US Codex
U.S.C.
Notes

§4301. Definitions — Inbound Citations

19 U.S.C. § 4301

Cited by 157 provisions in release 119-102.

Citations to 19 U.S.C. § 4301 as a whole

Citations to §4301(1)

Citations to §4301(2)

Citations to §4301(3)

  • 19 U.S.C. § 4311(a)
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    (a) In order to advance the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, the Commissioner shall ensure that partnership programs of U.S. Customs and Border Protection established before February 24, 2016, 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.), and partnership programs of U.S. Customs and Border Protection established on or after February 24, 2016, provide trade benefits to private sector entities that meet the requirements for participation in those programs established by the Commissioner under this section.
  • 19 U.S.C. § 4311(b)
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    (b) In developing and operating partnership programs under subsection (a), the Commissioner shall—
    (1) consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary;
    (2) ensure an integrated and transparent system of trade benefits and compliance requirements for all partnership programs of U.S. Customs and Border Protection;
    (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;
    (4) coordinate with the Director of U.S. Immigration and Customs Enforcement, and other Federal agencies with authority to detain and release merchandise entering the United States—
    (A) to ensure coordination in the release of such merchandise through the Automated Commercial Environment, or its predecessor, and the International Trade Data System established under section 1411(d) of this title;
    (B) to ensure that the partnership programs of those agencies are compatible with the partnership programs of U.S. Customs and Border Protection;
    (C) to develop criteria for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States; and
    (D) to create pathways, within and among the appropriate Federal agencies, for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States to receive immediate clearance absent information that a transaction may pose a national security or compliance threat; and
    (5) ensure that trade benefits are provided to participants in partnership programs.
  • 19 U.S.C. § 4311(b)(1)
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    (1) consult with private sector entities, the public, and other Federal agencies when appropriate, to ensure that participants in those programs receive commercially significant and measurable trade benefits, including providing preclearance of merchandise for qualified persons that demonstrate the highest levels of compliance with the customs and trade laws of the United States, regulations of U.S. Customs and Border Protection, and other requirements the Commissioner determines to be necessary;
  • 19 U.S.C. § 4311(c)
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    (c) Not later than the date that is 180 days after February 24, 2016, and not later than December 31 of each calendar year thereafter, the Commissioner shall submit to the appropriate congressional committees a report that—
    (1) identifies each partnership program referred to in subsection (a);
    (2) for each such program, identifies—
    (A) the requirements for participants in the program;
    (B) the commercially significant and measurable trade benefits provided to participants in the program;
    (C) the number of participants in the program; and
    (D) in the case of a program that provides for participation at multiple tiers, the number of participants at each such tier;
    (3) identifies the number of participants enrolled in more than one such partnership program;
    (4) assesses the effectiveness of each such partnership program in advancing the security, trade enforcement, and trade facilitation missions of U.S. Customs and Border Protection, based on historical developments, the level of participation in the program, and the evolution of benefits provided to participants in the program;
    (5) summarizes the efforts of U.S. Customs and Border Protection to work with other Federal agencies with authority to detain and release merchandise entering the United States to ensure that partnership programs of those agencies are compatible with partnership programs of U.S. Customs and Border Protection;
    (6) summarizes criteria developed with those agencies for authorizing the release, on an expedited basis, of merchandise for which documentation is required from one or more of those agencies to clear or license the merchandise for entry into the United States;
    (7) summarizes the efforts of U.S. Customs and Border Protection to work with private sector entities and the public to develop and improve such partnership programs;
    (8) describes measures taken by U.S. Customs and Border Protection to make private sector entities aware of the trade benefits available to participants in such partnership programs; and
    (9) summarizes the plans, targets, and goals of U.S. Customs and Border Protection with respect to such partnership programs for the 2 years following the submission of the report.
  • 19 U.S.C. § 4312(a)(1)
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    (1) The Commissioner, in consultation with the appropriate congressional committees, shall establish priorities and performance standards to measure the development and levels of achievement of the customs modernization, trade facilitation, and trade enforcement functions and programs described in subsection (b).
  • 19 U.S.C. § 4312(c)(2)
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    (2) The Commissioner shall notify the appropriate congressional committees of any changes to the priorities or performance standards referred to in subsection (a) not later than 30 days before such changes are to take effect.
  • 19 U.S.C. § 4313(a)
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    (a) The Commissioner and the Director shall establish and carry out on a fiscal year basis educational seminars to—
    (1) improve the ability of personnel of U.S. Customs and Border Protection to classify and appraise articles imported into the United States in accordance with the customs and trade laws of the United States;
    (2) improve the trade enforcement efforts of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement; and
    (3) otherwise improve the ability and effectiveness of personnel of U.S. Customs and Border Protection and personnel of U.S. Immigration and Customs Enforcement to facilitate legitimate international trade.
  • 19 U.S.C. § 4313(b)(1)
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    (1) In carrying out subsection (a)(1), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement on the following:
    (A) Conducting a physical inspection of an article imported into the United States, including testing of samples of the article, to determine if the article is mislabeled in the manifest or other accompanying documentation.
    (B) Reviewing the manifest and other accompanying documentation of an article imported into the United States to determine if the country of origin of the article listed in the manifest or other accompanying documentation is accurate.
    (C) Customs valuation.
    (D) Industry supply chains and other related matters as determined to be appropriate by the Commissioner.
  • 19 U.S.C. § 4313(b)(1)(D)
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    (D) Industry supply chains and other related matters as determined to be appropriate by the Commissioner.
  • 19 U.S.C. § 4313(b)(2)
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    (2) In carrying out subsection (a)(2), the Commissioner, the Director, and interested parties in the private sector selected under subsection (c) shall provide instruction and related instructional materials at each educational seminar carried out under this section to personnel of U.S. Customs and Border Protection and, as appropriate, to personnel of U.S. Immigration and Customs Enforcement to identify opportunities to enhance enforcement of the following:
    (A) Collection of countervailing duties assessed under subtitle A of title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) and antidumping duties assessed under subtitle B of title VII of the Tariff Act of 1930 (19 U.S.C. 1673 et seq.).
    (B) Addressing evasion of duties on imports of textiles.
    (C) Protection of intellectual property rights.
    (D) Enforcement of child labor laws.
  • 19 U.S.C. § 4313(b)(3)
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    (3) The instruction and related instructional materials at each educational seminar carried out under this section shall be subject to the approval of the Commissioner and the Director.
  • 19 U.S.C. § 4313(c)(1)
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    (1) The Commissioner shall establish a process to solicit, evaluate, and select interested parties in the private sector for purposes of assisting in providing instruction and related instructional materials described in subsection (b) at each educational seminar carried out under this section.
  • 19 U.S.C. § 4313(c)(2)
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    (2) The Commissioner shall evaluate and select interested parties in the private sector under the process established under paragraph (1) based on—
    (A) availability and usefulness;
    (B) the volume, value, and incidence of mislabeling or misidentification of origin of imported articles; and
    (C) other appropriate criteria established by the Commissioner.
  • 19 U.S.C. § 4313(c)(2)(C)
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    (C) other appropriate criteria established by the Commissioner.
  • 19 U.S.C. § 4313(c)(3)
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    (3) The Commissioner and the Director shall publish in the Federal Register a detailed description of the process established under paragraph (1) and the criteria established under paragraph (2).
  • 19 U.S.C. § 4313(d)(1)
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    (1) The Commissioner shall give due consideration to carrying out an educational seminar under this section in whole or in part to improve the ability of personnel of U.S. Customs and Border Protection to enforce a countervailing or antidumping duty order issued under section 706 or 736 of the Tariff Act of 1930 (19 U.S.C. 1671e or 1673e) upon the request of a petitioner in an action underlying such countervailing or antidumping duty order.
  • 19 U.S.C. § 4313(e)
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    (e) The Commissioner and the Director shall establish performance standards to measure the development and level of achievement of educational seminars carried out under this section.
  • 19 U.S.C. § 4313(f)
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    (f) Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director shall submit to the appropriate congressional committees a report on the effectiveness of educational seminars carried out under this section.
  • 19 U.S.C. § 4314(a)
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    (a) Not later than one year after February 24, 2016, and every 2 years thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly develop and submit to the appropriate congressional committees a joint strategic plan.
  • 19 U.S.C. § 4314(c)(1)
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    (1) In developing the joint strategic plan required under this section, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall consult with—
    (A) appropriate officials from relevant Federal agencies, including—
    (i) the Department of the Treasury;
    (ii) the Department of Agriculture;
    (iii) the Department of Commerce;
    (iv) the Department of Justice;
    (v) the Department of the Interior;
    (vi) the Department of Health and Human Services;
    (vii) the Food and Drug Administration;
    (viii) the Consumer Product Safety Commission; and
    (ix) the Office of the United States Trade Representative; and
    (B) the Commercial Customs Operations Advisory Committee established by section 4316 of this title.
  • 19 U.S.C. § 4314(c)(2)
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    (2) In developing the joint strategic plan required under this section, the Commissioner and the Director shall seek to consult with—
    (A) appropriate officials from relevant foreign law enforcement agencies and international organizations, including the World Customs Organization; and
    (B) interested parties in the private sector.
  • 19 U.S.C. § 4316(b)(1)(B)
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    (B) the Assistant Secretary for Tax Policy of the Department of the Treasury and the Commissioner, who shall jointly co-chair meetings of the Advisory Committee; and
  • 19 U.S.C. § 4317(a)
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    (a) The Commissioner shall, in consultation with the appropriate congressional committees and the Commercial Customs Operations Advisory Committee established under section 4316 of this title, develop and implement Centers of Excellence and Expertise throughout U.S. Customs and Border Protection that—
    (1) enhance the economic competitiveness of the United States by consistently enforcing the laws and regulations of the United States at all ports of entry of the United States and by facilitating the flow of legitimate trade through increasing industry-based knowledge;
    (2) improve enforcement efforts, including enforcement of priority trade issues described in section 4322 of this title, in specific industry sectors through the application of targeting information from the National Targeting Center under section 4318 of this title and from other means of verification;
    (3) build upon the expertise of U.S. Customs and Border Protection in particular industry operations, supply chains, and compliance requirements;
    (4) promote the uniform implementation at each port of entry of the United States of policies and regulations relating to imports;
    (5) centralize the trade enforcement and trade facilitation efforts of U.S. Customs and Border Protection;
    (6) formalize an account-based approach to apply, as the Commissioner determines appropriate, to the importation of merchandise into the United States;
    (7) foster partnerships though the expansion of trade programs and other trusted partner programs;
    (8) develop applicable performance measurements to meet internal efficiency and effectiveness goals; and
    (9) whenever feasible, facilitate a more efficient flow of information between Federal agencies.
  • 19 U.S.C. § 4317(a)(6)
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    (6) formalize an account-based approach to apply, as the Commissioner determines appropriate, to the importation of merchandise into the United States;
  • 19 U.S.C. § 4317(b)
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    (b) Not later than December 31, 2016, the Commissioner shall submit to the appropriate congressional committees a report describing—
    (1) the scope, functions, and structure of each Center of Excellence and Expertise developed and implemented under subsection (a);
    (2) the effectiveness of each such Center of Excellence and Expertise in improving enforcement efforts, including enforcement of priority trade issues described in section 4322 of this title, and facilitating legitimate trade;
    (3) the quantitative and qualitative benefits of each such Center of Excellence and Expertise to the trade community, including through fostering partnerships through the expansion of trade programs such as the Importer Self Assessment program and other trusted partner programs;
    (4) all applicable performance measurements with respect to each such Center of Excellence and Expertise, including performance measures with respect to meeting internal efficiency and effectiveness goals;
    (5) the performance of each such Center of Excellence and Expertise in increasing the accuracy and completeness of data with respect to international trade and facilitating a more efficient flow of information between Federal agencies; and
    (6) any planned changes in the number, scope, functions, or any other aspect of the Centers of Excellence and Expertise developed and implemented under subsection (a).
  • 19 U.S.C. § 4318(b)(2)(B)
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    (B) not later than 48 hours after making the determination, notifies the Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection of the determination and the reasons for the determination.
  • 19 U.S.C. § 4318(b)(3)
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    (3) The Assistant Commissioner of the Office of Field Operations of U.S. Customs and Border Protection shall—
    (A) compile an annual summary of all determinations by directors of United States ports of entry under paragraph (2) and the reasons for those determinations;
    (B) conduct an evaluation of the utilization of Trade Alerts issued under paragraph (1); and
    (C) not later than December 31 of each calendar year, submit the summary to the appropriate congressional committees.
  • 19 U.S.C. § 4321(a)
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    (a) Not later than the date that is 180 days after February 24, 2016, the Commissioner shall establish a program that directs U.S. Customs and Border Protection to adjust bond amounts for importers, including new importers and nonresident importers, based on risk assessments of such importers conducted by U.S. Customs and Border Protection, in order to protect the revenue of the Federal Government.
  • 19 U.S.C. § 4321(b)
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    (b) The Commissioner shall ensure that, as part of the program established under subsection (a), U.S. Customs and Border Protection—
    (1) develops risk assessment guidelines for importers, including new importers and nonresident importers, to determine if and to what extent—
    (A) to adjust bond amounts of imported products of such importers; and
    (B) to increase screening of imported products of such importers;
    (2) develops procedures to ensure increased oversight of imported products of new importers, including nonresident importers, relating to the enforcement of the priority trade issues described in section 4322 of this title;
    (3) develops procedures to ensure increased oversight of imported products of new importers, including new nonresident importers, by Centers of Excellence and Expertise established under section 4317 of this title; and
    (4) establishes a centralized database of new importers, including new nonresident importers, to ensure accuracy of information that is required to be provided by such importers to U.S. Customs and Border Protection.
  • 19 U.S.C. § 4322(a)
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    (a) The Commissioner shall establish the following as priority trade issues:
    (1) Agriculture programs.
    (2) Antidumping and countervailing duties.
    (3) Import safety.
    (4) Intellectual property rights.
    (5) Revenue.
    (6) Textiles and wearing apparel.
    (7) Trade agreements and preference programs.
  • 19 U.S.C. § 4322(b)
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    (b) The Commissioner is authorized to establish new priority trade issues and eliminate, consolidate, or otherwise modify the priority trade issues described in subsection (a) if the Commissioner—
    (1) determines it necessary and appropriate to do so; and
    (A) in the case of new priority trade issues, submits to the appropriate congressional committees a summary of proposals to establish such new priority trade issues not later than 30 days after such new priority trade issues are to take effect; and
    (B) in the case of existing priority trade issues, submits to the appropriate congressional committees a summary of proposals to eliminate, consolidate, or otherwise modify such existing priority trade issues not later than 60 days before such changes are to take effect.
  • 19 U.S.C. § 4331(b)(8)
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    (8) The Commissioner of Food and Drugs.
  • 19 U.S.C. § 4331(b)(9)
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    (9) The Commissioner of U.S. Customs and Border Protection.
  • 19 U.S.C. § 4332(d)(1)
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    (1) The Secretary of Homeland Security and the Commissioner shall periodically engage in the exercises referred to in subsection (b)(4), in conjunction with Federal, State, and local agencies and private sector entities, as appropriate, to test and evaluate the protocols and practices identified in the joint import safety rapid response plan at United States ports of entry.
  • 19 U.S.C. § 4332(d)(2)
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    (2) In conducting exercises under paragraph (1), the Secretary and the Commissioner shall—
    (A) make allowance for the resources, needs, and constraints of United States ports of entry of different sizes in representative geographic locations across the United States;
    (B) base evaluations on current risk assessments of merchandise entering the United States at representative United States ports of entry located across the United States;
    (C) ensure that such exercises are conducted in a manner consistent with the National Incident Management System, the National Response Plan, the National Infrastructure Protection Plan, the National Preparedness Guidelines, the Maritime Transportation System Security Plan, and other such national initiatives of the Department of Homeland Security, as appropriate; and
    (D) develop metrics with respect to the resumption of the entry of merchandise into the United States after an incident described in subsection (a)(1).
  • 19 U.S.C. § 4332(d)(3)
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    (3) The Secretary and the Commissioner shall ensure that the testing and evaluation carried out in conducting exercises under paragraph (1)—
    (A) are performed using clear and objective performance measures; and
    (B) result in the identification of specific recommendations or best practices for responding to an incident described in subsection (a)(1).
  • 19 U.S.C. § 4332(d)(4)
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    (4) The Secretary and the Commissioner shall—
    (A) share the recommendations or best practices identified under paragraph (3)(B) among the members of the interagency Import Safety Working Group established under section 4331 of this title and with, as appropriate—
    (i) State, local, and tribal governments;
    (ii) foreign governments; and
    (iii) private sector entities; and
    (B) use such recommendations and best practices to update the joint import safety rapid response plan.
  • 19 U.S.C. § 4333
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    The Commissioner shall ensure that personnel of U.S. Customs and Border Protection assigned to United States ports of entry are trained to effectively administer the provisions of this subchapter and to otherwise assist in ensuring the safety of merchandise imported into the United States and the expeditious entry of such merchandise.
  • 19 U.S.C. § 4342(1)
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    (1) Not later than the date that is 30 business days after seizing merchandise pursuant to subparagraph (G) of section 1595a(c)(2) of this title, the Commissioner shall provide to any person identified under paragraph (2) information regarding the merchandise seized that is equivalent to information provided to copyright owners under regulations of U.S. Customs and Border Protection for merchandise seized for violation of the copyright laws.
  • 19 U.S.C. § 4342(2)
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    (2) Any person injured by the violation of subsection (a)(2) or (b)(1) of section 1201 of title 17 that resulted in the seizure of the merchandise shall be provided information under paragraph (1), if that person is included on a list to be established and maintained by the Commissioner. The Commissioner shall publish notice of the establishment of and revisions to the list in the Federal Register.
  • 19 U.S.C. § 4343
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    Not later than the date that is 180 days after February 24, 2016, the Secretary of Homeland Security shall authorize a process pursuant to which the Commissioner shall enforce a copyright for which the owner has submitted an application for registration under title 17 with the United States Copyright Office, to the same extent and in the same manner as if the copyright were registered with the Copyright Office, including by sharing information, images, and samples of merchandise suspected of infringing the copyright under section 1628a of this title.
  • 19 U.S.C. § 4345
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    The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall include in the joint strategic plan required by section 4314 of this title—
  • 19 U.S.C. § 4346(a)
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    (a) The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall ensure that sufficient personnel are assigned throughout U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, respectively, who have responsibility for preventing the importation into the United States of merchandise that infringes intellectual property rights.
  • 19 U.S.C. § 4346(b)
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    (b) The Commissioner shall—
    (1) assign not fewer than 3 full-time employees of U.S. Customs and Border Protection to the National Intellectual Property Rights Coordination Center established under section 4344 of this title; and
    (2) ensure that sufficient personnel are assigned to United States ports of entry to carry out the directives of the Center.
  • 19 U.S.C. § 4347(a)
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    (a) The Commissioner shall ensure that officers of U.S. Customs and Border Protection are trained to effectively detect and identify merchandise destined for the United States that infringes intellectual property rights, including through the use of technologies identified under subsection (c).
  • 19 U.S.C. § 4347(b)
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    (b) The Commissioner shall consult with private sector entities to better identify opportunities for collaboration between U.S. Customs and Border Protection and such entities with respect to training for officers of U.S. Customs and Border Protection in enforcing intellectual property rights.
  • 19 U.S.C. § 4347(c)
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    (c) In consultation with private sector entities, the Commissioner shall identify—
    (1) technologies with the cost-effective capability to detect and identify merchandise at United States ports of entry that infringes intellectual property rights; and
    (2) cost-effective programs for training officers of U.S. Customs and Border Protection to use such technologies.
  • 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. § 4348(c)
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    (c) The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall lead interagency efforts to collaborate with law enforcement and customs authorities of foreign countries to enforce intellectual property rights.
  • 19 U.S.C. § 4349
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    Not later than September 30, 2016, and annually thereafter, the Commissioner and the Director of U.S. Immigration and Customs Enforcement shall jointly submit to the Committee on Finance of the Senate, the Committee on Ways and Means of the House of Representatives, the Committee on Homeland Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives a report that contains the following:
  • 19 U.S.C. § 4350(b)
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    (b) The Commissioner shall ensure that all versions of Declaration Form 6059B of U.S. Customs and Border Protection, or a successor form, including any electronic equivalent of Declaration Form 6059B or a successor form, printed or displayed on or after the date that is 30 days after February 24, 2016, include a written warning to inform travelers arriving in the United States that importation of merchandise into the United States that infringes intellectual property rights may subject travelers to civil or criminal penalties and may pose serious risks to safety or health.
  • 19 U.S.C. § 4361(3)(A)
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    (A) The term “eligible small business” means any business concern that, in the judgment of the Commissioner, due to its small size, has neither adequate internal resources nor financial ability to obtain qualified outside assistance in preparing and submitting for consideration allegations of evasion.
  • 19 U.S.C. § 4371(a)(2)(A)
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    (A) headquarters personnel led by a Director, who shall report to the Executive Assistant Commissioner of the Office of Trade; and
  • 19 U.S.C. § 4372(a)
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    (a) To determine whether covered merchandise is being entered into the customs territory of the United States through evasion, the Secretary, acting through the Commissioner—
    (1) shall exercise all existing authorities to collect information needed to make the determination; and
    (2) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to—
    (A) a person who filed an allegation with respect to the covered merchandise;
    (B) a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or
    (C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion.
  • 19 U.S.C. § 4372(a)(2)
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    (2) may collect such additional information as is necessary to make the determination through such methods as the Commissioner considers appropriate, including by issuing questionnaires with respect to the entry or entries at issue to—
    (A) a person who filed an allegation with respect to the covered merchandise;
    (B) a person who is alleged to have entered the covered merchandise into the customs territory of the United States through evasion; or
    (C) any other person who is determined to have information relevant to the allegation of entry of covered merchandise into the customs territory of the United States through evasion.
  • 19 U.S.C. § 4372(b)(2)(B)
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    (B) a determination by the Commissioner in another investigation, proceeding, or other action regarding evasion of the unfair trade laws; or
  • 19 U.S.C. § 4374(b)
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    (b) The Commissioner is authorized to take into consideration whether a country is a signatory to a bilateral agreement described in subsection (a) or a party to the USMCA (as defined in section 4502 of this title) and the extent to which the country is cooperating under the bilateral agreement or the USMCA, as the case may be, for purposes of trade enforcement and compliance assessment activities of U.S. Customs and Border Protection that concern evasion by such country’s exports.
  • 19 U.S.C. § 4391
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    The Commissioner shall, to the maximum extent possible, ensure that U.S. Customs and Border Protection—
  • 19 U.S.C. § 4391(2)
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    (2) on the basis of risk assessment metrics, assigns sufficient personnel with primary responsibility for preventing the entry of covered merchandise into the customs territory of the United States through evasion to the ports of entry in the United States at which the Commissioner determines potential evasion presents the most substantial threats to the revenue of the United States; and
  • 19 U.S.C. § 4392(a)
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    (a) Not later than January 15 of each calendar year that begins on or after the date that is 270 days after February 24, 2016, the Commissioner, in consultation with the Secretary of Commerce and the Director of U.S. Immigration and Customs Enforcement, shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on the efforts being taken to prevent and investigate the entry of covered merchandise into the customs territory of the United States through evasion.
  • 19 U.S.C. § 4392(c)
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    (c) The Commissioner shall make available to the public a summary of the report required by subsection (a) that includes, at a minimum—
    (1) a description of the type of merchandise with respect to which investigations were initiated under subsection (b) of section 1517 of this title;
    (2) the amount of additional duties determined to be owed as a result of such investigations and the amount of such duties that were collected;
    (3) an identification of the countries of origin of covered merchandise determined under subsection (c) of such section 1517 of this title to be entered into the customs territory of the United States through evasion; and
    (4) a description of the types of measures used by U.S. Customs and Border Protection to prevent and investigate evasion.
  • 19 U.S.C. § 4402(a)
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    (a) The Commissioner and the Director of U.S. Immigration and Customs Enforcement shall ensure that appropriate personnel of U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement, as the case may be, are trained in the detection, identification, detention, seizure, and forfeiture of cultural property, archaeological or ethnological materials, and fish, wildlife, and plants, the importation, exportation, or trafficking of which violates the laws of the United States.
  • 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. § 4403(a)
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    (a) The Commissioner shall direct appropriate personnel and the use of resources of U.S. Customs and Border Protection to address concerns that honey is being imported into the United States in violation of the customs and trade laws of the United States.
  • 19 U.S.C. § 4403(b)(1)
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    (1) The Commissioner shall compile a database of the individual characteristics of honey produced in foreign countries to facilitate the verification of country of origin markings of imported honey.
  • 19 U.S.C. § 4403(b)(2)
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    (2) The Commissioner shall seek to engage the customs agencies of foreign governments for assistance in compiling the database described in paragraph (1).
  • 19 U.S.C. § 4403(b)(3)
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    (3) In compiling the database described in paragraph (1), the Commissioner shall consult with entities in the honey industry regarding the development of industry standards for honey identification.
  • 19 U.S.C. § 4403(b)(4)
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    (4) In compiling the database described in paragraph (1), the Commissioner shall consult with the Commissioner of Food and Drugs.
  • 19 U.S.C. § 4403(c)
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    (c) Not later than 180 days after February 24, 2016, the Commissioner shall submit to Congress a report that—
    (1) describes and assesses the limitations in the existing analysis capabilities of laboratories with respect to determining the country of origin of honey samples or the percentage of honey contained in a sample; and
    (2) includes any recommendations of the Commissioner for improving such capabilities.
  • 19 U.S.C. § 4403(c)(2)
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    (2) includes any recommendations of the Commissioner for improving such capabilities.
  • 19 U.S.C. § 4403(d)
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    (d) It is the sense of Congress that the Commissioner of Food and Drugs should promptly establish a national standard of identity for honey for the Commissioner of U.S. Customs and Border Protection to use to ensure that imports of honey are—
    (1) classified accurately for purposes of assessing duties; and
    (2) denied entry into the United States if such imports pose a threat to the health or safety of consumers in the United States.
  • 19 U.S.C. § 4433(e)(1)
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    (1) The Commissioner shall report to the appropriate congressional committees, on a quarterly basis—
    (A) the number of U.S. Customs and Border Protection officers, by port, assigned from domestic ports of entry to preclearance operations; and
    (B) the number of the positions at domestic ports of entry vacated by U.S. Customs and Border Protection officers described in subparagraph (A) that have been filled by other hired, trained, and equipped U.S. Customs and Border Protection officers.
  • 19 U.S.C. § 4433(e)(2)
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    (2) If the Commissioner has not filled the positions of U.S. Customs and Border Protection officers that were reassigned to preclearance operations and determines that U.S. Customs and Border Protection processing times at domestic ports of entry from which U.S. Customs and Border Protection officers were reassigned to preclearance operations have significantly increased, the Commissioner, not later than 60 days after making such a determination, shall submit to the appropriate congressional committees an implementation plan for reducing processing times at the domestic ports of entry with such increased processing times.
  • 19 U.S.C. § 4433(e)(3)
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    (3) If the Commissioner does not submit the implementation plan described in paragraph (2) to the appropriate congressional committees before the deadline set forth in such paragraph, the Commissioner may not commence preclearance operations at an additional port of entry in any country until such implementation plan is submitted.
  • 19 U.S.C. § 4435(a)
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    (a) The Commissioner may enter into a cost sharing agreement with airport authorities in foreign countries at which preclearance operations are to be established or maintained if—
    (1) an executive agreement to establish or maintain such preclearance operations pursuant to the authorities under section 1629 of this title and section 1103(a)(7) of title 8 has been signed, but has not yet entered into force; and
    (2) U.S. Customs and Border Protection has incurred, or expects to incur, initial preclearance operations costs in order to establish or maintain preclearance operations under the agreement described in paragraph (1).
  • 19 U.S.C. § 4451(a)
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    (a) Not later than one year after entering into an agreement under a program specified in subsection (b), and annually thereafter until the termination of the program, the Commissioner shall submit to the Committee on Finance and the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Ways and Means and the Committee on Homeland Security of the House of Representatives a report that includes the following:
    (1) A description of the development of the program, including an identification of the authority under which the program operates.
    (2) A description of the type of entity with which U.S. Customs and Border Protection entered into the agreement and the amount that entity reimbursed U.S. Customs and Border Protection under the agreement.
    (3) An identification of the type of port of entry to which the agreement relates and an assessment of how the agreement provides economic benefits and security benefits (if applicable) at the port of entry.
    (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.
    (5) The amount of fees collected under the agreement during that year.
    (6) The total operating expenses of the program during that year.
    (7) A detailed accounting of how the fees collected under the agreement have been spent during that year.
    (8) A summary of any complaints or criticism received by U.S. Customs and Border Protection during that year regarding the agreement.
    (9) An assessment of the compliance of the entity described in paragraph (2) with the terms of the agreement.
    (10) Recommendations with respect to how activities conducted pursuant to the agreement could function more effectively or better produce economic benefits and security benefits (if applicable).
    (11) A summary of the benefits to and challenges faced by U.S. Customs and Border Protection and the entity described in paragraph (2) under the agreement.
    (12) If the entity described in paragraph (2) is an operator of an airport—
    (A) a detailed account of the revenue collected by U.S. Customs and Border Protection at the airport from—
    (i) fees collected under the agreement; and
    (ii) fees collected from sources other than under the agreement, including fees paid by passengers and air carriers; and
    (B) an assessment of the revenue described in subparagraph (A) compared with the operating costs of U.S. Customs and Border Protection at the airport.
  • 19 U.S.C. § 4453
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    Not later than 180 days after February 24, 2016, and annually thereafter, the Commissioner shall submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives a report on compliance with section 1307 of this title that includes the following:
  • 19 U.S.C. § 4453(3)
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    (3) Such other information as the Commissioner considers appropriate with respect to monitoring and enforcing compliance with that section.
  • 19 U.S.C. § 4454(c)(3)(A)
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    (A) Not later than January 1, April 1, July 1, and October 1 of each calendar year, the Commissioner shall verify that textile and apparel articles imported from Nepal to which preferential treatment is extended under this section are not being unlawfully transshipped into the United States.
  • 19 U.S.C. § 4454(c)(3)(B)
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    (B) If the Commissioner determines under subparagraph (A) that textile and apparel articles imported from Nepal to which preferential treatment is extended under this section are being unlawfully transshipped into the United States, the Commissioner shall report that determination to the President.

Citations to §4301(4)

Citations to §4301(5)

Citations to §4301(6)

Citations to §4301(7)