§3002. Definitions — Inbound Citations
19 U.S.C. § 3002
Cited by 59 provisions in release 119-102.
Citations to §3002(1)
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(2) public notice issued by the Commission or other Federal agency; and
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(3) finding, determination, order, recommendation, or other decision made by the Commission or other Federal agency;
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(a) The Commission shall keep the Harmonized Tariff Schedule under continuous review and periodically, at such time as amendments to the Convention are recommended by the Customs Cooperation Council for adoption, and as other circumstances warrant, shall recommend to the President such modifications in the Harmonized Tariff Schedule as the Commission considers necessary or appropriate—(1) to conform the Harmonized Tariff Schedule with amendments made to the Convention;(2) to promote the uniform application of the Convention and particularly the Annex thereto;(3) to ensure that the Harmonized Tariff Schedule is kept up-to-date in light of changes in technology or in patterns of international trade;(4) to alleviate unnecessary administrative burdens; and(5) to make technical rectifications.
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(b) In formulating recommendations under subsection (a), the Commission shall solicit, and give consideration to, the views of interested Federal agencies and the public. For purposes of obtaining public views, the Commission—(1) shall give notice of the proposed recommendations and afford reasonable opportunity for interested parties to present their views in writing; and(2) may provide for a public hearing.
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(c) The Commission shall submit recommendations under this section to the President in the form of a report that shall include a summary of the information on which the recommendations were based, together with a statement of the probable economic effect of each recommended change on any industry in the United States. The report also shall include a copy of all written views submitted by interested Federal agencies and a copy or summary, prepared by the Commission, of the views of all other interested parties.
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(d) The Commission may not recommend any modification to the Harmonized Tariff Schedule unless the modification meets the following requirements:(1) The modification must—(A) be consistent with the Convention or any amendment thereto recommended for adoption;(B) be consistent with sound nomenclature principles; and(C) ensure substantial rate neutrality.(2) Any change to a rate of duty must be consequent to, or necessitated by, nomenclature modifications that are recommended under this section.(3) The modification must not alter existing conditions of competition for the affected United States industry, labor, or trade.
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(a) The President may proclaim modifications, based on the recommendations by the Commission under section 3005 of this title, to the Harmonized Tariff Schedule if the President determines that the modifications—(1) are in conformity with United States obligations under the Convention; and(2) do not run counter to the national economic interest of the United States.
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(a) The Commission shall compile and publish, at appropriate intervals, and keep up to date the Harmonized Tariff Schedule and related information in the form of printed copy; and, if, in its judgment, such format would serve the public interest and convenience—(1) in the form of microfilm images; or(2) in the form of electronic media.
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(3) such other matters as the Commission considers to be necessary or appropriate to carry out the purposes enumerated in the Preamble to the Convention.
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(1) Subject to the policy direction of the Office of the United States Trade Representative under section 3009 of this title, the Department of the Treasury, the Department of Commerce, and the Commission shall, with respect to the activities of the Customs Cooperation Council relating to the Convention—(A) be primarily responsible for formulating United States Government positions on technical and procedural issues; and(B) represent the United States Government.
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(2) The Department of Agriculture and other interested Federal agencies shall provide to the Department of the Treasury, the Department of Commerce, and the Commission technical advice and assistance relating to the functions referred to in paragraph (1).
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(1) In connection with responsibilities arising from the implementation of the Convention and under section 1484(f) of this title regarding United States programs for the development of adequate and comparable statistical information on merchandise trade, the Secretary of the Treasury, the Secretary of Commerce, and the Commission shall prepare technical proposals that are appropriate or required to assure that the United States contribution to the development of the Convention recognizes the needs of the United States business community for a Convention which reflects sound principles of commodity identification, modern producing methods, and current trading patterns and practices.
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(2) In carrying out this subsection, the Secretary of the Treasury, the Secretary of Commerce, and the Commission shall—(A) solicit and consider the views of interested parties in the private sector (including a functional advisory committee) and of interested Federal agencies;(B) establish procedures for reviewing, and developing appropriate responses to, inquiries and complaints from interested parties concerning articles produced in and exported from the United States; and(C) where appropriate, establish procedures for—(i) ensuring that the dispute settlement provisions and other relevant procedures available under the Convention are utilized to promote United States export interests, and(ii) submitting classification questions to the Harmonized System Committee of the Customs Cooperation Council.
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(c) As soon as practicable after August 23, 1988, and periodically thereafter as appropriate, the Commission shall see to the publication of—(1) summary records of the Harmonized System Committee of the Customs Cooperation Council; and(2) subject to applicable copyright laws, the Explanatory Notes, Classification Opinions, and other instruments of the Customs Cooperation Council relating to the Convention.
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(B) At the earliest practicable date after January 1, 1989, the Commission shall initiate an investigation under section 1332 of this title of those final judicial decisions referred to in subparagraph (A) that—(i) are published during the 2-year period beginning on February 1, 1988; and(ii) would have affected tariff treatment if they had been published during the period of the conversion of the old Schedules into the format of the Convention.No later than September 1, 1990, the Commission shall report the results of the investigation to the President, the Committee on Ways and Means, and the Committee on Finance, and shall recommend those changes to the Harmonized Tariff Schedule that the Commission would have recommended if the final decisions concerned had been made before the conversion into the format of the Convention occurred.
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(3) The President shall review all changes recommended by the Commission under paragraph (2)(B) and shall, as soon as practicable, proclaim such of those changes, if any, which he decides are necessary or appropriate to conform such Schedule to the final judicial decisions. Any such change shall be effective with respect to—(A) entries made on or after the date of such proclamation; and(B) entries made on or after January 1, 1989, if, notwithstanding section 1514 of this title, application for liquidation or reliquidation thereof is made by the importer to the customs officer concerned within 180 days after the effective date of such proclamation.
Citations to §3002(2)
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(1) to approve the International Convention on the Harmonized Commodity Description and Coding System;
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(2) to implement in United States law the nomenclature established internationally by the Convention; and
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(3) to provide that the Convention shall be treated as a trade agreement obligation of the United States.
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(a) The Congress approves the accession by the United States of America to the Convention.
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(b) The President may accept for the United States the final legal instruments embodying the Convention. The President shall submit a copy of each final instrument to the Congress on the date it becomes available.
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(c) Neither the entry into force with respect to the United States of the Convention nor the enactment of this chapter may be construed as creating any private right of action or remedy for which provision is not explicitly made under this chapter or under other laws of the United States.
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(d) The provisions of section 2135(a) of this title do not apply to the Convention.
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(1) proclaim such modifications to the Harmonized Tariff Schedule as are consistent with the standards applied in converting the old Schedules into the format of the Convention, as reflected in such Publication No. 2030 and Supplement No. 1.1 thereto, and as are necessary or appropriate to implement—(A) the future outstanding staged rate reductions authorized by the Congress in—(i) the Trade Act of 1974 (19 U.S.C. 2101 et seq.) and the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) to reflect the tariff reductions that resulted from the Tokyo Round of multilateral trade negotiations, and(ii) the United States-Israel Free Trade Area Implementation Act of 1985 [19 U.S.C. 2112 note] to reflect the tariff reduction resulting from the United States-Israel Free Trade Area Agreement,(B) the applicable provisions of—(i) statutes enacted,(ii) executive actions taken, and(iii) final judicial decisions rendered,after January 1, 1988, and before January 1, 1989, and(C) such technical rectifications as the President considers necessary; and
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(a) The Commission shall keep the Harmonized Tariff Schedule under continuous review and periodically, at such time as amendments to the Convention are recommended by the Customs Cooperation Council for adoption, and as other circumstances warrant, shall recommend to the President such modifications in the Harmonized Tariff Schedule as the Commission considers necessary or appropriate—(1) to conform the Harmonized Tariff Schedule with amendments made to the Convention;(2) to promote the uniform application of the Convention and particularly the Annex thereto;(3) to ensure that the Harmonized Tariff Schedule is kept up-to-date in light of changes in technology or in patterns of international trade;(4) to alleviate unnecessary administrative burdens; and(5) to make technical rectifications.
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(1) to conform the Harmonized Tariff Schedule with amendments made to the Convention;
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(2) to promote the uniform application of the Convention and particularly the Annex thereto;
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(A) be consistent with the Convention or any amendment thereto recommended for adoption;
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(1) are in conformity with United States obligations under the Convention; and
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(3) such other matters as the Commission considers to be necessary or appropriate to carry out the purposes enumerated in the Preamble to the Convention.
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The Secretary of Commerce shall compile, and make publicly available, the import and export trade statistics of the United States. Such statistics shall be conformed to the nomenclature of the Convention.
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The United States Trade Representative is responsible for coordination of United States trade policy in relation to the Convention. Before formulating any United States position with respect to the Convention, including any proposed amendments thereto, the United States Trade Representative shall seek, and consider, information and advice from interested parties in the private sector (including a functional advisory committee) and from interested Federal agencies.
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(1) Subject to the policy direction of the Office of the United States Trade Representative under section 3009 of this title, the Department of the Treasury, the Department of Commerce, and the Commission shall, with respect to the activities of the Customs Cooperation Council relating to the Convention—(A) be primarily responsible for formulating United States Government positions on technical and procedural issues; and(B) represent the United States Government.
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(1) In connection with responsibilities arising from the implementation of the Convention and under section 1484(f) of this title regarding United States programs for the development of adequate and comparable statistical information on merchandise trade, the Secretary of the Treasury, the Secretary of Commerce, and the Commission shall prepare technical proposals that are appropriate or required to assure that the United States contribution to the development of the Convention recognizes the needs of the United States business community for a Convention which reflects sound principles of commodity identification, modern producing methods, and current trading patterns and practices.
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(i) ensuring that the dispute settlement provisions and other relevant procedures available under the Convention are utilized to promote United States export interests, and
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(2) subject to applicable copyright laws, the Explanatory Notes, Classification Opinions, and other instruments of the Customs Cooperation Council relating to the Convention.
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(1) The review of the proposed conversion of the Generalized System of Preferences program to the Convention tariff nomenclature, initiated by the Office of the United States Trade Representative by notice published in the Federal Register on December 8, 1986 (at page 44,163 of volume 51 thereof), shall be treated as satisfying the requirements of sections 2463(a) and 2464(c)(3) of this title (as in effect on July 31, 1995).
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(B) At the earliest practicable date after January 1, 1989, the Commission shall initiate an investigation under section 1332 of this title of those final judicial decisions referred to in subparagraph (A) that—(i) are published during the 2-year period beginning on February 1, 1988; and(ii) would have affected tariff treatment if they had been published during the period of the conversion of the old Schedules into the format of the Convention.No later than September 1, 1990, the Commission shall report the results of the investigation to the President, the Committee on Ways and Means, and the Committee on Finance, and shall recommend those changes to the Harmonized Tariff Schedule that the Commission would have recommended if the final decisions concerned had been made before the conversion into the format of the Convention occurred.
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(ii) would have affected tariff treatment if they had been published during the period of the conversion of the old Schedules into the format of the Convention.
Citations to §3002(3)
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(A) This chapter may not be considered to divest the courts of jurisdiction over—(i) any protest filed under section 1514 of this title; or(ii) any petition by an American manufacturer, producer, or wholesaler under section 1516 of this title;covering articles entered before January 1, 1989.
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(B) Nothing in this chapter shall affect the jurisdiction of the courts with respect to articles entered after January 1, 1989.
Citations to §3002(4)
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(2) public notice issued by the Commission or other Federal agency; and
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(3) finding, determination, order, recommendation, or other decision made by the Commission or other Federal agency;
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(b) In formulating recommendations under subsection (a), the Commission shall solicit, and give consideration to, the views of interested Federal agencies and the public. For purposes of obtaining public views, the Commission—(1) shall give notice of the proposed recommendations and afford reasonable opportunity for interested parties to present their views in writing; and(2) may provide for a public hearing.
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(c) The Commission shall submit recommendations under this section to the President in the form of a report that shall include a summary of the information on which the recommendations were based, together with a statement of the probable economic effect of each recommended change on any industry in the United States. The report also shall include a copy of all written views submitted by interested Federal agencies and a copy or summary, prepared by the Commission, of the views of all other interested parties.
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The United States Trade Representative is responsible for coordination of United States trade policy in relation to the Convention. Before formulating any United States position with respect to the Convention, including any proposed amendments thereto, the United States Trade Representative shall seek, and consider, information and advice from interested parties in the private sector (including a functional advisory committee) and from interested Federal agencies.
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(2) The Department of Agriculture and other interested Federal agencies shall provide to the Department of the Treasury, the Department of Commerce, and the Commission technical advice and assistance relating to the functions referred to in paragraph (1).
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(A) solicit and consider the views of interested parties in the private sector (including a functional advisory committee) and of interested Federal agencies;
Citations to §3002(5)
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(1) proclaim such modifications to the Harmonized Tariff Schedule as are consistent with the standards applied in converting the old Schedules into the format of the Convention, as reflected in such Publication No. 2030 and Supplement No. 1.1 thereto, and as are necessary or appropriate to implement—(A) the future outstanding staged rate reductions authorized by the Congress in—(i) the Trade Act of 1974 (19 U.S.C. 2101 et seq.) and the Trade Agreements Act of 1979 (19 U.S.C. 2501 et seq.) to reflect the tariff reductions that resulted from the Tokyo Round of multilateral trade negotiations, and(ii) the United States-Israel Free Trade Area Implementation Act of 1985 [19 U.S.C. 2112 note] to reflect the tariff reduction resulting from the United States-Israel Free Trade Area Agreement,(B) the applicable provisions of—(i) statutes enacted,(ii) executive actions taken, and(iii) final judicial decisions rendered,after January 1, 1988, and before January 1, 1989, and(C) such technical rectifications as the President considers necessary; and
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(B) contain references to the tariff classification of articles under the old Schedules.
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(2) Neither the repeal of the old Schedules, nor the failure of any officer of the United States Government to make the conforming changes required under paragraph (1), shall affect to any extent the validity or effect of the proclamation, regulation, ruling, notice, finding, determination, order, recommendation, or other action referred to in paragraph (1).
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(1) Whenever the President determines that the conversion of an import restriction proclaimed under section 22 of the Agricultural Adjustment Act (7 U.S.C. 624) from part 3 of the Appendix to the old Schedules to subchapter IV of chapter 99 of the Harmonized Tariff Schedule results in—(A) an article that was previously subject to the restriction being excluded from the restriction; or(B) an article not previously subject to the restriction being included within the restriction;the President may proclaim changes in subchapter IV of chapter 99 of the Harmonized Tariff Schedule to conform that subchapter to the fullest extent possible to part 3 of the Appendix to the old Schedules.
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(2) Whenever the President determines that the conversion from headnote 2 of subpart A of part 10 of schedule 1 of the old Schedules to Additional U.S. Note 2, chapter 17, of the Harmonized Tariff Schedule results in—(A) an article that was previously covered by such headnote being excluded from coverage; or(B) an article not previously covered by such headnote being included in coverage;the President may proclaim changes in Additional U.S. Note 2, chapter 17 of the Harmonized Tariff Schedule to conform that note to the fullest extent possible to headnote 2 of subpart A of part 10 of schedule 1 of the old Schedules.
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(A) If any protest or petition referred to in paragraph (1)(A) is sustained in whole or in part by a final judicial decision, the entries subject to that protest or petition and made before January 1, 1989, shall be liquidated or reliquidated, as appropriate, in accordance with such final judicial decision under the old Schedules.
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(ii) would have affected tariff treatment if they had been published during the period of the conversion of the old Schedules into the format of the Convention.
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(4) If any protest or petition referred to in paragraph (1)(A) is not sustained in whole or in part by a final judicial decision, the entries subject to that petition or protest and made before January 1, 1989, shall be liquidated or reliquidated, as appropriate, in accordance with the final judicial decision under the old Schedules.
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Any reference in any law to the “Tariff Schedules of the United States”, “the Tariff Schedules”, “such Schedules”, and any other general reference that clearly refers to the old Schedules shall be treated as a reference to the Harmonized Tariff Schedule.
Citations to §3002(6)
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(C) such technical rectifications as the President considers necessary; and
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(5) to make technical rectifications.