manuals, and sales aid information), establishment and protection of logos and trademarks, sponsorships, wholesale and retail charges, and entertainment.
    (B) Sales and marketing incentives, consumer, retailer, or wholesaler rebates, and merchandise incentives.
    (C) Salaries and wages, sales commissions, bonuses, benefits (such as medical, insurance, and pension benefits), traveling and living expenses, and membership and professional fees for sales promotion, marketing, and after-sales service personnel.
    (D) Product liability insurance.
    (E) Rent and depreciation of sales promotion, marketing, and after-sales service offices and distribution centers.
    (F) Payments by the producer to other persons for warranty repairs.
    (G) If the costs are identified separately for sales promotion, marketing, or after-sales service of goods on the financial statements or cost accounts of the producer, the following:
    (i) Property insurance premiums, taxes, utilities, and repair and maintenance of sales promotion, marketing, and after-sales service offices and distribution centers.
    (ii) Recruiting and training of sales promotion, marketing, and after-sales service personnel, and after-sales training of customers’ employees.
    (iii) Office supplies for sales promotion, marketing, and after-sales service of goods.
    (iv) Telephone, mail, and other communications.
  • 19 U.S.C. § 4531(a)(21)(A)
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    (A) Sales and marketing promotion, media advertising, advertising and market research, promotional and demonstration materials, exhibits, sales conferences, trade shows, conventions, banners, marketing displays, free samples, sales, marketing, and after-sales service literature (product brochures, catalogs, technical literature, price lists, service manuals, and sales aid information), establishment and protection of logos and trademarks, sponsorships, wholesale and retail charges, and entertainment.
  • 19 U.S.C. § 4531(a)(21)(C)
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    (C) Salaries and wages, sales commissions, bonuses, benefits (such as medical, insurance, and pension benefits), traveling and living expenses, and membership and professional fees for sales promotion, marketing, and after-sales service personnel.
  • 19 U.S.C. § 4531(a)(21)(E)
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    (E) Rent and depreciation of sales promotion, marketing, and after-sales service offices and distribution centers.
  • 19 U.S.C. § 4531(a)(21)(G)
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    (G) If the costs are identified separately for sales promotion, marketing, or after-sales service of goods on the financial statements or cost accounts of the producer, the following:
    (i) Property insurance premiums, taxes, utilities, and repair and maintenance of sales promotion, marketing, and after-sales service offices and distribution centers.
    (ii) Recruiting and training of sales promotion, marketing, and after-sales service personnel, and after-sales training of customers’ employees.
    (iii) Office supplies for sales promotion, marketing, and after-sales service of goods.
    (iv) Telephone, mail, and other communications.
  • 19 U.S.C. § 4531(a)(21)(G)(i)
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    (i) Property insurance premiums, taxes, utilities, and repair and maintenance of sales promotion, marketing, and after-sales service offices and distribution centers.
  • 19 U.S.C. § 4531(a)(21)(G)(ii)
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    (ii) Recruiting and training of sales promotion, marketing, and after-sales service personnel, and after-sales training of customers’ employees.
  • 19 U.S.C. § 4531(a)(21)(G)(iii)
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    (iii) Office supplies for sales promotion, marketing, and after-sales service of goods.
  • 19 U.S.C. § 4531(d)(7)(A)
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    (A) calculating the total cost incurred with respect to all goods produced by that producer, subtracting any sales promotion, marketing, and after-sales services costs, royalties, shipping and packing costs, and nonallowable interest costs that are included in the total cost of those goods, and then reasonably allocating the resulting net cost of those goods to the good;
  • 19 U.S.C. § 4531(d)(7)(B)
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    (B) calculating the total cost incurred with respect to all goods produced by that producer, reasonably allocating the total cost to the good, and subtracting any sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs, that are included in the portion of the total cost allocated to the good; or
  • 19 U.S.C. § 4531(d)(7)(C)
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    (C) reasonably allocating each cost that is part of the total cost incurred with respect to the good so that the aggregate of those costs does not include any sales promotion, marketing, and after-sales service costs, royalties, shipping and packing costs, and nonallowable interest costs.
  • 19 U.S.C. § 4571(3)
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    (3) The term “change in circumstance” may include a substantial increase in services supplied by the grantee of a grant of authority.
  • 19 U.S.C. § 4572(d)(1)(B)
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    (B) the employment, wages, hours of service, and working conditions; and
  • 19 U.S.C. § 4582(a)(1)(E)
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    (E) appointment by the Trade Representative for service on the panels and committees convened under chapter 10;
  • 19 U.S.C. § 4582(a)(2)
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    (2) Rosters described in paragraph 1 of Annex 10–B.1 shall include, to the fullest extent practicable, judges and former judges who meet the criteria referred to in paragraph (1). The Trade Representative shall, subject to subsection (b), appoint judges to binational panels convened under chapter 10, extraordinary challenge committees convened under chapter 10, and special committees established under article 10.13, where such judges offer and are available to serve and such service is authorized by the chief judge of the court on which they sit.
  • 19 U.S.C. § 4585(a)(2)
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    (2) the amendment, filing, and service of such pleadings and papers;
  • 19 U.S.C. § 4586(1)(B)
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    (B) the provision of goods or services at preferential rates;
  • 19 U.S.C. § 4673
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    The United States shall provide necessary funding to support the work of the Board, including with respect to translation services and personnel support.
  • 19 U.S.C. § 4711(b)(2)(B)
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    (B) The U.S. Fish and Wildlife Service.
  • 19 U.S.C. § 4711(b)(2)(C)
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    (C) The U.S. Forest Service.
  • 19 U.S.C. § 4711(b)(2)(E)
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    (E) The Animal and Plant Health Inspection Service.
  • 19 U.S.C. § 4732(a)
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    (a) Upon the request of the Trade Representative, the Administrator of the Environmental Protection Agency, the Director of the U.S. Fish and Wildlife Service, and the Administrator of the National Oceanic Atmospheric1 Administration may detail, on a reimbursable basis, one employee of each such respective agency to the Office of the United States Trade Representative to be assigned to the United States Embassy in Mexico to carry out the duties described in subsection (b).

Citations to §2576b(5)

Citations to §2576b(6)

Citations to §2576b(7)

Citations to §2576b(8)