text:
US (United States) Code. Title 19. Chapter 4: Tariff Act of 1930
19 USC CHAPTER 4 - TARIFF ACT OF 1930 01/06/03
TITLE 19 - CUSTOMS DUTIES
CHAPTER 4 - TARIFF ACT OF 1930
SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
1202. Harmonized Tariff Schedule.
SUBTITLE II - SPECIAL PROVISIONS
PART I - MISCELLANEOUS
1301 to 1303. Repealed or Omitted.
1304. Marking of imported articles and containers.
(a) Marking of articles.
(b) Marking of containers.
(c) Marking of certain pipe and fittings.
(d) Marking of compressed gas cylinders.
(e) Marking of certain manhole rings or frames,
covers, and assemblies thereof.
(f) Marking of certain coffee and tea products.
(g) Marking of spices.
(h) Marking of certain silk products.
(i) Additional duties for failure to mark.
(j) Delivery withheld until marked.
(k) Treatment of goods of NAFTA country.
(l) Penalties.
1305. Immoral articles; importation prohibited.
(a) Prohibition of importation.
(b) Enforcement procedures.
(c) Institution of forfeiture proceedings.
(d) Stay of forfeiture proceedings.
(b) Coordination of forfeiture proceedings with
criminal proceedings.
(c) Stay on motion.
1306. Repealed.
1307. Convict-made goods; importation prohibited.
1308. Prohibition on importation of dog and cat fur products.
(a) Definitions.
(b) Prohibitions.
(c) Penalties and enforcement.
(d) Publication of names of certain violators.
(e) Reports.
1309. Supplies for certain vessels and aircraft.
(a) Exemption from customs duties and
internal-revenue tax.
(b) Drawback.
(c) Articles removed in, or returned to, the United
States.
(d) Reciprocal privileges.
1310. Free importation of merchandise recovered from sunken and
abandoned vessels.
1311. Bonded manufacturing warehouses.
1312. Bonded smelting and refining warehouses.
(a) Bond; charges against bond.
(b) Cancellation of charges against bond.
(c) Allowance on bond for wastage of metals.
(d) Credit for exportation of product other than
refined metal.
(e) General bond for two or more warehouses.
(f) Definitions.
(g) Supervision and cost of labor under this section.
1313. Drawback and refunds.
(a) Articles made from imported merchandise.
(b) Substitution for drawback purposes.
(c) Merchandise not conforming to sample or
(d) Flavoring extracts; medicinal or toilet
preparations; bottled distilled spirits and
wines.
(e) Imported salt for curing fish.
(f) Exportation of meats cured with imported salt.
(g) Materials for construction and equipment of
vessels built for foreigners.
(h) Jet aircraft engines.
(i) Time limitation on exportation.
(j) Unused merchandise drawback.
(k) Use of domestic merchandise acquired in exchange
for imported merchandise of same kind and
(l) Regulations.
(m) Source of payment.
(n) Refunds, waivers, or reductions under North
American Free Trade Agreement Implementation
(o) Vessels built for account of resident of NAFTA
(p) Substitution of finished petroleum derivatives.
(q) Packaging material.
(r) Filing drawback claims.
(s) Designation of merchandise by successor.
(t) Drawback certificates.
(u) Eligibility of entered or withdrawn merchandise.
(v) Multiple drawback claims.
(w) Limited applicability for certain agricultural
(x) Drawbacks for recovered materials.
1313a. Appropriations for refunds, drawbacks, bounties, etc.
1315. Effective date of rates of duty.
(a) Articles entered or withdrawn from warehouse for
consumption.
(b) Articles removed from intended place of release.
(c) Quantity of merchandise at time of importation.
(d) Effective date of administrative rulings
resulting in higher rates.
1316. Omitted.
1317. Tobacco products; supplies for certain vessels and aircraft.
(a) Exportation of tobacco products.
(b) Exportation of supplies for certain vessels and
aircraft.
1318. Emergencies.
1319. Duty on coffee imported into Puerto Rico.
1319a. Duty on coffee; ratification of duties imposed by
Legislature of Puerto Rico.
1321. Administrative exemptions.
(a) Disregard of minor discrepancies in collection of
taxes and duties; admission of articles free of
duty or tax; limit on amount of exemption.
(b) Reduction or modification of exemption.
1322. International traffic and rescue work; United States-Mexico
Boundary Treaty of 1970.
(a) Vehicles and other instruments of international
traffic except communications satellites.
(b) Rescue and relief equipment; personal property
related to use of land under United
States-Mexico Boundary Treaty of 1970; forfeit
of articles to United States.
1323. Conservation of fishery resources.
PART II - UNITED STATES INTERNATIONAL TRADE COMMISSION
1330. Organization of Commission.
(a) Membership.
(b) Terms of office.
(c) Chairman and vice chairman; quorum.
(d) Effect of divided vote in certain cases.
(e) Authorization of appropriations.
(f) Treatment of Commission under Paperwork Reduction
1331. General powers.
(a) Administration.
(b) Application of civil service law.
(c) Expenses.
(d) Principal office at Washington.
(e) Office at New York.
(f) Official seal.
1332. Investigations.
(a) Investigations and reports.
(b) Investigations of tariff relations.
(c) Investigation of Paris Economy Pact.
(d) Information for President and Congress.
(e) Definitions.
(f) Omitted.
(g) Reports to President and Congress.
1332a. Importation of red cedar shingles.
(a) Investigation by Commission.
(b) Duty on imported shingles; amount.
(c) Exemptions from duty.
1333. Testimony and production of papers.
(a) Authority to obtain information.
(b) Witnesses and evidence.
(c) Mandamus.
(d) Depositions.
(e) Fees and mileage of witnesses.
(f) Statements under oath.
(g) Representation in court proceedings.
(h) Administrative protective orders.
1334. Cooperation with other agencies.
1335. Rules and regulations.
1336. Equalization of costs of production.
(a) Change of classification or duties.
(b) Repealed.
(c) Proclamation by the President.
(d) Effective date of rates and changes.
(e) Ascertainment of differences in costs of
production.
(f) Modification of changes in duty.
(g) Prohibition against transfers from the free list
to the dutiable list or from the dutiable list
to the free list.
(h) Definitions.
(i) Rules and regulations of President.
(j) Repealed.
(k) Investigations prior to June 17, 1930.
1337. Unfair practices in import trade.
(a) Unlawful activities; covered industries;
(b) Investigation of violations by Commission.
(c) Determinations; review.
(d) Exclusion of articles from entry.
(e) Exclusion of articles from entry during
investigation except under bond; procedures
applicable; preliminary relief.
(f) Cease and desist orders; civil penalty for
violation of orders.
(g) Exclusion from entry or cease and desist order;
conditions and procedures applicable.
(h) Sanctions for abuse of discovery and abuse of
(i) Forfeiture.
(j) Referral to President.
(k) Period of effectiveness; termination of violation
or modification or rescission of exclusion or
(l) Importation by or for United States.
(m) ''United States'' defined.
(n) Disclosure of confidential information.
1337a. Repealed.
1338. Discrimination by foreign countries.
(a) Additional duties.
(b) Exclusion from importation.
(c) Application of proclamation.
(d) Duties to offset commercial disadvantages.
(e) Duties to offset benefits to third country.
(f) Forfeiture of articles.
(g) Ascertainment by Commission of discriminations.
(h) Rules and regulations of Secretary of the
Treasury.
(i) ''Foreign country'' defined.
1339. Trade Remedy Assistance Office.
(a) Establishment; public information.
(b) Procedural assistance by Office and other
(c) Definitions.
1341. Interference with functions of Commission.
(a) Interfering with or influencing the Commission or
its employees.
(b) Penalty.
(c) ''Person'' defined.
PART III - PROMOTION OF FOREIGN TRADE
1351. Foreign trade agreements.
(a) Authority of President; modification and decrease
of duties; altering import restrictions.
(b) Cuba; preferential customs treatment; decrease of
(d) Rate basis for additional increases or decreases;
restoration of terminated treaties forbidden.
(e) Repealed.
(f) Information and advice from industry,
agriculture, and labor.
(a) Application to importation of articles under
foreign-trade agreement.
(b) Termination of foreign trade agreement.
(c) Termination of authority of President.
1353. Indebtedness of foreign countries, effect on.
1354. Notice of intention to negotiate agreement; opportunity to be
heard; President to seek information and advice.
1355 to 1356j. Repealed or Omitted.
1356k. Importation of coffee under International Coffee Agreement,
1983; Presidential powers and duties.
1356l. ''Coffee'' defined.
1356m to 1359. Repealed.
1360. Investigation before trade negotiations.
(a) Report by International Trade Commission.
(b) Procedures and determinations.
1361. Action by President; reports to Congress.
(a) Transmittal by President of trade agreement and
message to Congress.
(b) Transmittal by Commission of copy of report to
the President to Congressional committees.
1362 to 1365. Repealed.
1366. General Agreement on Tariff and Trade unaffected.
SUBTITLE III - ADMINISTRATIVE PROVISIONS
PART I - DEFINITIONS AND NATIONAL CUSTOMS AUTOMATION PROGRAM
SUBPART A - DEFINITIONS
1401. Miscellaneous.
(a) Vessel.
(b) Vehicle.
(c) Merchandise.
(d) Person.
(e) Master.
(f) Day.
(g) Night.
(h) United States.
(i) Officer of the customs; customs officer.
(j) Customs waters.
(k) Hovering vessel.
(l) Secretary.
(m) Controlled substance.
(n) Electronic transmission.
(o) Electronic entry.
(p) Electronic data interchange system.
(q) National Customs Automation Program.
(r) Import activity summary statement.
(s) Reconciliation.
1401a. Value.
(a) Generally.
(b) Transaction value of imported merchandise.
(c) Transaction value of identical merchandise and
similar merchandise.
(d) Deductive value.
(e) Computed value.
(f) Value if other values cannot be determined or
(g) Special rules.
SUBPART B - NATIONAL CUSTOMS AUTOMATION PROGRAM
1411. National Customs Automation Program.
(a) Establishment.
(b) Participation in Program.
(c) Foreign-trade zones.
1412. Program goals.
1413. Implementation and evaluation of Program.
(a) Overall Program plan.
(b) Implementation plan, testing, and evaluation.
(c) Committees.
1414. Remote location filing.
(a) Core entry information.
(b) Additional entry information.
(c) Post-entry summary information.
(d) Definitions.
PART II - REPORT, ENTRY, AND UNLADING OF VESSELS AND VEHICLES
1431. Manifests.
(a) In general.
(b) Production of manifest.
(c) Public disclosure of certain manifest
(d) Regulations.
1431a. Documentation of waterborne cargo.
(a) Applicability.
(b) Documentation required.
(c) Loading undocumented cargo prohibited.
(d) Reporting of undocumented cargo.
(e) Assessment of penalties.
(f) Seizure of undocumented cargo.
(g) Effect on other provisions.
1432, 1432a. Repealed.
1433. Report of arrival of vessels, vehicles, and aircraft.
(a) Vessel arrival.
(b) Vehicle arrival.
(c) Aircraft arrival.
(d) Presentation of documentation.
(e) Prohibition on departures and discharge.
1434. Entry; vessels.
(a) Formal entry.
(b) Preliminary entry.
(c) Regulations.
1435 to 1435b. Repealed or Transferred.
1436. Penalties for violations of arrival, reporting, entry, and
clearance requirements.
(a) Unlawful acts.
(b) Civil penalty.
(c) Criminal penalty.
(d) Additional civil penalty.
1438. Unlawful return of foreign vessel's papers.
1439, 1440. Repealed.
1441. Exceptions to vessel entry and clearance requirements.
1442. Residue cargo.
1446. Supplies and stores retained on board.
1447. Place of entry and unlading.
1448. Unlading.
(a) Permits and preliminary entries.
(b) Special delivery permit.
1449. Unlading at port of entry.
1450. Unlading on Sundays, holidays, or during overtime hours.
1451. Extra compensation.
1452. Lading on Sundays, holidays, or at night.
1453. Lading and unlading of merchandise or baggage; penalties.
1454. Unlading of passengers; penalty.
1455. Boarding and discharging inspectors.
1456. Compensation and expenses of inspectors between ports;
reimbursement.
1457. Time for unlading.
1458. Bulk cargo, time for unlading.
1459. Reporting requirements for individuals.
(a) Individuals arriving other than by conveyance.
(b) Individuals arriving by reported conveyance.
(c) Individuals arriving by unreported conveyance.
(d) Departure from designated customs facilities.
(e) Unlawful acts.
(f) Civil penalty.
(g) Criminal penalty.
1461. Inspection of merchandise and baggage.
1462. Forfeiture.
1463. Sealed vessels and vehicles.
1464. Penalties in connection with sealed vessels and vehicles.
1466. Equipment and repairs of vessels.
(a) Vessels subject to duty; penalties.
(b) Notice.
(c) Violation.
(d) Remission for necessary repairs.
(e) Exclusions for arrivals two or more years after
last departure.
(f) Civil aircraft exception.
(g) Fish net and netting purchases and repairs.
(h) Foreign repair of vessels.
1467. Special inspection, examination, and search.
PART III - ASCERTAINMENT, COLLECTION, AND RECOVERY OF DUTIES
1481. Invoice; contents.
(b) Shipments not purchased and not shipped by
(c) Importer provision of information.
(d) Exceptions by regulations.
1484. Entry of merchandise.
(a) Requirement and time.
(b) Reconciliation.
(c) Release of merchandise.
(d) Signing and contents.
(e) Production of invoice.
(f) Statistical enumeration.
(g) Statement of cost of production.
(h) Admissibility of data electronically transmitted.
(i) Special rule for foreign trade zone operations.
(j) Treatment of multiple entries of merchandise as
single transaction.
1484a. Articles returned from space not to be construed as
importation.
1484b. Deferral of duty on large yachts imported for sale at United
States boat shows.
(b) Definition.
(c) Deferral of duty.
(d) Procedures upon sale.
(e) Procedures upon expiration of bond period.
(f) Regulations.
1485. Declaration.
(a) Requirement; form and contents.
(b) Books and periodicals.
(c) Agents.
(d) Liability of importer of record for increased
duties.
(e) Separate forms for purchase and nonpurchase
importations.
(f) Deceased or insolvent persons; partnerships and
(g) Exported merchandise returned as undeliverable.
1486. Administration of oaths.
(a) Customs officers.
(b) Postmasters.
(c) No compensation.
(d) Verification in lieu of oath.
1487. Value in entry; amendment.
1490. General orders.
(a) Incomplete entry.
(b) Request for possession by Customs.
(c) Government merchandise.
1491. Unclaimed merchandise; disposition of forfeited distilled
spirits, wines and malt liquor.
(a) Appraisal and sale of unclaimed merchandise.
(b) Notice of title vesting in United States.
(c) Retention, transfer, destruction, or other
disposition.
(d) Petition.
(e) Appraisal and sale or other disposition of
forfeited distilled spirits, wines, and malt
liquor.
1492. Destruction of abandoned or forfeited merchandise.
1493. Proceeds of sale.
1494. Expense of weighing and measuring.
1495. Partnership bond.
1496. Examination of baggage.
1496a. Clearance restrictions of individuals returning from abroad;
special circumstances; ''baggage and effects'' defined.
1497. Penalties for failure to declare.
(b) Value of controlled substances.
1498. Entry under regulations.
(a) Authorized for certain merchandise.
(b) Application of general provisions.
1499. Examination of merchandise.
(a) Entry examination.
(b) Testing laboratories.
(c) Detentions.
1500. Appraisement, classification, and liquidation procedure.
1501. Voluntary reliquidations by Customs Service.
1502. Regulations for appraisement and classification.
(a) Powers of Secretary of the Treasury.
(b) Duties of customs officers.
1503. Dutiable value.
1504. Limitation on liquidation.
(a) Liquidation.
(b) Extension.
(c) Notice of suspension.
(d) Removal of suspension.
1505. Payment of duties and fees.
(a) Deposit of estimated duties and fees.
(b) Collection or refund of duties, fees, and
interest due upon liquidation or reliquidation.
(c) Interest.
(d) Delinquency.
1506. Allowance for abandonment and damage.
1507. Tare and draft.
(b) Crude oil and petroleum products.
1508. Recordkeeping.
(a) Requirements.
(b) Exportations to free trade countries.
(c) Period of time.
(d) Limitation.
(e) Subsection (b) penalties.
1509. Examination of books and witnesses.
(a) Authority.
(b) Regulatory audit procedures.
(c) Service of summons.
(d) Special procedures for third-party summonses.
(e) List of records and information.
(f) Recordkeeping compliance program.
(g) Penalties.
1510. Judicial enforcement.
(a) Order of court.
(b) Sanctions.
1512. Deposit of duty receipts.
1513. Customs officer's immunity.
1514. Protest against decisions of Customs Service.
(a) Finality of decisions; return of papers.
(b) Finality of determinations.
(c) Form, number, and amendment of protest; filing of
protest.
(d) Limitation on protest of reliquidation.
(e) Advance notice of certain determinations.
(f) Denial of preferential treatment.
1515. Review of protests.
(a) Administrative review and modification of
decisions.
(b) Request for accelerated disposition of protest.
(c) Request for set aside of denial of further
(d) Voiding denial of protest.
1516. Petitions by domestic interested parties.
(a) Request for classification and rate of duty;
petition.
(b) Determination on petition.
(c) Contest by petitioner of appraised value,
classification, or rate of duty.
(d) Appraisal, classification, and liquidation of
entries of merchandise covered by published
decisions of Secretary.
(e) Consignee or his agent as party in interest
before the Court of International Trade.
(f) Appraisement, classification, and assessment of
duty of merchandise covered by published
decision of Secretary in accordance with final
judicial decision of Court of International
Trade or Court of Appeals for the Federal
Circuit sustaining cause of action in whole or
in part; suspension of liquidation of entries;
publication.
(g) Regulations implementing required procedures.
1516a. Judicial review in countervailing duty and antidumping duty
proceedings.
(a) Review of determination.
(b) Standards of review.
(c) Liquidation of entries.
(d) Standing.
(e) Liquidation in accordance with final decision.
(g) Review of countervailing duty and antidumping
duty determinations involving free trade area
country merchandise.
1520. Refunds and errors.
(a) Cases in which refunds authorized.
(b) Authorization of appropriations.
(c) Reliquidation of entry or reconciliation.
(d) Goods qualifying under NAFTA rules of origin.
1521, 1522. Repealed or Omitted.
1523. Examination of accounts.
1524. Deposit of reimbursable charges.
1526. Merchandise bearing American trade-mark.
(a) Importation prohibited.
(b) Seizure and forfeiture.
(c) Injunction and damages.
(d) Exemptions; publication in Federal Register;
forfeitures; rules and regulations.
(e) Merchandise bearing counterfeit mark; seizure and
forfeiture; disposition of seized goods.
(f) Civil penalties.
1527. Importation of wild mammals and birds in violation of foreign
(b) Forfeiture.
(c) Section not to apply in certain cases.
1528. Taxes not to be construed as duties.
1529. Collection of fees on behalf of other agencies.
PART IV - TRANSPORTATION IN BOND AND WAREHOUSING OF MERCHANDISE
1551. Designation as carrier of bonded merchandise.
1551a. Bonded cartmen or lightermen.
1552. Entry for immediate transportation.
1553. Entry for transportation and exportation; lottery material
from Canada.
1553a. Recordkeeping for merchandise transported by pipeline.
1554. Transportation through contiguous countries.
1555. Bonded warehouses.
(a) Designation; preconditions; bonding requirements;
supervision.
(b) Duty-free sales enterprises.
(c) International travel merchandise.
1556. Bonded warehouses; regulations for establishing.
1557. Entry for warehouse.
(a) Withdrawal of merchandise; time; payment of
charges.
(b) Transferal of right of withdrawal.
(c) Destruction of merchandise at request of
consignee.
(d) Withdrawal before payment.
1558. No remission or refund after release of merchandise.
(a) Exceptions.
(b) Payment of duties required notwithstanding export
or destruction of articles; exception.
1559. Warehouse goods deemed abandoned after 5 years.
1560. Leasing of warehouses.
1561. Public stores.
1562. Manipulation in warehouse.
1563. Allowance for loss, abandonment of warehouse goods.
(a) Abatement or allowance for deterioration, loss or
damage to merchandise in customs custody;
exception.
(b) Abandonment of merchandise to Government;
remittal or refund of duties paid.
1564. Liens.
1565. Cartage.
PART V - ENFORCEMENT PROVISIONS
1581. Boarding vessels.
(b) Officers of Department of the Treasury.
(c) Penalty for presenting forged, altered, or false
(d) Penalty for failure to stop at command.
(e) Seizure of vessel or merchandise.
(f) Duty of customs officers to seize vessel.
(g) Vessels deemed employed within United States.
(h) Application of section to treaties of United
1582. Search of persons and baggage; regulations.
1583. Examination of outbound mail.
(a) Examination.
(b) Search of mail not sealed against inspection and
other mail.
(c) Search of mail sealed against inspection weighing
in excess of 16 ounces.
(d) Search of mail sealed against inspection weighing
16 ounces or less.
1584. Falsity or lack of manifest; penalties.
(a) General rule.
(b) Procedures.
1586. Unlawful unlading or transshipment.
(a) Penalty for unlading prior to grant of
(b) Penalty for transshipment to any vessel for
purpose of unlawful entry.
(c) Penalty for unlawful transshipment to any vessel
of United States.
(d) Liability of master of receiving vessel in
unlawful transshipment.
(e) Imprisonment of persons aiding in unlawful
unlading or transshipment.
(f) Unlading or transshipment because of accident,
stress of weather, etc.
1587. Examination of hovering vessels.
(a) Boarding and examination.
(b) Unexplained lightness of vessel or discharge of
(c) Vessel bona fide bound from one foreign port to
another foreign port.
1588. Transportation between American ports via foreign ports.
1589a. Enforcement authority of customs officers.
1590. Aviation smuggling.
(b) Sea transfers.
(c) Civil penalties.
(d) Criminal penalties.
(e) Seizure and forfeiture.
(f) ''Merchandise'' defined.
(g) Intent of transfer of merchandise.
1592. Penalties for fraud, gross negligence, and negligence.
(a) Prohibition.
(c) Maximum penalties.
(d) Deprivation of lawful duties, taxes, or fees.
(e) Court of International Trade proceedings.
(f) False certifications regarding exports to NAFTA
1592a. Special provisions regarding certain violations.
(a) Publication of names of certain violators.
(b) List of high risk countries.
1593a. Penalties for false drawback claims.
(d) Deprivation of lawful revenue.
(e) Drawback compliance program.
(f) Alternatives to penalties.
(g) Repetitive violations.
(h) Regulation.
(i) Court of International Trade proceedings.
1594. Seizure of conveyances.
(b) Exceptions.
(c) Prohibited merchandise on conveyance.
(e) Costs and expenses of seizure.
1595. Searches and seizures.
(a) Warrant.
(b) Entry upon property of others.
1595a. Forfeitures and other penalties.
(a) Importation, removal, etc. contrary to laws of
(b) Penalty for aiding unlawful importation.
(c) Merchandise introduced contrary to law.
1599. Officers not to be interested in vessels or cargo.
1600. Application of the customs laws to other seizures by customs
1602. Seizure; report to customs officer.
1603. Seizure; warrants and reports.
1604. Seizure; prosecution.
1605. Seizure; custody; storage.
1606. Seizure; appraisement.
1607. Seizure; value $500,000 or less, prohibited articles,
transporting conveyances.
(a) Notice of seizure.
(b) ''Controlled substance'' and ''listed chemical''
(c) Report to Congress.
1608. Seizure; claims; judicial condemnation.
1609. Seizure; summary forfeiture and sale.
(b) Effect.
1610. Seizure; judicial forfeiture proceedings.
1611. Seizure; sale unlawful.
1612. Seizure; summary sale.
1613. Disposition of proceeds of forfeited property.
(a) Application for remission of forfeiture and
restoration of proceeds of sale; disposition of
proceeds when no application has been made.
(b) Disposition of proceeds in excess of penalty
assessed under section 1592.
(c) Treatment of deposits.
(d) Expenses.
1613b. Customs Forfeiture Fund.
(b) United States Coast Guard.
(c) Deposits.
(d) Investment.
(e) Annual reports; audits.
(f) Authorization of appropriations.
1614. Release of seized property.
1615. Burden of proof in forfeiture proceedings.
1616a. Disposition of forfeited property.
(a) State proceedings.
(b) Transfer of seized property; notice.
(c) Retention or transfer of forfeited property.
(d) Liability of United States after transfer.
1617. Compromise of Government claims by Secretary of the Treasury.
1618. Remission or mitigation of penalties.
1619. Award of compensation to informers.
(b) Forfeited property not sold.
(c) Dollar limitation.
(d) Source of payment.
(e) Recovery of bail bond.
1620. Acceptance of money by United States officers.
1621. Limitation of actions.
1622. Foreign landing certificates.
1623. Bonds and other security.
(a) Requirement of bond by regulation.
(b) Conditions and form of bond.
(c) Cancellation of bond.
(d) Validity of bond.
(e) Deposit of money or obligation of United States
in lieu of bond.
1624. General regulations.
1625. Interpretive rulings and decisions; public information.
(a) Publication.
(b) Appeals.
(c) Modification and revocation.
(d) Publication of customs decisions that limit court
(e) Public information.
1626. Steel products trade enforcement.
(a) Export validation requirement.
(b) Period of applicability.
1627a. Unlawful importation or exportation of certain vehicles;
inspections.
(a) Violations; penalties; seizures and forfeitures.
(b) Regulations; violations; penalties.
(d) Cooperation of law enforcement and governmental
authorities.
1628. Exchange of information.
(b) Nondisclosure and uses of information provided.
(c) Government agency of NAFTA country.
1629. Inspections and preclearance in foreign countries.
(b) Functions and duties.
(c) Compliance.
(d) Seizures.
(e) Stationing of foreign customs officers in the
(f) Application of certain laws.
1630. Authority to settle claims.
(b) Limitations.
(c) Final settlement.
1631. Use of private collection agencies.
(b) Contract requirements.
(c) Payment of costs.
PART VI - MISCELLANEOUS PROVISIONS
1641. Customs brokers.
(b) Customs broker's licenses.
(c) Customs broker's permits.
(d) Disciplinary proceedings.
(e) Judicial appeal.
(f) Regulations by the Secretary.
(g) Triennial reports by customs brokers.
(h) Fees and charges.
1643. Application of customs reorganization act.
1644. Application of section 1644a(b)(1) of this title and section
1518(d) of title 33.
1644a. Ports of entry.
(b) Secretary of the Treasury.
(c) Secretary of Agriculture.
(d) Remission and mitigation of penalties.
(e) Summary seizure of aircraft.
(f) Collection of civil penalties.
(g) Authorization of appropriations.
1645. Transportation and interment of remains of deceased employees
in foreign countries; travel or shipping expenses incurred on
foreign ships.
(a) Transfers in foreign countries.
(b) Transportation on foreign ships.
1646a. Supervision by customs officers.
1646b. Random customs inspections for stolen automobiles being
exported.
1646c. Export reporting requirement.
1648. Uncertified checks, United States notes, and national bank
notes receivable for customs duties.
1649. Change in designation of customs attacheAE1s.
1650. Transferred.
1651. Repeals.
(a) Specific repeals.
(b) General repeal.
(c) Rights and liabilities under acts repealed or
modified.
(d) Certain acts not affected.
1652. Separability.
1653. Effective date of chapter.
1653a. Transferred.
1654. Short title.
SUBTITLE IV - COUNTERVAILING AND ANTIDUMPING DUTIES
PART I - IMPOSITION OF COUNTERVAILING DUTIES
1671. Countervailing duties imposed.
(b) Subsidies Agreement country.
(c) Countervailing duty investigations involving
imports not entitled to a material injury
determination.
(d) Treatment of international consortia.
(e) Upstream subsidies.
1671a. Procedures for initiating a countervailing duty
(a) Initiation by administering authority.
(b) Initiation by petition.
(c) Petition determination.
(d) Notification to Commission of determination.
(e) Information regarding critical circumstances.
1671b. Preliminary determinations.
(a) Determination by Commission of reasonable
indication of injury.
(b) Preliminary determination by administering
authority; expedited determinations; waiver of
verification.
(c) Extension of period in extraordinarily
complicated cases.
(d) Effect of determination by the administering
(e) Critical circumstances determinations.
(f) Notice of determination.
(g) Time period where upstream subsidization is
1671c. Termination or suspension of investigation.
(a) Termination of investigation upon withdrawal of
(b) Agreements to eliminate or offset completely a
countervailable subsidy or to cease exports of
subject merchandise.
(c) Agreements eliminating injurious effect.
(d) Additional rules and conditions.
(e) Suspension of investigation procedure.
(f) Effects of suspension of investigation.
(g) Investigation to be continued upon request.
(h) Review of suspension.
(i) Violation of agreement.
(j) Determination not to take agreement into account.
(k) Termination of investigations initiated by
administering authority.
(l) Special rule for regional industry
investigations.
1671d. Final determinations.
(a) Final determination by administering authority.
(b) Final determination by Commission.
(c) Effect of final determinations.
(d) Publication of notice of determinations.
(e) Correction of ministerial errors.
1671e. Assessment of duty.
(a) Publication of countervailing duty order.
(b) Imposition of duties.
(c) Special rule for regional industries.
1671f. Treatment of difference between deposit of estimated
countervailing duty and final assessed duty under countervailing
duty orders.
(a) Deposit of estimated countervailing duty under
section 1671b(d)(1)(B) of this title.
(b) Deposit of estimated countervailing duty under
section 1671e(a)(3) of this title.
1671g. Effect of derogation of Export-Import Bank financing.
1671h. Conditional payment of countervailing duties.
(b) Importer requirements.
PART II - IMPOSITION OF ANTIDUMPING DUTIES
1673. Imposition of antidumping duties.
1673a. Procedures for initiating an antidumping duty investigation.
(b) Agreements to eliminate completely sales at less
than fair value or to cease exports of
merchandise.
(k) Termination of investigation initiated by
(l) Special rule for nonmarket economy countries.
(m) Special rule for regional industry
(a) Publication of antidumping duty order.
(b) Imposition of duty.
(c) Security in lieu of estimated duty pending early
determination of duty.
(d) Special rule for regional industries.
antidumping duty and final assessed duty under antidumping duty
(a) Deposit of estimated antidumping duty under
(b) Deposit of estimated antidumping duty under
1673g. Conditional payment of antidumping duty.
1673h. Establishment of product categories for short life cycle
(a) Establishment of product categories.
(b) Definitions.
(c) Transitional rules.
1673i. Repealed.
PART III - REVIEWS; OTHER ACTIONS REGARDING AGREEMENTS
SUBPART A - REVIEW OF AMOUNT OF DUTY AND AGREEMENTS OTHER THAN
QUANTITATIVE RESTRICTION AGREEMENTS
1675. Administrative review of determinations.
(a) Periodic review of amount of duty.
(b) Reviews based on changed circumstances.
(c) Five-year review.
(d) Revocation of order or finding; termination of
suspended investigation.
(e) Hearings.
(f) Determination that basis for suspension no longer
(g) Reviews to implement results of subsidies
enforcement proceeding.
(h) Correction of ministerial errors.
1675a. Special rules for section 1675(b) and 1675(c) reviews.
(a) Determination of likelihood of continuation or
recurrence of material injury.
(b) Determination of likelihood of continuation or
recurrence of a countervailable subsidy.
(c) Determination of likelihood of continuation or
recurrence of dumping.
1675b. Special rules for injury investigations for certain section
1303 or section 1671(c) countervailing duty orders and
(b) Investigation procedure and schedule.
(c) Pending and suspended countervailing duty
(d) Publication in Federal Register.
(e) Request for simultaneous expedited review under
section 1675(c).
1675c. Continued dumping and subsidy offset.
(c) Distribution procedures.
(d) Parties eligible for distribution of antidumping
and countervailing duties assessed.
(e) Special accounts.
SUBPART B - CONSULTATIONS AND DETERMINATIONS REGARDING QUANTITATIVE
RESTRICTION AGREEMENTS
1676. Required consultations.
(a) Agreements in response to countervailable
subsidies.
(b) Modification of agreements on basis of
consultations.
(c) Special rule regarding agreements under section
1671c(c)(3) of this title.
1676a. Required determinations.
(b) Determinations.
(c) Hearings.
PART IV - GENERAL PROVISIONS
1677. Definitions; special rules.
1677-1. Upstream subsidies.
(a) ''Upstream subsidy'' defined.
(b) Determination of competitive benefit.
(c) Inclusion of amount of countervailable subsidy.
1677-2. Calculation of countervailable subsidies on certain
processed agricultural products.
1677a. Export price and constructed export price.
(a) Export price.
(b) Constructed export price.
(c) Adjustments for export price and constructed
export price.
(d) Additional adjustments to constructed export
(e) Special rule for merchandise with value added
after importation.
(f) Special rule for determining profit.
1677b. Normal value.
(a) Determination.
(b) Sales at less than cost of production.
(c) Nonmarket economy countries.
(d) Special rule for certain multinational
(e) Constructed value.
(f) Special rules for calculation of cost of
production and for calculation of constructed
1677b-1. Currency conversion.
(b) Sustained movement in foreign currency value.
1677c. Hearings.
(a) Investigation hearings.
1677d. Countervailable subsidy practices discovered during a
proceeding.
1677e. Determinations on basis of facts available.
(b) Adverse inferences.
(c) Corroboration of secondary information.
1677f. Access to information.
(a) Information generally made available.
(b) Proprietary information.
(c) Limited disclosure of certain proprietary
information under protective order.
(d) Service.
(f) Disclosure of proprietary information under
protective orders issued pursuant to the North
American Free Trade Agreement or the United
States-Canada Agreement.
(g) Information relating to violations of protective
orders and sanctions.
(h) Opportunity for comment by consumers and
industrial users.
(i) Publication of determinations; requirements for
final determinations.
1677f-1. Sampling and averaging; determination of weighted average
dumping margin and countervailable subsidy rate.
(b) Selection of averages and samples.
(c) Determination of dumping margin.
(d) Determination of less than fair value.
(e) Determination of countervailable subsidy rate.
1677g. Interest on certain overpayments and underpayments.
(b) Rate.
1677h. Drawback treatment.
1677i. Downstream product monitoring.
(a) Petition requesting monitoring.
(b) Monitoring by Commission.
(c) Action on basis of monitoring reports.
1677j. Prevention of circumvention of antidumping and
countervailing duty orders.
(a) Merchandise completed or assembled in United
(b) Merchandise completed or assembled in other
foreign countries.
(c) Minor alterations of merchandise.
(d) Later-developed merchandise.
(e) Commission advice.
(f) Time limits for administering authority
determinations.
1677k. Third-country dumping.
(b) Petition by domestic industry.
(c) Application for antidumping action on behalf of
domestic industry.
(d) Consultation after submission of application.
(e) Action upon refusal of Agreement country to act.
1677l. Antidumping and countervailing duty collections.
1677m. Conduct of investigations and administrative reviews.
(a) Treatment of voluntary responses in
countervailing or antidumping duty
investigations and reviews.
(b) Certification of submissions.
(c) Difficulties in meeting requirements.
(d) Deficient submissions.
(e) Use of certain information.
(f) Nonacceptance of submissions.
(g) Public comment on information.
(h) Termination of investigation or revocation of
order for lack of interest.
(i) Verification.
1677n. Antidumping petitions by third countries.
(a) Filing of petition.
(b) Initiation.
(c) Determinations.
(d) Public comment.
(e) Issuance of order.
(f) Reviews of determinations.
(g) Access to information.
SUBTITLE V - REQUIREMENTS APPLICABLE TO IMPORTS OF CERTAIN
1681. Definitions.
1681a. Requirements for entry of certain cigarettes.
(b) Exemptions.
(c) Customs certifications required for cigarette
imports.
1681b. Enforcement.
(a) Civil penalty.
(b) Forfeitures.
-SECREF-
CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 81c, 3538 of this title;
title 6 section 212; title 7 section 624; title 13 section 301;
title 15 section 69d; title 16 section 1540; title 18 section 983;
title 26 sections 993, 5007; title 33 section 2236; title 42
section 9163.
19 USC SUBTITLE I - HARMONIZED TARIFF SCHEDULE OF THE
UNITED STATES 01/06/03
-COD-
Titles I and II of act June 17, 1930, ch. 497, 46 Stat. 590, 672,
which comprised the dutiable and free lists for articles imported
into the United States, were formerly classified to sections 1001
and 1201 of this title, and were stricken by Pub. L. 87-456, title
I, Sec. 101(a), May 24, 1962, 76 Stat. 72. The Revised Tariff
Schedules, which were classified to section 1202 of this title,
were stricken by Pub. L. 100-418, title I, Sec. 1204(a), Aug. 23,
1988, 102 Stat. 1148, and were replaced by the Harmonized Tariff
Schedule of the United States. See Publication of Harmonized Tariff
Schedule note set out under section 1202 of this title.
United States Tariff Commission renamed United States
International Trade Commission by Pub. L. 93-618, title I, Sec.
171, Jan. 3, 1975, 88 Stat. 2009, which is classified to section
2231 of this title.
ENACTMENT OF HARMONIZED TARIFF SCHEDULE
Pub. L. 100-418, title I, Sec. 1204(a), Aug. 23, 1988, 102 Stat.
1148, provided that: ''The Tariff Act of 1930 (this chapter) is
amended by striking out title I and inserting a new title I
entitled 'Title I - Harmonized Tariff Schedule of the United
States' (hereinafter in this subtitle (subtitle B, Sec. 1201 to
1217, of title I, see Tables for classification) referred to as the
'Harmonized Tariff Schedule') which -
''(1) consists of -
''(A) the General Notes;
''(B) the General Rules of Interpretation;
''(C) the Additional U.S. Rules of Interpretation;
''(D) sections I to XXII, inclusive (encompassing chapters 1
to 99, and including all section and chapter notes, article
provisions, and tariff and other treatment accorded thereto);
''(E) the Chemical Appendix to the Harmonized Tariff
Schedule;
all conforming to the nomenclature of the Convention and as set
forth in Publication No. 2030 of the Commission entitled
'Harmonized Tariff Schedule of the United States Annotated for
Statistical Reporting Purposes' and Supplement No. 1 thereto; but
''(2) does not include the statistical annotations, notes,
annexes, suffixes, check digits, units of quantity, and other
matters formulated under section 484(e) of the Tariff Act of 1930
(19 U.S.C. 1484(e)), nor the table of contents, footnotes, index,
and other matters inserted for ease of reference, that are
included in such Publication No. 2030 or Supplement No. 1.
thereto.''
(For effective date of Harmonized Tariff Schedule as Jan. 1,
1989, see section 1217(b) of Pub. L. 100-418, set out as an
Effective Date note under section 3001 of this title.)
TARIFF CLASSIFICATION ACT OF 1962; ADOPTION OF REVISED TARIFF
SCHEDULES; ADMINISTRATIVE AND SAVINGS PROVISIONS
Titles I and II of Pub. L. 87-456, May 24, 1962, 76 Stat. 72-75,
as amended by Pub. L. 87-794, title II, Sec. 257(g), Oct. 11, 1962,
76 Stat. 882; Pub. L. 100-418, title I, Sec. 1213(b), Aug. 23,
1988, 102 Stat. 1155, provided for adoption of Revised Tariff
Schedules of the United States and administrative and saving
provisions.
SUBTITLE REFERRED TO IN OTHER SECTIONS
This subtitle is referred to in section 1336 of this title.
Sec. 1202. Harmonized Tariff Schedule
-STATAMEND-
PUBLICATION OF HARMONIZED TARIFF SCHEDULE
The Harmonized Tariff Schedule of the United States is not
published in the Code. A current version of the Harmonized Tariff
Schedule is maintained and published periodically by the United
States International Trade Commission and is available for sale
by the Superintendent of Documents, U.S. Government Printing
Office, Washington, D.C. 20402.
REFERENCE TO TARIFF SCHEDULES TO BE TREATED AS REFERENCE TO
Reference in any law to ''Tariff Schedules of the United
States'', ''the Tariff Schedules'', ''such Schedules'', and any
other general reference to the old Schedules to be treated as
reference to Harmonized Tariff Schedule, see section 3012 of this
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in title 26 sections 7652, 9504;
title 50 section 98h-4.
19 USC SUBTITLE II - SPECIAL PROVISIONS 01/06/03
19 USC Part I - Miscellaneous 01/06/03
PART REFERRED TO IN OTHER SECTIONS
This part is referred to in section 1401 of this title.
Sec. 1301. Repealed. Apr. 30, 1946, ch. 244, title V, Sec. 511(1),
60 Stat. 158
Section, act June 17, 1930, ch. 497, title III, Sec. 301, 46
Stat. 685, related to duties and taxes on Philippine articles
coming to the United States and United States articles imported
into the Philippine Islands. Subject matter is covered by
Philippine Trade Act of 1946 (see Short Title note set out under
section 1354 of Title 22, Foreign Relations and Intercourse).
EFFECTIVE DATE OF REPEAL
Repeal effective May 1, 1946, see section 512 of act Apr. 30,
1946, set out as an Effective Date note under section 1354 of Title
22, Foreign Relations and Intercourse.
19 USC Sec. 1301a 01/06/03
Sec. 1301a. Repealed. Pub. L. 87-456, title III, Sec. 301(a), May
24, 1962, 76 Stat. 75
Section, act June 17, 1930, ch. 497, title III, Sec. 301, as
added Sept. 1, 1954, ch. 1213, title IV, Sec. 401, 68 Stat. 1139,
related to rates of duty upon articles coming into the United
States from its insular possessions.
Sec. 1302. Omitted
Section, acts June 17, 1930, ch. 497, title III, Sec. 302, 46
Stat. 686; May 17, 1932, ch. 190, 47 Stat. 158, was incorporated as
section 3361(b) of the Internal Revenue Code of 1939. See section
7653 of Title 26, Internal Revenue Code.
Sec. 1303. Repealed. Pub. L. 103-465, title II, Sec. 261(a), Dec.
8, 1994, 108 Stat. 4908
Stat. 687; Jan. 3, 1975, Pub. L. 93-618, title III, Sec. 331(a), 88
Stat. 2049; Apr. 3, 1979, Pub. L. 96-6, Sec. 1, 93 Stat. 10; July
26, 1979, Pub. L. 96-39, title I, Sec. 103, 105(a), 93 Stat. 190,
193, provided for the levy of countervailing duties.
Section 261(a) of title II of Pub. L. 103-465 provided that this
section is repealed ''effective on the effective date of this title
(Jan. 1, 1995, see Effective Date of 1994 Amendment note set out
under section 1671 of this title)''.
SAVINGS PROVISION
Section 261(b), (c) of title II of Pub. L. 103-465 provided that:
''(b) Savings Provisions. -
''(1) Continuing effect of legal documents. - All orders,
determinations, and other administrative actions -
''(A) which have been issued pursuant to an investigation
conducted under section 303 of the Tariff Act of 1930 (19
U.S.C. 1303), and
''(B) which are in effect on the effective date of this title
(Jan. 1, 1995, see Effective Date of 1994 Amendment note set
out under section 1671 of this title), or were final before
such date and are to become effective on or after such date,
shall continue in effect according to their terms until modified,
terminated, superseded, set aside, or revoked in accordance with
law by the administering authority, the International Trade
Commission, or a court of competent jurisdiction, or by operation
of law. Except as provided in paragraph (3), such orders or
determinations shall be subject to review under section 751 of
the Tariff Act of 1930 (19 U.S.C. 1675) and, to the extent
applicable, investigation under section 753 of such Act (19
U.S.C. 1675b) (as added by this title).
''(2) Proceedings not affected. - The provisions of subsection
(a) shall not affect any proceedings, including notices of
proposed rulemaking, pending before the administering authority
or the International Trade Commission on the effective date of
this title with respect to such section 303 (19 U.S.C. 1303).
Orders shall be issued in such proceedings, appeals shall be
taken therefrom, and payments shall be made pursuant to such
orders, in accordance with such section 303 as in effect on the
day before the effective date of this title and, except as
provided in paragraph (3), shall be subject to review under
section 751 of the Tariff Act of 1930 (19 U.S.C. 1675) and, to
the extent applicable, investigation under section 753 of such
Act (19 U.S.C. 1675b). Orders issued in any such proceedings
shall continue in effect until modified, terminated, superseded,
set aside, or revoked in accordance with law by the administering
authority, a court of competent jurisdiction, or by operation of
law. Nothing in this section shall be deemed to prohibit the
discontinuance or modification of any such proceeding under the
same terms and conditions and to the same extent that such
proceeding could have been discontinued or modified if this
section had not been enacted.
''(3) Suits not affected. - The provisions of subsection (a)
shall not affect the review pursuant to section 516A of the
Tariff Act of 1930 (19 U.S.C. 1516a) of a countervailing duty
order issued pursuant to an investigation conducted under section
303 of such Act (19 U.S.C. 1303) or a review of a countervailing
duty order issued under section 751 of such Act (19 U.S.C. 1675),
if such review is pending or the time for filing such review has
not expired on the effective date of this title.
''(c) Definition of Administering Authority. - For purposes of
this section, the term 'administering authority' has the meaning
given such term by section 771(1) of the Tariff Act of 1930 (19
U.S.C. 1677(1)).''
REFERENCES TO FORMER SECTION 1303
Section 261(d)(1)(C) of Pub. L. 103-365 provided that: ''Any
reference to section 303 (19 U.S.C. 1303) in any other Federal law,
Executive order, rule, or regulation shall be treated as a
reference to section 303 of the Tariff Act of 1930 as in effect on
the day before the effective date of title II of this Act (Jan. 1,
1995, see Effective Date of 1994 Amendment note set out under
section 1671 of this title).''
References to section 1303 in chapter 4 of this title defined to
mean section 1303 as in effect on the day before Jan. 1, 1995, see
section 1677(26) of this title.
Sec. 1304. Marking of imported articles and containers
(a) Marking of articles
Except as hereinafter provided, every article of foreign origin
(or its container, as provided in subsection (b) hereof) imported
into the United States shall be marked in a conspicuous place as
legibly, indelibly, and permanently as the nature of the article
(or container) will permit in such manner as to indicate to an
ultimate purchaser in the United States the English name of the
country of origin of the article. The Secretary of the Treasury
may by regulations -
(1) Determine the character of words and phrases or
abbreviations thereof which shall be acceptable as indicating the
country of origin and prescribe any reasonable method of marking,
whether by printing, stenciling, stamping, branding, labeling, or
by any other reasonable method, and a conspicuous place on the
article (or container) where the marking shall appear;
(2) Require the addition of any other words or symbols which
may be appropriate to prevent deception or mistake as to the
origin of the article or as to the origin of any other article
with which such imported article is usually combined subsequent
to importation but before delivery to an ultimate purchaser; and
(3) Authorize the exception of any article from the
requirements of marking if -
(A) Such article is incapable of being marked;
(B) Such article cannot be marked prior to shipment to the
United States without injury;
(C) Such article cannot be marked prior to shipment to the
United States, except at an expense economically prohibitive of
its importation;
(D) The marking of a container of such article will
reasonably indicate the origin of such article;
(E) Such article is a crude substance;
(F) Such article is imported for use by the importer and not
intended for sale in its imported or any other form;
(G) Such article is to be processed in the United States by
the importer or for his account otherwise than for the purpose
of concealing the origin of such article and in such manner
that any mark contemplated by this section would necessarily be
obliterated, destroyed, or permanently concealed;
(H) An ultimate purchaser, by reason of the character of such
article or by reason of the circumstances of its importation,
must necessarily know the country of origin of such article
even though it is not marked to indicate its origin;
(I) Such article was produced more than twenty years prior to
its importation into the United States;
(J) Such article is of a class or kind with respect to which
the Secretary of the Treasury has given notice by publication
in the weekly Treasury Decisions within two years after July 1,
1937, that articles of such class or kind were imported in
substantial quantities during the five-year period immediately
preceding January 1, 1937, and were not required during such
period to be marked to indicate their origin: Provided, That
this subdivision shall not apply after September 1, 1938, to
sawed lumber and timbers, telephone, trolley, electric-light,
and telegraph poles of wood, and bundles of shingles; but the
President is authorized to suspend the effectiveness of this
proviso if he finds such action required to carry out any trade
agreement entered into under the authority of sections 1351,
1352, 1353, 1354 of this title, as extended; or
(K) Such article cannot be marked after importation except at
any expense which is economically prohibitive, and the failure
to mark the article before importation was not due to any
purpose of the importer, producer, seller, or shipper to avoid
compliance with this section.
(b) Marking of containers
Whenever an article is excepted under subdivision (3) of
subsection (a) of this section from the requirements of marking,
the immediate container, if any, of such article, or such other
container or containers of such article as may be prescribed by the
Secretary of the Treasury, shall be marked in such manner as to
indicate to an ultimate purchaser in the United States the English
name of the country of origin of such article, subject to all
provisions of this section, including the same exceptions as are
applicable to articles under subdivision (3) of subsection (a) of
this section. If articles are excepted from marking requirements
under clause (F), (G), or (H) of subdivision (3) of subsection (a)
of this section, their usual containers shall not be subject to the
marking requirements of this section. Usual containers in use as
such at the time of importation shall in no case be required to be
marked to show the country of their own origin.
(c) Marking of certain pipe and fittings
(1) Except as provided in paragraph (2), no exception may be made
under subsection (a)(3) of this section with respect to pipes of
iron, steel, or stainless steel, to pipe fittings of steel,
stainless steel, chrome-moly steel, or cast and malleable iron each
of which shall be marked with the English name of the country of
origin by means of die stamping, cast-in-mold lettering, etching,
engraving, or continuous paint stenciling.
(2) If, because of the nature of an article, it is technically or
commercially infeasible to mark it by one of the five methods
specified in paragraph (1), the article may be marked by an equally
permanent method of marking or, in the case of small diameter pipe,
tube, and fittings, by tagging the containers or bundles.
(d) Marking of compressed gas cylinders
No exception may be made under subsection (a)(3) of this section
with respect to compressed gas cylinders designed to be used for
the transport and storage of compressed gases whether or not
certified prior to exportation to have been made in accordance with
the safety requirements of sections 178.36 through 178.68 of title
49, Code of Federal Regulations, each of which shall be marked with
the English name of the country of origin by means of die stamping,
molding, etching, raised lettering, or an equally permanent method
of marking.
(e) Marking of certain manhole rings or frames, covers, and
assemblies thereof
with respect to manhole rings or frames, covers, and assemblies
thereof each of which shall be marked on the top surface with the
English name of the country of origin by means of die stamping,
cast-in-mold lettering, etching, engraving, or an equally permanent
method of marking.
(f) Marking of certain coffee and tea products
The marking requirements of subsections (a) and (b) of this
section shall not apply to articles described in subheadings
0901.21, 0901.22, 0902.10, 0902.20, 0902.30, 0902.40, 2101.10, and
2101.20 of the Harmonized Tariff Schedule of the United States, as
in effect on January 1, 1995.
(g) Marking of spices
section shall not apply to articles provided for under subheadings
0904.11, 0904.12, 0904.20, 0905.00, 0906.10, 0906.20, 0907.00,
0910.99, 1106.20, 1207.40, 1207.50, 1207.91, 1404.90, and 3302.10,
and items classifiable in categories 0712.90.60, 0712.90.8080,
1209.91.2000, 1211.90.2000, 1211.90.8040, 1211.90.8050,
3301.90.1010, 3301.90.1020, and 3301.90.1050 of the Harmonized
Tariff Schedule of the United States, as in effect on January 1,
(h) Marking of certain silk products
section shall not apply either to -
(1) articles provided for in subheading 6214.10.10 of the
Harmonized Tariff Schedule of the United States, as in effect on
January 1, 1997; or
(2) articles provided for in heading 5007 of the Harmonized
Tariff Schedule of the United States as in effect on January 1,
(i) Additional duties for failure to mark
If at the time of importation any article (or its container, as
provided in subsection (b) of this section) is not marked in
accordance with the requirements of this section, and if such
article is not exported or destroyed or the article (or its
container, as provided in subsection (b) of this section) marked
after importation in accordance with the requirements of this
section (such exportation, destruction, or marking to be
accomplished under customs supervision prior to the liquidation of
the entry covering the article, and to be allowed whether or not
the article has remained in continuous customs custody), there
shall be levied, collected, and paid upon such article a duty of 10
per centum ad valorem, which shall be deemed to have accrued at the
time of importation, shall not be construed to be penal, and shall
not be remitted wholly or in part nor shall payment thereof be
avoidable for any cause. Such duty shall be levied, collected, and
paid in addition to any other duty imposed by law and whether or
not the article is exempt from the payment of ordinary customs
duties. The compensation and expenses of customs officers and
employees assigned to supervise the exportation, destruction, or
marking to exempt articles from the application of the duty
provided for in this subsection shall be reimbursed to the
Government by the importer.
(j) Delivery withheld until marked
No imported article held in customs custody for inspection,
examination, or appraisement shall be delivered until such article
and every other article of the importation (or their containers),
whether or not released from customs custody, shall have been
marked in accordance with the requirements of this section or until
the amount of duty estimated to be payable under subsection (i) of
this section has been deposited. Nothing in this section shall be
construed as excepting any article (or its container) from the
particular requirements of marking provided for in any other
provision of law.
(k) Treatment of goods of NAFTA country
(1) Application of section
In applying this section to an article that qualifies as a good
of a NAFTA country (as defined in section 3301(4) of this title)
under the regulations issued by the Secretary to implement Annex
311 of the North American Free Trade Agreement -
(A) the exemption under subsection (a)(3)(H) of this section
shall be applied by substituting ''reasonably know'' for
''necessarily know'';
(B) the Secretary shall exempt the good from the requirements
for marking under subsection (a) of this section if the good -
(i) is an original work of art, or
(ii) is provided for under subheading 6904.10, heading
8541, or heading 8542 of the Harmonized Tariff Schedule of
the United States; and
(C) subsection (b) of this section does not apply to the
usual container of any good described in subsection (a)(3)(E)
or (I) of this section or subparagraph (B)(i) or (ii) of this
paragraph.
(2) Petition rights of NAFTA exporters and producers regarding
marking determinations
(A) Definitions
For purposes of this paragraph:
(i) The term ''adverse marking decision'' means a
determination by the Customs Service which an exporter or
producer of merchandise believes to be contrary to Annex 311
of the North American Free Trade Agreement.
(ii) A person may not be treated as the exporter or
producer of merchandise regarding which an adverse marking
decision was made unless such person -
(I) if claiming to be the exporter, is located in a NAFTA
country and is required to maintain records in that country
regarding exportations to NAFTA countries; or
(II) if claiming to be the producer, grows, mines,
harvests, fishes, traps, hunts, manufactures, processes, or
assembles such merchandise in a NAFTA country.
(B) Intervention or petition regarding adverse marking
If the Customs Service makes an adverse marking decision
regarding any merchandise, the Customs Service shall, upon
written request by the exporter or producer of the merchandise,
provide to the exporter or producer a statement of the basis
for the decision. If the exporter or producer believes that
the decision is not correct, it may intervene in any protest
proceeding initiated by the importer of the merchandise. If
the importer does not file a protest with regard to the
decision, the exporter or producer may file a petition with the
Customs Service setting forth -
(i) a description of the merchandise; and
(ii) the basis for its claim that the merchandise should be
marked as a good of a NAFTA country.
(C) Effect of determination regarding decision
If, after receipt and consideration of a petition filed by an
exporter or producer under subparagraph (B), the Customs
Service determines that the adverse marking decision -
(i) is not correct, the Customs Service shall notify the
petitioner of the determination and all merchandise entered,
or withdrawn from warehouse for consumption, more than 30
days after the date that notice of the determination under
this clause is published in the weekly Custom Bulletin shall
be marked in conformity with the determination; or
(ii) is correct, the Customs Service shall notify the
petitioner that the petition is denied.
(D) Judicial review
For purposes of judicial review, the denial of a petition
under subparagraph (C)(ii) shall be treated as if it were a
denial of a petition of an interested party under section 1516
of this title regarding an issue arising under any of the
preceding provisions of this section.
(l) Penalties
Any person who, with intent to conceal the information given
thereby or contained therein, defaces, destroys, removes, alters,
covers, obscures, or obliterates any mark required under the
provisions of this chapter shall -
(1) upon conviction for the first violation of this subsection,
be fined not more than $100,000, or imprisoned for not more than
1 year, or both; and
(2) upon conviction for the second or any subsequent violation
of this subsection, be fined not more than $250,000, or
imprisoned for not more than 1 year, or both.
(June 17, 1930, ch. 497, title III, Sec. 304, 46 Stat. 687; June
25, 1938, ch. 679, Sec. 3, 52 Stat. 1077; Aug. 8, 1953, ch. 397,
Sec. 4(c), 67 Stat. 509; Pub. L. 98-573, title II, Sec. 207, Oct.
30, 1984, 98 Stat. 2976; Pub. L. 99-514, title XVIII, Sec. 1888(1),
Oct. 22, 1986, 100 Stat. 2924; Pub. L. 100-418, title I, Sec.
1907(a)(1), Aug. 23, 1988, 102 Stat. 1314; Pub. L. 103-182, title
II, Sec. 207(a), Dec. 8, 1993, 107 Stat. 2096; Pub. L. 104-295,
Sec. 14(a), (b), Oct. 11, 1996, 110 Stat. 3521, 3522; Pub. L.
106-36, title II, Sec. 2423(a), (b), June 25, 1999, 113 Stat. 180.)
-REFTEXT-
The Harmonized Tariff Schedule of the United States, referred to
in subsecs. (f) to (h) and (k)(1)(B)(ii), is not set out in the
Code. See Publication of Harmonized Tariff Schedule note set out
under section 1202 of this title.
PRIOR PROVISIONS
Provisions dealing with the subject matter of this section and
former section 133 of this title were contained in act Oct. 3,
1913, ch. 16, Sec. IV, F, subsecs. 1 and 2, 38 Stat. 194,
superseding similar provisions of previous tariff acts. Those
subsections were superseded by act Sept. 21, 1922, ch. 356, title
III, Sec. 304(a), 42 Stat. 947, and repealed by Sec. 321 of that
act. Section 304(a) of the act of 1922 was superseded by section
304 of act June 17, 1930, comprising this section, and repealed by
section 651(a)(1) of the 1930 act.
1999 - Subsecs. (h), (i). Pub. L. 106-36, Sec. 2423(a), added
subsec. (h) and redesignated former subsec. (h) as (i). Former
subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 106-36, Sec. 2423(a)(1), (b), redesignated
subsec. (i) as (j) and substituted ''subsection (i)'' for
''subsection (h)''. Former subsec. (j) redesignated (k).
Subsecs. (k), (l). Pub. L. 106-36, Sec. 2423(a)(1), redesignated
subsecs. (j) and (k) as (k) and (l), respectively.
1996 - Subsecs. (f) to (h). Pub. L. 104-295, Sec. 14(a), added
subsecs. (f) and (g) and redesignated former subsec. (f) as (h).
Former subsecs. (g) and (h) redesignated (i) and (j), respectively.
Subsec. (i). Pub. L. 104-295, Sec. 14(a)(1), (b), redesignated
subsec. (g) as (i) and substituted ''subsection (h) of this
section'' for ''subsection (f) of this section''.
Subsecs. (j), (k). Pub. L. 104-295, Sec. 14(a)(1), redesignated
subsecs. (h) and (i) as (j) and (k), respectively.
1993 - Subsec. (c)(1). Pub. L. 103-182, Sec. 207(a)(1),
substituted ''engraving, or continuous paint stenciling'' for ''or
engraving''.
Subsec. (c)(2). Pub. L. 103-182, Sec. 207(a)(2), substituted
''five methods'' for ''four methods'' and struck out ''such as
paint stenciling'' after ''method of marking''.
Subsec. (e). Pub. L. 103-182, Sec. 207(a)(3), substituted
''engraving, or an equally permanent method of marking'' for ''or
Subsecs. (h), (i). Pub. L. 103-182, Sec. 207(a)(4), (5), added
subsec. (h) and redesignated former subsec. (h) as (i).
1988 - Subsec. (h). Pub. L. 100-418 amended subsec. (h)
generally. Prior to amendment, subsec. (h) read as follows: ''If
any person shall, with intent to conceal the information given
thereby or contained therein, deface, destroy, remove, alter,
cover, obscure, or obliterate any mark required under the
provisions of this chapter, he shall, upon conviction, be fined not
more than $5,000 or imprisoned not more than one year, or both.''
1986 - Subsec. (c). Pub. L. 99-514 substituted ''(1) Except as
provided in paragraph (2), no'' for ''No'' and added par. (2).
1984 - Subsecs. (c) to (h). Pub. L. 98-573 added subsecs. (c) to
(e), redesignated former subsecs. (c) to (e) as (f) to (h),
respectively, and in subsec. (g), as redesignated, substituted
''subsection (f) of this section'' for ''subsection (c) of this
section''.
1953 - Subsec. (a)(3)(K). Act Aug. 8, 1953, added cl. (K).
1938 - Act June 25, 1938, amended section generally.
EFFECTIVE DATE OF 1999 AMENDMENT
Pub. L. 106-36, title II, Sec. 2423(c), June 25, 1999, 113 Stat.
180, provided that: ''The amendments made by this section (amending
this section) apply to goods entered, or withdrawn from warehouse
for consumption, on or after the date of the enactment of this Act
(June 25, 1999).''
Section 14(c) of Pub. L. 104-295 provided that: ''The amendments
made by this section (amending this section) apply to goods
entered, or withdrawn from warehouse for consumption, on or after
the date of the enactment of this Act (Oct. 11, 1996).''
Amendment by Pub. L. 103-182 effective on the date the North
American Free Trade Agreement enters into force with respect to the
United States (Jan. 1, 1994), see section 213(b) of Pub. L.
103-182, set out as an Effective Date note under section 3331 of
this title.
Section 1907(a)(2) of Pub. L. 100-418 provided that:
''(A) The amendment made by paragraph (1) (amending this section)
applies with respect to acts committed on or after the date of the
enactment of this Act (Aug. 23, 1988).
''(B) The conviction of a person under section 304(h) of the
Tariff Act of 1930 (19 U.S.C. 1304(h)) for an act committed before
the date of the enactment of this Act shall be disregarded for
purposes of applying paragraph (2) of such subsection (as added by
the amendment made by paragraph (1) of this subsection()).''
Section 214 of title II of Pub. L. 98-573 provided that:
''(a) For purposes of this section, the term '15th day' means the
15th day after the date of the enactment of this Act (Oct. 30,
''(b) Except as provided in subsections (c), (d), and (e), the
amendments made by this title (enacting sections 58b, 1339, and
1627a of this title, amending sections 81c, 81o, 1313, 1330, 1431,
1498, 1555, 2192, 2251, 2253, and 2703 of this title, section 925
of Title 18, Crimes and Criminal Procedure, and section 162 of
Title 26, Internal Revenue Code, and enacting provisions set out as
notes under sections 2, 81c, 81o, and 1339 of this title, and
section 162 of Title 26) shall take effect on the 15th day.
''(c)(1) The amendment made by section 204 (amending section 1441
of this title) shall apply with respect to vessels returning from
the British Virgin Islands on or after the 15th day.
''(2) The amendments made by section 207 (amending this section)
shall apply with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the 15th day; except for
such of those articles that, on or before the 15th day, had been
taken on board for transit to the customs territory of the United
''(3)(A) The amendment made by section 208 (amending section 1466
of this title) shall apply with respect to entries made in
connection with arrivals of vessels on or after the 15th day.
''(B) Upon request therefor filed with the customs officer
concerned on or before the 90th day after the date of the enactment
of this Act (Oct. 30, 1984), any entry in connection with the
arrival of a vessel used primarily for transporting passengers or
property -
''(i) made before the 15th day but not liquidated as of January
1, 1983, or
''(ii) made before the 15th day but which is the subject of an
action in a court of competent jurisdiction on September 19,
1983, and
''(iii) with respect to which there would have been no duty if
the amendment made by section 208 applied to such entry,
shall, notwithstanding the provisions of section 514 of the Tariff
Act of 1930 (19 U.S.C. 1514) or any other provision of law, be
liquidated or reliquidated as though such entry had been made on
the 15th day.
''(4) The amendments made by section 209 (enacting section 1484a
of this title and amending section 1202 of this title) shall apply
with respect to articles launched into space from the customs
territory of the United States on or after January 1, 1985.
''(5)(A) The amendment made by section 210(a) (amending section
1505 of this title) shall take effect on the 30th day after the
date of the enactment of this Act (Oct. 30, 1984).
''(B) The amendment made by section 210(b) (amending section 1520
of this title) shall apply with respect to determinations made or
ordered on or after the date of the enactment of this Act (Oct. 30,
''(d)(1) The amendments made by section 212 (amending sections
1520, 1564, and 1641 of this title and sections 1581, 1582, 2631,
2636, 2640, and 2643 of Title 28, Judiciary and Judicial Procedure)
shall take effect upon the close of the 180th day following the
date of the enactment of this Act (Oct. 30, 1984) with the
following exceptions:
''(A) Section 641(c)(1)(B) and section 641(c)(2) of the Tariff
Act of 1930, as added by such section (19 U.S.C. 1641(c)(1)(B),
(2)), shall take effect three years after the date of the
enactment of this Act (Oct. 30, 1984).
''(B) The amendments made to the Tariff Act of 1930 by
subsection (c) of section 212 (no subsec. (c) of section 212 was
enacted) shall take effect on such date of enactment (Oct. 30,
''(2) A license in effect on the date of enactment of this Act
(Oct. 30, 1984) under section 641 of the Tariff Act of 1930 (as in
effect before such date of enactment) shall continue in force as a
license to transact customs business as a customs broker, subject
to all the provisions of section 212 and such licenses shall be
accepted as permits for the district or districts covered by that
''(3) Any proceeding for revocation or suspension of a license
instituted under section 641 of the Tariff Act of 1930 before the
date of the enactment of this Act (Oct. 30, 1984) shall continue
and be governed by the law in effect at the time the proceeding was
instituted.
''(4) If any provision of section 212 or its application to any
person or circumstances is held invalid, it shall not affect the
validity of the remaining provisions or their application to any
other person or circumstances.
''(e) The amendments made by section 213 (enacting sections
1589a, 1613b, and 1616a of this title, amending sections 1602,
1605, 1606, 1607, 1608, 1609, 1610, 1611, 1612, 1613, 1614, 1615,
1618, and 1619 of this title and repealing section 7607 of Title
26, Internal Revenue Code) shall take effect October 15, 1984.''
EFFECTIVE DATE OF 1953 AMENDMENTS, ENACTMENTS, AND REPEALS
Section 1 of act Aug. 8, 1953, provided that such act (see Short
Title of 1953 Amendment note set out under section 1654 of this
title) is effective, except as otherwise specifically provided for,
on and after the thirtieth day following the date of its enactment
(Aug. 8, 1953).
The exception ''except as otherwise specifically provided for''
apparently refers to the amendments made to the provisions
preceding subd. (1) of section 1308 of this title, and to section
1557(b) of this title, for which separate effective dates were
provided as explained in notes under such sections.
Amendment by act June 25, 1938, effective on thirtieth day
following June 25, 1938, except as otherwise specifically provided,
see section 37 of act June 25, 1938, set out as a note under
section 1401 of this title.
Section 23 of act Aug. 8, 1953, provided: ''Except as may be
otherwise provided for in this Act (see Short Title of 1953
Amendment note set out under section 1654 of this title), the
repeal of existing law or modifications thereof embraced in this
Act shall not affect any act done, or any right accruing or
accrued, or any suit or proceeding had or commenced in any civil or
criminal case prior to such repeal or modification, but all
liabilities under such laws shall continue, except as otherwise
specifically provided in this Act, and may be enforced in the same
manner as if such repeal or modification had not been made.''
-TRANS-
TRANSFER OF FUNCTIONS
For transfer of functions, personnel, assets, and liabilities of
the United States Customs Service of the Department of the
Treasury, including functions of the Secretary of the Treasury
relating thereto, to the Secretary of Homeland Security, and for
treatment of related references, see sections 203(1), 551(d),
552(d), and 557 of Title 6, Domestic Security, and the Department
of Homeland Security Reorganization Plan of November 25, 2002, as
modified, set out as a note under section 542 of Title 6.
Functions of all other officers of Department of the Treasury and
functions of all agencies and employees of such Department
transferred, with certain exceptions, to Secretary of the Treasury,
with power vested in him to authorize their performance or
performance of any of his functions, by any of such officers,
agencies, and employees, by Reorg. Plan No. 26 of 1950, Sec. 1, 2,
eff. July 31, 1950, 15 F.R. 4935, 64 Stat. 1280, 1281, set out in
the Appendix to Title 5, Government Organization and Employees.
Customs officers and employees, referred to in text, were under
Department of the Treasury.
MARKING REQUIREMENTS FOR ARTICLES QUALIFYING AS GOODS OF NAFTA
Section 207(b) of Pub. L. 103-182 provided that: ''Articles that
qualify as goods of a NAFTA country under regulations issued by the
Secretary in accordance with Annex 311 of the Agreement (North
American Free Trade Agreement) are exempt from the marking
requirements promulgated by the Secretary of the Treasury under
section 1907(c) of the Omnibus Trade and Competitiveness Act of
1988 (Public Law 100-418 (102 Stat. 1315)), but are subject to the
requirements of section 304 of the Tariff Act of 1930 (19 U.S.C.
1304).''
PLAN AMENDMENTS NOT REQUIRED UNTIL JANUARY 1, 1989
For provisions directing that if any amendments made by subtitle
A or subtitle C of title XI (Sec. 1101-1147 and 1171-1177) or title
XVIII (Sec. 1801-1899A) of Pub. L. 99-514 require an amendment to
any plan, such plan amendment shall not be required to be made
before the first plan year beginning on or after Jan. 1, 1989, see
section 1140 of Pub. L. 99-514, as amended, set out as a note under
section 401 of Title 26, Internal Revenue Code.
This section is referred to in sections 1558, 1595a of this
Sec. 1305. Immoral articles; importation prohibited
(a) Prohibition of importation
All persons are prohibited from importing into the United States
from any foreign country any book, pamphlet, paper, writing,
advertisement, circular, print, picture, or drawing containing any
matter advocating or urging treason or insurrection against the
United States, or forcible resistance to any law of the United
States, or containing any threat to take the life of or inflict
bodily harm upon any person in the United States, or any obscene
book, pamphlet, paper, writing, advertisement, circular, print,
picture, drawing, or other representation, figure, or image on or
of paper or other material, or any cast, instrument, or other
article which is obscene or immoral, or any drug or medicine or any
article whatever for causing unlawful abortion, or any lottery
ticket, or any printed paper that may be used as a lottery ticket,
or any advertisement of any lottery. No such articles whether
imported separately or contained in packages with other goods
entitled to entry, shall be admitted to entry; and all such
articles and, unless it appears to the satisfaction of the
appropriate customs officer that the obscene or other prohibited
articles contained in the package were inclosed therein without the
knowledge or consent of the importer, owner, agent, or consignee,
the entire contents of the package in which such articles are
contained, shall be subject to seizure and forfeiture as
hereinafter provided: Provided, That the drugs hereinbefore
mentioned, when imported in bulk and not put up for any of the
purposes hereinbefore specified, are excepted from the operation of
this subdivision: Provided further, That the Secretary of the
Treasury may, in his discretion, admit the so-called classics or
books of recognized and established literary or scientific merit,
but may, in his discretion, admit such classics or books only when
imported for noncommercial purposes: Provided further, That
effective January 1, 1993, this section shall not apply to any
lottery ticket, printed paper that may be used as a lottery ticket,
or advertisement of any lottery, that is printed in Canada for use
in connection with a lottery conducted in the United States.
(b) (FOOTNOTE 1) Enforcement procedures
(FOOTNOTE 1) So in original. Two subsecs. (b) and (c) have been
enacted. Second subsecs. (b) and (c) probably should be designated
(e) and (f), respectively.
Upon the appearance of any such book or matter at any customs
office, the same shall be seized and held by the appropriate
customs officer to await the judgment of the district court as
hereinafter provided; and no protest shall be taken to the United
States Court of International Trade from the decision of such
customs officer. Upon the seizure of such book or matter, such
customs officer shall transmit information thereof to the United
States attorney of the district in which is situated either -
(1) the office at which such seizure took place; or
(2) the place to which such book or matter is addressed;
and the United States attorney shall institute proceedings in the
district court for the forfeiture, confiscation, and destruction of
the book or matter seized. Upon the adjudication that such book or
matter thus seized is of the character the entry of which is by
this section prohibited, it shall be ordered destroyed and shall be
destroyed. Upon adjudication that such book or matter thus seized
is not of the character the entry of which is by this section
prohibited, it shall not be excluded from entry under the
provisions of this section.
In any such proceeding any party in interest may upon demand have
the facts at issue determined by a jury and any party may have an
appeal or the right of review as in the case of ordinary actions or
suits.
(c) (FOOTNOTE 1) Institution of forfeiture proceedings
Notwithstanding the provisions of subsections (a) and (b) of this
section, whenever a customs officer discovers any obscene material
after such material has been imported or brought into the United
States, or attempted to be imported or brought into the United
States, he may refer the matter to the United States attorney for
the institution of forfeiture proceedings under this section. Such
proceedings shall begin no more than 30 days after the time the
material is seized; except that no seizure or forfeiture shall be
invalidated for delay if the claimant is responsible for extending
the action beyond the allowable time limits or if proceedings are
postponed pending the consideration of constitutional issues.
(d) Stay of forfeiture proceedings
Upon motion of the United States, a court shall stay such civil
forfeiture proceedings commenced under this section pending the
completion of any related criminal matter.
(b) (FOOTNOTE 1) Coordination of forfeiture proceedings with
criminal proceedings
(1) Notwithstanding subsection (a) of this section, whenever the
Customs Service is of the opinion that criminal prosecution would
be appropriate or that further criminal investigation is warranted
in connection with allegedly obscene material seized at the time of
entry, the appropriate customs officer shall immediately transmit
information concerning such seizure to the United States Attorney
(FOOTNOTE 2) of the district of the addressee's residence. No
notice to the addressee or consignee concerning the seizure is
required at the time of such transmittal.
(FOOTNOTE 2) So in original. Probably should not be
capitalized.
(2) Upon receipt of such information, such United States attorney
shall promptly determine whether in such attorney's opinion the
referral of the matter for forfeiture under this section would
materially affect the Government's ability to conduct a criminal
investigation with respect to such seizure.
(3) If the United States attorney is of the opinion that no
prejudice to such investigation will result from such referral,
such attorney shall immediately so notify the Customs Service in
writing. The appropriate customs officer shall immediately notify
in writing the addressee or consignee of the seizure and shall
transmit information concerning such seizure to the United States
Attorney (FOOTNOTE 2) of the district in which is situated the
office at which such seizure has taken place. The actions
described in paragraphs (1) through (3) of this subsection shall
take place within sufficient time to allow for the filing of a
forfeiture complaint within 14 days of the seizure unless the
United States Attorney (FOOTNOTE 2) of the district of the
addressee's residence certifies in writing and includes specific,
articulable facts demonstrating that the determination required in
paragraph (2) of this subsection could not be made in sufficient
time to comply with this deadline. In such cases, the actions
forfeiture complaint within 21 days of seizure.
(4) If the United States attorney for the district of the
addressee's residence concludes that material prejudice to such
investigation will result from such referral, such United States
attorney shall place on file, within 14 days of the date of
seizure, a dated certification stating that it is the United States
attorney's judgment that referral of the matter for forfeiture
under this section would materially affect the Government's ability
to conduct a criminal investigation with respect to the seizure.
The certification shall set forth specific, articulable facts
demonstrating that withholding referral for forfeiture is
(5)(A) As soon as the circumstances change so that withholding of
referral for forfeiture is no longer necessary for purposes of the
criminal investigation, the United States attorney shall
immediately so notify the Customs Service in writing and shall
furnish a copy of the certification described in paragraph (4)
above to the Customs Service.
(B) In any matter referred to a United States attorney for
possible criminal prosecution wherein subparagraph (5)(A) does not
apply, the United States attorney shall immediately notify the
Customs Service in writing concerning the disposition of the
matter, whether by institution of a prosecution or a letter of
declination, and shall also furnish a copy of the certification
described in paragraph (4) of this subsection to the Customs
(C) Upon receipt of the notification described in subparagraph
(A) or (B) of this paragraph, the appropriate customs officer shall
immediately notify the addressee or consignee of the seizure and
shall transmit information concerning the seizure, including a copy
of the certification described in paragraph (4) above and a copy of
the notification described in subparagraph (A) or (B) of this
paragraph, to the United States attorney of the district in which
is situated the office at which such seizure has taken place, who
shall institute forfeiture proceedings in accordance with
subsection (a) hereof within 14 days of the date of the
notification described in subparagraph (A) or (B) above. A copy of
the certification described in paragraph (4) above and a copy of
paragraph shall be affixed to the complaint for forfeiture.
(c) (FOOTNOTE 3) Stay on motion
Upon motion of the United States, a court, for good cause shown,
shall stay civil forfeiture proceedings commenced under this
section pending the completion of any related criminal matter
whether in the same or in a different district.
25, 1948, ch. 645, Sec. 21, 62 Stat. 862; June 25, 1948, ch. 646,
Sec. 1, 62 Stat. 869; Pub. L. 91-271, title III, Sec. 301(a), June
2, 1970, 84 Stat. 287; Pub. L. 91-662, Sec. 1, Jan. 8, 1971, 84
Stat. 1973; Pub. L. 96-417, title VI, Sec. 601(2), Oct. 10, 1980,
94 Stat. 1744; Pub. L. 100-418, title I, Sec. 1901(a), Aug. 23,
1988, 102 Stat. 1312; Pub. L. 100-449, title II, Sec. 206, Sept.
28, 1988, 102 Stat. 1864; Pub. L. 100-690, title VII, Sec.
7522(e)(d), Nov. 18, 1988, 102 Stat. 4500.)
Provisions in substantially the same language as those in this
section were made by act Oct. 3, 1913, ch. 16, Sec. IV, subsections
1, 2, and 3, 38 Stat. 194, superseding similar provisions of
previous tariff acts. Those subsections were superseded by act
Sept. 21, 1922, ch. 356, title III, Sec. 305, 42 Stat. 937, and
repealed by section 321 of that act. Section 305 of act Sept. 21,
1922, was superseded by section 305 of act June 17, 1930,
comprising this section, and repealed by section 651(a)(1) of the
1930 act.
1988 - Subsec. (a). Pub. L. 100-449 inserted proviso at end of
first par. directing that, ''effective January 1, 1993, this
section shall not apply to any lottery ticket, printed paper that
may be used as a lottery ticket, or advertisement of any lottery,
that is printed in Canada for use in connection with a lottery
conducted in the United States''.
Pub. L. 100-418, Sec. 1901(a)(1), designated second par. of
subsec. (a) as subsec. (b) ''Enforcement procedures''.
Subsec. (b). Pub. L. 100-690, Sec. 7522(e), added subsec. (b)
relating to coordination of forfeiture proceedings with criminal
Pub. L. 100-418, Sec. 1901(a)(1), (2), designated second par. of
subsec. (a) as subsec. (b) ''Enforcement procedures'' and amended
second sentence generally. Prior to amendment, second sentence
read as follows: ''Upon the seizure of such book or matter such
States attorney of the district in which is situated the office at
which such seizure has taken place, who shall institute proceedings
in the district court for the forfeiture, confiscation, and
destruction of the book or matter seized.''
Subsec. (c). Pub. L. 100-690, Sec. 7522(e), added subsec. (c)
relating to stay on motion.
Pub. L. 100-418, Sec. 1901(a)(3), added subsec. (c) relating to
institution of forfeiture proceedings.
Subsec. (d). Pub. L. 100-418 added subsec. (d) relating to stay
of forfeiture proceedings.
1980 - Subsec. (a). Pub. L. 96-417, in second undesignated par.,
redesignated the United States Customs Court as the United States
Court of International Trade.
1971 - Subsec. (a). Pub. L. 91-662 struck out ''for the
prevention of conception or'' before ''for causing unlawful
abortion''.
1970 - Subsec. (a). Pub. L. 91-271 substituted references to the
appropriate customs officer for references to the collector
wherever appearing.
1948 - Subsec. (b). Act June 25, 1948, eff. Sept. 1, 1948,
repealed subsec. (b) which related to penalties against government
officers. See section 552 of Title 18, Crimes and Criminal
Act June 25, 1948, eff. Sept. 1, 1948, substituted ''United
States attorney'' for ''district attorney''. See section 541 of
Title 28, Judiciary and Judicial Procedure, and Historical and
Revision Notes thereunder.
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENTS
Amendment by Pub. L. 100-449 effective on date the United
States-Canada Free-Trade Agreement enters into force (Jan. 1,
1989), and to cease to have effect on date Agreement ceases to be
in force, see section 501(a), (c) of Pub. L. 100-449, set out in a
note under section 2112 of this title.
Section 1901(b) of Pub. L. 100-418 provided that: ''The
amendments made by subsection (a) (amending this section) apply
with respect to articles entered, or withdrawn from warehouse for
consumption, on or after the 15th day after the date of the
enactment of this Act (Aug. 23, 1988).''
Amendment by Pub. L. 96-417 effective Nov. 1, 1980, and
applicable with respect to civil actions pending on or commenced on
or after such date, see section 701(a) of Pub. L. 96-417, set out
as a note under section 251 of Title 28, Judiciary and Judicial
Amendment by Pub. L. 91-662 effective Jan. 9, 1971, see section 7
of Pub. L. 91-662, set out as a note under section 552 of Title 18,
Crimes and Criminal Procedure.
For effective date of amendment by Pub. L. 91-271, see section
203 of Pub. L. 91-271, set out as a note under section 1500 of this
Customs officers, referred to in text, were under Department of the
-EXEC-
IMPORTATION OF RU-486
Memorandum of President of the United States, Jan. 22, 1993, 58
F.R. 7459, provided:
In Import Alert 66-47, the Food and Drug Administration (''FDA'')
excluded the drug Mifepristine - commonly known as RU-486 - from
the list of drugs that individuals can import into the United
States for their ''personal use,'' although the drugs have not yet
been approved for distribution by the FDA. (See FDA Regulatory
Procedures Manual, Chapter 9-71.) Import Alert 66-47 effectively
bans the importation into this Nation of a drug that is used in
other nations as a nonsurgical means of abortion.
I am informed that in excluding RU-486 from the personal use
importation exemption, the FDA appears to have based its decision
on factors other than an assessment of the possible health and
safety risks of the drug. Accordingly, I hereby direct that you
promptly instruct the FDA to determine whether there is sufficient
evidence to warrant exclusion of RU-486 from the list of drugs that
qualify for the personal use importation exemption. Furthermore,
if the FDA concludes that RU-486 meets the criteria for the
personal use importation exemption, I direct that you immediately
take steps to rescind Import Alert 66-47.
In addition, I direct that you promptly assess initiatives by
which the Department of Health and Human Services can promote the
testing, licensing, and manufacturing in the United States of
RU-486 or other antiprogestins.
You are hereby authorized and directed to publish this memorandum
in the Federal Register. William J. Clinton.
This section is referred to in title 22 section 614; title 28
Sec. 1306. Repealed. Pub. L. 107-171, title X, Sec. 10418(a)(5),
May 13, 2002, 116 Stat. 507
Section, June 17, 1930, ch. 497, title III, Sec. 306, 46 Stat.
689; Pub. L. 85-867, Sept. 2, 1958, 72 Stat. 1685; Pub. L. 90-201,
Sec. 18, Dec. 15, 1967, 81 Stat. 600; Pub. L. 100-449, title III,
Sec. 301(f)(5), Sept. 28, 1988, 102 Stat. 1869; Pub. L. 103-182,
title III, Sec. 361(d)(1), Dec. 8, 1993, 107 Stat. 2123; Pub. L.
103-465, title IV, Sec. 431(g), Dec. 8, 1994, 108 Stat. 4969,
prohibited the importation of cattle, sheep, swine, and meats in
certain cases.
Sec. 1307. Convict-made goods; importation prohibited
All goods, wares, articles, and merchandise mined, produced, or
manufactured wholly or in part in any foreign country by convict
labor or/and forced labor or/and indentured labor under penal
sanctions shall not be entitled to entry at any of the ports of the
United States, and the importation thereof is hereby prohibited,
and the Secretary of the Treasury is authorized and directed to
prescribe such regulations as may be necessary for the enforcement
of this provision. The provisions of this section relating to
goods, wares, articles, and merchandise mined, produced, or
manufactured by forced labor or/and indentured labor, shall take
effect on January 1, 1932; but in no case shall such provisions be
applicable to goods, wares, articles, or merchandise so mined,
produced, or manufactured which are not mined, produced, or
manufactured in such quantities in the United States as to meet the
consumptive demands of the United States.
''Forced labor'', as herein used, shall mean all work or service
which is exacted from any person under the menace of any penalty
for its nonperformance and for which the worker does not offer
himself voluntarily. For purposes of this section, the term
''forced labor or/and indentured labor'' includes forced or
indentured child labor.
(June 17, 1930, ch. 497, title III, Sec. 307, 46 Stat. 689; Pub. L.
106-200, title IV, Sec. 411(a), May 18, 2000, 114 Stat. 298.)
Provisions in the same language as the provisions in this section
were made by act Oct. 3, 1913, ch. 16, Sec. IV, I, 38 Stat. 195,
superseding similar provisions of previous tariff acts. That
subdivision was superseded by act Sept. 21, 1922, ch. 356, title
III, Sec. 307, 42 Stat. 937, and repealed by section 321 of that
act. Section 307 of act Sept. 21, 1922, was superseded by section
2000 - Pub. L. 106-200 inserted at end ''For purposes of this
section, the term 'forced labor or/and indentured labor' includes
forced or indentured child labor.''
Pub. L. 106-200, title IV, Sec. 411(b), May 18, 2000, 114 Stat.
298, provided that: ''The amendment made by this section (amending
this section) shall take effect on the date of the enactment of
this Act (May 18, 2000).''
REPORTING REQUIREMENT ON FORCED LABOR PRODUCTS DESTINED FOR UNITED
STATES MARKET
Pub. L. 105-261, div. C, title XXXVII, Sec. 3702, Oct. 17, 1998,
112 Stat. 2275, provided that:
''(a) Report to Congress. - Not later than 1 year after the date
of the enactment of this Act (Oct. 17, 1998), the Commissioner of
Customs shall prepare and transmit to the Congress a report on
products made with forced labor that are destined for the United
States market.
''(b) Contents of Report. - The report under subsection (a) shall
include information concerning the following:
''(1) The extent of the use of forced labor in manufacturing
products destined for the United States market.
''(2) The volume of products made with forced labor, destined
for the United States market, that is in violation of section 307
of the Tariff Act of 1930 (19 U.S.C. 1307) or section 1761 of
title 18, United States Code, and is seized by the United States
Customs Service.
''(3) The progress of the United States Customs Service in
identifying and interdicting products made with forced labor that
are destined for the United States market.''
SENSE OF CONGRESS REQUESTING PRESIDENT TO INSTRUCT SECRETARY OF THE
TREASURY TO ENFORCE SECTION 1307 WITHOUT DELAY
Pub. L. 100-418, title I, Sec. 1906, Aug. 23, 1988, 102 Stat.
1313, related to Congressional findings of deplorable forced labor
conditions in former Soviet Union and request of President to
instruct Secretary of the Treasury to enforce this section without
delay, prior to repeal by Pub. L. 103-199, title II, Sec. 204(a),
Dec. 17, 1993, 107 Stat. 2322.
This section is referred to in title 22 sections 6962, 6965.
Sec. 1308. Prohibition on importation of dog and cat fur products
(1) Cat fur
The term ''cat fur'' means the pelt or skin of any animal of
the species Felis catus.
(2) Interstate commerce
The term ''interstate commerce'' means the transportation for
sale, trade, or use between any State, territory, or possession
of the United States, or the District of Columbia, and any place
outside thereof.
(3) Customs laws
The term ''customs laws of the United States'' means any other
law or regulation enforced or administered by the United States
(4) Designated authority
The term ''designated authority'' means the Secretary of the
Treasury, with respect to the prohibitions under subsection
(b)(1)(A) of this section, and the President (or the President's
designee), with respect to the prohibitions under subsection
(b)(1)(B) of this section.
(5) Dog fur
The term ''dog fur'' means the pelt or skin of any animal of
the species Canis familiaris.
(6) Dog or cat fur product
The term ''dog or cat fur product'' means any item of
merchandise which consists, or is composed in whole or in part,
of any dog fur, cat fur, or both.
(7) Person
The term ''person'' includes any individual, partnership,
corporation, association, organization, business trust,
government entity, or other entity subject to the jurisdiction of
the United States.
(8) United States
The term ''United States'' means the customs territory of the
United States, as defined in general note 2 of the Harmonized
Tariff Schedule of the United States.
(b) Prohibitions
(1) In general
It shall be unlawful for any person to -
(A) import into, or export from, the United States any dog or
cat fur product; or
(B) introduce into interstate commerce, manufacture for
introduction into interstate commerce, sell, trade, or
advertise in interstate commerce, offer to sell, or transport
or distribute in interstate commerce in the United States, any
dog or cat fur product.
(2) Exception
This subsection shall not apply to the importation,
exportation, or transportation, for noncommercial purposes, of a
personal pet that is deceased, including a pet preserved through
taxidermy.
(c) Penalties and enforcement
(1) Civil penalties
Any person who violates any provision of this section or any
regulation issued under this section may, in addition to any
other civil or criminal penalty that may be imposed under title
18 or any other provision of law, be assessed a civil penalty
by the designated authority of not more than -
(i) $10,000 for each separate knowing and intentional
violation;
(ii) $5,000 for each separate grossly negligent violation;
(iii) $3,000 for each separate negligent violation.
(B) Debarment
The designated authority may prohibit a person from
importing, exporting, transporting, distributing,
manufacturing, or selling any fur product in the United States,
if the designated authority finds that the person has engaged
in a pattern or practice of actions that has resulted in a
final administrative determination with respect to the
assessment of civil penalties for knowing and intentional or
grossly negligent violations of any provision of this section
or any regulation issued under this section.
(C) Factors in assessing penalties
In determining the amount of civil penalties under this
paragraph, the designated authority shall take into account the
degree of culpability, any history of prior violations under
this section, ability to pay, the seriousness of the violation,
and such other matters as fairness may require.
(D) Notice
No penalty may be assessed under this paragraph against a
person unless the person is given notice and opportunity for a
hearing with respect to such violation in accordance with
section 554 of title 5.
(2) Forfeiture
Any dog or cat fur product manufactured, taken, possessed,
sold, purchased, offered for sale or purchase, transported,
delivered, received, carried, shipped, imported, or exported
contrary to the provisions of this section or any regulation
issued under this section shall be subject to forfeiture to the
(3) Enforcement
The Secretary of the Treasury shall enforce the provisions of
this section with respect to the prohibitions under subsection
(b)(1)(A) of this section, and the President shall enforce the
provisions of this section with respect to the prohibitions under
subsection (b)(1)(B) of this section.
(4) Regulations
Not later than 270 days after November 9, 2000, the designated
authorities shall, after notice and opportunity for comment,
issue regulations to carry out the provisions of this section.
The regulations of the Secretary of the Treasury shall provide
for a process by which testing laboratories, whether domestic or
foreign, can qualify for certification by the United States
Customs Service by demonstrating the reliability of the
procedures used for determining the type of fur contained in
articles intended for sale or consumption in interstate
commerce. Use of a laboratory certified by the United States
Customs Service to determine the nature of fur contained in an
item to which subsection (b) of this section applies is not
required to avoid liability under this section but may, in a case
in which a person can establish that the goods imported were
tested by such a laboratory and that the item was not found to be
a dog or cat fur product, prove dispositive in determining
whether that person exercised reasonable care for purposes of
paragraph (6).
(5) Reward
The designated authority shall pay a reward of not less than
$500 to any person who furnishes information that establishes or
leads to a civil penalty assessment, debarment, or forfeiture of
property for any violation of this section or any regulation
issued under this section.
(6) Affirmative defense
Any person accused of a violation under this section has a
defense to any proceeding brought under this section on account
of such violation if that person establishes by a preponderance
of the evidence that the person exercised reasonable care -
(A) in determining the nature of the products alleged to have
resulted in such violation; and
(B) in ensuring that the products were accompanied by
documentation, packaging, and labeling that were accurate as to
the nature of the products.
(7) Coordination with other laws
Nothing in this section shall be construed as superseding or
limiting in any manner the functions and responsibilities of the
Secretary of the Treasury under the customs laws of the United
(d) Publication of names of certain violators
The designated authorities shall, at least once each year,
publish in the Federal Register a list of the names of any
producer, manufacturer, supplier, seller, importer, or exporter,
whether or not located within the customs territory of the United
States or subject to the jurisdiction of the United States, against
whom a final administrative determination with respect to the
assessment of a civil penalty for a knowing and intentional or a
grossly negligent violation has been made under this section.
(e) Reports
In order to enable Congress to engage in active, continuing
oversight of this section, the designated authorities shall provide
(1) Plan for enforcement
Within 3 months after November 9, 2000, the designated
authorities shall submit to Congress a plan for the enforcement
of the provisions of this section, including training and
procedures to ensure that United States Government personnel are
equipped with state-of-the-art technologies to identify potential
dog or cat fur products and to determine the true content of such
(2) Report on enforcement efforts
Not later than 1 year after November 9, 2000, and on an annual
basis thereafter, the designated authorities shall submit a
report to Congress on the efforts of the United States Government
to enforce the provisions of this section and the adequacy of the
resources to do so. The report shall include an analysis of the
training of United States Government personnel to identify dog
and cat fur products effectively and to take appropriate action
to enforce this section. The report shall include the findings
of the designated authorities as to whether any government has
engaged in a pattern or practice of support for trade in products
the importation of which are prohibited under this section.
(June 17, 1930, ch. 497, title III, Sec. 308, as added Pub. L.
106-476, title I, Sec. 1443(a), Nov. 9, 2000, 114 Stat. 2164.)
in subsec. (a)(8), is not set out in the Code. See Publication of
Harmonized Tariff Schedule note set out under section 1202 of this
A prior section 1308, acts June 17, 1930, ch. 497, title III,
Sec. 308, 46 Stat. 690; June 25, 1938, ch. 679, Sec. 4, 52 Stat.
1079; Aug. 8, 1953, ch. 397, Sec. 10(a)(1), (b) to (f), 67 Stat.
512; Aug. 28, 1954, ch. 1045, Sec. 1, 68 Stat. 914; Aug. 28, 1957,
Pub. L. 85-211, Sec. 3, 71 Stat. 487; Apr. 16, 1958, Pub. L.
85-379, 72 Stat. 88; May 16, 1958, Pub. L. 85-414, Sec. 1, 72 Stat.
118, prescribed articles for temporary free importation under bond
for exportation, prior to repeal by Pub. L. 87-456, title III, Sec.
301(a), title V, Sec. 501(a), May 24, 1962, 76 Stat. 75, 78,
effective with respect to articles entered, or withdrawn from
warehouse, for consumption on or after Aug. 31, 1963.
Pub. L. 106-476, title I, Sec. 1443(c), Nov. 9, 2000, 114 Stat.
2167, provided that: ''The amendments made by this section
(enacting this section and amending section 69 of Title 15,
Commerce and Trade) shall take effect on the date of the enactment
of this Act (Nov. 9, 2000).''
FINDINGS AND PURPOSES
Pub. L. 106-476, title I, Sec. 1442, Nov. 9, 2000, 114 Stat.
2163, provided that:
''(a) Findings. - Congress makes the following findings:
''(1) An estimated 2,000,000 dogs and cats are slaughtered and
sold annually as part of the international fur trade.
Internationally, dog and cat fur is used in a wide variety of
products, including fur coats and jackets, fur trimmed garments,
hats, gloves, decorative accessories, stuffed animals, and other
''(2) The United States represents one of the largest markets
for the sale of fur and fur products in the world. Market demand
for fur products in the United States has led to the introduction
of dog and cat fur products into United States commerce,
frequently based on deceptive or fraudulent labeling of the
products to disguise the true nature of the fur and mislead
United States wholesalers, retailers, and consumers.
''(3) Dog and cat fur, when dyed, is not easily distinguishable
to persons who are not experts from other furs such as fox,
rabbit, coyote, wolf, and mink, and synthetic materials made to
resemble real fur. Dog and cat fur is generally less expensive
than other types of fur and may be used as a substitute for more
expensive types of furs, which provides an incentive to engage in
unfair or fraudulent trade practices in the importation,
exportation, distribution, or sale of fur products, including
deceptive labeling and other practices designed to disguise the
true contents or origin of the product.
''(4) Forensic texts have documented that dog and cat fur
products are being imported into the United States subject to
deceptive labels or other practices designed to conceal the use
of dog or cat fur in the production of wearing apparel, toys, and
other products.
''(5) Publicly available evidence reflects ongoing significant
use of dogs and cats bred expressly for their fur by foreign fur
producers for manufacture into wearing apparel, toys, and other
products that have been introduced into United States commerce.
The evidence indicates that foreign fur producers also rely on
the use of stray dogs and cats and stolen pets for the
manufacture of fur products destined for the world and United
States markets.
''(6) The methods of housing, transporting, and slaughtering
dogs and cats for fur production are generally unregulated and
inhumane.
''(7) The trade of dog and cat fur products is ethically and
aesthetically abhorrent to United States citizens. Consumers in
the United States have a right to know if products offered for
sale contain dog or cat fur and to ensure that they are not
unwitting participants in this gruesome trade.
''(8) Persons who engage in the sale of dog or cat fur
products, including the fraudulent trade practices identified
above, gain an unfair competitive advantage over persons who
engage in legitimate trade in apparel, toys, and other products,
and derive an unfair benefit from consumers who buy their
''(9) The imposition of a ban on the sale, manufacture, offer
for sale, transportation, and distribution of dog and cat fur
products, regardless of their source, is consistent with the
international obligations of the United States because it applies
equally to domestic and foreign producers and avoids any
discrimination among foreign sources of competing products. Such
a ban is also consistent with provisions of international
agreements to which the United States is a party that expressly
allow for measures designed to protect the health and welfare of
animals and to enjoin the use of deceptive trade practices in
international or domestic commerce.
''(b) Purposes. - The purposes of this chapter (chapter 3 (Sec.
1441-1443) of subtitle B of title I of Pub. L. 106-476, see Short
title) are to -
''(1) prohibit imports, exports, sale, manufacture, offer for
sale, transportation, and distribution in the United States of
dog and cat fur products, in order to ensure that United States
market demand does not provide an incentive to slaughter dogs or
cats for their fur;
''(2) require accurate labeling of fur species so that
consumers in the United States can make informed choices and
ensure that they are not unwitting contributors to this gruesome
trade; and
''(3) ensure that the customs laws of the United States are not
undermined by illicit international traffic in dog and cat fur
products.''
This section is referred to in title 15 section 69.
Sec. 1309. Supplies for certain vessels and aircraft
(a) Exemption from customs duties and internal-revenue tax
Articles of foreign or domestic origin may be withdrawn, under
such regulations as the Secretary of the Treasury may prescribe,
from any customs bonded warehouse, from continuous customs custody
elsewhere than in a bonded warehouse, or from a foreign-trade zone
free of duty and internal-revenue tax, or from any internal-revenue
bonded warehouse, from any brewery, or from any winery premises or
bonded premises for the storage of wine, free of internal-revenue
tax -
(1) for supplies (not including equipment) of (A) vessels or
aircraft operated by the United States, (B) vessels of the United
States employed in the fisheries or in the whaling business, or
actually engaged in foreign trade or trade between the Atlantic
and Pacific ports of the United States or between the United
States and any of its possessions, or between Hawaii and any
other part of the United States, or between Alaska and any other
part of the United States, or (C) aircraft registered in the
United States and actually engaged in foreign trade or trade
between the United States and any of its possessions, or between
Hawaii and any other part of the United States or between Alaska
and any other part of the United States; or
(2) for supplies (including equipment) or repair of (A) vessels
of war of any foreign nation, or (B) foreign vessels employed in
the fisheries or in the whaling business, or actually engaged in
foreign trade or trade between the United States and any of its
possessions, or between Hawaii and any other part of the United
States or between Alaska and any other part of the United States,
where such trade by foreign vessels is permitted; or
(3) for supplies (including equipment), ground equipment,
maintenance, or repair of aircraft registered in any foreign
country and actually engaged in foreign trade or trade between
the United States and any of its possessions, or between Hawaii
and any other part of the United States or between Alaska and any
other part of the United States, where trade by foreign aircraft
is permitted. With respect to articles for ground equipment, the
exemption hereunder shall apply only to duties and to taxes
imposed upon or by reason of importation.
The provisions for free withdrawals made by this subsection shall
not apply to petroleum products for vessels or aircraft in voyages
or flights exclusively between Hawaii or Alaska and any airport or
Pacific coast seaport of the United States.
(b) Drawback
Articles withdrawn from bonded warehouses, bonded manufacturing
warehouses, continuous customs custody elsewhere than in a bonded
warehouse, or from a foreign-trade zone, imported articles, and
articles of domestic manufacture or production, laden as supplies
upon any such vessel or aircraft of the United States or laden as
supplies (including equipment) upon, or used in the maintenance or
repair of, any such foreign vessel or aircraft, shall be considered
to be exported within the meaning of the drawback provisions of
this chapter.
(c) Articles removed in, or returned to, the United States
Any article exempted from duty or tax, or in respect of which
drawback has been allowed, under this section or section 1317 of
this title and thereafter removed in the United States from any
vessel or aircraft, or otherwise returned to the United States,
shall be treated as an importation from a foreign country.
(d) Reciprocal privileges
The privileges granted by this section and section 1317 of this
title in respect of aircraft registered in a foreign country shall
be allowed only if the Secretary of the Treasury shall have been
advised by the Secretary of Commerce that he has found that such
foreign country allows, or will allow, substantially reciprocal
privileges in respect of aircraft registered in the United States.
If the Secretary of Commerce shall advise the Secretary of the
Treasury that he has found that a foreign country has discontinued,
or will discontinue, the allowance of such privileges, the
privileges granted by this section and such section 1317 shall not
apply thereafter in respect of aircraft registered in that foreign
25, 1938, ch. 679, Sec. 5(a), 52 Stat. 1080; July 22, 1941, ch.
314, Sec. 3, 55 Stat. 602; Aug. 8, 1953, ch. 397, Sec. 11(a), 67
Stat. 514; Pub. L. 86-606, Sec. 5(a), July 7, 1960, 74 Stat. 361;
Pub. L. 101-382, title III, Sec. 484A(b), Aug. 20, 1990, 104 Stat.
708.)
Provisions similar to those in this section were contained in act
Oct. 3, 1913, ch. 16, Sec. IV, K, 38 Stat. 197, which superseded a
like provision made by an amendment of R.S. Sec. 2982, by the
Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6, Sec. 21, 36 Stat.
88. Section IV, K, of the act of 1913, and R.S. Sec. 2982 were
superseded by act Sept. 21, 1922, ch. 356, title III, Sec. 309, 42
Stat. 938, and respectively repealed by sections 321 and 642
thereof. Section 309 of the act of 1922 was superseded by section
1990 - Subsec. (b). Pub. L. 101-382 inserted ''imported
articles,'' after ''foreign-trade zone,''.
1960 - Subsec. (a). Pub. L. 86-606 inserted '', or between Hawaii
other part of the United States'' after ''possessions'' wherever
appearing, and made the provisions for free withdrawals
inapplicable to petroleum products for vessels or aircraft in
voyages or flights between Hawaii or Alaska and any airport or
1953 - Subsec. (a). Act Aug. 8, 1953, extended the exemption from
payment of duty and internal revenue tax theretofore available to
supplies for certain vessels and aircraft withdrawn from bonded
warehouses, bonded manufacturing warehouses, or continuous customs
custody elsewhere to supplies withdrawn from foreign trade zones;
accorded free entry for equipment withdrawn for foreign vessels;
and enlarged the classes of vessels and aircraft theretofore
covered to include all vessels and aircraft operated by the United
Subsec. (b). Act Aug. 8, 1953, made technical changes to conform
with the changes made by such act in subsec. (a), including
insertion of ''or from a foreign-trade zone,''.
1941 - Subsec. (a). Act July 22, 1941, inserted ''or from any
internal-revenue bonded warehouse, from any brewery, or from any
winery premises or bonded premises for the storage of wine, free of
internal-revenue tax'' after ''internal-revenue tax''.
1938 - Act June 25, 1938, amended section generally, adding
subsecs. (c) and (d).
Section 484A(c) of Pub. L. 101-382 provided that:
''Notwithstanding section 514 of the Tariff Act of 1930 (19 U.S.C.
1514) or any other provision of law, the amendments made by this
section (amending this section and section 1313 of this title)
shall apply to -
''(1) claims filed or liquidated on or after January 1, 1988,
''(2) claims that are unliquidated, under protest, or in
litigation on the date of enactment of this Act (Aug. 20,
Section 5(b) of Pub. L. 86-606 provided that: ''The amendment
made by this section (amending this section) shall apply only with
respect to articles withdrawn as provided in section 309(a) of the
Tariff Act of 1930, as amended (subsec. (a) of this section), on or
after the date of the enactment of this Act (July 7, 1960).''
EFFECTIVE DATE OF 1953 AMENDMENT; SAVINGS PROVISION
Amendment by act Aug. 8, 1953, effective on and after thirtieth
day following Aug. 8, 1953, and savings provision, see notes set
out under section 1304 of this title.
This section is referred to in section 1557 of this title; title
26 sections 5003, 5053, 5055, 5214.
Sec. 1310. Free importation of merchandise recovered from sunken
and abandoned vessels
Whenever any vessel laden with merchandise, in whole or in part
subject to duty, has been sunk in any river, harbor, bay, or waters
subject to the jurisdiction of the United States, and within its
limits, for the period of two years and is abandoned by the owner
thereof, any person who may raise such vessel shall be permitted to
bring any merchandise recovered therefrom into the port nearest to
the place where such vessel was so raised free from the payment of
any duty thereupon, but under such regulations as the Secretary of
the Treasury may prescribe.
(June 17, 1930, ch. 497, title III, Sec. 310, 46 Stat. 691.)
Oct. 3, 1913, ch. 16, Sec. IV, L, 38 Stat. 197, superseding similar
provisions of previous tariff acts. That section was superseded by
act Sept. 21, 1922, ch. 356, title III, Sec. 310, 42 Stat. 938, and
1922, was superseded by section 310 of act June 17, 1930, and
repealed by section 651(a)(1) of the 1930 act.
Sec. 1311. Bonded manufacturing warehouses
All articles manufactured in whole or in part of imported
materials, or of materials subject to internal-revenue tax, and
intended for exportation without being charged with duty, and
without having an internal-revenue stamp affixed thereto, shall,
under such regulations as the Secretary of the Treasury may
prescribe, in order to be so manufactured and exported, be made and
manufactured in bonded warehouses similar to those known and
designated in Treasury Regulations as bonded warehouses, class six:
Provided, That the manufacturer of such articles shall first give
satisfactory bonds for the faithful observance of all the
provisions of law and of such regulations as shall be prescribed by
the Secretary of the Treasury: Provided further, That the
manufacture of distilled spirits from grain, starch, molasses, or
sugar, including all dilutions or mixtures of them or either of
them, shall not be permitted in such manufacturing warehouses.
Whenever goods manufactured in any bonded warehouse established
under the provisions of the preceding paragraph shall be exported
directly therefrom or shall be duly laden for transportation and
immediate exportation under the supervision of the proper officer
who shall be duly designated for that purpose, such goods shall be
exempt from duty and from the requirements relating to revenue
stamps.
No flour, manufactured in a bonded manufacturing warehouse from
wheat imported after ninety days after June 17, 1930, shall be
withdrawn from such warehouse for exportation without payment of a
duty on such imported wheat equal to any reduction in duty which by
treaty will apply in respect of such flour in the country to which
it is to be exported.
Any materials used in the manufacture of such goods, and any
packages, coverings, vessels, brands, and labels used in putting up
the same may, under the regulations of the Secretary of the
Treasury, be conveyed without the payment of revenue tax or duty
into any bonded manufacturing warehouse, and imported goods may,
under the aforesaid regulations, be transferred without the
exaction of duty from any bonded warehouse into any bonded
manufacturing warehouse; but this privilege shall not be held to
apply to implements, machinery, or apparatus to be used in the
construction or repair of any bonded manufacturing warehouse or for
the prosecution of the business carried on therein.
Articles or materials received into such bonded manufacturing
warehouse or articles manufactured therefrom may be withdrawn or
removed therefrom for direct shipment and exportation or for
transportation and immediate exportation in bond to foreign
countries or to the Philippine Islands under the supervision of the
officer duly designated therefor by the appropriate customs officer
of the port, who shall certify to such shipment and exportation, or
ladening for transportation, as the case may be, describing the
articles by their mark or otherwise, the quantity, the date of
exportation, and the name of the vessel: Provided, That the
by-products incident to the processes of manufacture, including
waste derived from cleaning rice in bonded warehouses under the Act
of March 24, 1874, ch. 65, 18 Stat. 24, in said bonded warehouses
may be withdrawn for domestic consumption on the payment of duty
equal to the duty which would be assessed and collected by law if
such waste or by-products were imported from a foreign country:
Provided, That all waste material may be destroyed under Government
supervision. All labor performed and services rendered under these
provisions shall be under the supervision of a duly designated
officer of the customs and at the expense of the manufacturer.
A careful account shall be kept by the appropriate customs
officer of all merchandise delivered by him to any bonded
manufacturing warehouse, and a sworn monthly return, verified by
the customs officers in charge, shall be made by the manufacturer
containing a detailed statement of all imported merchandise used by
him in the manufacture of exported articles.
Before commencing business the proprietor of any manufacturing
warehouse shall file with the Secretary of the Treasury a list of
all the articles intended to be manufactured in such warehouse, and
state the formula of manufacture and the names and quantities of
the ingredients to be used therein.
Articles manufactured under these provisions may be withdrawn
prescribe for transportation and delivery into any bonded warehouse
for the sole purpose of export therefrom: Provided, That cigars
manufactured in whole of tobacco imported from any one country,
made and manufactured in such bonded manufacturing warehouses, may
be withdrawn for home consumption upon the payment of the duties on
such tobacco in its condition as imported under such regulations as
the Secretary of the Treasury may prescribe, and the payment of the
internal-revenue tax accruing on such cigars in their condition as
withdrawn, and the boxes or packages containing such cigars shall
be stamped to indicate their character, origin of tobacco from
which made, and place of manufacture.
The provisions of section 3433 of the Revised Statutes shall, so
far as may be practicable, apply to any bonded manufacturing
warehouse established under this chapter and to the merchandise
conveyed therein.
Distilled spirits and wines which are rectified in bonded
manufacturing warehouses, class six, and distilled spirits which
are reduced in proof and bottled in such warehouses, shall be
deemed to have been manufactured within the meaning of this
section, and may be withdrawn as hereinbefore provided, and
likewise for shipment in bond to Puerto Rico, subject to the
provisions of this section, and under such regulations as the
Secretary of the Treasury may prescribe, there to be withdrawn for
consumption or be rewarehoused and subsequently withdrawn for
consumption: Provided, That upon withdrawal in Puerto Rico for
consumption, the duties imposed by the customs laws of the United
States shall be collected on all imported merchandise (in its
condition as imported) and imported containers used in the
manufacture and putting up of such spirits and wines in such
warehouses.
No article manufactured in a bonded warehouse from materials that
are goods subject to NAFTA drawback, as defined in section 3333(a)
of this title, may be withdrawn from warehouse for exportation to a
NAFTA country, as defined in section 3301(4) of this title, without
assessment of a duty on the materials in their condition and
quantity, and at their weight, at the time of importation into the
United States. The duty shall be paid before the 61st day after the
date of exportation, except that upon the presentation, before such
61st day, of satisfactory evidence of the amount of any customs
duties paid to the NAFTA country on the article, the customs duty
may be waived or reduced (subject to section 1508(b)(2)(B) of this
title) in an amount that does not exceed the lesser of -
(1) the total amount of customs duties paid or owed on the
materials on importation into the United States, or
(2) the total amount of customs duties paid on the article to
the NAFTA country.
If Canada ceases to be a NAFTA country and the suspension of the
operation of the United States-Canada Free-Trade Agreement
thereafter terminates, no article manufactured in a bonded
warehouse, except to the extent that such article is made from an
article that is a drawback eligible good under section 204(a) of
the United States-Canada Free-Trade Agreement Implementation Act of
1988, may be withdrawn from such warehouse for exportation to
Canada during the period such Agreement is in operation without
payment of a duty on such imported merchandise in its condition,
and at the rate of duty in effect, at the time of importation.
26, 1936, ch. 830, title IV, Sec. 404, 49 Stat. 1960; Pub. L.
91-271, title III, Sec. 301(b), June 2, 1970, 84 Stat. 287; Pub. L.
96-39, title VIII, Sec. 856(b), July 26, 1979, 93 Stat. 295; Pub.
L. 97-446, title II, Sec. 202, Jan. 12, 1983, 96 Stat. 2350; Pub.
L. 100-449, title II, Sec. 204(c)(1), Sept. 28, 1988, 102 Stat.
1862; Pub. L. 103-182, title II, Sec. 203(b)(1), Dec. 8, 1993, 107
Stat. 2088.)
Act March 24, 1874, referred to in text, which provided that
''importers' bonded warehouses, to be used for the storage and
cleansing of imported rice intended for exportation to foreign
countries, may be established at any port of entry in the United
States, under such rules and regulations as the Secretary of the
Treasury may prescribe'', was repealed by act Sept. 21, 1922, ch.
356, title IV, Sec. 643, 42 Stat. 989.
R.S. Sec. 3433, referred to in text, was amended by act Feb. 27,
1877, ch. 69, 19 Stat. 248. The provisions of R.S. Sec. 3433 as
they existed prior to the amendment by act Feb. 27, 1877, were
reenacted as section 10 of act Oct. 1, 1890, ch. 1244, 26 Stat.
614. Section 55 of said act Oct. 1, 1890, repealed all laws and
parts of laws inconsistent therewith. The provisions of said
section 10 of act Oct. 1, 1890, were incorporated into the Internal
Revenue Code of 1939, as subsections (a), (b), (c), and (d)(1) of
section 3177. See section 5521 of Title 26, Internal Revenue Code.
Section 204 of the United States-Canada Free-Trade Agreement
Implementation Act of 1988, referred to in text, is section 204 of
Pub. L. 100-449, which is set out in a note under section 2112 of
Oct. 3, 1913, ch. 16, Sec. IV, M, 38 Stat. 197, which was
Stat. 938, and repealed by section 321 thereof. Section 311 of the
1922 act was superseded by section 311 of act June 17, 1930,
Section IV, M, of the act of 1913 superseded previous similar
provisions of the Payne-Aldrich Tariff Act of Aug. 5, 1909, ch. 6,
Sec. 23, 36 Stat. 88, which superseded those of the Dingley Tariff
Act of July 24, 1897, ch. 11, Sec. 15, 30 Stat. 207. Similar
provisions were contained in the Wilson Tariff Act of Aug. 27,
1894, ch. 349, Sec. 9, 28 Stat. 548.
1993 - Pub. L. 103-182 amended last par. generally. Prior to
amendment, last par. read as follows: ''No article manufactured in
a bonded warehouse, except to the extent that such article is made
from an article that is a drawback eligible good under section
204(a) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988, may be withdrawn from such warehouse
for exportation to Canada on or after January 1, 1994, or such
later date as may be proclaimed by the President under section
204(b)(2)(B) of such Act of 1988, without payment of a duty on such
imported merchandise in its condition, and at the rate of duty in
effect, at the time of importation.''
1988 - Pub. L. 100-449 added par. at end relating to articles
withdrawn for exportation to Canada on and after Jan. 1, 1994, and
to drawback-eligible goods under the United States-Canada
Free-Trade Agreement Implementation Act of 1988.
1983 - Pub. L. 97-446 struck out ''at an exterior port'' after
''bonded warehouse'' and ''immediate'' after ''sole purpose of'' in
eighth par.
1979 - Pub. L. 96-39, in par. relating to distilled spirits and
wine, struck out provision that no internal revenue tax be imposed
on distilled spirits and wines rectified in class six warehouses if
such distilled spirits and wines are exported or shipped in
accordance with the provisions of this section, and that no person
rectifying distilled spirits or wines in such warehouses be subject
by reason of such rectification to the payment of special tax as
rectifier.
1970 - Pub. L. 91-271 substituted references to the appropriate
customs officer for references to the collector wherever appearing.
1936 - Act June 26, 1936, inserted par. at end relating to
distilled spirits and wine.
Amendment by Pub. L. 103-182 applicable (1) with respect to
exports from the United States to Canada on Jan. 1, 1996, if Canada
is a NAFTA country on that date and after such date for so long as
Canada continues to be a NAFTA country and (2) with respect to
exports from the United States to Mexico on Jan. 1, 2001, if Mexico
Mexico continues to be a NAFTA country, see section 213(c) of Pub.
L. 103-182, set out as an Effective Date note under section 3331 of
EFFECTIVE AND TERMINATION DATES OF 1988 AMENDMENT
Section 856(b) of Pub. L. 96-39 provided that: ''Effective
January 1, 1980, the second proviso to the last paragraph of
section 311 of the Tariff Act of 1930 (this section) is hereby
repealed.''
Customs officers, referred to in text, are under Department of the
WITHDRAWAL OF DISTILLED SPIRITS TO MANUFACTURING BONDED WAREHOUSES;
TRANSFERS TO WAREHOUSES PENDING EXPORTATION
Pub. L. 96-39, title VIII, Sec. 856(a), July 26, 1979, 93 Stat.
295, as amended by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, provided that: ''In the case of articles described in section
5522(a) of the Internal Revenue Code of 1986 (formerly I.R.C. 1954,
26 U.S.C. 5522(a)) (as in effect before its repeal by section
807(a)(50) of the Distilled Spirits Tax Revision Act of 1979
(section 807(50) of Pub. L. 96-39)) the first sentence of the
eighth paragraph of section 311 of the Tariff Act of 1930 (19
U.S.C. 1311) shall be applied as if such first sentence did not
include the phrase 'at an exterior port'.''
This section is referred to in sections 1352, 1508, 2703 of this
title; title 18 section 2341; title 26 section 5214.
Sec. 1312. Bonded smelting and refining warehouses
(a) Bond; charges against bond
Any plant engaged in smelting or refining, or both, of
metal-bearing materials as defined in this section may, upon the
giving of satisfactory bond, be designated a bonded smelting or
refining warehouse. Metal-bearing materials may be entered into a
bonded smelting or refining warehouse without the payment of duties
thereon and there smelted or refined, or both, together with
metal-bearing materials of domestic or foreign origin. Upon
arrival of imported metal-bearing materials at the warehouse they
shall be sampled according to commercial methods and assayed, both
under customs supervision. The bond shall be charged with a sum
equal in amount to the duties which would be payable on such
metal-bearing materials in their condition as imported if entered
for consumption, and the bond charge shall be adjusted to reflect
changes in the applicable rate of duty occurring while the imported
materials are still covered by the bond.
(b) Cancellation of charges against bond
The several charges against such bond may be canceled in whole or
in part -
(1) upon the exportation from the bonded warehouses which
treated the metal-bearing materials, or from any other bonded
smelting or refining warehouse, of a quantity of the same kind of
metal contained in any product of smelting or refining of
metal-bearing materials equal to the dutiable quantity contained
in the imported metal-bearing materials less wastage provided for
in subsection (c) of this section; except that in the case of a
withdrawal for exportation of such a product to a NAFTA country,
as defined in section 3301(4) of this title, if any of the
imported metal-bearing materials are goods subject to NAFTA
drawback, as defined in section 3333(a) of this title, the duties
on the materials shall be paid, and the charges against the bond
canceled, before the 61st day after the date of exportation; but
upon the presentation, before such 61st day, of satisfactory
evidence of the amount of any customs duties paid to the NAFTA
country on the product, the duties on the materials may be waived
or reduced (subject to section 1508(b)(2)(B) of this title) in an
amount that does not exceed the lesser of -
(A) the total amount of customs duties owed on the materials
on importation into the United States, or
(B) the total amount of customs duties paid to the NAFTA
country on the product, or
(2) upon payment of duties on the dutiable quantity of metal
contained in the imported metal-bearing materials, or
(3) upon the transfer of the bond charges to another bonded
smelting or refining warehouse by physical shipment of a quantity
of the same kind of metal contained in any product of smelting or
refining of metal-bearing materials equal to the dutiable
quantity contained in the imported metal-bearing materials less
wastage provided for in subsection (c) of this section, or
(4) upon the transfer of the bond charges to a bonded customs
warehouse other than a bonded smelting or refining warehouse by
physical shipment of a quantity of the same kind of metal
contained in any product of smelting or refining equal to the
dutiable quantity contained in the imported metal-bearing
materials less wastage provided for in subsection (c) of this
section, and upon withdrawal from such other warehouse for
exportation or domestic consumption the provisions of this
section shall apply; except that in the case of a withdrawal for
exportation of such a product to a NAFTA country, as defined in
section 3301(4) of this title, if any of the imported
metal-bearing materials are goods subject to NAFTA drawback, as
defined in section 3333(a) of this title, the duties on the
materials shall be paid, and the charges against the bond
(5) upon the transfer to another bonded smelting or refining
warehouse without physical shipment of metal of bond charges
representing a quantity of dutiable metal contained in imported
metal-bearing materials less wastage provided for in subsection
(c) of this section of the plant of initial treatment of such
materials provided there is on hand at the warehouse to which the
transfer is made sufficient like metal in any form to satisfy the
transferred bond charges.
thereafter terminates, no charges against such bond may be canceled
in whole or part upon an exportation to Canada under paragraph (1)
or (4) during the period such Agreement is in operation except to
the extent that the metal-bearing materials were of Canadian origin
as determined in accordance with section 202 of the United
States-Canada Free-Trade Agreement Implementation Act of 1988.
(c) Allowance on bond for wastage of metals
For purposes of paragraphs (1), (3), (4), and (5) of subsection
(b) of this section, due allowances shall be made for wastage of
metals other than copper, lead, and zinc, as ascertained from time
to time by the Secretary of the Treasury.
(d) Credit for exportation of product other than refined metal
Upon the exportation of a product of smelting or refining other
than refined metal the bond shall be credited with a quantity of
metal equivalent to the quantity of metal contained in the product
exported less the proportionate part of the deductions allowed for
losses in determination of the bond charge being cancelled that
would not ordinarily be sustained in production of the specific
product exported as ascertained from time to time by the Secretary
of the Treasury; except that in the case of a withdrawal for
exportation to a NAFTA country, as defined in section 3301(4) of
this title, if any of the imported metal-bearing materials are
goods subject to NAFTA drawback, as defined in section 3333(a) of
this title, charges against the bond shall be paid before the 61st
day after the date of exportation; but upon the presentation,
before such 61st day, of satisfactory evidence of the amount of any
customs duties paid to the NAFTA country on the product, the bond
shall be credited (subject to section 1508(b)(2)(B) of this title)
in an amount not to exceed the lesser of -
(2) the total amount of customs duties paid to the NAFTA
country on the product.
thereafter terminates, no bond shall be credited under this
subsection with respect to an exportation of a product to Canada
during the period such Agreement is in operation except to the
extent that the product is a drawback eligible good under section
Implementation Act of 1988.
(e) General bond for two or more warehouses
Two or more smelting or refining warehouses may be included under
one general bond and the quantities of each kind of metal subject
to duty on hand at all of such warehouses may be aggregated to
satisfy the bond obligation.
(f) Definitions
For purposes of this section -
(1) the term ''metal-bearing materials'' means metal-bearing
ores and other metal-bearing materials provided for in chapter 26
of the Harmonized Tariff Schedule of the United States, metal
waste and scrap and unwrought metal to be smelted or refined
provided for in chapters 71 through 83 of the Harmonized Tariff
Schedule of the United States, and metal compounds to be
processed for the recovery of their metal content;
(2) the term ''smelting or refining'' embraces only
pyrometallurgical, hydrometallurgical, electrometallurgical,
chemical, or other processes -
(A) for the treatment of metal-bearing materials to reduce
the metal content thereof to a metallic state in the course of
recovering it in forms which if imported would be classifiable
in chapters 71 through 83 of the Harmonized Tariff Schedule of
the United States as unwrought metal, or in the form of oxides
or other compounds which are obtained directly from the
treatment of materials provided for in chapter 26 of the
Harmonized Tariff Schedule of the United States, and
(B) for the treatment of unwrought metal or metal waste and
scrap to remove impurities or undesired components; and
(3) the term ''product of smelting or refining'' means metals
or metal-bearing materials resulting directly from smelting or
refining processes, but does not include metal-bearing ores of
chapter 26 of the Harmonized Tariff Schedule of the United
(g) Supervision and cost of labor under this section
Labor performed and services rendered pursuant to this section
shall be under the supervision of an officer of the customs, to be
appointed by the Secretary of the Treasury and at the expense of
the manufacturer. The Secretary of the Treasury is authorized to
make such rules and regulations as may be necessary to carry out
the provisions of this section.
87-456, title III, Sec. 301(b), May 24, 1962, 76 Stat. 75; Pub. L.
100-418, title I, Sec. 1214(h)(1), Aug. 23, 1988, 102 Stat. 1157;
Pub. L. 100-449, title II, Sec. 204(c)(2), Sept. 28, 1988, 102
Stat. 1862; Pub. L. 103-182, title II, Sec. 203(b)(2), Dec. 8,
1993, 107 Stat. 2088.)
Sections 202 and 204 of the United States-Canada Free-Trade
Agreement Implementation Act of 1988, referred to in subsecs. (b)
and (d), are sections 202 and 204 of Pub. L. 100-449, which are set
out in a note under section 2112 of this title.
in subsec. (f), is not set out in the Code. See Publication of
Oct. 3, 1913, ch. 16, Sec. IV, N, subsection 1, 38 Stat. 198, which
was superseded by act Sept. 21, 1922, ch. 356, title III, Sec. 312,
42 Stat. 940, and repealed by section 321 thereof. Section 312 of
the act of 1922 was superseded by section 312 of act June 17, 1930,
and repealed by section 651(a)(1) of the 1930 act.
Provisions more or less similar were contained in the
89, the Dingley Tariff Act of July 24, 1897, ch. 11, Sec. 29, 30
Stat. 210, the McKinley Tariff Act of Oct. 1, 1890, ch. 1244, Sec.
24, 26 Stat. 617, and the Wilson Tariff Act of Aug. 27, 1894, ch.
349, Sec. 21, 28 Stat. 551.
Previous provisions for sampling lead ores were contained in act
Mar. 2, 1895, ch. 189, Sec. 1, 28 Stat. 933, prior to repeal by act
Sept. 21, 1922, ch. 356, title III, Sec. 321, 42 Stat. 947.
1993 - Subsec. (b). Pub. L. 103-182, Sec. 203(b)(2)(B), inserted
concluding provisions following par. (5).
Subsec. (b)(1). Pub. L. 103-182, Sec. 203(b)(2)(A), struck out
''(other than exportation to Canada on or after January 1, 1994, or
such later date as may be proclaimed by the President under section
204(b)(2)(B) of the United States-Canada Free-Trade Agreement
Implementation Act of 1988, except to the extent that the
metal-bearing materials were of Canadian origin as determined in
accordance with section 202 of such Act of 1988)'' after ''upon the
exportation'' and inserted provisions excepting goods withdrawn for
exportation to a NAFTA country.
accordance with section 202 of such Act of 1988)'' after
''warehouse for exportation'' and inserted provisions excepting
goods withdrawn for exportation to a NAFTA country.
Subsec. (d). Pub. L. 103-182, Sec. 203(b)(2)(C), struck out
Implementation Act of 1988, except to the extent that the product
is a drawback eligible good under section 204(a) of such Act of
1988)'' after ''Upon the exportation'' and inserted before
concluding period provisions excepting goods withdrawn for
exportation to a NAFTA country, including pars. (1) and (2), as
well as sentence relating to conditions arising should Canada cease
to be a NAFTA country.
1988 - Subsec. (b)(1), (4). Pub. L. 100-449, Sec. 204(c)(2)(A),
inserted ''(other than exportation to Canada on or after January 1,
1994, or such later date as may be proclaimed by the President
under section 204(b)(2)(B) of the United States-Canada Free-Trade
Agreement Implementation Act of 1988, except to the extent that the
''exportation''.
Subsec. (d). Pub. L. 100-449, Sec. 204(c)(2)(B), inserted
1988)'' after ''exportation''.
Subsec. (f)(1). Pub. L. 100-418, Sec. 1214(h)(1)(A), substituted
''chapter 26 of the Harmonized Tariff Schedule of the United
States'' for ''schedule 6, part 1, of the Tariff Schedules of the
United States'' and ''chapters 71 through 83 of the Harmonized
Tariff Schedule of the United States'' for ''schedule 6, part 2, of
such schedules'' and struck out the quotation marks surrounding
''metal waste and scrap'' and ''unwrought metal''.
Subsec. (f)(2)(A). Pub. L. 100-418, Sec. 1214(h)(1)(B),
substituted ''chapters 71 through 83 of the Harmonized Tariff
Schedule of the United States'' for ''part 2 of schedule 6'' and
States'' for ''part 1 of schedule 6'' and struck out single
quotation marks surrounding ''unwrought metal''.
Subsec. (f)(3). Pub. L. 100-418, Sec. 1214(h)(1)(C), substituted
''of chapter 26 of the Harmonized Tariff Schedule of the United
States'' for ''as defined in part 1 of schedule 6''.
1962 - Pub. L. 87-456 amended section generally, and among other
changes, substituted ''metal-bearing minerals'' for ''ores or crude
metals'', authorized adjustment of the bond charge to reflect
materials are still covered by the bond, permitted two or more
warehouses to be included under one general bond, prohibited
allowances for wastage of copper, lead, and zinc, and defined
''metal-bearing materials'', ''smelting or refining'', and
''product of smelting or refining''.
Amendment by Pub. L. 100-418 effective Jan. 1, 1989, and
applicable with respect to articles entered on or after such date,
see section 1217(b)(1) of Pub. L. 100-418, set out as an Effective
Date note under section 3001 of this title.
Amendment by Pub. L. 87-456 effective with respect to articles
entered, or withdrawn from warehouse, for consumption on or after
Aug. 31, 1963, see section 501(a) of Pub. L. 87-456.
This section is referred to in section 1508 of this title.
Sec. 1313. Drawback and refunds
(a) Articles made from imported merchandise
Upon the exportation or destruction under customs supervision of
articles manufactured or produced in the United States with the use
of imported merchandise, provided that those articles have not been
used prior to such exportation or destruction, the full amount of
the duties paid upon the merchandise so used shall be refunded as
drawback, less 1 per centum of such duties, except that such duties
shall not be so refunded upon the exportation or destruction of
flour or by-products produced from imported wheat. Where two or
more products result from the manipulation of imported merchandise,
the drawback shall be distributed to the several products in
accordance with their relative values at the time of separation.
(b) Substitution for drawback purposes
If imported duty-paid merchandise and any other merchandise
(whether imported or domestic) of the same kind and quality are
used in the manufacture or production of articles within a period
not to exceed three years from the receipt of such imported
merchandise by the manufacturer or producer of such articles, there
shall be allowed upon the exportation, or destruction under customs
supervision, of any such articles, notwithstanding the fact that
none of the imported merchandise may actually have been used in the
manufacture or production of the exported or destroyed articles, an
amount of drawback equal to that which would have been allowable
had the merchandise used therein been imported, but only if those
articles have not been used prior to such exportation or
destruction; but the total amount of drawback allowed upon the
exportation or destruction under customs supervision of such
articles, together with the total amount of drawback allowed in
respect of such imported merchandise under any other provision of
law, shall not exceed 99 per centum of the duty paid on such
imported merchandise.
(c) Merchandise not conforming to sample or specifications
Upon the exportation, or destruction under the supervision of the
Customs Service, of merchandise -
(1) not conforming to sample or specifications, shipped without
the consent of the consignee, or determined to be defective as of
the time of importation;
(2) upon which the duties have been paid;
(3) which has been entered or withdrawn for consumption; and
(4) which, within 3 years after release from the custody of the
Customs Service, has been returned to the custody of the Customs
Service for exportation or destruction under the supervision of
the Customs Service;
the full amount of the duties paid upon such merchandise, less 1
percent, shall be refunded as drawback.
(d) Flavoring extracts; medicinal or toilet preparations; bottled
distilled spirits and wines
Upon the exportation of flavoring extracts, medicinal or toilet
preparations (including perfumery) manufactured or produced in the
United States in part from domestic alcohol on which an
internal-revenue tax has been paid, there shall be allowed a
drawback equal in amount to the tax found to have been paid on the
alcohol so used.
Upon the exportation of bottled distilled spirits and wines
manufactured or produced in the United States on which an
internal-revenue tax has been paid or determined, there shall be
allowed, under regulations to be prescribed by the Commissioner of
Internal Revenue, with the approval of the Secretary of the
Treasury, a drawback equal in amount to the tax found to have been
paid or determined on such bottled distilled spirits and wines. In
the case of distilled spirits, the preceding sentence shall not
apply unless the claim for drawback is filed by the bottler or
packager of the spirits and unless such spirits have been stamped
or restamped, and marked, especially for export, under regulations
prescribed by the Commissioner of Internal Revenue, with the
approval of the Secretary of the Treasury.
(e) Imported salt for curing fish
Imported salt in bond may be used in curing fish taken by vessels
licensed to engage in the fisheries, and in curing fish on the
shores of the navigable waters of the United States, whether such
fish are taken by licensed or unlicensed vessels, and upon proof
that the salt has been used for either of such purposes, the duties
on the same shall be remitted.
(f) Exportation of meats cured with imported salt
Upon the exportation of meats, whether packed or smoked, which
have been cured in the United States with imported salt, there
shall be refunded, upon satisfactory proof that such meats have
been cured with imported salt, the duties paid on the salt so used
in curing such exported meats, in amounts not less than $100.
(g) Materials for construction and equipment of vessels built for
The provisions of this section shall apply to materials imported
and used in the construction and equipment of vessels built for
foreign account and ownership, or for the government of any foreign
country, notwithstanding that such vessels may not within the
strict meaning of the term be articles exported.
(h) Jet aircraft engines
Upon the exportation of jet aircraft engines manufactured or
produced abroad that have been overhauled, repaired, rebuilt, or
reconditioned in the United States with the use of imported
merchandise, including parts, there shall be refunded, upon
satisfactory proof that such imported merchandise has been so used,
the duties which have been paid thereon, in amounts not less than
(i) Time limitation on exportation
No drawback shall be allowed under the provisions of this section
unless the completed article is exported within five years after
importation of the imported merchandise.
(j) Unused merchandise drawback
(1) If imported merchandise, on which was paid any duty, tax, or
fee imposed under Federal law because of its importation -
(A) is, before the close of the 3-year period beginning on the
date of importation -
(i) exported, or
(ii) destroyed under customs supervision; and
(B) is not used within the United States before such
exportation or destruction;
then upon such exportation or destruction 99 percent of the amount
of each duty, tax, or fee so paid shall be refunded as drawback.
The exporter (or destroyer) has the right to claim drawback under
this paragraph, but may endorse such right to the importer or any
intermediate party.
(2) Subject to paragraph (4), if there is, with respect to
imported merchandise on which was paid any duty, tax, or fee
imposed under Federal law because of its importation, any other
merchandise (whether imported or domestic), that -
(A) is commercially interchangeable with such imported
merchandise;
(B) is, before the close of the 3-year period beginning on the
date of importation of the imported merchandise, either exported
or destroyed under customs supervision; and
(C) before such exportation or destruction -
(i) is not used within the United States, and
(ii) is in the possession of, including ownership while in
bailment, in leased facilities, in transit to, or in any other
manner under the operational control of, the party claiming
drawback under this paragraph, if that party -
(I) is the importer of the imported merchandise, or
(II) received from the person who imported and paid any
duty due on the imported merchandise a certificate of
delivery transferring to the party the imported merchandise,
commercially interchangeable merchandise, or any combination
of imported and commercially interchangeable merchandise (and
any such transferred merchandise, regardless of its origin,
will be treated as the imported merchandise and any retained
merchandise will be treated as domestic merchandise);
then upon the exportation or destruction of such other merchandise
the amount of each such duty, tax, and fee paid regarding the
imported merchandise shall be refunded as drawback, but in no case
may the total drawback on the imported merchandise, whether
available under this paragraph or any other provision of law or any
combination thereof, exceed 99 percent of that duty, tax, or fee.
(3) The performing of any operation or combination of operations
(including, but not limited to, testing, cleaning, repacking,
inspecting, sorting, refurbishing, freezing, blending, repairing,
reworking, cutting, slitting, adjusting, replacing components,
relabeling, disassembling, and unpacking), not amounting to
manufacture or production for drawback purposes under the preceding
provisions of this section on -
(A) the imported merchandise itself in cases to which paragraph
(1) applies, or
(B) the commercially interchangeable merchandise in cases to
which paragraph (2) applies,
shall not be treated as a use of that merchandise for purposes of
applying paragraph (1)(B) or (2)(C).
(4) Effective upon the entry into force of the North American
Free Trade Agreement, the exportation to a NAFTA country, as
defined in section 2(4) of the North American Free Trade Agreement
Implementation Act (19 U.S.C. 3301(4)), of merchandise that is
fungible with and substituted for imported merchandise, other than
merchandise described in paragraphs (1) through (8) of section
203(a) of that Act (19 U.S.C. 3333(a)), shall not constitute an
exportation for purposes of paragraph (2).
(k) Use of domestic merchandise acquired in exchange for imported
merchandise of same kind and quality
For purposes of subsections (a) and (b) of this section, the use
of any domestic merchandise acquired in exchange for imported
merchandise of the same kind and quality shall be treated as the
use of such imported merchandise if no certificate of delivery is
issued with respect to such imported merchandise.
(l) Regulations
Allowance of the privileges provided for in this section shall be
subject to compliance with such rules and regulations as the
Secretary of the Treasury shall prescribe, which may include, but
need not be limited to, the authority for the electronic submission
of drawback entries and the designation of the person to whom any
refund or payment of drawback shall be made.
(m) Source of payment
Any drawback of duties that may be authorized under the
provisions of this chapter shall be paid from the customs receipts
of Puerto Rico, if the duties were originally paid into the
Treasury of Puerto Rico.
(n) Refunds, waivers, or reductions under North American Free Trade
Agreement Implementation Act
(1) For purposes of this subsection and subsection (o) of this
section -
(A) the term ''NAFTA Act'' means the North American Free Trade
Agreement Implementation Act (19 U.S.C. 3301 et seq.);
(B) the terms ''NAFTA country'' and ''good subject to NAFTA
drawback'' have the same respective meanings that are given such
terms in sections 2(4) and 203(a) of the NAFTA Act (19 U.S.C.
3301(4), 3333(a)); and
(C) a refund, waiver, or reduction of duty under paragraph (2)
of this subsection or paragraph (1) of subsection (o) of this
section is subject to section 1508(b)(2)(B) of this title.
(2) For purposes of subsections (a), (b), (f), (h), (p), and (q)
of this section, if an article that is exported to a NAFTA country
is a good subject to NAFTA drawback, no customs duties on the good
may be refunded, waived, or reduced in an amount that exceeds the
lesser of -
(A) the total amount of customs duties paid or owed on the good
(B) the total amount of customs duties paid on the good to the
NAFTA country.
(3) If Canada ceases to be a NAFTA country and the suspension of
the operation of the United States-Canada Free-Trade Agreement
thereafter terminates, then for purposes of subsections (a), (b),
(f), (h), (j)(2), and (q) of this section, the shipment to Canada
during the period such Agreement is in operation of an article made
from or substituted for, as appropriate, a drawback eligible good
under section 204(a) of the United States-Canada Free-Trade
Implementation Act of 1988 does not constitute an exportation.
(o) Vessels built for account of resident of NAFTA country
(1) For purposes of subsection (g) of this section, if -
(A) a vessel is built for the account and ownership of a
resident of a NAFTA country or the government of a NAFTA country,
(B) imported materials that are used in the construction and
equipment of the vessel are goods subject to NAFTA drawback,
the amount of customs duties refunded, waived, or reduced on such
materials may not exceed the lesser of the total amount of customs
duties paid or owed on the materials on importation into the United
States or the total amount of customs duties paid on the vessel to
thereafter terminates, then for purposes of subsection (g) of this
section, vessels built for Canadian account and ownership, or for
the Government of Canada, may not be considered to be built for any
country, except to the extent that the materials in such vessels
are drawback eligible goods under section 204(a) of the United
States-Canada Free-Trade Implementation Act of 1988.
(p) Substitution of finished petroleum derivatives
Notwithstanding any other provision of this section, if -
(A) an article (hereafter referred to in this subsection as
the ''exported article'') of the same kind and quality as a
qualified article is exported;
(B) the requirements set forth in paragraph (2) are met; and
(C) a drawback claim is filed regarding the exported article;
drawback shall be allowed as described in paragraph (4).
(2) Requirements
The requirements referred to in paragraph (1) are as follows:
(A) The exporter of the exported article -
(i) manufactured or produced a qualified article in a
quantity equal to or greater than the quantity of the
exported article,
(ii) purchased or exchanged, directly or indirectly, a
qualified article from a manufacturer or producer described
in subsection (a) or (b) of this section in a quantity equal
to or greater than the quantity of the exported article,
(iii) imported a qualified article in a quantity equal to
or greater than the quantity of the exported article, or
(iv) purchased or exchanged, directly or indirectly, a
qualified article from an importer in a quantity equal to or
greater than the quantity of the exported article.
(B) In the case of the requirement described in subparagraph
(A)(ii), the manufacturer or producer produced the qualified
article in a quantity equal to or greater than the quantity of
the exported article.
(C) In the case of the requirement of subparagraph (A)(i) or
(A)(ii), the exported article is exported during the period
that the qualified article described in subparagraph (A)(i) or
(A)(ii) (whichever is applicable) is manufactured or produced,
or within 180 days after the close of such period.
(D) In the case of the requirement of subparagraph (A)(i) or
(A)(ii), the specific petroleum refinery or production facility
which made the qualified article concerned is identified.
(E) In the case of the requirement of subparagraph (A)(iii)
or (A)(iv), the exported article is exported within 180 days
after the date of entry of an imported qualified article
described in subparagraph (A)(iii) or (A)(iv) (whichever is
applicable).
(F) Except as otherwise specifically provided in this
subsection, the drawback claimant complies with all
requirements of this section, including providing certificates
which establish the drawback eligibility of articles for which
drawback is claimed.
(G) The manufacturer, producer, importer, transferor,
exporter, and drawback claimant of the qualified article and
the exported article maintain all records required by
regulation.
(3) ''Qualified article'' defined, etc.
For purposes of this subsection -
(A) The term ''qualified article'' means an article -
(i) described in -
(I) headings 2707, 2708, 2709.00, 2710, 2711, 2712, 2713,
2714, 2715, 2901, and 2902, and subheadings 2903.21.00,
2909.19.14, 2917.36, 2917.39.04, 2917.39.15, 2926.10.00,
3811.21.00, and 3811.90.00 of the Harmonized Tariff
Schedule of the United States, or
(II) headings 3901 through 3914 of such Schedule (as such
headings apply to the primary forms provided under Note 6
to chapter 39 of the Harmonized Tariff Schedule of the
United States), and
(ii) which is -
(I) manufactured or produced as described in subsection
(a) or (b) of this section from crude petroleum or a
petroleum derivative,
(II) imported duty-paid, or
(III) an article of the same kind and quality as
described in subparagraph (B), or any combination thereof,
that is transferred, as so certified in a certificate of
delivery or certificate of manufacture and delivery in a
quantity not greater than the quantity of articles
purchased or exchanged.
The transferred merchandise described in subclause (III),
regardless of its origin, so designated on the certificate of
delivery or certificate of manufacture and delivery shall be
the qualified article for purposes of this section. A party
who issues a certificate of delivery, or certificate of
manufacture and delivery, shall also certify to the
Commissioner of Customs that it has not, and will not, issue
such certificates for a quantity greater than the amount
eligible for drawback and that appropriate records will be
maintained to demonstrate that fact.
(B) An article, including an imported, manufactured,
substituted, or exported article, is of the same kind and
quality as the qualified article for which it is substituted
under this subsection if it is a product that is commercially
interchangeable with or referred to under the same eight-digit
classification of the Harmonized Tariff Schedule of the United
States as the qualified article. If an article is referred to
under the same eight-digit classification of the Harmonized
Tariff Schedule of the United States as the qualified article
on January 1, 2000, then whether or not the article has been
reclassified under another eight-digit classification after
January 1, 2000, the article shall be deemed to be an article
that is referred to under the same eight-digit classification
of such Schedule as the qualified article for purposes of the
preceding sentence.
(C) The term ''drawback claimant'' means the exporter of the
exported article or the refiner, producer, or importer of
either the qualified article or the exported article. Any
person eligible to file a drawback claim under this
subparagraph may designate another person to file such claim.
(4) Limitation on drawback
The amount of drawback payable under this subsection shall not
exceed the amount of drawback that would be attributable to the
article -
(A) manufactured or produced under subsection (a) or (b) of
this section by the manufacturer or producer described in
clause (i) or (ii) of paragraph (2)(A), or
(B) imported under clause (iii) or (iv) of paragraph (2)(A)
had the claim qualified for drawback under subsection (j) of
(q) Packaging material
Packaging material, when used on or for articles or merchandise
exported or destroyed under subsection (a), (b), (c), or (j) of
this section, shall be eligible under such subsection for refund,
as drawback, of 99 percent of any duty, tax, or fee imposed under
Federal law on the importation of such material.
(2) Additional eligibility
Packaging material produced in the United States, which is used
by the manufacturer or any other person on or for articles which
are exported or destroyed under subsection (a) or (b) of this
section, shall be eligible under such subsection for refund, as
drawback, of 99 percent of any duty, tax, or fee imposed on the
importation of such material used to manufacture or produce the
packaging material.
(r) Filing drawback claims
(1) A drawback entry and all documents necessary to complete a
drawback claim, including those issued by the Customs Service,
shall be filed or applied for, as applicable, within 3 years after
the date of exportation or destruction of the articles on which
drawback is claimed, except that any landing certificate required
by regulation shall be filed within the time limit prescribed in
such regulation. Claims not completed within the 3-year period
shall be considered abandoned. No extension will be granted unless
it is established that the Customs Service was responsible for the
untimely filing.
(2) A drawback entry for refund filed pursuant to any subsection
of this section shall be deemed filed pursuant to any other
subsection of this section should it be determined that drawback is
not allowable under the entry as originally filed but is allowable
under such other subsection.
(3)(A) The Customs Service may, notwithstanding the limitation
set forth in paragraph (1), extend the time for filing a drawback
claim for a period not to exceed 18 months, if -
(i) the claimant establishes to the satisfaction of the Customs
Service that the claimant was unable to file the drawback claim
because of an event declared by the President to be a major
disaster on or after January 1, 1994; and
(ii) the claimant files a request for such extension with the
Customs Service -
(I) within 1 year from the last day of the 3-year period
referred to in paragraph (1), or
(II) within 1 year after October 11, 1996,
whichever is later.
(B) If an extension is granted with respect to a request filed
under this paragraph, the periods of time for retaining records set
forth in subsection (t) of this section and section 1508(c)(3) of
this title shall be extended for an additional 18 months or, in a
case to which subparagraph (A)(ii) applies, for a period not to
exceed 1 year from the date the claim is filed.
(C) For purposes of this paragraph, the term ''major disaster''
has the meaning given that term in section 5122(2) of title 42.
(s) Designation of merchandise by successor
(1) For purposes of subsection (b) of this section, a drawback
successor may designate imported merchandise used by the
predecessor before the date of succession as the basis for drawback
on articles manufactured by the drawback successor after the date
of succession.
(2) For purposes of subsection (j)(2) of this section, a drawback
successor may designate -
(A) imported merchandise which the predecessor, before the date
of succession, imported; or
(B) imported merchandise, commercially interchangeable
merchandise, or any combination of imported and commercially
interchangeable merchandise for which the predecessor received,
before the date of succession, from the person who imported and
paid any duty due on the imported merchandise a certificate of
delivery transferring to the predecessor such merchandise;
as the basis for drawback on merchandise possessed by the drawback
successor after the date of succession.
(3) For purposes of this subsection, the term ''drawback
successor'' means an entity to which another entity (in this
subsection referred to as the ''predecessor'') has transferred by
written agreement, merger, or corporate resolution -
(A) all or substantially all of the rights, privileges,
immunities, powers, duties, and liabilities of the predecessor;
(B) the assets and other business interests of a division,
plant, or other business unit of such predecessor, but only if in
such transfer the value of the transferred realty, personalty,
and intangibles (other than drawback rights, inchoate or
otherwise) exceeds the value of all transferred drawback rights,
inchoate or otherwise.
(4) No drawback shall be paid under this subsection until either
the predecessor or the drawback successor (who shall also certify
that it has the predecessor's records) certifies that -
(A) the transferred merchandise was not and will not be claimed
by the predecessor, and
(B) the predecessor did not and will not issue any certificate
to any other person that would enable that person to claim
drawback.
(t) Drawback certificates
Any person who issues a certificate which would enable another
person to claim drawback shall be subject to the recordkeeping
provisions of this chapter, with the retention period beginning on
the date that such certificate is issued.
(u) Eligibility of entered or withdrawn merchandise
Imported merchandise that has not been regularly entered or
withdrawn for consumption shall not satisfy any requirement for
use, exportation, or destruction under this section.
(v) Multiple drawback claims
Merchandise that is exported or destroyed to satisfy any claim
for drawback shall not be the basis of any other claim for
drawback; except that appropriate credit and deductions for claims
covering components or ingredients of such merchandise shall be
made in computing drawback payments.
(w) Limited applicability for certain agricultural products
No drawback shall be available with respect to an agricultural
product subject to the over-quota rate of duty established under
a tariff-rate quota, except pursuant to subsection (j)(1) of this
(2) Application to tobacco
Notwithstanding paragraph (1), drawback shall also be available
pursuant to subsection (a) of this section with respect to any
tobacco subject to the over-quota rate of duty established under
a tariff-rate quota.
(x) Drawbacks for recovered materials
For purposes of subsections (a), (b), and (c) of this section,
the term ''destruction'' includes a process by which materials are
recovered from imported merchandise or from an article manufactured
from imported merchandise. In determining the amount of duties to
be refunded as drawback to a claimant under this subsection, the
value of recovered materials (including the value of any tax
benefit or royalty payment) that accrues to the drawback claimant
shall be deducted from the value of the imported merchandise that
is destroyed, or from the value of the merchandise used, or
designated as used, in the manufacture of the article.
(June 17, 1930, ch. 497, title III, Sec. 313, 46 Stat. 693; May 17,
1932, ch. 190, 47 Stat. 158; June 26, 1936, ch. 830, title IV, Sec.
402, 403, 49 Stat. 1960; Aug. 8, 1951, ch. 297, 65 Stat. 175; Aug.
8, 1953, ch. 397, Sec. 12, 67 Stat. 515; Aug. 6, 1956, ch. 1021,
Sec. 2, 70 Stat. 1076; Pub. L. 85-673, Sec. 1, Aug. 18, 1958, 72
Stat. 624; Pub. L. 90-630, Sec. 2(b), Oct. 22, 1968, 82 Stat. 1328;
Pub. L. 91-692, Sec. 3(a), Jan. 12, 1971, 84 Stat. 2076; Pub. L.
96-609, title II, Sec. 201(a), Dec. 28, 1980, 94 Stat. 3560; Pub.
L. 98-573, title II, Sec. 202, Oct. 30, 1984, 98 Stat. 2973; Pub.
L. 99-514, title XVIII, Sec. 1888(2), Oct. 22, 1986, 100 Stat.
2924; Pub. L. 100-449, title II, Sec. 204(c)(3), Sept. 28, 1988,
102 Stat. 1862; Pub. L. 101-382, title I, Sec. 134(a)(1), (2),
title III, Sec. 484A(a), Aug. 20, 1990, 104 Stat. 649, 707; Pub. L.
103-182, title II, Sec. 203(b)(3), (c), title VI, Sec. 632(a), Dec.
8, 1993, 107 Stat. 2089, 2092, 2192; Pub. L. 103-465, title IV,
Sec. 404(e)(5)(A), 422(d), Dec. 8, 1994, 108 Stat. 4961, 4965; Pub.
L. 104-295, Sec. 7, 10, 21(e)(4), Oct. 11, 1996, 110 Stat. 3518,
3519, 3530; Pub. L. 106-36, title II, Sec. 2404(a), 2419(a),
2420(a)-(d), June 25, 1999, 113 Stat. 169, 178, 179; Pub. L.
106-476, title I, Sec. 1422(a)(1), (b), 1462(a), Nov. 9, 2000, 114
Stat. 2156, 2172.)
The North American Free Trade Agreement Implementation Act,
referred to in subsec. (n)(1)(A), is Pub. L. 103-182, Dec. 8, 1993,
107 Stat. 2057, as amended. For complete classification of this
Act to the Code, see Short Title note set out under section 3301 of
this title and Tables.
Implementation Act of 1988, referred to in subsecs. (n)(3) and
(o)(2), is section 204 of Pub. L. 100-449, which is set out in a
in subsec. (p)(3)(A)(i), (B), is not set out in the Code. See
Publication of Harmonized Tariff Schedule note set out under
Oct. 3, 1913, ch. 16, Sec. IV, O, 38 Stat. 200, which was
Earlier provisions relating to this subject were made by the
Tariff Acts of Oct. 1, 1890, ch. 1244, Sec. 25, 26 Stat. 617; Aug.
27, 1894, ch. 349, Sec. 22, 28 Stat. 551; July 24, 1897, ch. 11,
Sec. 30, 30 Stat. 211; and Aug. 5, 1909, ch. 6, Sec. 25, 36 Stat.
90, which superseded provisions of a similar nature contained in
R.S. Sec. 3019, 3020, 3026, as amended by act Mar. 10, 1880, ch.
37, 21 Stat. 67, and said sections 3019, 3020, and 3026, were also
repealed by act Sept. 21, 1922, ch. 356, title IV, Sec. 642, 42
The provisions of section IV, O, of the act of 1913, similar to
subdivision (g) of this section concerning materials used in the
construction and equipment of vessels built for foreign account,
superseded a similar provision of act June 26, 1884, ch. 121, Sec.
17, 23 Stat. 57.
The provisions of subsec. (e) of this section concerning imported
salt used in curing fish superseded somewhat similar provisions in
R.S. Sec. 3022, which was repealed by act Sept. 21, 1922, ch. 356,
title IV, Sec. 642, 42 Stat. 989.
Section 642 of the act of Sept. 21, 1922, also repealed sections
3015 to 3026, inclusive, 3028 to 3047, inclusive, and 3049 to 3057,
inclusive of the Revised Statutes, which were concerned with the
subject of drawback.
R.S. Sec. 3048, which was not repealed, read as follows: ''So
much money as may be necessary for the payment of debentures or
drawbacks and allowances which may be authorized and payable, is
hereby appropriated for that purpose out of any money in the
Treasury, to be expended under the direction of the Secretary of
that Department, according to the laws authorizing debentures or
drawbacks and allowances. The collectors of the customs shall be
the disbursing agents to pay such debentures, drawbacks, and
allowances. All debenture certificates issued according to law
shall be received in payment of duties at the customhouse where the
same have been issued, the laws regulating drawbacks having been
complied with.''
Permanent appropriations to pay debentures and other charges
arising from duties, drawbacks, bounties, and allowances were also
contained in R.S. Sec. 3689, incorporated in section 711 of former
Title 31, Money and Finance, prior to repeal effective July 1,
1935, by act June 26, 1934, ch. 756, Sec. 1, 2, 48 Stat. 1225.
2000 - Subsec. (p)(3)(A)(i)(I). Pub. L. 106-476, Sec. 1422(a)(1),
inserted ''2709.00,'' after ''2708,'' and substituted ''and 2902,
and subheadings 2903.21.00, 2909.19.14, 2917.36, 2917.39.04,
2917.39.15, 2926.10.00, 3811.21.00, and 3811.90.00'' for ''2902,
and 2909.19.14''.
Subsec. (p)(3)(B). Pub. L. 106-476, Sec. 1422(b), inserted at end
''If an article is referred to under the same eight-digit
States as the qualified article on January 1, 2000, then whether or
not the article has been reclassified under another eight-digit
classification after January 1, 2000, the article shall be deemed
to be an article that is referred to under the same eight-digit
classification of such Schedule as the qualified article for
purposes of the preceding sentence.''
Subsec. (x). Pub. L. 106-476, Sec. 1462(a), added subsec. (x).
1999 - Subsec. (p)(1). Pub. L. 106-36, Sec. 2420(a), substituted
concluding provisions for former concluding provisions which read
as follows: ''the amount of the duties paid on, or attributable to,
such qualified article shall be refunded as drawback to the
drawback claimant''.
Subsec. (p)(2)(A)(i) to (iii). Pub. L. 106-36, Sec.
2420(b)(1)(A), substituted ''a qualified article'' for ''the
qualified article''.
Subsec. (p)(2)(A)(iv). Pub. L. 106-36, Sec. 2420(b)(1)(B),
substituted ''a qualified article'' for ''an imported qualified
article''.
Subsec. (p)(2)(G). Pub. L. 106-36, Sec. 2420(b)(2), inserted
''transferor,'' after ''importer,''.
Subsec. (p)(3)(A)(i)(I). Pub. L. 106-36, Sec. 2419(a),
substituted ''2902, and 2909.19.14'' for ''and 2902''.
Subsec. (p)(3)(A)(i)(II). Pub. L. 106-36, Sec. 2420(c)(1)(A),
substituted ''the primary forms provided under Note 6 to chapter 39
of the Harmonized Tariff Schedule of the United States'' for
''liquids, pastes, powders, granules, and flakes''.
Subsec. (p)(3)(A)(ii). Pub. L. 106-36, Sec. 2420(c)(1)(B), added
subcl. (III) and concluding provisions.
Subsec. (p)(3)(B). Pub. L. 106-36, Sec. 2420(c)(2), substituted
''article, including an imported, manufactured, substituted, or
exported article,'' for ''exported article''.
Subsec. (p)(3)(C). Pub. L. 106-36, Sec. 2420(c)(3), substituted
''either the qualified article or the exported article.'' for
''such article.''
Subsec. (p)(4)(B). Pub. L. 106-36, Sec. 2420(d), inserted ''had
the claim qualified for drawback under subsection (j) of this
section'' before period at end.
Subsec. (q). Pub. L. 106-36, Sec. 2404(a), designated existing
provisions as par. (1), inserted heading, realigned margins, and
added par. (2).
1996 - Subsec. (j)(2). Pub. L. 104-295, Sec. 21(e)(4)(A),
realigned margins.
Subsec. (r)(3). Pub. L. 104-295, Sec. 7, added par. (3).
Subsec. (s)(2)(B). Pub. L. 104-295, Sec. 10, substituted
''predecessor'' for ''successor'' in two places.
Subsec. (t). Pub. L. 104-295, Sec. 21(e)(4)(B), made technical
amendment to reference in original act which appears as reference
to this chapter.
1994 - Subsec. (w). Pub. L. 103-465, Sec. 422(d), designated
existing provisions as par. (1), inserted heading, and added par.
Pub. L. 103-465, Sec. 404(e)(5)(A), added subsec. (w).
1993 - Subsec. (a). Pub. L. 103-182, Sec. 632(a)(1), inserted
''or destruction under customs supervision'' after ''Upon the
exportation'', ''provided that those articles have not been used
prior to such exportation or destruction,'' after ''use of imported
merchandise,'', and ''or destruction'' after ''refunded upon the
exportation'', and substituted ''by-products produced from imported
wheat'' for ''by-products produced from wheat imported after ninety
days after June 17, 1930''.
Subsec. (b). Pub. L. 103-182, Sec. 632(a)(2), substituted ''any
other merchandise (whether imported or domestic)'' for ''duty-free
or domestic merchandise'', inserted '', or destruction under
customs supervision,'' after ''there shall be allowed upon the
exportation'', substituted ''production of the exported or
destroyed articles'' for ''production of the exported articles'',
inserted '', but only if those articles have not been used prior to
such exportation or destruction'' after ''merchandise used therein
been imported'' and ''or destruction under customs supervision''
after ''but the total amount of drawback allowed upon the
exportation''.
Subsec. (c). Pub. L. 103-182, Sec. 632(a)(3), amended subsec. (c)
generally. Prior to amendment, subsec. (c) read as follows: ''Upon
the exportation of merchandise not conforming to sample or
specifications or shipped without the consent of the consignee upon
which the duties have been paid and which have been entered or
withdrawn for consumption and, within ninety days after release
from customs custody, unless the Secretary authorizes in writing a
longer time, returned to customs custody for exportation, the full
amount of the duties paid upon such merchandise shall be refunded
as drawback, less 1 per centum of such duties.''
Subsec. (j). Pub. L. 103-182, Sec. 203(c)(1), (2), substituted
''Subject to paragraph (4), if'' for ''If'' in par. (2) and added
par. (4). See Construction of 1993 Amendment note below.
Pub. L. 103-182, Sec. 632(a)(4), amended subsec. (j) generally,
substituting present provisions for provisions which authorized
drawbacks for imported merchandise which, upon either exportation
or destruction, was in the same condition as when imported.
Subsec. (l). Pub. L. 103-182, Sec. 632(a)(5), substituted ''the
authority for the electronic submission of drawback entries'' for
''the fixing of a time limit within which drawback entries or
entries for refund under any of the provisions of this section or
section 1309(b) of this title shall be filed and completed,''.
Subsecs. (n), (o). Pub. L. 103-182, Sec. 203(b)(3), amended
subsecs. (n) and (o) generally, substituting present provisions for
provisions which related to, in subsec. (n), drawback-eligible
goods under United States-Canada Free-Trade Agreement
Implementation Act of 1988 and, in subsec. (o), vessels built for
Canadian account or for Government of Canada.
Subsec. (p). Pub. L. 103-182, Sec. 632(a)(6), amended subsec. (p)
generally, substituting present provisions for provisions relating
to substitution of crude petroleum or petroleum derivatives.
Subsecs. (q) to (v). Pub. L. 103-182, Sec. 632(a)(7), added
subsecs. (q) to (v).
1990 - Subsec. (n). Pub. L. 101-382, Sec. 134(a)(1), inserted '',
except an article'' before ''made from'' and substituted comma for
''of 1988'' before ''does not''.
Subsec. (o). Pub. L. 101-382, Sec. 134(a)(2), inserted at end
''This subsection shall apply to vessels delivered to Canadian
account or owner, or to the Government of Canada, on and after
January 1, 1994 (or, if later, the date proclaimed by the President
Agreement Implementation Act of 1988).''
Subsec. (p). Pub. L. 101-382, Sec. 484A(a), added subsec. (p).
1988 - Subsecs. (n), (o). Pub. L. 100-449 added subsecs. (n) and
(o).
1986 - Subsec. (j)(2), (3). Pub. L. 99-514, Sec. 1888(2)(A),
redesignated par. (3) as (2) and redesignated par. (4) relating to
imported packaging material as (3).
Subsec. (j)(4). Pub. L. 99-514, Sec. 1888(2), redesignated par.
(4) relating to imported packaging material as (3) and amended par.
(4) relating to the performing of incidental operations generally.
Prior to amendment, such par. (4) read as follows: ''The performing
of incidental operations (including, but not limited to, testing,
cleaning, repacking, and inspecting) on the imported merchandise
itself, not amounting to manufacture or production for drawback
purposes under the preceding provisions of this section, shall not
be treated as a use of that merchandise for purposes of applying
paragraph (1)(B).''
1984 - Subsec. (j)(2) to (4). Pub. L. 98-573, Sec. 202(1),
redesignated par. (2), relating to the performing of incidental
operations, as (4), and inserted after par. (1) new pars. (3) and
Subsecs. (k) to (m). Pub. L. 98-573, Sec. 202(2), (3), added
subsec. (k) and redesignated former subsecs. (k) and (l) as (l) and
(m), respectively.
1980 - Subsecs. (j) to (l). Pub. L. 96-609, Sec. 201(a), added
subsec. (j) and redesignated former subsecs. (j) and (k) as (k) and
(l), respectively.
1971 - Subsecs. (h) to (k). Pub. L. 91-692 added subsec. (h) and
redesignated former subsecs. (h) to (j) as (i) to (k),
1968 - Subsec. (d). Pub. L. 90-630 permitted, under Treasury
regulations, the drawback of tax with regard to distilled spirits
exported as ships' stores where the stamping, restamping, or
marking is done after the spirits have been removed from the
original bottling plant.
1958 - Subsec. (b). Pub. L. 85-673 substituted ''merchandise''
for ''sugar, or metal, or ore containing metal, or flaxseed or
linseed, or flaxseed or linseed oil, or printing papers coated or
uncoated,'' after ''duty-paid'' and ''allowable had the''.
1956 - Subsec. (b). Act Aug. 6, 1956, inserted ''or printing
papers, coated or uncoated,'' after ''linseed oil,'' wherever
appearing.
1953 - Subsec. (b). Act Aug. 8, 1953, Sec. 12(a), extended from
one year to three years the period during which substitution for
drawback purposes may be made.
Subsec. (c). Act Aug. 8, 1953, Sec. 12(b), extended the period
during which the merchandise can be returned to customs custody for
exportation from thirty days to ninety days or such longer period
as the Secretary of the Treasury may allow; and provided for the
refunding of duties in cases where the merchandise upon which the
duties have been paid was sent to the consignee without his
consent.
Subsec. (h). Act Aug. 8, 1953, Sec. 12(c), substituted reference
to ''this section'' for ''this section or of section 152a of this
title (relating to drawback on shipments to the Philippine
Islands),''; struck out another reference to the Philippine
Islands; and substituted ''five years'' for ''three years''.
Subsec. (i). Act Aug. 8, 1953, Sec. 12(c), broadened the
authority of the Secretary of the Treasury to make such regulations
for the administration of the drawback provisions as may be
1951 - Subsec. (b). Act Aug. 8, 1951, extended the provisions of
such subsection to flaxseed and linseed, and flaxseed and linseed
oil, and omitted ''(or shipment to the Philippine Islands)'' before
''of any such articles''.
1936 - Subsec. (d). Act June 26, 1936, inserted second par.
''Puerto Rico'' substituted in subsec. (j) for ''Porto Rico''
pursuant to act May 17, 1932, which is classified to section 731a
of Title 48, Territories and Insular Possessions.
Pub. L. 106-476, title I, Sec. 1422(a)(2), Nov. 9, 2000, 114
Stat. 2156, provided that: ''The amendments made by paragraph (1)
(amending this section) shall take effect on the date of the
enactment of this Act (Nov. 9, 2000), and shall apply to -
''(A) any drawback claim filed on or after such date of
enactment; and
''(B) any drawback entry filed before such date of enactment if
the liquidation of the entry is not final on such date of
enactment.''
Pub. L. 106-476, title I, Sec. 1462(b), Nov. 9, 2000, 114 Stat.
2173, provided that: ''The amendment made by this section (amending
this section) shall apply to drawback claims filed on or after the
date of the enactment of this Act (Nov. 9, 2000).''
Amendment by title I of Pub. L. 106-476, except as otherwise
provided, applicable with respect to goods entered, or withdrawn
from warehouse, for consumption, on or after the 15th day after
Nov. 9, 2000, see section 1471 of Pub. L. 106-476, set out as a
note under section 58c of this title.
Pub. L. 106-36, title II, Sec. 2404(b), June 25, 1999, 113 Stat.
this section) applies with respect to goods entered, or withdrawn
from warehouse for consumption, on or after the 15th day after the
date of the enactment of this Act (June 25, 1999).''
this Act (June 25, 1999), and shall apply to drawback claims filed
on and after such date.''
Pub. L. 106-36, title II, Sec. 2420(e), June 25, 1999, 113 Stat.
this section) shall take effect as if included in the amendment
made by section 632(a)(6) of the North American Free Trade
Agreement Implementation Act (Pub. L. 103-182, amending this
section). For purposes of section 632(b) of that Act (set out as a
note below), the 3-year requirement set forth in section 313(r) of
the Tariff Act of 1930 (19 U.S.C. 1313(r)) shall not apply to any
drawback claim filed within 6 months after the date of the
enactment of this Act (June 25, 1999) for which that 3-year period
would have expired.''
Section 404(e)(5)(B) of Pub. L. 103-465 provided that: ''The
amendment made by subparagraph (A) (amending this section) shall
take effect on the earlier of the date of entry into force of the
WTO Agreement with respect to the United States (Jan. 1, 1995) or
January 1, 1995.''
Amendment by section 422(d) of Pub. L. 103-465 effective Sept.
13, 1995, see section 422(e) of Pub. L. 103-465, set out as a note
under section 1314i of Title 7, Agriculture.
Amendment by section 203(b)(3) of Pub. L. 103-182 applicable (1)
with respect to exports from the United States to Canada on Jan. 1,
1996, if Canada is a NAFTA country on that date and after such date
for so long as Canada continues to be a NAFTA country and (2) with
respect to exports from the United States to Mexico on Jan. 1,
2001, if Mexico is a NAFTA country on that date and after such date
for so long as Mexico continues to be a NAFTA country, see section
213(c) of Pub. L. 103-182, set out as an Effective Date note under
Amendment by section 203(c) of Pub. L. 103-182 effective on the
date the North American Free Trade Agreement enters into force with
respect to the United States (Jan. 1, 1994), see section 213(b) of
Pub. L. 103-182, set out as an Effective Date note under section
Section 632(b) of Pub. L. 103-182 provided that:
1514) or any other provision of law, the amendment made by
paragraph (6) of subsection (a) (amending this section) shall apply
to -
litigation on the date of the enactment of this Act (Dec. 8,
Amendment by section 484A(a) of Pub. L. 101-382 applicable to
claims filed or liquidated on or after Jan. 1, 1988, and claims
that are unliquidated, under protest, or in litigation on Aug. 20,
1990, see section 484A(c) of Pub. L. 101-382, set out as a note
Amendment by Pub. L. 98-573 effective on 15th day after Oct. 30,
1984, see section 214(a), (b) of Pub. L. 98-573, set out as a note
Section 201(b) of Pub. L. 96-609 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with
respect to articles entered, or withdrawn from warehouse, for
consumption on or after the date of the enactment of this Act (Dec.
28, 1980).''
Section 3(b) of Pub. L. 91-692 provided that: ''The amendments
respect to articles exported on or after the date of the enactment
of this Act (Jan. 12, 1971).''
For effective date of amendment by Pub. L. 90-630, see section 4
of Pub. L. 90-630, set out as a note under section 5008 of Title
26, Internal Revenue Code.
Section 2 of Pub. L. 85-673 provided that: ''The amendment made
by the first section of this Act (amending this section) shall be
effective with respect to articles exported on or after the 30th
day after the date of the enactment of this Act (Aug. 18, 1958).''
CONSTRUCTION OF 1993 AMENDMENT
Amendment by section 203(c) of Pub. L. 103-182 to be made after
amendment by section 632(a) of Pub. L. 103-182 is executed, see
section 212 of Pub. L. 103-182, set out as a note under section 58c
of this title.
Functions of all officers of Department of the Treasury and
Commissioner of Internal Revenue, referred to in this section, is
an officer of Department of the Treasury.
7 section 5676.
Sec. 1313a. Appropriations for refunds, drawbacks, bounties, etc.
There are appropriated such amounts as hereafter may be necessary
for refund or payment of custom collections or receipts, and
payment of debentures or drawbacks, bounties, and allowances, as
authorized by law.
(June 30, 1949, ch. 286, title I, 63 Stat. 360.)
Section was not enacted as part of the Tariff Act of 1930 which
comprises this chapter.
Sec. 1314. Repealed. June 25, 1938, ch. 679, Sec. 35, 52 Stat.
1092, eff. July 25, 1938
Stat. 695, related to reimportation of tax-free exports.
Sec. 1315. Effective date of rates of duty
(a) Articles entered or withdrawn from warehouse for consumption
Except as otherwise specially provided for, the rate or rates of
duty imposed by or pursuant to this chapter or any other law on any
article entered for consumption or withdrawn from warehouse for
consumption shall be the rate or rates in effect when the documents
comprising the entry for consumption or withdrawal from warehouse
for consumption and any estimated or liquidated duties then
required to be paid have been deposited with the Customs Service by
written, electronic or such other means as the Secretary by
regulation shall prescribe, except that -
(1) any article released under an informal mail entry shall be
subject to duty at the rate or rates in effect when the
preparation of the entry is completed;
(2) any article which is not subject to a quantitative or
tariff-rate quota and which is covered by an entry for immediate
transportation made at the port of original importation under
section 1552 of this title, if entered for consumption at the
port designated by the consignee, or his agent, in such
transportation entry without having been taken into the custody
of the appropriate customs officer under section 1490 of this
title, shall be subject to the rate or rates in effect when the
transportation entry was accepted at the port of original
importation; and
(3) any article for which duties may, under section 1505 of
this title, be paid at a time later than the time of making entry
shall be subject to the rate or rates in effect at the time of
entry.
(b) Articles removed from intended place of release
Any article which has been entered for consumption but which,
before release from custody of the Customs Service, is removed from
the port or other place of intended release because of
inaccessibility, overcarriage, strike, act of God, or unforeseen
contingency, shall be subject to duty at the rate or rates in
effect when the entry for consumption and any required duties were
deposited in accordance with subsection (a) of this section, but
only if the article is returned to such port or place within ninety
days after the date of removal and the identity of the article as
that covered by the entry is established in accordance with
regulations prescribed by the Secretary of the Treasury.
(c) Quantity of merchandise at time of importation
Insofar as duties are based upon the quantity of any merchandise,
such duties shall, except as provided in chapter 98 of the
Harmonized Tariff Schedule of the United States and section 1562 of
this title (relating respectively to certain beverages and to
manipulating warehouses), be levied and collected upon the quantity
of such merchandise at the time of its importation.
(d) Effective date of administrative rulings resulting in higher
No administrative ruling resulting in the imposition of a higher
rate of duty or charge than the Secretary of the Treasury shall
find to have been applicable to imported merchandise under an
established and uniform practice shall be effective with respect to
articles entered for consumption or withdrawn from warehouse for
consumption prior to the expiration of thirty days after the date
of publication in the Federal Register of notice of such ruling;
but this provision shall not apply with respect to the imposition
of antidumping duties, or the imposition of countervailing duties
under section 1303 of this title (as in effect on the day before
the effective date of title II of the Uruguay Round Agreements Act)
or section 1671 of this title. This subsection shall not apply
with respect to increases in rates of duty resulting from the
enactment of the Harmonized Tariff Schedule of the United States to
replace the Tariff Schedules of the United States.
Sec. 3(a), 67 Stat. 508; Pub. L. 91-271, title III, Sec. 301(b),
June 2, 1970, 84 Stat. 287; Pub. L. 93-618, title III, Sec. 331(c),
Jan. 3, 1975, 88 Stat. 2053; Pub. L. 95-410, title I, Sec. 101,
title II, Sec. 204, Oct. 3, 1978, 92 Stat. 888, 900; Pub. L. 96-39,
title XI, Sec. 1106(e), July 26, 1979, 93 Stat. 312; Pub. L.
100-418, title I, Sec. 1213(c), Aug. 23, 1988, 102 Stat. 1155; Pub.
L. 103-182, title VI, Sec. 633, Dec. 8, 1993, 107 Stat. 2198; Pub.
L. 103-465, title II, Sec. 261(d)(1)(B)(i), Dec. 8, 1994, 108 Stat.
4909.)
The Harmonized Tariff Schedule of the United States and the
Tariff Schedules of the United States, referred to in subsecs. (c)
and (d), are not set out in the Code. See Publication of Harmonized
Tariff Schedule note set out under section 1202 of this title.
For the effective date of title II of the Uruguay Round
Agreements Act (Pub. L. 103-465), referred to in subsec. (d), as
Jan. 1, 1995, see section 291 of Pub. L. 103-465, set out as an
Effective Date of 1994 Amendment note under section 1671 of this
1994 - Subsec. (d). Pub. L. 103-465 inserted ''(as in effect on
the day before the effective date of title II of the Uruguay Round
Agreements Act) or section 1671 of this title'' after ''section
1303 of this title''.
1993 - Subsec. (a). Pub. L. 103-182, Sec. 633(1), substituted
''Customs Service by written, electronic or such other means as the
Secretary by regulation shall prescribe,'' for ''appropriate
customs officer in the form and manner prescribed by regulations of
the Secretary of the Treasury,'' in introductory provisions.
Subsec. (b). Pub. L. 103-182, Sec. 633(2), substituted ''custody
of the Customs Service'' for ''customs custody''.
Subsec. (c). Pub. L. 103-182, Sec. 633(3), substituted ''chapter
98 of the Harmonized Tariff Schedule of the United States'' for
''paragraph 813''.
1988 - Subsec. (d). Pub. L. 100-418 inserted at end ''This
subsection shall not apply with respect to increases in rates of
duty resulting from the enactment of the Harmonized Tariff Schedule
of the United States to replace the Tariff Schedules of the United
States.''
1979 - Subsec. (d). Pub. L. 96-39 amended directory language of
Pub. L. 93-618, Sec. 331(c), to correct a typographical error, and
did not involve any change in text. See 1975 Amendment note below.
1978 - Subsec. (a)(3). Pub. L. 95-410, Sec. 101, added par. (3).
Subsec. (d). Pub. L. 95-410, Sec. 204, substituted ''publication
in the Federal Register'' for ''publication in the weekly Treasury
Decisions''.
1975 - Subsec. (d). Pub. L. 93-618, as amended by Pub. L. 96-39,
inserted ''or the imposition of countervailing duties under section
1303 of this title'' after ''antidumping duties''.
1970 - Subsec. (a). Pub. L. 91-271 substituted reference to the
appropriate customs officer for reference to the collector.
1953 - Act Aug. 8, 1953, amended section generally by dividing
section into subsections, and by changing the provisions set out as
subsecs. (a) and (b) to clarify such provisions with respect to
effective dates of rates of duty.
1938 - Act June 25, 1938, amended section generally, among which
changes it inserted provisions set out as subsecs. (c) and (d).
Section 261(d)(2) of title II of Pub. L. 103-465 provided that:
''The amendments made by this subsection (amending this section and
sections 1337, 1671, 1677i, 2192, and 2194 of this title and
provisions set out as a note under section 1303 of this title)
shall take effect on the effective date of this title (Jan. 1,
section 1671 of this title).
Section 331(d) of Pub. L. 93-618, as amended by Pub. L. 103-465,
title II, Sec. 261(d)(1)(A)(i), Dec. 8, 1994, 108 Stat. 4909,
provided that:
''(1) The amendments made by this section (amending this section
and sections 1303 and 1516 of this title) shall take effect on the
date of the enactment of this Act (Jan. 3, 1975.)
''(2) For purposes of applying the provisions of section
303(a)(4) of the Tariff Act of 1930 (section 1303(a)(4) of this
title) (as amended by subsection (a)) with respect to any
investigation which was initiated before the date of the enactment
of this Act (Jan. 3, 1975) under section 303 of such Act (as in
effect before such date), such investigation shall be treated as
having been initiated on the day after such date of enactment under
section 303(a)(3)(B) of such Act.''
agencies, and employees, by 1950 Reorg. Plan No. 26, Sec. 1, 2,
Stat. 695, prohibiting the construction of this chapter so as to
abrogate or affect the treaty between the United States and Cuba
concluded on Dec. 11, 1902, was omitted in view of the termination
of such treaty on Aug. 21, 1963 (see note below), and section 401
of Pub. L. 87-456, title IV, May 24, 1962, 76 Stat. 78, set out as
a note under section 1351 of this title. Section 401(d) of Pub. L.
87-456 declares sections 124 and 125 of this title as inapplicable
so long as section 401(a) of Pub. L. 87-456, declaring Cuba as a
nation dominated or controlled by the foreign government or foreign
organization controlling the world communist movement, applies.
TREATY BETWEEN UNITED STATES AND CUBA
The treaty concluded between the United States and the Republic
of Cuba on Dec. 11, 1902, referred to in text, was terminated Aug.
21, 1963, pursuant to notice given by the United States on Aug. 21,
1962. See Bevans, Treaties, and Other International Agreements of
the United States of America, 1776 to 1949, vol. VI, page 1106.
Sec. 1317. Tobacco products; supplies for certain vessels and
(a) Exportation of tobacco products
The shipment or delivery of manufactured tobacco, snuff, cigars,
or cigarettes, for consumption beyond the jurisdiction of the
internal-revenue laws of the United States, as defined by section
2197(a) of title 26, shall be deemed exportation within the meaning
of the customs and internal-revenue laws applicable to the
exportation of such articles without payment of duty or
(b) Exportation of supplies for certain vessels and aircraft
The shipment or delivery of any merchandise for use as supplies
(including equipment) upon, or in the maintenance or repair of any
vessel or aircraft described in subdivision (2) or (3) of section
1309(a) of this title, or for use as ground equipment for any such
aircraft, shall be deemed an exportation within the meaning of the
customs and internal-revenue laws applicable to the exportation of
such merchandise without the payment of duty or internal-revenue
tax. With respect to merchandise for use as ground equipment, such
shipment or delivery shall not be deemed an exportation within the
meaning of the internal-revenue laws relating to taxes other than
those imposed upon or by reason of importation.
25, 1938, ch. 679, Sec. 5(b), 52 Stat. 1081; Aug. 8, 1953, ch. 397,
Sec. 11(b), 67 Stat. 514.)
Section 2197(a) of title 26, referred to in subsec. (a), is a
reference to section 2197(a) of the Internal Revenue Code of 1939,
which was repealed by section 7851 of Title 26, Internal Revenue
1953 - Subsec. (b). Act Aug. 8, 1953, extended to foreign vessels
the exemption from payment of duty and internal revenue tax
theretofore available for supplies used in the maintenance or
repair of aircraft; and provided an exemption for ground equipment
for foreign-flag aircraft from duties and taxes imposed on, by
reason of, importation.
1938 - Act June 25, 1938, amended section catchline, designated
existing provisions as subsec. (a), and added subsec. (b).
REPEALS
Insofar as subsec. (a) of this section related exclusively to
Internal Revenue it was repealed and incorporated as section
2197(b) of the Internal Revenue Code of 1939. See section 4(a) of
enacting sections of Internal Revenue Code of 1939. Section 2197(b)
of I. R. C. 1939 was replaced by section 5704(b) of Title 26,
Internal Revenue Code.
Sec. 1318. Emergencies
(a) Whenever the President shall by proclamation declare an
emergency to exist by reason of a state of war, or otherwise, he
may authorize the Secretary of the Treasury to extend during the
continuance of such emergency the time herein prescribed for the
performance of any act, and may authorize the Secretary of the
Treasury to permit, under such regulations as the Secretary of the
Treasury may prescribe, the importation free of duty of food,
clothing, and medical, surgical, and other supplies for use in
emergency relief work. The Secretary of the Treasury shall report
to the Congress any action taken under the provisions of this
(b)(1) Notwithstanding any other provision of law, the Secretary
of the Treasury, when necessary to respond to a national emergency
declared under the National Emergencies Act (50 U.S.C. 1601 et
seq.) or to a specific threat to human life or national interests,
is authorized to take the following actions on a temporary basis:
(A) Eliminate, consolidate, or relocate any office or port of
entry of the Customs Service.
(B) Modify hours of service, alter services rendered at any
location, or reduce the number of employees at any location.
(C) Take any other action that may be necessary to respond
directly to the national emergency or specific threat.
(2) Notwithstanding any other provision of law, the Commissioner
of Customs, when necessary to respond to a specific threat to human
life or national interests, is authorized to close temporarily any
Customs office or port of entry or take any other lesser action
that may be necessary to respond to the specific threat.
(3) The Secretary of the Treasury or the Commissioner of Customs,
as the case may be, shall notify the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the
Senate not later than 72 hours after taking any action under
paragraph (1) or (2).
107-210, div. A, title III, Sec. 342, Aug. 6, 2002, 116 Stat.
The National Emergencies Act, referred to in subsec. (b)(1), is
Pub. L. 94-412, Sept. 14, 1976, 90 Stat. 1255, as amended, which is
classified principally to chapter 34 (Sec. 1601 et seq.) of Title
50, War and National Defense. For complete classification of this
Title 50 and Tables.
Provisions similar to those in subsec. (a) of this section were
contained in act Sept. 21, 1922, ch. 356, title IV, Sec. 622, 42
Stat. 988, which was superseded by section 318 of the Tariff Act of
1930, comprising this section, and repealed by section 651(a)(1) of
said 1930 Act.
2002 - Pub. L. 107-210 designated existing provisions as subsec.
(a) and added subsec. (b).
Functions of Secretary of the Treasury under this section with
respect to functions transferred to Secretary of Commerce in
sections 1303 and 1671 et seq. of this title by section 5(a)(1)(C)
of Reorg. Plan No. 3 of 1979 transferred to Secretary of Commerce
pursuant to Reorg. Plan No. 3 of 1979, Sec. 5(a)(1)(E), 44 F.R.
69275, 93 Stat. 1381, eff. Jan. 2, 1980, as provided by section
1-107(a) of Ex. Ord. No. 12188, Jan. 2, 1980, 45 F.R. 993, set out
as notes under section 2171 of this title, to be exercised in
consultation with Secretary of the Treasury.
PROC. NO. 2948. MERCHANDISE IN GENERAL-ORDER AND BONDED WAREHOUSES
Proc. No. 2948, Oct. 12, 1951, 16 F.R. 10589, 65 Stat. c41,
provided:
(WHEREAS CLAUSES OMITTED)
NOW, THEREFORE, I, HARRY S. TRUMAN, President of the United
States of America, acting under and by virtue of the authority
vested in me by the foregoing provision of section 318 of the
Tariff Act of 1930 (this section) do hereby authorize the Secretary
of the Treasury, until the termination of the national emergency
proclaimed on December 16, 1950, or until it shall be determined by
the President and declared by his proclamation that such action is
no longer necessary, whichever is earlier:
(1) To extend the one-year period prescribed in section 491,
supra, as amended (section 1491 of this title), for not more than
one year from and after the expiration of such one-year period in
any case in which such period has already expired or shall
hereafter expire during the continuance of the said national
emergency;
(2) To extend the three-year period prescribed in sections 557
and 559, supra, as amended (sections 1557 and 1559 of this title),
for not more than one year from and after the expiration of such
three-year period in any case in which such period has already
expired or shall hereafter expire during the continuance of the
said national emergency; and
(3) To extend further the one-year period prescribed in section
491, supra, as amended (section 1491 of this title), and the
three-year period prescribed in sections 557 and 559, supra, as
amended (sections 1557 and 1559 of this title), for additional
periods of not more than one year each from and after the
expiration of the immediately preceding extension in any case in
which such extension shall expire during the continuance of the
said national emergency:
Provided, however, that in each and every case under numbered
paragraphs (1), (2), and (3) above in which the merchandise is
charged against an entry bond the Secretary of the Treasury shall
require that the principal on such bond, in order to obtain the
benefit of any extension which may be granted under the authority
of this proclamation, shall furnish to the collector of customs at
the port where the bond is on file either the agreement of the
sureties on the bond to remain bound under the terms and conditions
of the bond to the same extent as if no extension had been granted,
or an additional bond with acceptable sureties to cover the period
of extension; and that, in each and every case in which the
merchandise remains charged against a carrier's bond the Secretary
of the Treasury shall require that the principal on such bond shall
agree to the extension and shall furnish to the collector of
customs at the port where the charge was made the agreement of the
of the bond to the same extent as if no extension had been granted;
Provided further, that as a condition to the granting of any
extension or further extension of the periods prescribed in
sections 491, 557, and 559 of the Tariff Act of 1930, supra, as
amended (sections 1491, 1557 and 1559 of this title), under
numbered paragraphs (1), (2), or (3) above the Secretary of the
Treasury may require that there shall be furnished to the collector
of customs in the district in which the warehouse is located, in
connection with the application for such extension, the consent of
the warehouse proprietor to such extension or, in the alternative,
proof of payment of all charges or amounts due or owing to such
warehouse proprietor for the storage or handling of the imported
merchandise; and
Provided further, that the extensions of one year authorized by
this proclamation shall not apply to any case in which the period
sought to be extended expired prior to December 16, 1950, or in
which the merchandise in question has been sold by the Government
as abandoned.
This proclamation supersedes Proclamation No. 2599 of November 4,
1943, as amended by Proclamation No. 2712 of December 3, 1946, but
it shall not be construed (1) as invalidating any action heretofore
taken under the provisions of the said Proclamation No. 2599 or
under the provisions of that proclamation as amended by the said
Proclamation No. 2712, or (2) as imposing the conditions set forth
in the second proviso above upon the granting of extensions for
which applications are pending on the date of this proclamation.
Harry S Truman.
Sec. 1319. Duty on coffee imported into Puerto Rico
The Legislature of Puerto Rico is empowered to impose tariff
duties upon coffee imported into Puerto Rico, including coffee
grown in a foreign country coming into Puerto Rico from the United
States. Such duties shall be collected and accounted for as now
provided by law in the case of duties collected in Puerto Rico.
1932, ch. 190, 47 Stat. 158.)
''Puerto Rico'' substituted in text for ''Porto Rico'' pursuant
to act May 17, 1932, which is classified to section 731a of Title
48, Territories and Insular Possessions.
ACTIONS UNDER CARIBBEAN BASIN ECONOMIC RECOVERY PROGRAM NOT TO
AFFECT PUERTO RICAN DUTIES ON IMPORTED COFFEE
Pub. L. 98-67, title II, Sec. 214(e), Aug. 5, 1983, 97 Stat. 393,
provided that: ''No action pursuant to this title (19 U.S.C. 2701
et seq.) may affect any tariff duty imposed by the Legislature of
Puerto Rico pursuant to section 319 of the Tariff Act of 1930 (19
U.S.C. 1319) on coffee imported into Puerto Rico.''
Sec. 1319a. Duty on coffee; ratification of duties imposed by
Legislature of Puerto Rico
The taxes and duties imposed by the Legislature of Puerto Rico by
Joint Resolution Numbered 59 approved by the Governor of Puerto
Rico May 5, 1930, and by Act Numbered 77 approved by the Governor
of Puerto Rico May 5, 1931, as amended by Act Numbered 7 approved
by the Governor April 9, 1934, including therein such taxes and
duties on coffee brought into Puerto Rico from any State or
Territory or district or possession of the United States, or other
place subject to the jurisdiction of the United States, are
legalized and ratified, and the collection of all such taxes and
duties made under or by authority of either of said acts of the
Puerto Rican Legislature, including such taxes and duties on coffee
brought into Puerto Rico from any State, Territory, district, or
possession of the United States, or other place subject to the
jurisdiction of the United States, is legalized, ratified, and
confirmed as fully to all intents and purposes as if the same had,
by prior Act of Congress, been specifically authorized and
directed.
(June 18, 1934, ch. 604, 48 Stat. 1017; Aug. 20, 1935, ch. 578, 49
Stat. 665.)
Section was not enacted as part of Tariff Act of 1930 which
constitutes this chapter.
1935 - Act Aug. 20, 1935, amended section generally.
Sec. 1320. Repealed. Aug. 8, 1953, ch. 397, Sec. 6(b), 67 Stat. 510
Stat. 696, related to reciprocal agreements covering advertising
EFFECTIVE DATE OF REPEAL; SAVINGS PROVISION
Repeal effective on and after thirtieth day following Aug. 8,
1953, and savings provision, see notes set out under section 1304
Sec. 1321. Administrative exemptions
(a) Disregard of minor discrepancies in collection of taxes and
duties; admission of articles free of duty or tax; limit on
amount of exemption
The Secretary of the Treasury, in order to avoid expense and
inconvenience to the Government disproportionate to the amount of
revenue that would otherwise be collected, is authorized, under
such regulations as he shall prescribe, to -
(1) disregard a difference of an amount specified by the
Secretary by regulation, but not less than $20, between the total
estimated duties, fees, and taxes deposited, or the total duties,
fees, and taxes tentatively assessed, with respect to any entry
of merchandise and the total amount of duties, fees, taxes, and
interest actually accruing thereon;
(2) admit articles free of duty and of any tax imposed on or by
reason of importation, but the aggregate fair retail value in the
country of shipment of articles imported by one person on one day
and exempted from the payment of duty shall not exceed an amount
specified by the Secretary by regulation, but not less than -
(A) $100 in the case of articles sent as bona fide gifts from
persons in foreign countries to persons in the United States
($200 in the case of articles sent as bona fide gifts from
persons in the Virgin Islands, Guam, and American Samoa), or
(B) $200 in the case of articles accompanying, and for the
personal or household use of, persons arriving in the United
States who are not entitled to any exemption from duty under
subheading 9804.00.30, 9804.00.65, or 9804.00.70 of title I of
this Act, (FOOTNOTE 1) or
(FOOTNOTE 1) See References in Text note below.
(C) $200 in any other case.
The privilege of this subdivision (2) shall not be granted in any
case in which merchandise covered by a single order or contract
is forwarded in separate lots to secure the benefit of this
subdivision (2); and
(3) waive the collection of duties, fees, taxes, and interest
due on entered merchandise when such duties, fees, taxes, or
interest are less than $20 or such greater amount as may be
specified by the Secretary by regulation.
(b) Reduction or modification of exemption
The Secretary of the Treasury is authorized by regulations to
prescribe exceptions to any exemption provided for in subsection
(a) of this section whenever he finds that such action is
consistent with the purpose of subsection (a) of this section or is
necessary for any reason to protect the revenue or to prevent
unlawful importations.
(June 17, 1930, ch. 497, title III, Sec. 321, as added June 25,
1938, ch. 679, Sec. 7, 52 Stat. 1081; amended Aug. 8, 1953, ch.
397, Sec. 13, 67 Stat. 515; Pub. L. 87-261, Sec. 2(c), Sept. 21,
1961, 75 Stat. 541; Pub. L. 89-62, Sec. 2, June 30, 1965, 79 Stat.
208; Pub. L. 93-618, title VI, Sec. 610(a), Jan. 3, 1975, 88 Stat.
2075; Pub. L. 95-410, title II, Sec. 205, Oct. 3, 1978, 92 Stat.
900; Pub. L. 97-446, title I, Sec. 115(b), Jan. 12, 1983, 96 Stat.
2335; Pub. L. 100-418, title I, Sec. 1214(h)(2), Aug. 23, 1988, 102
Stat. 1157; Pub. L. 103-182, title VI, Sec. 651, Dec. 8, 1993, 107
Stat. 2209; Pub. L. 104-295, Sec. 3(a)(8), (12), Oct. 11, 1996, 110
Title I of this Act, referred to in subsec. (a)(2)(B), means
title I of act June 17, 1930, as amended, which contained the
Tariff Schedules of the United States and which formerly were set
out under section 1202 of this title. The Tariff Schedules of the
United States were replaced by the Harmonized Tariff Schedule of
the United States. See Publication of Harmonized Tariff Schedule
note set out under section 1202 of this title.
1996 - Subsec. (a)(1). Pub. L. 104-295, Sec. 3(a)(12)(A),
substituted ''duties, fees, taxes, and interest actually accruing''
for ''duties, fees, and taxes actually accruing''.
Subsec. (a)(2)(B). Pub. L. 104-295, Sec. 3(a)(8), inserted '',
9804.00.65,'' after ''9804.00.30''.
Subsec. (a)(3). Pub. L. 104-295, Sec. 3(a)(12)(B), substituted
''taxes, and interest'' for ''and taxes'' and ''taxes, or
interest'' for ''or taxes''.
1993 - Subsec. (a)(1). Pub. L. 103-182, Sec. 651(1), substituted
''of an amount specified by the Secretary by regulation, but not
less than $20,'' for ''of less than $10'', inserted '', fees,''
after ''duties'' wherever appearing, and struck out ''and'' at end.
Subsec. (a)(2). Pub. L. 103-182, Sec. 651(2), substituted ''shall
not exceed an amount specified by the Secretary by regulation, but
not less than - '' for ''shall not exceed - '' in introductory
provisions, substituted ''$100'' and ''$200'' for ''$50'' and
''$100'', respectively, in subpar. (A), substituted ''$200'' for
''$25'' in subpar. (B), substituted ''$200'' for ''$5'' in subpar.
(C), and substituted ''; and'' for period at end.
Subsec. (a)(3). Pub. L. 103-182, Sec. 651(3), added par. (3).
Subsec. (b). Pub. L. 103-182, Sec. 651(4), struck out ''to
diminish any dollar amount specified in subsection (a) of this
section and'' after ''authorized by regulations'' and substituted
''subsection (a) of this section'' for ''such subsection'' in two
1988 - Subsec. (a)(2)(B). Pub. L. 100-418 substituted
''subheading 9804.00.30 or 9804.00.70'' for ''item 812.25 or
813.31''.
1983 - Subsec. (a)(2)(A). Pub. L. 97-446 substituted ''$50'' for
''$25'' and ''$100'' for ''$40''.
1978 - Subsec. (a)(1). Pub. L. 95-410, Sec. 205(a), substituted
''$10'' for ''$3'' and ''duties and taxes'' for ''duties or taxes''
in three places.
Subsec. (a)(2). Pub. L. 95-410, Sec. 205(b)(1)-(3), substituted
in: subpar. (A), ''$25'' and ''$40'' for ''$10'' and ''$20'';
subpar. (B), ''$25'' for ''$10''; and subpar. (C), ''$5'' for
''$1''.
1975 - Subsec. (a)(2)(A). Pub. L. 93-618 inserted ''($20, in the
case of articles sent as bona fide gifts from persons in the Virgin
Islands, Guam, and American Samoa)'' after ''United States''.
1965 - Subsec. (a)(2). Pub. L. 89-62 substituted ''fair retail
value in the country of shipment'' for ''value'' in the material
preceding subpar. (A) and ''item 812.25 or 813.31 of section 1202
of this title'' for ''paragraph 1798(b)(2) or (c)(2) of section
1201 of this title'' in subpar. (B).
1961 - Subsec. (a). Pub. L. 87-261 inserted ''(b)(2) or'' after
''paragraph 1798''.
1953 - Act Aug. 8, 1953, (1) divided section into subsections;
(2) increased from $1 to $3 the difference between deposited or
assessed duties and actual duties which may be disregarded by the
collector; (3) permitted free entry of bona fide gifts from persons
outside the United States up to $10; (4) allowed persons to bring
with them articles up to $10 in value for their personal use; (5)
continued to allow free entry up to $1 in other cases; and (6)
enabled the Secretary of the Treasury to reduce these amounts if he
found such action necessary to protect the revenue.
Section 3(b) of Pub. L. 104-295 provided that: ''The amendments
made by this section (amending this section and sections 1401,
1431, 1504, 1508, 1509, 1515, 1592, and 1631 of this title and
repealing section 1707 of this title) shall apply as of December 8,
1993.''
Section 115(c) of Pub. L. 97-446 provided that: ''The amendments
made by this section (amending the Tariff Schedules and this
section) shall apply with respect to returning residents of the
United States who arrive in the United States on or after the 15th
day after the date of the enactment of this Act (Jan. 12, 1983).''
Section 610(b) of Pub. L. 93-618 provided that: ''The amendment
consumption after the date of enactment of this Act (Jan. 3,
Section 4 of Pub. L. 89-62 provided in part that: ''The
amendments made by section 2 (amending this section) shall apply
with respect to articles arriving in the United States on or after
October 1, 1965.''
Section 2(d) of Pub. L. 87-261 provided that: ''The amendments
made by subsections (a), (b), and (c) (amending this section and
former section 1201 of this title) shall apply with respect to
persons arriving in the United States on or after the 30th day
after the date of the enactment of this Act (Sept. 21, 1961).''
Section effective on thirtieth day following June 25, 1938,
except as otherwise specifically provided, see section 37 of act
June 25, 1938, set out as an Effective Date of 1938 Amendment note
Sec. 1322. International traffic and rescue work; United
States-Mexico Boundary Treaty of 1970
(a) Vehicles and other instruments of international traffic except
Vehicles and other instruments of international traffic, of any
class specified by the Secretary of the Treasury, shall be excepted
from the application of the customs laws to such extent and subject
to such terms and conditions as may be prescribed in regulations or
instructions of the Secretary of the Treasury. The authority
delegated to the Secretary by this subsection shall not extend to
communications satellites and components and parts thereof.
(b) Rescue and relief equipment; personal property related to use
of land under United States-Mexico Boundary Treaty of 1970;
forfeit of articles to United States
The Secretary of the Treasury may provide by regulation or
instruction for the admission, without entry and without the
payment of any duty or tax imposed upon or by reason of
importation, of -
(1) aircraft, equipment, supplies, and spare parts for use in
searches, rescues, investigations, repairs, and salvage in
connection with accidental damage to aircraft;
(2) fire-fighting and rescue and relief equipment and supplies
for emergent temporary use in connection with conflagrations;
(3) rescue and relief equipment and supplies for emergent
temporary use in connection with floods and other disasters; and
(4) personal property related to the use and enjoyment of a
separated tract of land as described in article III of the Treaty
To Resolve Pending Boundary Differences and Maintain the Rio
Grande and Colorado Rivers as the International Boundary between
the United States of America and the United Mexican States signed
on November 23, 1970.
Any articles admitted under the authority of this subsection and
used otherwise than for a purpose herein expressed, or not exported
in such time and manner as may be prescribed in the regulations or
instructions herein authorized, shall be forfeited to the United
(June 17, 1930, ch. 497, title III, Sec. 322, as added Aug. 8,
1953, ch. 397, Sec. 14, 67 Stat. 516; amended Pub. L. 92-549, title
I, Sec. 107, Oct. 25, 1972, 86 Stat. 1162; Pub. L. 98-573, title I,
Sec. 124(c), 127(b), Oct. 30, 1984, 98 Stat. 2959.)
The customs laws, referred to in subsec. (a), are classified
generally to this title.
1984 - Subsec. (a). Pub. L. 98-573, Sec. 127(b), substituted
''excepted'' for ''granted the customary exceptions''.
Pub. L. 98-573, Sec. 124(c), inserted ''The authority delegated
to the Secretary by this subsection shall not extend to
communications satellites and components and parts thereof.''
1972 - Pub. L. 92-549, Sec. 107(a), inserted ''United
States-Mexico Boundary Treaty of 1970'' in section catchline.
Subsec. (b)(4). Pub. L. 92-549, Sec. 107(b), added cl. (4).
Section 195(a), (b), (d) of Pub. L. 98-573 provided that:
''(a) Except as provided in section 126 and in subsections (b)
and (c), the amendments made by subtitles B, C, and D (amending
this section and sections 1202 and 1504 of this title) shall apply
with respect to articles entered on or after the 15th day after the
''(b)(1) The amendment made by sections 117 and 124 (amending
this section) shall apply with respect to articles entered on or
after January 1, 1985.
shall apply with respect to articles entered on or after a date to
be proclaimed by the President which shall be consonant with the
entering into force for the United States of the Customs Convention
on Containers, 1972.
''(d) For purposes of this section -
''(1) The term 'entered' means entered, or withdrawn from
warehouse for consumption in the customs territory of the United
''(2) The term 'entry' includes any withdrawal from
warehouse.''
Section effective on and after thirtieth day following Aug. 8,
1953, see note set out under section 1304 of this title.
This section is referred to in title 46 App. section 883.
Sec. 1323. Conservation of fishery resources
Upon the convocation of a conference on the use or conservation
of international fishery resources, the President shall, by all
appropriate means at his disposal, seek to persuade countries whose
domestic fishing practices or policies affect such resources, to
engage in negotiations in good faith relating to the use or
conservation of such resources. If, after such efforts by the
President and by other countries which have agreed to engage in
such negotiations, any other country whose conservation practices
or policies affect the interests of the United States and such
other countries, has, in the judgment of the President, failed or
refused to engage in such negotiations in good faith, the President
may, if he is satisfied that such action is likely to be effective
in inducing such country to engage in such negotiations in good
faith, increase the rate of duty on any fish (in any form) which is
the product of such country, for such time as he deems necessary,
to a rate not more than 50 percent above the rate existing on July
87-794, title II, Sec. 257(i), Oct. 11, 1962, 76 Stat. 883.)
19 USC Part II - United States International Trade
Commission 01/06/03
Sec. 1330. Organization of Commission
(a) Membership
The United States International Trade Commission (referred to in
this subtitle as the ''Commission'') shall be composed of six
commissioners who shall be appointed by the President, by and with
the advice and consent of the Senate. No person shall be eligible
for appointment as a commissioner unless he is a citizen of the
United States, and, in the judgment of the President, is possessed
of qualifications requisite for developing expert knowledge of
international trade problems and efficiency in administering the
duties and functions of the Commission. A person who has served as
a commissioner for more than 5 years (excluding service as a
commissioner before January 3, 1975) shall not be eligible for
reappointment as a commissioner. Not more than three of the
commissioners shall be members of the same political party, and in
making appointments members of different political parties shall be
appointed alternately as nearly as may be practicable.
(b) Terms of office
The terms of office of the commissioners holding office on
January 3, 1975, which (but for this sentence) would expire on June
16, 1975, June 16, 1976, June 16, 1977, June 16, 1978, June 16,
1979, and June 16, 1980, shall expire on December 16, 1976, June
16, 1978, December 16, 1979, June 16, 1981, December 16, 1982, and
June 16, 1984, respectively. The term of office of each
commissioner appointed after such date shall expire 9 years from
the date of the expiration of the term for which his predecessor
was appointed, except that -
(1) any commissioner appointed to fill a vacancy occurring
prior to the expiration of the term for which his predecessor was
appointed shall be appointed for the remainder of such term, and
(2) any commissioner may continue to serve as a commissioner
after an expiration of his term of office until his successor is
appointed and qualified.
(c) Chairman and vice chairman; quorum
(1) The chairman and the vice chairman of the Commission shall be
designated by the President from among the members of the
Commission not ineligible, under paragraph (3), for designation.
The President shall notify the Congress of his designations under
this paragraph. If, as of the date on which a term begins under
paragraph (2), the President has not designated the chairman of the
Commission for such term, the Commissioner (FOOTNOTE 1) who, as of
such date -
(A) is a member of a different political party than the
chairman of the Commission for the immediately preceding term,
(B) has the longest period of continuous service as a
commissioner,
shall serve as chairman of the Commission for the portion of such
term preceding the date on which an individual designated by the
President takes office as chairman.
(2) After June 16, 1978, the terms of office for the chairman and
vice chairman of the Commission shall be as follows:
(A) The first term of office occurring after such date shall
begin on June 17, 1978, and end at the close of June 16, 1980.
(B) Each term of office thereafter shall begin on the day after
the closing date of the immediately preceding term of office and
end at the close of the 2-year period beginning on such day.
(3)(A) The President may not designate as the chairman of the
Commission for any term any commissioner who is a member of the
political party of which the chairman of the Commission for the
immediately preceding term is a member, or who has less than 1 year
of continuous service as a commissioner as of the date such
designation is being made.
(B) The President may not designate as the vice chairman of the
political party of which the chairman for that term is a member.
(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).
(4) The vice chairman shall act as chairman in case of the
absence or disability of the chairman. During any period in which
there is no chairman or vice chairman, the commissioner having the
longest period of continuous service as a commissioner shall act as
chairman.
(5) No commissioner shall actively engage in any business,
vocation, or employment other than that of serving as a
commissioner.
(6) A majority of the commissioners in office shall constitute a
quorum, but the Commission may function notwithstanding vacancies.
(d) Effect of divided vote in certain cases
(1) In a proceeding in which the Commission is required to
determine -
(A) under section 2252 of this title, whether increased imports
of an article are a substantial cause of serious injury, or the
threat thereof, as described in subsection (b)(1) of that section
(hereafter in this subsection referred to as ''serious injury''),
(B) under section 2436 of this title, whether market disruption
and the commissioners voting are equally divided with respect to
such determination, then the determination, agreed upon by either
group of commissioners may be considered by the President as the
determination of the Commission.
(2) If under section 2252(b) or 2436 of this title there is an
affirmative determination of the Commission, or a determination of
the Commission which the President may consider an affirmative
determination under paragraph (1), that serious injury or market
disruption exists, respectively, and a majority of the
commissioners voting are unable to agree on a finding or
recommendation described in section 2252(e)(1) of this title or the
finding described in section 2436(a)(3) of this title, as the case
may be (hereafter in this subsection referred to as a ''remedy
finding''), then -
(A) if a plurality of not less than three commissioners so
voting agree on a remedy finding, such remedy finding shall, for
purposes of section 2253 of this title, be treated as the remedy
finding of the Commission, or
(B) if two groups, both of which include not less than 3
commissioners, each agree upon a remedy finding and the President
reports under section 2254(a) of this title that -
(i) he is taking the action agreed upon by one such group,
then the remedy finding agreed upon by the other group shall,
for purposes of section 2253 of this title, be treated as the
remedy finding of the Commission, or
(ii) he is taking action which differs from the action agreed
upon by both such groups, or that he will not take any action,
then the remedy finding agreed upon by either such group may be
considered by the Congress as the remedy finding of the
Commission and shall, for purposes of section 2253 of this
title, be treated as the remedy finding of the Commission.
(3) In any proceeding to which paragraph (1) applies in which the
commissioners voting are equally divided on a determination that
serious injury exists, or that market disruption exists, the
Commission shall report to the President the determination of each
group of commissioners. In any proceeding to which paragraph (2)
applies, the Commission shall report to the President the remedy
finding of each group of commissioners voting.
(4) In a case to which paragraph (2)(B)(ii) applies, for purposes
of section 2253(a) of this title, notwithstanding section
2192(a)(1)(A) of this title, the second blank space in the joint
resolution described in such section 2192(a)(1)(A) of this title
shall be filled with the appropriate date and the following: ''The
action which shall take effect under section 203(a) of the Trade
Act of 1974 is the finding or recommendation agreed upon by
Commissioners _ _ _ _ _ _ _, _ _ _ _ _ _ _, and _ _ _ _ _ _.'' The
three blank spaces shall be filled with the names of the
appropriate Commissioners.
(5) Whenever, in any case in which the Commission is authorized
to make an investigation upon its own motion, upon complaint, or
upon application of any interested party, one-half of the number of
commissioners voting agree that the investigation should be made,
such investigation shall thereupon be carried out in accordance
with the statutory authority covering the matter in question.
Whenever the Commission is authorized to hold hearings in the
course of any investigation and one-half of the number of
commissioners voting agree that hearings should be held, such
hearings shall thereupon be held in accordance with the statutory
authority covering the matter in question.
(e) Authorization of appropriations
(1) For the fiscal year beginning October 1, 1976, and each
fiscal year thereafter, there are authorized to be appropriated to
the Commission only such sums as may hereafter be provided by law.
(2)(A) There are authorized to be appropriated to the Commission
for necessary expenses (including the rental of conference rooms in
the District of Columbia and elsewhere) not to exceed the
(i) $54,000,000 for fiscal year 2003.
(ii) $57,240,000 for fiscal year 2004.
(B) Not to exceed $2,500 of the amount authorized to be
appropriated for any fiscal year under subparagraph (A) may be
used, subject to the approval of the Chairman of the Commission,
for reception and entertainment expenses.
(C) No part of any sum that is appropriated under the authority
of subparagraph (A) may be used by the Commission in the making of
any special study, investigation, or report that is requested by
any agency of the executive branch unless that agency reimburses
the Commission for the cost thereof.
(3) There are authorized to be appropriated to the Commission for
each fiscal year after September 30, 1977, in addition to any other
amount authorized to be appropriated for such fiscal year, such
sums as may be necessary for increases authorized by law in salary,
pay, retirement, and other employee benefits.
(4) By not later than the date on which the President submits to
Congress the budget of the United States Government for a fiscal
year, the Commission shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on Finance
of the Senate the projected amount of funds for the succeeding
fiscal year that will be necessary for the Commission to carry out
its functions.
(f) Treatment of Commission under Paperwork Reduction Act
The Commission shall be considered to be an independent
regulatory agency for purposes of chapter 35 of title 44.
(June 17, 1930, ch. 497, title III, Sec. 330, 46 Stat. 696; Aug. 7,
1953, ch. 348, title II, Sec. 201, 67 Stat. 472; Pub. L. 93-618,
title I, Sec. 172(a), (b), 175(b), Jan. 3, 1975, 88 Stat.
2009-2011; Pub. L. 94-455, title XVIII, Sec. 1801(a), (b), Oct. 4,
1976, 90 Stat. 1762; Pub. L. 95-106, Sec. 1, 2(a), Aug. 17, 1977,
91 Stat. 867; Pub. L. 95-430, Oct. 10, 1978, 92 Stat. 1020; Pub. L.
97-456, Sec. 1(a), Jan. 12, 1983, 96 Stat. 2503; Pub. L. 98-573,
title II, Sec. 248(c), title VII, Sec. 701, Oct. 30, 1984, 98 Stat.
2998, 3043; Pub. L. 99-272, title XIII, Sec. 13021, Apr. 7, 1986,
100 Stat. 305; Pub. L. 100-203, title IX, Sec. 9502, Dec. 22, 1987,
101 Stat. 1330-380; Pub. L. 100-418, title I, Sec. 1401(b)(4),
1611, 1612, Aug. 23, 1988, 102 Stat. 1240, 1262; Pub. L. 100-647,
title IX, Sec. 9001(a)(15), Nov. 10, 1988, 102 Stat. 3808; Pub. L.
101-207, Sec. 2, Dec. 7, 1989, 103 Stat. 1833; Pub. L. 101-382,
title I, Sec. 101, Aug. 20, 1990, 104 Stat. 633; Pub. L. 102-185,
Sec. 1(a)(1), (2), (c)(1), Dec. 4, 1991, 105 Stat. 1280; Pub. L.
Section 203(a) of the Trade Act of 1974, referred to in subsec.
(d)(4), is classified to section 2253(a) of this title.
Provisions of subsec. (c) which prescribed the annual basic
compensation of the commissioners were omitted to conform to the
provisions of the Executive Schedule. See sections 5314 and 5315 of
Title 5, Government Organization and Employees.
Sept. 8, 1916, ch. 463, Sec. 700, 39 Stat. 795. That section was
superseded by section 330 of act June 17, 1930, comprising this
2002 - Subsec. (e)(2)(A)(i). Pub. L. 107-210, Sec. 371(a)(1),
added cl. (i) and struck out former cl. (i) which read as follows:
''$41,170,000 for fiscal year 1991.''
Subsec. (e)(2)(A)(ii). Pub. L. 107-210, Sec. 371(a)(2), added cl.
(ii) and struck out former cl. (ii) which read as follows:
Subsec. (e)(4). Pub. L. 107-210, Sec. 371(b), added par. (4).
1991 - Subsec. (c)(1). Pub. L. 102-185, Sec. 1(c)(1), inserted at
end ''If, as of the date on which a term begins under paragraph
(2), the President has not designated the chairman of the
Commission for such term, the Commissioner who, as of such date -
''(A) is a member of a different political party than the
''(B) has the longest period of continuous service as a
President takes office as chairman.''
Subsec. (c)(3)(A). Pub. L. 102-185, Sec. 1(a)(2)(A), inserted '',
or who has less than 1 year of continuous service as a commissioner
as of the date such designation is being made'' before the period.
Pub. L. 102-185, Sec. 1(a)(1)(A), amended subpar. (A) generally.
Prior to amendment, subpar. (A) read as follows: ''The President
may not designate as the chairman of the Commission for any term -
''(i) either of the two commissioners with the shortest period
of service on the Commission as of the beginning date of the term
of office for which the designation of chairman is to be made; or
''(ii) any commissioner who is a member of the political party
of which the chairman of the Commission for the immediately
preceding term is a member.''
Subsec. (c)(3)(C). Pub. L. 102-185, Sec. 1(a)(2)(B), inserted at
end ''Designation of a chairman under this subparagraph may be made
subparagraph (A).''
Pub. L. 102-185, Sec. 1(a)(1)(B), struck out at end ''Designation
of a chairman under this subparagraph may be made without regard to
the limitation set forth in subparagraph (A)(i).''
1990 - Subsec. (e)(2). Pub. L. 101-382 amended par. (2)
generally. Prior to amendment, par. (2) read as follows: ''There
are authorized to be appropriated to the Commission for necessary
expenses (including the rental of conference rooms in the District
of Columbia and elsewhere) for fiscal year 1990 not to exceed
$39,943,000; of which not to exceed $2,500 may be used, subject to
approval by the Chairman of the Commission, for reception and
entertainment expenses. No part of any sum that is appropriated
under the authority of this paragraph may be used by the Commission
for the making of any special study, investigation, or report that
is requested by any agency of the executive branch unless that
agency reimburses the Commission for the cost thereof.''
1989 - Subsec. (e)(2). Pub. L. 101-207 substituted ''1990'' for
''1988'' and ''$39,943,000'' for ''$35,386,000''.
1988 - Subsec. (c)(3)(A)(i). Pub. L. 100-647 substituted ''with
the shortest period of service on'' for ''most recently appointed
to''.
Pub. L. 100-418, Sec. 1611, which directed that subsec. (c)(A)(i)
of this section be amended by substituting ''with the shortest
period of service on'' for ''most recently appointed to'', was
probably intended to be an amendment to subsec. (c)(3)(A)(i). See
amendment by Pub. L. 100-647 above.
Subsec. (d)(1)(A). Pub. L. 100-418, Sec. 1401(b)(4)(A),
substituted ''2252'' for ''2251''.
Subsec. (d)(2). Pub. L. 100-418, Sec. 1401(b)(4)(B)(i), (iii), in
introductory provisions substituted ''2252(b)'' and ''2252(e)(1)''
for ''2251'' and ''2251(d)(1)'', respectively.
Subsec. (d)(2)(A). Pub. L. 100-418, Sec. 1401(b)(4)(B)(iv),
substituted ''section 2253 of this title'' for ''sections 2252 and
Subsec. (d)(2)(B). Pub. L. 100-418, Sec. 1401(b)(4)(B)(iv), (v),
in introductory provisions substituted ''section 2254(a) of this
title'' for ''section 2253(b) of this title'' and, in cls. (i) and
(ii), substituted ''section 2253 of this title'' for ''sections
2252 and 2253 of this title''.
Subsec. (d)(4). Pub. L. 100-418, Sec. 1401(b)(4)(C), substituted
''section 2253(a) of this title'' for ''section 2253(c)(1) of this
title'' and ''section 203(a) of the Trade Act of 1974'' for
''section 203(c)(1) of the Trade Act of 1974''.
Subsec. (f). Pub. L. 100-418, Sec. 1612, added subsec. (f).
1987 - Subsec. (e)(2). Pub. L. 100-203 substituted ''for fiscal
year 1988 not to exceed $35,386,000'' for ''fiscal year 1986 not to
exceed $28,901,000''.
1986 - Subsec. (e)(2). Pub. L. 99-272 amended first sentence
generally, substituting ''for fiscal year 1986 not to exceed
$28,901,000'' for ''for fiscal year 1985 not to exceed
$28,410,000''.
1984 - Subsec. (d)(4). Pub. L. 98-573, Sec. 248(c), substituted
''the joint resolution described in such section 2192(a)(1)(A)''
for ''the concurrent resolution described in such section 2192''.
Subsec. (e)(2). Pub. L. 98-573, Sec. 701, substituted
authorization of appropriation of not more than $28,410,000 for
fiscal year 1985 for necessary expenses, including the rental of
conference rooms in the District of Columbia and elsewhere for
provision authorizing appropriation of not more than $19,737,000
for necessary expenses for fiscal year 1983, and inserted provision
that not more than $2,500 may be used, subject to approval by the
Chairman of the Commission, for reception and entertainment
1983 - Subsec. (e)(2). Pub. L. 97-456 substituted authorization
of appropriation of not exceeding $19,737,000 for fiscal 1983 for
authorization not exceeding $12,963,000 for fiscal 1979, and
inserted provision relating to reimbursement by agencies of the
executive branch for studies requested by them.
1978 - Subsec. (e)(2). Pub. L. 95-430 substituted provisions
authorizing $12,963,000 to be appropriated for the necessary
expenses of the Commission for fiscal year 1979 for provisions
authorizing $11,522,000 to be appropriated for similar expenses for
fiscal year 1978.
1977 - Subsec. (c). Pub. L. 95-106, Sec. 2(a), inserted
provisions in par. (1) for the Congressional notification of
Presidential designations, substituted, in par. (2), provisions
covering the expiration of terms of office after June 16, 1978, for
provisions covering the expiration of terms of office on and after
June 17, 1975, added par. (3), and redesignated as pars. (4) to (6)
provisions formerly contained in par. (1).
Subsec. (e). Pub. L. 95-106, Sec. 1, designated existing
provisions as par. (1) and added pars. (2) and (3).
1976 - Subsec. (b). Pub. L. 94-455, Sec. 1801(a), inserted
provisions that any commissioner may continue to serve as a
commissioner after an expiration of his term of office until his
successor is appointed and qualified.
Subsec. (d)(1). Pub. L. 94-455, Sec. 1801(b)(2), substituted
provisions relating to consideration by the President of
determinations of the Commission as to whether increased imports of
an article are a substantial cause of serious injury or threat or
whether market disruption exists for provisions relating to
consideration by the President of findings of the Commission in
connection with any authority conferred upon the President by law
to make changes in import restrictions.
Subsec. (d)(2) to (5). Pub. L. 94-455, Sec. 1801(b), added pars.
(2) to (4) and redesignated former par. (2) as (5).
1975 - Subsec. (a). Pub. L. 93-618, Sec. 172(a), substituted
''United States International Trade Commission'' for ''United
States Tariff Commission'' and inserted provision that a person who
has served as a commissioner for more than five years (excluding
service as a commissioner before January 3, 1975) shall not be
eligible for reappointment as a commissioner.
Subsec. (b). Pub. L. 93-618, Sec. 172(a), lengthened the term of
office from 6 years to 9 years for commissioners appointed after
Jan. 3, 1975, and substituted Dec. 16, 1976, June 16, 1978, Dec.
16, 1979, June 16, 1981, Dec. 16, 1982, and June 16, 1984, for June
1979, and June 16, 1980, respectively, as the expiration dates for
the terms of office of commissioners serving on Jan. 3, 1975.
Subsec. (c). Pub. L. 93-618, Sec. 172(b), designated existing
provisions as par. (1), inserted ''Except as provided in paragraph
(2),'' before ''The'', and added par. (2).
Subsec. (e). Pub. L. 93-618, Sec. 175(b), added subsec. (e).
1953 - Subsec. (d). Act Aug. 7, 1953, added subsec. (d).
Section 1(a)(3) of Pub. L. 102-185 provided that:
''(A) Modification. - The amendments made by paragraph (1)
(amending this section) shall apply to terms beginning on and after
''(B) 1-year requirement. - The amendments made by paragraph (2)
June 17, 1996.''
Section 1(c)(2) of Pub. L. 102-185 provided that: ''The amendment
made by this subsection (amending this section) shall take effect
on the 10th day following the date of the enactment of this Act
(Dec. 4, 1991).''
EFFECTIVE DATE OF 1988 AMENDMENTS
Amendment by Pub. L. 100-647 applicable as if such amendment took
effect on Aug. 23, 1988, see section 9001(b) of Pub. L. 100-647,
set out as an Effective and Termination Dates of 1988 Amendments
Amendment by section 1401(b)(4) of Pub. L. 100-418 effective Aug.
23, 1988, and applicable with respect to investigations initiated
under part 1 (Sec. 2251 et seq.) of subchapter II of chapter 12 of
this title on or after that date, see section 1401(c) of Pub. L.
100-418, set out as a note under section 2251 of this title.
Amendment by section 248(c) of Pub. L. 98-573 effective on 15th
day after Oct. 30, 1984, see section 214(a), (b) of Pub. L. 98-573,
set out as a note under section 1304 of this title.
made by this section (amending this section) shall apply with
respect to the designation of chairmen and vice chairmen of the
United States International Trade Commission for terms beginning
after June 16, 1978.''
Section 1801(c) of Pub. L. 94-455 provided that: ''The amendments
made by subsection (b) (amending this section) shall apply to
determinations, findings, and recommendations made under sections
201 and 406 of the Trade Act of 1974 (sections 2251 and 2436 of
this title) after the date of the enactment of this Act (Oct. 4,
APPOINTMENT OF CHAIRMAN IN 1992
Section 1(b) of Pub. L. 102-185 provided that: ''In the case of
the term of the chairman of the United States International Trade
Commission beginning June 17, 1992 -
''(1) section 330(c)(3)(A) of the Tariff Act of 1930 (19 U.S.C.
1330(c)(3)(A)) shall not apply, and
''(2) the President shall designate as chairman a Commissioner
who is a member of the same political party as the chairman of
the Commission serving on June 16, 1986.''
This section is referred to in sections 2231, 2253, 3353, 3371 of
Sec. 1331. General powers
(a) Administration
(1)(A) Except as provided in paragraph (2), the chairman of the
Commission shall -
(i) appoint and fix the compensation of such employees of the
Commission as he deems necessary (other than the personal staff
of each commissioner), including the secretary,
(ii) procure the services of experts and consultants in
accordance with the provisions of section 3109 of title 5, and
(iii) exercise and be responsible for all other administrative
functions of the Commission.
(B) The chairman of the Commission may accept, hold, administer,
and utilize gifts, devises, and bequests of property, both real and
personal, for the purpose of aiding or facilitating the work of the
Commission.
(C) Any decision by the chairman under subparagraph (A) or (B)
shall be subject to disapproval by a majority vote of all the
commissioners in office.
(2) Subject to approval by a majority vote of all the
commissioners in office, the chairman may -
(A) terminate the employment of any supervisory employee of the
Commission whose duties involve substantial personal
responsibility for Commission matters and who is compensated at a
rate equal to, or in excess of, the rate for grade GS-15 of the
General Schedule in section 5332 of title 5, and
(B) formulate the annual budget of the Commission.
(3) No member of the Commission, in making public statements with
respect to any policy matter for which the Commission has
responsibility, shall represent himself as speaking for the
Commission, or his views as being the views of the Commission, with
respect to such matter except to the extent that the Commission has
adopted the policy being expressed.
(b) Application of civil service law
Except for employees excepted under civil service rules, all
employees of the commission shall be appointed from lists of
eligibles to be supplied by the Director of the Office of Personnel
Management and in accordance with the civil service law.
(c) Expenses
All of the expenses of the commission, including all necessary
expenses for transportation incurred by the commissioners or by
their employees under their orders in making any investigation or
upon official business in any other places than at their respective
headquarters, shall be allowed and paid on the presentation of
itemized vouchers therefor approved by the chairman (except that in
the case of a commissioner, or the personal staff of any
commissioner, such vouchers may be approved by that commissioner).
(d) Principal office at Washington
The principal office of the commission shall be in the city of
Washington, but it may meet and exercise all its powers at any
other place. The commission may, by one or more of its members, or
by such agents as it may designate, prosecute any inquiry necessary
to its duties in any part of the United States or in any foreign
(e) Office at New York
The commission is authorized to establish and maintain an office
at the port of New York for the purpose of directing or carrying on
any investigation, receiving and compiling statistics, selecting,
describing, and filing samples of articles, and performing any of
the duties or exercising any of the powers imposed upon it by law.
(f) Official seal
The commission is authorized to adopt an official seal, which
shall be judicially noticed.
95-106, Sec. 3(a), (b), Aug. 17, 1977, 91 Stat. 868; 1978 Reorg.
Plan No. 2, Sec. 102, eff. Jan. 1, 1979, 43 F.R. 36037, 92 Stat.
3783; Pub. L. 97-456, Sec. 1(b), Jan. 12, 1983, 96 Stat. 2503.)
The civil service law, referred to in subsec. (b), is set forth
in Title 5, Government Organization and Employees. See,
particularly, section 3301 et seq. of Title 5.
In subsec. (a), provisions which specified a salary of $7,500 per
year for the secretary to the commission have been omitted as
obsolete and superseded. Sections 1202 and 1204 of the
Classification Act of 1949, 63 Stat. 972, 973, repealed the
Classification Act of 1923 and all other laws or parts of laws
inconsistent with the 1949 Act. The Classification Act of 1949 was
repealed by Pub. L. 89-554, Sept. 6, 1966, Sec. 8(a), 80 Stat. 632,
and reenacted as chapter 51 and subchapter III of chapter 53 of
Title 5, Government Organization and Employees. Section 5102 of
Title 5 contains the applicability provisions of the 1949 Act, and
section 5103 of Title 5 authorizes the Office of Personnel
Management to determine the applicability to specific positions and
In subsec. (b), the words ''Except for employees excepted under
the civil service rules'' substituted for ''With the exception of
the secretary, a clerk to each commissioner, and such special
experts as the commission may from time to time find necessary for
the conduct of its work''. Appointments are now subject to the
civil service laws unless specifically excepted by such laws or by
laws enacted subsequent to Executive Order 8743, Apr. 23, 1941,
issued by the President pursuant to the act of Nov. 26, 1940, ch.
919, title I, Sec. 1, 54 Stat. 1211, which covered most excepted
positions into the classified (competitive) civil service. The
Order is set out as a note under section 3301 of Title 5.
Provisions similar to subsecs. (a) to (e) of this section were
contained in act Sept. 8, 1916, ch. 463, Sec. 701, 39 Stat. 975.
That section was superseded by section 331 of act June 17, 1930,
comprising this section.
Provisions similar to those in subsecs. (f) and (g) of this
section were contained in act Sept. 21, 1922, ch. 356, title III,
Sec. 318, 42 Stat. 947. That section was superseded by section 331
of act June 17, 1930, comprising this section, and repealed by
1983 - Subsec. (a)(1). Pub. L. 97-456 designated existing
provisions relating to the chairman's exercise of and
responsibility for all administrative functions as subpar. (A),
redesignated former subpars. (A) through (C) as cls. (i) through
(iii), added subpar. (B), designated provisions relating to
disapproval by a majority of the commissioners of any decision by
the chairman as subpar. (C), and in (C) as so designated,
substituted ''subparagraph (A) or (B)'' for ''this paragraph''
after ''chairman under''.
1977 - Subsec. (a). Pub. L. 95-106, Sec. 3(a), designated
existing provisions as par. (1), substituted provisions authorizing
the chairman to perform certain required functions subject to
approval by the Commission for provisions authorizing the
Commission to perform certain required functions and inserted
provisions requiring the chairman to exercise and be responsible
for all other administrative functions of the Commission, and added
pars. (2) and (3).
Subsec. (c). Pub. L. 95-106, Sec. 3(b)(1), substituted ''approved
by the chairman (except that in the case of a commissioner, or the
personal staff of any commissioner, such vouchers may be approved
by that commissioner)'' for ''approved by the Commission''.
Subsec. (d). Pub. L. 95-106, Sec. 3(b)(2), redesignated subsecs.
(e) to (g) as (d) to (f), respectively. Former subsec. (d),
relating to offices and supplies, was struck out.
Section 3(c) of Pub. L. 95-106 provided that: ''The amendments
made by this section (amending this section) take effect on the
date of enactment of this Act (Aug. 17, 1977).''
''Director of the Office of Personnel Management'' substituted
for ''Civil Service Commission'' in subsec. (b) pursuant to Reorg.
Plan No. 2 of 1978, Sec. 102, 43 F.R. 36037, 92 Stat. 3783, set out
under section 1101 of Title 5, Government Organization and
Employees, which transferred functions vested by statute in Civil
Service Commission to Director of Office of Personnel Management
(except as otherwise specified), effective Jan. 1, 1979, as
provided by section 1-102 of Ex. Ord. No. 12107, Dec. 28, 1978, 44
F.R. 1055, set out under section 1101 of Title 5.
Sec. 1332. Investigations
(a) Investigations and reports
It shall be the duty of the commission to investigate the
administration and fiscal and industrial effects of the customs
laws of this country, the relations between the rates of duty on
raw materials and finished or partly finished products, the effects
of ad valorem and specific duties and of compound specific and ad
valorem duties, all questions relative to the arrangement of
schedules and classification of articles in the several schedules
of the customs law, and, in general, to investigate the operation
of customs laws, including their relation to the Federal revenues,
their effect upon the industries and labor of the country, and to
submit reports of its investigations as hereafter provided.
(b) Investigations of tariff relations
The commission shall have power to investigate the tariff
relations between the United States and foreign countries,
commercial treaties, preferential provisions, economic alliances,
the effect of export bounties and preferential transportation
rates, the volume of importations compared with domestic production
and consumption, and conditions, causes, and effects relating to
competition of foreign industries with those of the United States,
including dumping and cost of production.
(c) Investigation of Paris Economy Pact
The commission shall have power to investigate the Paris Economy
Pact and similar organizations and arrangements in Europe.
(d) Information for President and Congress
In order that the President and the Congress may secure
information and assistance, it shall be the duty of the commission
(1) Ascertain conversion costs and costs of production in the
principal growing, producing, or manufacturing centers of the
United States of articles of the United States, whenever in the
opinion of the commission it is practicable;
principal growing, producing, or manufacturing centers of foreign
countries of articles imported into the United States, whenever
in the opinion of the commission such conversion costs or costs
of production are necessary for comparison with conversion costs
or costs of production in the United States and can be reasonably
ascertained;
(3) Select and describe articles which are representative of
the classes or kinds of articles imported into the United States
and which are similar to or comparable with articles of the
United States; select and describe articles of the United States
similar to or comparable with such imported articles; and obtain
and file samples of articles so selected, whenever the commission
deems it advisable;
(4) Ascertain import costs of such representative articles so
selected;
(5) Ascertain the grower's, producer's, or manufacturer's
selling prices in the principal growing, producing, or
manufacturing centers of the United States of the articles of the
United States so selected; and
(6) Ascertain all other facts which will show the differences
in or which affect competition between articles of the United
States and imported articles in the principal markets of the
(e) Definitions
When used in this subdivision and in subdivision (d) of this
(1) The term ''article'' includes any commodity, whether grown,
produced, fabricated, manipulated, or manufactured;
(2) The term ''import cost'' means the transaction value of the
imported merchandise determined in accordance with section
1401a(b) of this title plus, when not included in the transaction
value, all necessary expenses, exclusive of customs duties, of
bringing such merchandise to the United States.
(f) Omitted
(g) Reports to President and Congress
The commission shall put at the disposal of the President of the
United States, the Committee on Ways and Means of the House of
Representatives, and the Committee on Finance of the Senate,
whenever requested, all information at its command, and shall make
such investigations and reports as may be requested by the
President or by either of said committees or by either branch of
the Congress. However, the Commission may not release information
which the Commission considers to be confidential business
information unless the party submitting the confidential business
information had notice, at the time of submission, that such
information would be released by the Commission, or such party
subsequently consents to the release of the information. The
Commission shall report to Congress on the first Monday of December
of each year after June 17, 1930, a statement of the methods
adopted and all expenses incurred, a summary of all reports made
during the year, and a list of all votes taken by the commission
during the year, showing those commissioners voting in the
affirmative and the negative on each vote and those commissioners
not voting on each vote and the reasons for not voting. Each such
annual report shall include a list of all complaints filed under
section 1337 of this title during the year for which such report is
being made, the date on which each such complaint was filed, and
the action taken thereon, and the status of all investigations
conducted by the commission under such section during such year and
the date on which each such investigation was commenced.
93-618, title I, Sec. 173, title III, Sec. 341(b), Jan. 3, 1975, 88
Stat. 2010, 2056; Pub. L. 96-39, title II, Sec. 202(a)(1), July 26,
1979, 93 Stat. 201; Pub. L. 100-418, title I, Sec. 1613, Aug. 23,
1988, 102 Stat. 1262; Pub. L. 100-647, title IX, Sec. 9001(a)(16),
Nov. 10, 1988, 102 Stat. 3808.)
Subsection (f) directed the Tariff Commission to ascertain the
cost of crude petroleum during three years preceding 1930.
Provisions similar to subsections (a), (b), and (g) of this
section were contained in act Sept. 8, 1916, ch. 463, Sec. 702 to
704, 39 Stat. 796. Those sections were superseded by section 332 of
act June 17, 1930, comprising this section.
Provisions similar to those in subdivision (c) of this section
were contained in act Sept. 8, 1916, ch. 463, Sec. 708, 39 Stat.
798. That section was superseded by section 332 of act June 17,
1930, comprising this section.
Provisions similar to subdivisions (d) and (e) of this section
were contained in act Sept. 21, 1922, ch. 356, title III, Sec. 318,
42 Stat. 947. Section 318 of act 1922 was superseded by section 332
section 651(a)(1) of said 1930 act.
Act Oct. 3, 1913, ch. 16, Sec. IV, R, 38 Stat. 201, directed
President to ascertain certain facts and report to Congress when
imports amounted to less than 5 per centum of domestic consumption,
prior to repeal by act Sept. 21, 1922, ch. 356, title III, Sec.
321, 42 Stat. 947.
1988 - Subsec. (g). Pub. L. 100-647 substituted ''report to
Congress on the first'' for ''report to Congress. on the first''.
Pub. L. 100-418 substituted ''. However, the Commission may not
release information which the Commission considers to be
confidential business information unless the party submitting the
confidential business information had notice, at the time of
submission, that such information would be released by the
Commission, or such party subsequently consents to the release of
the information. The Commission shall report to Congress.'' for
'', and shall report to Congress''.
1979 - Subsec. (e)(2). Pub. L. 96-39 substituted ''the
transaction value of the imported merchandise determined in
accordance with section 1401a(b) of this title plus, when not
included in the transaction value, all necessary expenses,
exclusive of customs duties, of bringing such merchandise to the
United States'' for ''the price at which an article is freely
offered for sale in the ordinary course of trade in the usual
wholesale quantities for exportation to the United States plus,
when not included in such price, all necessary expenses, exclusive
of customs duties, of bringing such imported article to the United
States''.
1975 - Subsec. (g). Pub. L. 93-618 substituted ''a summary of all
reports made during the year, and a list of all votes taken by the
commission during the year, showing those commissioners voting in
the affirmative and the negative on each vote and those
commissioners not voting on each vote and the reasons for not
voting'' for ''and a summary of all reports made during the year'',
and inserted last sentence relating to complaints included in
annual reports.
Amendment by Pub. L. 96-39 effective July 1, 1980, see section
204(a) of Pub. L. 96-39, set out as a note under section 1401a of
Amendment by Pub. L. 93-618 effective on 90th day after Jan. 3,
1975, see section 341(c) of Pub. L. 93-618, set out as a note under
TERMINATION OF REPORTING REQUIREMENTS
For termination, effective May 15, 2000, of provisions in subsec.
(g) of this section relating to an annual report to Congress on the
first Monday of December of each year, see section 3003 of Pub. L.
104-66, as amended, set out as a note under section 1113 of Title
31, Money and Finance, and page 194 of House Document No. 103-7.
DELEGATION OF FUNCTIONS
Functions of President under subsec. (g) of this section
regarding reports by United States International Trade Commission
to President delegated to United States Trade Representative, see
section 5-301 of Ex. Ord. No. 12661, Dec. 27, 1988, 54 F.R. 779,
CONTINUATION OF REPORTS WITH RESPECT TO SYNTHETIC ORGANIC CHEMICALS
Pub. L. 95-106, Sec. 5, Aug. 17, 1977, 91 Stat. 869, directed
International Trade Commission to make, for each calendar year
ending before Jan. 1, 1981, reports with respect to synthetic
organic chemicals similar in scope to reports made with respect to
such chemicals for calendar year 1976.
REVIEW OF CUSTOMS TARIFF SCHEDULES
Act Sept. 1, 1954, ch. 1213, title I, Sec. 101, 68 Stat. 1136, as
amended Aug. 2, 1956, ch. 894, 70 Stat. 955; May 19, 1958, Pub. L.
85-418, Sec. 3, 72 Stat. 120, provided for a complete study by the
Tariff Commission for the purpose of clarifying and simplifying the
tariff classification, with a report to go to the President and to
the chairmen of the appropriate committees of Congress no later
than Jan. 1, 1959. See section 1332 of this title.
this title; title 16 section 742h.
Sec. 1332a. Importation of red cedar shingles
(a) Investigation by Commission
The United States International Trade Commission is directed to
conduct an investigation as soon as practicable after the close of
the calendar year 1939 and each calendar year thereafter, for the
purpose of ascertaining the quantities of red cedar shingles
shipped by producers in the United States and the quantities of
imported red cedar shingles entered for consumption, or withdrawn
from warehouse for consumption, during each of the three calendar
years immediately preceding any such investigation.
(b) Duty on imported shingles; amount
If the Commission finds, on the basis of an investigation under
subdivision (a) of this section, that in any calendar year after
1938 the quantity of imported red cedar shingles entered for
consumption, or withdrawn from warehouse for consumption, was in
excess of 30 per centum of the combined total for such year of the
respective quantities ascertained in such investigation, it shall
so report to the President. If the President approves the report of
the Commission, he shall so proclaim, and on and after the day
following the filing of such proclamation with the Division of the
Federal Register and so long as any trade agreement entered into
under the authority of section 1351 of this title, shall be in
effect with respect to the importation into the United States of
red cedar shingles, there shall be a duty upon imported red cedar
shingles entered for consumption, or withdrawn from warehouse for
consumption, in any calendar year in excess of 30 per centum of the
annual average for the preceding three calendar years of the
combined total of the quantity of such shingles shipped by
producers in the United States and of the quantity of such imported
consumption. The rate of such duty shall be 25 cents per square.
Any duty imposed under this section shall be treated for the
purposes of all provisions of law relating to customs revenue as a
duty imposed by section 1001 (FOOTNOTE 1) of this title, and shall
not apply to shingles entered for consumption before the duty
becomes applicable.
(c) Exemptions from duty
The quantity of red cedar shingles entitled to exemption from any
duty imposed pursuant to this section shall be ascertained for each
quota period by the Commission and reported to the Secretary of the
(July 1, 1940, ch. 499, 54 Stat. 708; Pub. L. 93-618, title I, Sec.
171(b), Jan. 3, 1975, 88 Stat. 2009.)
Section 1001 of this title, referred to in subsec. (b), was
struck out by Pub. L. 87-456, title I, Sec. 101(a), May 24, 1962,
76 Stat. 72.
Section was not enacted as a part of the Tariff Act of 1930 which
1975 - Subsec. (a). Pub. L. 93-618 substituted ''United States
International Trade Commission'' for ''United States Tariff
Commission''.
Sec. 1333. Testimony and production of papers
(a) Authority to obtain information
For the purposes of carrying out its functions and duties in
connection with any investigation authorized by law, the commission
or its duly authorized agent or agents (1) shall have access to and
the right to copy any document, paper, or record, pertinent to the
subject matter under investigation, in the possession of any
person, firm, copartnership, corporation, or association engaged in
the production, importation, or distribution of any article under
investigation, (2) may summon witnesses, take testimony, and
administer oaths, (3) may require any person, firm, copartnership,
corporation, or association to produce books or papers relating to
any matter pertaining to such investigation, and (4) may require
any person, firm, copartnership, corporation, or association, to
furnish in writing, in such detail and in such form as the
commission may prescribe, information in their possession
pertaining to such investigation. Any member of the commission may
sign subpenas, and members and agents of the commission, when
authorized by the commission, may administer oaths and
affirmations, examine witnesses, take testimony, and receive
evidence.
(b) Witnesses and evidence
Such attendance of witnesses and the production of such
documentary evidence may be required from any place in the United
States at any designated place of hearing. And in case of
disobedience to a subpena the commission may invoke the aid of any
district or territorial court of the United States in requiring the
attendance and testimony of witnesses and the production of
documentary evidence, and such court within the jurisdiction of
which such inquiry is carried on may, in case of contumacy or
refusal to obey a subpena issued to any corporation or other
person, issue an order requiring such corporation or other person
to appear before the commission, or to produce documentary evidence
if so ordered or to give evidence touching the matter in question;
and any failure to obey such order of the court may be punished by
such court as a contempt thereof.
(c) Mandamus
At the request of the commission, any such court shall have
jurisdiction to issue writs of mandamus commanding compliance with
the provisions of this part or any order of the commission made in
pursuance thereof.
(d) Depositions
The commission may order testimony to be taken by deposition in
any proceeding or investigation pending before the commission at
any stage of such proceeding or investigation. Such depositions
may be taken before any person designated by the commission and
having power to administer oaths. Such testimony shall be reduced
to writing by the person taking the deposition, or under his
direction, and shall then be subscribed by the deponent. Any
person, firm, copartnership, corporation, or association, may be
compelled to appear and depose and to produce documentary evidence
in the same manner as witnesses may be compelled to appear and
testify and produce documentary evidence before the commission, as
hereinbefore provided.
(e) Fees and mileage of witnesses
Witnesses summoned before the commission shall be paid the same
fees and mileage that are paid witnesses in the courts of the
United States, and witnesses whose depositions are taken and the
persons taking the same, except employees of the commission, shall
severally be entitled to the same fees and mileage as are paid for
like services in the courts of the United States.
(f) Statements under oath
The commission is authorized, in order to ascertain any facts
required by subdivision (d) of section 1332 of this title to
require any importer and any American grower, producer,
manufacturer, or seller to file with the commission a statement,
under oath, giving his selling prices in the United States of any
article imported, grown, produced, fabricated, manipulated, or
manufactured by him.
(g) Representation in court proceedings
The Commission shall be represented in all judicial proceedings
by attorneys who are employees of the Commission or, at the request
of the Commission, by the Attorney General of the United States.
(h) Administrative protective orders
Any correspondence, private letters of reprimand, and other
documents and files relating to violations or possible violations
of administrative protective orders issued by the Commission in
connection with investigations or other proceedings under this
subtitle shall be treated as information described in section
552(b)(3) of title 5.
25, 1936, ch. 804, 49 Stat. 1921; June 25, 1948, ch. 646, Sec.
32(b), 62 Stat. 991; May 24, 1949, ch. 139, Sec. 127, 63 Stat. 107;
Pub. L. 85-686, Sec. 9(a), (b), Aug. 20, 1958, 72 Stat. 679; Pub.
L. 91-452, title II, Sec. 229, Oct. 15, 1970, 84 Stat. 930; Pub. L.
93-618, title I, Sec. 174, Jan. 3, 1975, 88 Stat. 2011; Pub. L.
101-382, title I, Sec. 135(a), Aug. 20, 1990, 104 Stat. 651.)
As originally enacted subsec. (b) contained a reference to the
Supreme Court of the District of Columbia. Act June 25, 1936,
substituted ''the district court of the United States for the
District of Columbia'' for ''the Supreme Court of the District of
Columbia'', and act June 25, 1948, as amended by act May 24, 1949,
substituted ''United States District Court for the District of
Columbia'' for ''district court of the United States for the
District of Columbia''. However, the words ''United States District
Court for the District of Columbia'' have been deleted entirely as
superfluous in view of section 132(a) of Title 28, Judiciary and
Judicial Procedure, which states that ''There shall be in each
judicial district a district court which shall be a court of record
known as the United States District Court for the district'', and
section 88 of Title 28 which states that ''the District of Columbia
constitutes one judicial district''.
Sept. 8, 1916, ch. 463, Sec. 706, 39 Stat. 797, as amended by act
Sept. 21, 1922, ch. 356, title III, Sec. 318(f), 42 Stat. 947.
These acts were superseded by section 333 of act June 17, 1930,
comprising this section, and section 318(f) of the 1922 act was
1990 - Subsec. (h). Pub. L. 101-382 added subsec. (h).
1975 - Subsec. (c). Pub. L. 93-618, Sec. 174(1), substituted ''At
the request of'' for ''Upon application of the Attorney General of
the United States, at the request of''.
Subsec. (g). Pub. L. 93-618, Sec. 174(2), added subsec. (g).
1970 - Subsec. (e). Pub. L. 91-452 struck out provisions relating
to the immunity from prosecution of any natural person compelled to
testify or produce evidence in obedience to the subpoena of the
1958 - Subsec. (a). Pub. L. 85-686, Sec. 9(a), substituted ''For
the purposes of carrying out its functions and duties in connection
with any investigation authorized by law'' for ''For the purposes
of carrying Part II of this subtitle into effect'', inserted
provisions empowering the commission to require any person, firm,
copartnership, corporation, or association to furnish in writing,
in such detail and in such form as the commission may prescribe,
information in their possession pertaining to an investigation.
Subsec. (d). Pub. L. 85-686, Sec. 9(b), substituted ''pending
before the commission'' for ''pending under Part II of this
subtitle''.
Amendment by Pub. L. 91-452 effective on sixtieth day following
Oct. 15, 1970, and not to affect any immunity to which any
individual is entitled under this section by reason of any
testimony given before sixtieth day following Oct. 15, 1970, see
section 260 of Pub. L. 91-452, set out as an Effective Date;
Savings Provision note under section 6001 of Title 18, Crimes and
Criminal Procedure.
Sec. 1334. Cooperation with other agencies
The commission shall in appropriate matters act in conjunction
and cooperation with the Treasury Department, the Department of
Commerce, the Federal Trade Commission, or any other departments,
or independent establishments of the Government, and such
departments and independent establishments of the Government shall
cooperate fully with the commission for the purposes of aiding and
assisting in its work, and, when directed by the President, shall
furnish to the commission, on its request, all records, papers, and
information in their possession relating to any of the subjects of
investigation by the commission and shall detail, from time to
time, such officials and employees to said commission as he may
direct.
Executive and administrative functions of Federal Trade
Commission transferred, with certain reservations, to Chairman of
such Commission by Reorg. Plan No. 8 of 1950, Sec. 1, eff. May 24,
1950, 15 F.R. 3175, 64 Stat. 1264, set out in the Appendix to Title
5, Government Organization and Employees.
Sec. 1335. Rules and regulations
The commission is authorized to adopt such reasonable procedures
and rules and regulations as it deems necessary to carry out its
functions and duties.
(June 17, 1930, ch. 497, title III, Sec. 335, as added Aug. 20,
1958, Pub. L. 85-686, Sec. 9(c)(2), 72 Stat. 680.)
A prior section 335 of act June 17, 1930, related to disclosure
of trade secrets and prescribed penalty therefor, prior to repeal
by act June 25, 1948, ch. 645, Sec. 21, 62 Stat. 862, eff. Sept.
1, 1948. See section 1905 of Title 18, Crimes and Criminal
Sec. 1336. Equalization of costs of production
(a) Change of classification or duties
In order to put into force and effect the policy of Congress by
this chapter intended, the commission (1) upon request of the
President, or (2) upon resolution of either or both Houses of
Congress, or (3) upon its own motion, or (4) when in the judgment
of the commission there is good and sufficient reason therefor,
upon application of any interested party, shall investigate the
differences in the costs of production of any domestic article and
of any like or similar foreign article. In the course of the
investigation the commission shall hold hearings and give
reasonable public notice thereof, and shall afford reasonable
opportunity for parties interested to be present, to produce
evidence, and to be heard at such hearings. The commission shall
report to the President the results of the investigation and its
findings with respect to such differences in costs of production.
If the commission finds it shown by the investigation that the
duties expressly fixed by statute do not equalize the differences
in the costs of production of the domestic article and the like or
similar foreign article when produced in the principal competing
country, the commission shall specify in its report such increases
or decreases in rates of duty expressly fixed by statute (including
any necessary change in classification) as it finds shown by the
investigation to be necessary to equalize such differences. In no
case shall the total increase or decrease of such rates of duty
exceed 50 per centum of the rates expressly fixed by statute.
(b) Repealed. Pub. L. 96-39, title II, Sec. 202(a)(2)(A), July 26,
1979, 93 Stat. 202
(c) Proclamation by the President
The President shall by proclamation approve the rates of duty and
changes in classification specified in any report of the commission
under this section, if in his judgment such rates of duty and
changes are shown by such investigation of the commission to be
necessary to equalize such differences in costs of production.
(d) Effective date of rates and changes
Commencing thirty days after the date of any presidential
proclamation of approval the increased or decreased rates of duty
and changes in classification specified in the report of the
commission shall take effect.
(e) Ascertainment of differences in costs of production
In ascertaining under this section the differences in costs of
production, the commission shall take into consideration, in so far
as it finds it practicable:
(1) In the case of a domestic article
(A) The cost of production as hereinafter in this section
defined; (B) transportation costs and other costs incident to
delivery to the principal market or markets of the United States
for the article; and (C) other relevant factors that constitute
an advantage or disadvantage in competition.
(2) In the case of a foreign article
defined, or, if the commission finds that such cost is not
readily ascertainable, the commission may accept as evidence
thereof, or as supplemental thereto, the weighted average of the
invoice prices or values for a representative period and/or the
average wholesale selling price for a representative period
(which price shall be that at which the article is freely offered
for sale to all purchasers in the principal market or markets of
the principal competing country or countries in the ordinary
course of trade and in the usual wholesale quantities in such
market or markets); (B) transportation costs and other costs
incident to delivery to the principal market or markets of the
United States for the article; (C) other relevant factors that
constitute an advantage or disadvantage in competition, including
advantages granted to the foreign producers by a government,
person, partnership, corporation, or association in a foreign
(f) Modification of changes in duty
Any increased or decreased rate of duty or change in
classification which has taken effect as above provided may be
modified or terminated in the same manner and subject to the same
conditions and limitations (including time of taking effect) as is
provided in this section in the case of original increases,
decreases, or changes.
(g) Prohibition against transfers from the free list to the
dutiable list or from the dutiable list to the free list
Nothing in this section shall be construed to authorize a
transfer of an article from the dutiable list to the free list or
from the free list to the dutiable list, nor a change in form of
duty. Whenever it is provided in any paragraph of Subtitle I of
this chapter, or in any amendatory act, that the duty or duties
shall not exceed a specified ad valorem rate upon the articles
provided for in such paragraph, no rate determined under the
provisions of this section upon such articles shall exceed the
maximum ad valorem rate so specified.
(h) Definitions
For the purpose of this section -
(1) The term ''domestic article'' means an article wholly or in
part the growth or product of the United States; and the term
''foreign article'' means an article wholly or in part the growth
or product of a foreign country.
(2) The term ''United States'' includes the several States and
Territories and the District of Columbia.
(3) The term ''foreign country'' means any empire, country,
dominion, colony, or protectorate, or any subdivision or
subdivisions thereof (other than the United States and its
possessions).
(4) The term ''cost of production'', when applied with respect
to either a domestic article or a foreign article, includes, for
a period which is representative of conditions in production of
the article: (A) The price or cost of materials, labor costs, and
other direct charges incurred in the production of the article
and in the processes or methods employed in its production; (B)
the usual general expenses, including charges for depreciation or
depletion which are representative of the equipment and property
employed in the production of the article and charges for rent or
interest which are representative of the cost of obtaining
capital or instruments of production; and (C) the cost of
containers and coverings of whatever nature, and other costs,
charges, and expenses incident to placing the article in
condition packed ready for delivery.
(i) Rules and regulations of President
The President is authorized to make all needful rules and
regulations for carrying out his functions under the provisions of
(j) Repealed. Pub. L. 96-39, title II, Sec. 202(a)(2)(D), July 26,
(k) Investigations prior to June 17, 1930
All uncompleted investigations instituted prior to June 17, 1930,
under the provisions of sections 154 to 159 (FOOTNOTE 1) of this
title, including investigations in which the President has not
proclaimed changes in classification or increases or decreases in
rates of duty, shall be dismissed without prejudice; but the
information and evidence secured by the commission in any such
investigation may be given due consideration in any investigation
instituted under the provisions of this section.
1956, ch. 887, Sec. 2(d), 70 Stat. 946; Pub. L. 85-686, Sec.
9(c)(1), Aug. 20, 1958, 72 Stat. 679; Pub. L. 96-39, title II, Sec.
202(a)(2), July 26, 1979, 93 Stat. 202.)
Sections 154 to 159 of this title, referred to in subsec. (k),
were repealed by section 651(a)(1) of act June 17, 1930.
Sept. 21, 1922, ch. 356, title III, Sec. 315, 42 Stat. 941. That
section was superseded by section 336 of act June 17, 1930,
1979 - Subsec. (b). Pub. L. 96-39, Sec. 202(a)(2)(A), struck out
subsec. (b) which related to the setting of ad valorem rates based
upon the American selling price of domestic articles as would be
necessary to equalize differences in the costs of production.
Subsec. (c). Pub. L. 96-39, Sec. 202(a)(2)(B), substituted
''changes in classification specified in any report'' for ''changes
in classification and in basis of value specified in any report''.
Subsec. (d). Pub. L. 96-39, Sec. 202(a)(2)(C), substituted
''changes in classification specified in the report'' for ''changes
in classification or in basis of value specified in the report''.
Subsec. (f). Pub. L. 96-39, Sec. 202(a)(2)(C), substituted
''change in classification which has taken effect'' for ''change in
classification or in basis of value which has taken effect''.
Subsec. (j). Pub. L. 96-39, Sec. 202(a)(2)(D), struck out subsec.
(j) which authorized the Secretary of the Treasury to make
necessary rules and regulations for the entry and declaration of
foreign articles with respect to which a change in the basis of
value had been made.
Subsec. (k). Pub. L. 96-39, Sec. 202(a)(2)(C), substituted
''changes in classification or increases or decreases'' for
''changes in classification or in basis of value or increases or
decreases''.
1958 - Subsec. (a). Pub. L. 85-686 struck out provisions which
authorized the commission to adopt such reasonable procedure and
rules and regulations as it deemed necessary to execute its
functions under this section. See section 1335 of this title.
1956 - Subsec. (b). Act Aug. 2, 1956, struck out ''(as defined in
section 1402(g))'' after ''selling price''.
Amendment by act Aug. 2, 1956, effective only as to articles
thirtieth day following publication of the final list provided for
in section 6(a) of said act, set out in note under section 1402 of
this title, see section 8 of act Aug. 2, 1956, set out as an
Effective Date note under section 1401a of this title.
This section is referred to in sections 1352, 1484 of this title.
Sec. 1337. Unfair practices in import trade
(a) Unlawful activities; covered industries; definitions
(1) Subject to paragraph (2), the following are unlawful, and
when found by the Commission to exist shall be dealt with, in
addition to any other provision of law, as provided in this
(A) Unfair methods of competition and unfair acts in the
importation of articles (other than articles provided for in
subparagraphs (B), (C), (D), and (E)) into the United States, or
in the sale of such articles by the owner, importer, or
consignee, the threat or effect of which is -
(i) to destroy or substantially injure an industry in the
(ii) to prevent the establishment of such an industry; or
(iii) to restrain or monopolize trade and commerce in the
(B) The importation into the United States, the sale for
importation, or the sale within the United States after
importation by the owner, importer, or consignee, of articles
that -
(i) infringe a valid and enforceable United States patent or
a valid and enforceable United States copyright registered
under title 17; or
(ii) are made, produced, processed, or mined under, or by
means of, a process covered by the claims of a valid and
enforceable United States patent.
(C) The importation into the United States, the sale for
that infringe a valid and enforceable United States trademark
registered under the Trademark Act of 1946 (15 U.S.C. 1051 et
seq.).
(D) The importation into the United States, the sale for
importation by the owner, importer, or consignee, of a
semiconductor chip product in a manner that constitutes
infringement of a mask work registered under chapter 9 of title
(E) The importation into the United States, the sale for
importation by the owner, importer, or consigner, of an article
that constitutes infringement of the exclusive rights in a design
protected under chapter 13 of title 17.
(2) Subparagraphs (B), (C), and (D) of paragraph (1) apply only
if an industry in the United States, relating to the articles
protected by the patent, copyright, trademark, mask work, or design
concerned, exists or is in the process of being established.
(3) For purposes of paragraph (2), an industry in the United
States shall be considered to exist if there is in the United
States, with respect to the articles protected by the patent,
copyright, trademark, mask work, or design concerned -
(A) significant investment in plant and equipment;
(B) significant employment of labor or capital; or
(C) substantial investment in its exploitation, including
engineering, research and development, or licensing.
(4) For the purposes of this section, the phrase ''owner,
importer, or consignee'' includes any agent of the owner, importer,
or consignee.
(b) Investigation of violations by Commission
(1) The Commission shall investigate any alleged violation of
this section on complaint under oath or upon its initiative. Upon
commencing any such investigation, the Commission shall publish
notice thereof in the Federal Register. The Commission shall
conclude any such investigation and make its determination under
this section at the earliest practicable time after the date of
publication of notice of such investigation. To promote
expeditious adjudication, the Commission shall, within 45 days
after an investigation is initiated, establish a target date for
its final determination.
(2) During the course of each investigation under this section,
the Commission shall consult with, and seek advice and information
from, the Department of Health and Human Services, the Department
of Justice, the Federal Trade Commission, and such other
departments and agencies as it considers appropriate.
(3) Whenever, in the course of an investigation under this
section, the Commission has reason to believe, based on information
before it, that a matter, in whole or in part, may come within the
purview of part II of subtitle IV of this chapter, it shall
promptly notify the Secretary of Commerce so that such action may
be taken as is otherwise authorized by such part II. If the
Commission has reason to believe that the matter before it (A) is
based solely on alleged acts and effects which are within the
purview of section 1671 or 1673 of this title, or (B) relates to an
alleged copyright infringement with respect to which action is
prohibited by section 1008 of title 17, the Commission shall
terminate, or not institute, any investigation into the matter. If
the Commission has reason to believe the matter before it is based
in part on alleged acts and effects which are within the purview of
section 1671 or 1673 of this title, and in part on alleged acts and
effects which may, independently from or in conjunction with those
within the purview of such section, establish a basis for relief
under this section, then it may institute or continue an
investigation into the matter. If the Commission notifies the
Secretary or the administering authority (as defined in section
1677(1) of this title) with respect to a matter under this
paragraph, the Commission may suspend its investigation during the
time the matter is before the Secretary or administering authority
for final decision. Any final decision by the administering
authority under section 1671 or 1673 of this title with respect to
the matter within such section 1671 or 1673 of this title of which
the Commission has notified the Secretary or administering
authority shall be conclusive upon the Commission with respect to
the issue of less-than-fair-value sales or subsidization and the
matters necessary for such decision.
(c) Determinations; review
The Commission shall determine, with respect to each
investigation conducted by it under this section, whether or not
there is a violation of this section, except that the Commission
may, by issuing a consent order or on the basis of an agreement
between the private parties to the investigation, including an
agreement to present the matter for arbitration, terminate any such
investigation, in whole or in part, without making such a
determination. Each determination under subsection (d) or (e) of
this section shall be made on the record after notice and
opportunity for a hearing in conformity with the provisions of
subchapter II of chapter 5 of title 5. All legal and equitable
defenses may be presented in all cases. A respondent may raise any
counterclaim in a manner prescribed by the Commission. Immediately
after a counterclaim is received by the Commission, the respondent
raising such counterclaim shall file a notice of removal with a
United States district court in which venue for any of the
counterclaims raised by the party would exist under section 1391 of
title 28. Any counterclaim raised pursuant to this section shall
relate back to the date of the original complaint in the proceeding
before the Commission. Action on such counterclaim shall not delay
or affect the proceeding under this section, including the legal
and equitable defenses that may be raised under this subsection.
Any person adversely affected by a final determination of the
Commission under subsection (d), (e), (f), or (g) of this section
may appeal such determination, within 60 days after the
determination becomes final, to the United States Court of Appeals
for the Federal Circuit for review in accordance with chapter 7 of
title 5. Notwithstanding the foregoing provisions of this
subsection, Commission determinations under subsections (d), (e),
(f), and (g) of this section with respect to its findings on the
public health and welfare, competitive conditions in the United
States economy, the production of like or directly competitive
articles in the United States, and United States consumers, the
amount and nature of bond, or the appropriate remedy shall be
reviewable in accordance with section 706 of title 5.
Determinations by the Commission under subsections (e), (f), and
(j) of this section with respect to forfeiture of bonds and under
subsection (h) of this section with respect to the imposition of
sanctions for abuse of discovery or abuse of process shall also be
(d) Exclusion of articles from entry
(1) If the Commission determines, as a result of an investigation
under this section, that there is a violation of this section, it
shall direct that the articles concerned, imported by any person
violating the provision of this section, be excluded from entry
into the United States, unless, after considering the effect of
such exclusion upon the public health and welfare, competitive
conditions in the United States economy, the production of like or
directly competitive articles in the United States, and United
States consumers, it finds that such articles should not be
excluded from entry. The Commission shall notify the Secretary of
the Treasury of its action under this subsection directing such
exclusion from entry, and upon receipt of such notice, the
Secretary shall, through the proper officers, refuse such entry.
(2) The authority of the Commission to order an exclusion from
entry of articles shall be limited to persons determined by the
Commission to be violating this section unless the Commission
determines that -
(A) a general exclusion from entry of articles is necessary to
prevent circumvention of an exclusion order limited to products
of named persons; or
(B) there is a pattern of violation of this section and it is
difficult to identify the source of infringing products.
(e) Exclusion of articles from entry during investigation except
under bond; procedures applicable; preliminary relief
(1) If, during the course of an investigation under this section,
the Commission determines that there is reason to believe that
there is a violation of this section, it may direct that the
articles concerned, imported by any person with respect to whom
there is reason to believe that such person is violating this
section, be excluded from entry into the United States, unless,
after considering the effect of such exclusion upon the public
health and welfare, competitive conditions in the United States
economy, the production of like or directly competitive articles in
the United States, and United States consumers, it finds that such
articles should not be excluded from entry. The Commission shall
notify the Secretary of the Treasury of its action under this
subsection directing such exclusion from entry, and upon receipt of
such notice, the Secretary shall, through the proper officers,
refuse such entry, except that such articles shall be entitled to
entry under bond prescribed by the Secretary in an amount
determined by the Commission to be sufficient to protect the
complainant from any injury. If the Commission later determines
that the respondent has violated the provisions of this section,
the bond may be forfeited to the complainant.
(2) A complainant may petition the Commission for the issuance of
an order under this subsection. The Commission shall make a
determination with regard to such petition by no later than the
90th day after the date on which the Commission's notice of
investigation is published in the Federal Register. The Commission
may extend the 90-day period for an additional 60 days in a case it
designates as a more complicated case. The Commission shall
publish in the Federal Register its reasons why it designated the
case as being more complicated. The Commission may require the
complainant to post a bond as a prerequisite to the issuance of an
order under this subsection. If the Commission later determines
that the respondent has not violated the provisions of this
section, the bond may be forfeited to the respondent.
(3) The Commission may grant preliminary relief under this
subsection or subsection (f) of this section to the same extent as
preliminary injunctions and temporary restraining orders may be
granted under the Federal Rules of Civil Procedure.
(4) The Commission shall prescribe the terms and conditions under
which bonds may be forfeited under paragraphs (1) and (2).
(f) Cease and desist orders; civil penalty for violation of orders
(1) In addition to, or in lieu of, taking action under subsection
(d) or (e) of this section, the Commission may issue and cause to
be served on any person violating this section, or believed to be
violating this section, as the case may be, an order directing such
person to cease and desist from engaging in the unfair methods or
acts involved, unless after considering the effect of such order
upon the public health and welfare, competitive conditions in the
United States economy, the production of like or directly
competitive articles in the United States, and United States
consumers, it finds that such order should not be issued. The
Commission may at any time, upon such notice and in such manner as
it deems proper, modify or revoke any such order, and, in the case
of a revocation, may take action under subsection (d) or (e) of
this section, as the case may be. If a temporary cease and desist
order is issued in addition to, or in lieu of, an exclusion order
under subsection (e) of this section, the Commission may require
the complainant to post a bond, in an amount determined by the
Commission to be sufficient to protect the respondent from any
injury, as a prerequisite to the issuance of an order under this
subsection. If the Commission later determines that the respondent
has not violated the provisions of this section, the bond may be
forfeited to the respondent. The Commission shall prescribe the
terms and conditions under which the bonds may be forfeited under
(2) Any person who violates an order issued by the Commission
under paragraph (1) after it has become final shall forfeit and pay
to the United States a civil penalty for each day on which an
importation of articles, or their sale, occurs in violation of the
order of not more than the greater of $100,000 or twice the
domestic value of the articles entered or sold on such day in
violation of the order. Such penalty shall accrue to the United
States and may be recovered for the United States in a civil action
brought by the Commission in the Federal District Court for the
District of Columbia or for the district in which the violation
occurs. In such actions, the United States district courts may
issue mandatory injunctions incorporating the relief sought by the
Commission as they deem appropriate in the enforcement of such
final orders of the Commission.
(g) Exclusion from entry or cease and desist order; conditions and
procedures applicable
(1) If -
(A) a complaint is filed against a person under this section;
(B) the complaint and a notice of investigation are served on
the person;
(C) the person fails to respond to the complaint and notice or
otherwise fails to appear to answer the complaint and notice;
(D) the person fails to show good cause why the person should
not be found in default; and
(E) the complainant seeks relief limited solely to that person;
the Commission shall presume the facts alleged in the complaint to
be true and shall, upon request, issue an exclusion from entry or a
cease and desist order, or both, limited to that person unless,
after considering the effect of such exclusion or order upon the
Commission finds that such exclusion or order should not be issued.
(2) In addition to the authority of the Commission to issue a
general exclusion from entry of articles when a respondent appears
to contest an investigation concerning a violation of the
provisions of this section, a general exclusion from entry of
articles, regardless of the source or importer of the articles, may
be issued if -
(A) no person appears to contest an investigation concerning a
violation of the provisions of this section,
(B) such a violation is established by substantial, reliable,
and probative evidence, and
(C) the requirements of subsection (d)(2) of this section are
(h) Sanctions for abuse of discovery and abuse of process
The Commission may by rule prescribe sanctions for abuse of
discovery and abuse of process to the extent authorized by Rule 11
and Rule 37 of the Federal Rules of Civil Procedure.
(i) Forfeiture
(1) In addition to taking action under subsection (d) of this
section, the Commission may issue an order providing that any
article imported in violation of the provisions of this section be
seized and forfeited to the United States if -
(A) the owner, importer, or consignee of the article previously
attempted to import the article into the United States;
(B) the article was previously denied entry into the United
States by reason of an order issued under subsection (d) of this
section; and
(C) upon such previous denial of entry, the Secretary of the
Treasury provided the owner, importer, or consignee of the
article written notice of -
(i) such order, and
(ii) the seizure and forfeiture that would result from any
further attempt to import the article into the United States.
(2) The Commission shall notify the Secretary of the Treasury of
any order issued under this subsection and, upon receipt of such
notice, the Secretary of the Treasury shall enforce such order in
accordance with the provisions of this section.
(3) Upon the attempted entry of articles subject to an order
issued under this subsection, the Secretary of the Treasury shall
immediately notify all ports of entry of the attempted importation
and shall identify the persons notified under paragraph (1)(C).
(4) The Secretary of the Treasury shall provide -
(A) the written notice described in paragraph (1)(C) to the
owner, importer, or consignee of any article that is denied entry
into the United States by reason of an order issued under
subsection (d) of this section; and
(B) a copy of such written notice to the Commission.
(j) Referral to President
(1) If the Commission determines that there is a violation of
this section, or that, for purposes of subsection (e) of this
section, there is reason to believe that there is such a violation,
it shall -
(A) publish such determination in the Federal Register, and
(B) transmit to the President a copy of such determination and
the action taken under subsection (d), (e), (f), (g), or (i) of
this section, with respect thereto, together with the record upon
which such determination is based.
(2) If, before the close of the 60-day period beginning on the
day after the day on which he receives a copy of such
determination, the President, for policy reasons, disapproves such
determination and notifies the Commission of his disapproval, then,
effective on the date of such notice, such determination and the
action taken under subsection (d), (e), (f), (g), or (i) of this
section with respect thereto shall have no force or effect.
(3) Subject to the provisions of paragraph (2), such
determination shall, except for purposes of subsection (c) of this
section, be effective upon publication thereof in the Federal
Register, and the action taken under subsection (d), (e), (f), (g),
or (i) of this section, with respect thereto shall be effective as
provided in such subsections, except that articles directed to be
excluded from entry under subsection (d) of this section or subject
to a cease and desist order under subsection (f) of this section
shall, until such determination becomes final, be entitled to entry
under bond prescribed by the Secretary in an amount determined by
the Commission to be sufficient to protect the complainant from any
injury. If the determination becomes final, the bond may be
forfeited to the complainant. The Commission shall prescribe the
terms and conditions under which bonds may be forfeited under this
(4) If the President does not disapprove such determination
within such 60-day period, or if he notifies the Commission before
the close of such period that he approves such determination, then,
for purposes of paragraph (3) and subsection (c) of this section
such determination shall become final on the day after the close of
such period or the day on which the President notifies the
Commission of his approval, as the case may be.
(k) Period of effectiveness; termination of violation or
modification or rescission of exclusion or order
(1) Except as provided in subsections (f) and (j) of this
section, any exclusion from entry or order under this section shall
continue in effect until the Commission finds, and in the case of
exclusion from entry notifies the Secretary of the Treasury, that
the conditions which led to such exclusion from entry or order no
longer exist.
(2) If any person who has previously been found by the Commission
to be in violation of this section petitions the Commission for a
determination that the petitioner is no longer in violation of this
section or for a modification or rescission of an exclusion from
entry or order under subsection (d), (e), (f), (g), or (i) of this
(A) the burden of proof in any proceeding before the Commission
regarding such petition shall be on the petitioner; and
(B) relief may be granted by the Commission with respect to
such petition -
(i) on the basis of new evidence or evidence that could not
have been presented at the prior proceeding, or
(ii) on grounds which would permit relief from a judgment or
order under the Federal Rules of Civil Procedure.
(l) Importation by or for United States
Any exclusion from entry or order under subsection (d), (e), (f),
(g), or (i) of this section, in cases based on a proceeding
involving a patent, copyright, mask work, or design under
subsection (a)(1) of this section, shall not apply to any articles
imported by and for the use of the United States, or imported for,
and to be used for, the United States with the authorization or
consent of the Government. Whenever any article would have been
excluded from entry or would not have been entered pursuant to the
provisions of such subsections but for the operation of this
subsection, an owner of the patent, copyright, mask work, or design
adversely affected shall be entitled to reasonable and entire
compensation in an action before the United States Court of Federal
Claims pursuant to the procedures of section 1498 of title 28.
(m) ''United States'' defined
For purposes of this section and sections 1338 and 1340 (FOOTNOTE
1) of this title, the term ''United States'' means the customs
territory of the United States as defined in general note 2 of the
Harmonized Tariff Schedule of the United States.
(n) Disclosure of confidential information
(1) Information submitted to the Commission or exchanged among
the parties in connection with proceedings under this section which
is properly designated as confidential pursuant to Commission rules
may not be disclosed (except under a protective order issued under
regulations of the Commission which authorizes limited disclosure
of such information) to any person (other than a person described
in paragraph (2)) without the consent of the person submitting it.
(2) Notwithstanding the prohibition contained in paragraph (1),
information referred to in that paragraph may be disclosed to -
(A) an officer or employee of the Commission who is directly
concerned with -
(i) carrying out the investigation or related proceeding in
connection with which the information is submitted,
(ii) the administration of a bond posted pursuant to
subsection (e), (f), or (j) of this section,
(iii) the administration or enforcement of an exclusion order
issued pursuant to subsection (d), (e), or (g) of this section,
a cease and desist order issued pursuant to subsection (f) of
this section, or a consent order issued pursuant to subsection
(c) of this section,
(iv) proceedings for the modification or rescission of a
temporary or permanent order issued under subsection (d), (e),
(f), (g), or (i) of this section, or a consent order issued
under this section, or
(v) maintaining the administrative record of the
investigation or related proceeding,
(B) an officer or employee of the United States Government who
is directly involved in the review under subsection (j) of this
section, or
(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) of this section resulting from
the investigation or related proceeding in connection with which
the information is submitted.
(June 17, 1930, ch. 497, title III, Sec. 337, 46 Stat. 703; Proc.
No. 2695, July 4, 1946, 11 F.R. 7517, 60 Stat. 1352; Pub. L.
85-686, Sec. 9(c)(1), Aug. 20, 1958, 72 Stat. 679; Pub. L. 93-618,
title III, Sec. 341(a), Jan. 3, 1975, 88 Stat. 2053; Pub. L. 96-39,
title I, Sec. 106(b)(1), title XI, Sec. 1105, July 26, 1979, 93
Stat. 193, 310; Pub. L. 96-417, title VI, Sec. 604, Oct. 10, 1980,
94 Stat. 1744; Pub. L. 97-164, title I, Sec. 160(a)(5), 163(a)(4),
Apr. 2, 1982, 96 Stat. 48, 49; Pub. L. 98-620, title IV, Sec. 413,
Nov. 8, 1984, 98 Stat. 3362; Pub. L. 100-418, title I, Sec.
1214(h)(3), 1342(a), (b), Aug. 23, 1988, 102 Stat. 1157, 1212,
1215; Pub. L. 100-647, title IX, Sec. 9001(a)(7), (12), Nov. 10,
1988, 102 Stat. 3807; Pub. L. 102-563, Sec. 3(d), Oct. 28, 1992,
106 Stat. 4248; Pub. L. 103-465, title II, Sec. 261(d)(1)(B)(ii),
title III, Sec. 321(a), Dec. 8, 1994, 108 Stat. 4909, 4943; Pub. L.
104-295, Sec. 20(b)(11), (12), (c)(2), Oct. 11, 1996, 110 Stat.
3527, 3528; Pub. L. 106-113, div. B, Sec. 1000(a)(9) (title V,
Sec. 5005(b)), Nov. 29, 1999, 113 Stat. 1536, 1501A-594.)
The Trademark Act of 1946, referred to in subsec. (a)(1)(C), is
act July 5, 1946, ch. 540, 60 Stat. 427, as amended, also popularly
known as the Lanham Act, which is classified generally to chapter
22 (Sec. 1051 et seq.) of Title 15, Commerce and Trade. For
complete classification of this Act to the Code, see Short Title
note set out under section 1051 of Title 15 and Tables.
The Federal Rules of Civil Procedure, referred to in subsecs.
(e)(3), (h), and (k)(2)(B)(ii), are set out in the Appendix to
Title 28, Judiciary and Judicial Procedure.
Section 1340 of this title, referred to in subsec. (m), was
omitted from the Code.
in subsec. (m), is not set out in the Code. See Publication of
The reference to the Philippine Islands, formerly contained in
subsec. (k), was omitted because of independence of the Philippines
proclaimed by the President of the United States in Proc. No. 2695,
issued pursuant to section 1394 of Title 22, Foreign Relations and
Intercourse, and set out as a note thereunder.
1999 - Subsec. (a)(1)(A). Pub. L. 106-113, Sec. 1000(a)(9) (title
V, Sec. 5005(b)(1)(A)(i)), substituted ''(D), and (E)'' for ''and
(D)''.
Subsec. (a)(1)(E). Pub. L. 106-113, Sec. 1000(a)(9) (title V,
Sec. 5005(b)(1)(A)(ii)), added subpar. (E).
Subsec. (a)(2), (3). Pub. L. 106-113, Sec. 1000(a)(9) (title V,
Sec. 5005(b)(1)(B)), substituted ''mask work, or design'' for ''or
mask work''.
Subsec. (l). Pub. L. 106-113, Sec. 1000(a)(9) (title V, Sec.
5005(b)(2)), substituted ''mask work, or design'' for ''or mask
work'' in two places.
1996 - Subsec. (b)(3). Pub. L. 104-295, Sec. 20(c)(2), amended
Pub. L. 103-465, Sec. 321(a)(1)(C)(i). See 1994 Amendment note
Pub. L. 104-295, Sec. 20(b)(12), struck out ''such section and''
before ''such part II'' in first sentence.
Pub. L. 104-295, Sec. 20(b)(11), amended Pub. L. 103-465, Sec.
261(d)(1)(B)(ii)(I). See 1994 Amendment note below.
1994 - Subsec. (b). Pub. L. 103-465, Sec. 321(a)(1)(A), struck
out ''; time limits'' after ''Commission'' in heading.
Subsec. (b)(1). Pub. L. 103-465, Sec. 321(a)(1)(B), substituted
third and fourth sentences for ''The Commission shall conclude any
such investigation, and make its determination under this section,
at the earliest practicable time, but not later than one year (18
months in more complicated cases) after the date of publication of
notice of such investigation. The Commission shall publish in the
Federal Register its reasons for designating any investigation as a
more complicated investigation. For purposes of the one-year and
18-month periods prescribed by this subsection, there shall be
excluded any period of time during which such investigation is
suspended because of proceedings in a court or agency of the United
States involving similar questions concerning the subject matter of
such investigation.''
Subsec. (b)(3). Pub. L. 103-465, Sec. 321(a)(1)(C)(ii), struck
out after fourth sentence ''For purposes of computing the 1-year or
excluded such period of suspension.''
Pub. L. 103-465, Sec. 321(a)(1)(C)(i), as amended by Pub. L.
104-295, Sec. 20(c)(2), in first sentence, made technical amendment
to reference in original act which appears in text as reference to
''such part II''.
Pub. L. 103-465, Sec. 261(d)(1)(B)(ii)(II)-(V), in second
sentence, struck out ''1303,'' after ''purview of section'' and
comma after ''1671'' and made technical amendment to references to
sections 1671 and 1673 of this title to correct references to
corresponding sections of original act, in third sentence,
substituted ''1671'' for ''1303, 1671,'', and in last sentence,
struck out ''of the Secretary under section 1303 of this title or''
after ''Any final decision'' and substituted ''1671 or'' for
''1303, 1671, or''.
Pub. L. 103-465, Sec. 261(d)(1)(B)(ii)(I), as amended by Pub. L.
104-295, Sec. 20(b)(11), in first sentence, struck out reference to
section 1303 of this title after ''within the purview'' and made
technical amendment to reference to part II of subtitle IV of this
chapter by substituting in the original ''of subtitle B of title
VII of this Act'' for ''of section 303 or of subtitle B of title
VII of the Tariff Act of 1930''.
Subsec. (c). Pub. L. 103-465, Sec. 321(a)(2), in first sentence,
substituted ''an agreement between the private parties to the
investigation, including an agreement to present the matter for
arbitration'' for ''a settlement agreement'', inserted after third
sentence ''A respondent may raise any counterclaim in a manner
prescribed by the Commission. Immediately after a counterclaim is
received by the Commission, the respondent raising such
counterclaim shall file a notice of removal with a United States
district court in which venue for any of the counterclaims raised
by the party would exist under section 1391 of title 28. Any
counterclaim raised pursuant to this section shall relate back to
the date of the original complaint in the proceeding before the
Commission. Action on such counterclaim shall not delay or affect
the proceeding under this section, including the legal and
equitable defenses that may be raised under this subsection.'', and
inserted at end ''Determinations by the Commission under
subsections (e), (f), and (j) of this section with respect to
forfeiture of bonds and under subsection (h) of this section with
respect to the imposition of sanctions for abuse of discovery or
abuse of process shall also be reviewable in accordance with
section 706 of title 5.''
Subsec. (d). Pub. L. 103-465, Sec. 321(a)(5)(A), designated
existing provisions as par. (1), substituted ''there is a
violation'' for ''there is violation'' in first sentence, and added
par. (2).
Subsec. (e)(1). Pub. L. 103-465, Sec. 321(a)(3)(A), in last
sentence, substituted ''prescribed by the Secretary in an amount
the bond may be forfeited to the complainant.'' for ''determined by
the Commission and prescribed by the Secretary.''
Subsec. (e)(2). Pub. L. 103-465, Sec. 321(a)(3)(B), inserted at
end ''If the Commission later determines that the respondent has
not violated the provisions of this section, the bond may be
forfeited to the respondent.''
Subsec. (e)(4). Pub. L. 103-465, Sec. 321(a)(3)(C), added par.
Subsec. (f)(1). Pub. L. 103-465, Sec. 321(a)(4), inserted at end
''If a temporary cease and desist order is issued in addition to,
or in lieu of, an exclusion order under subsection (e) of this
section, the Commission may require the complainant to post a bond,
in an amount determined by the Commission to be sufficient to
protect the respondent from any injury, as a prerequisite to the
issuance of an order under this subsection. If the Commission
later determines that the respondent has not violated the
provisions of this section, the bond may be forfeited to the
respondent. The Commission shall prescribe the terms and
conditions under which the bonds may be forfeited under this
paragraph.''
Subsec. (g)(2)(C). Pub. L. 103-465, Sec. 321(a)(5)(B), added
subpar. (C).
Subsec. (j)(3). Pub. L. 103-465, Sec. 321(a)(6), substituted
''shall, until such determination becomes final, be entitled to
complainant from any injury. If the determination becomes final,
the bond may be forfeited to the complainant. The Commission shall
prescribe the terms and conditions under which bonds may be
forfeited under this paragraph.'' for ''shall be entitled to entry
under bond determined by the Commission and prescribed by the
Secretary until such determination becomes final.''
Subsec. (l). Pub. L. 103-465, Sec. 321(a)(8), substituted ''Court
of Federal Claims'' for ''Claims Court''.
Subsec. (n)(2)(A). Pub. L. 103-465, Sec. 321(a)(7)(A), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as
follows: ''an officer or employee of the Commission who is directly
concerned with carrying out the investigation in connection with
which the information is submitted,''.
Subsec. (n)(2)(C). Pub. L. 103-465, Sec. 321(a)(7)(B), amended
subpar. (C) generally. Prior to amendment, subpar. (C) read as
follows: ''an officer or employee of the United States Customs
Service who is directly involved in administering an exclusion from
entry under this section resulting from the investigation in
connection with which the information is submitted.''
1992 - Subsec. (b)(3). Pub. L. 102-563 amended second sentence
generally. Prior to amendment, second sentence read as follows:
''If the Commission has reason to believe the matter before it is
purview of section 1303, 1671, or 1673 of this title, it shall
terminate, or not institute, any investigation into the matter.''
1988 - Subsec. (a). Pub. L. 100-418, Sec. 1342(a)(1), amended
subsec. (a) generally. Prior to amendment, subsec. (a) read as
follows: ''Unfair methods of competition and unfair acts in the
importation of articles into the United States, or in their sale by
the owner, importer, consignee, or agent of either, the effect or
tendency of which is to destroy or substantially injure an
industry, efficiently and economically operated, in the United
States, or to prevent the establishment of such an industry, or to
restrain or monopolize trade and commerce in the United States, are
declared unlawful, and when found by the Commission to exist shall
be dealt with, in addition to any other provisions of law, as
provided in this section.''
Subsec. (b)(2). Pub. L. 100-418, Sec. 1342(b)(1)(A), substituted
''Department of Health and Human Services'' for ''Department of
Health, Education, and Welfare''.
Subsec. (b)(3). Pub. L. 100-418, Sec. 1342(b)(1)(B), substituted
''Secretary of Commerce'' for ''Secretary of the Treasury''.
Subsec. (c). Pub. L. 100-418, Sec. 1342(a)(2), inserted before
period at end of first sentence '', except that the Commission may,
by issuing a consent order or on the basis of a settlement
agreement, terminate any such investigation, in whole or in part,
without making such a determination''.
Pub. L. 100-418, Sec. 1342(b)(2), inserted reference to subsec.
(g) in two places.
Subsec. (e). Pub. L. 100-418, Sec. 1342(a)(3), designated
existing provisions as par. (1) and added pars. (2) and (3).
Subsec. (f)(1). Pub. L. 100-418, Sec. 1342(a)(4)(A), substituted
''In addition to, or in lieu of,'' for ''In lieu of''.
Subsec. (f)(2). Pub. L. 100-418, Sec. 1342(a)(4)(B), substituted
''$100,000 or twice'' for ''$10,000 or''.
Subsecs. (g) to (i). Pub. L. 100-418, Sec. 1342(a)(5), added
subsecs. (g) to (i). Former subsecs. (g) to (i) redesignated (j) to
Subsec. (j). Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated
former subsec. (g) as (j). Former subsec. (j) redesignated (m).
Subsec. (j)(1)(B), (2), (3). Pub. L. 100-418, Sec. 1342(b)(3),
inserted reference to subsecs. (g) and (i).
Subsec. (k). Pub. L. 100-418, Sec. 1342(b)(4), which directed the
substitution ''(j)'' for ''(g)'' was executed by making that
substitution in par. (1) and not in par. (2), as added by Pub. L.
100-418, Sec. 1342(a)(6), to reflect the probable intent of
Congress.
Pub. L. 100-418, Sec. 1342(a)(6), as amended by Pub. L. 100-647,
Sec. 9001(a)(7), designated existing provisions as par. (1) and
Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated former subsec.
(h) as (k).
Subsec. (l). Pub. L. 100-418, Sec. 1342(b)(5), inserted reference
to subsecs. (g) and (i).
Pub. L. 100-418, Sec. 1342(a)(7), substituted ''a proceeding
involving a patent, copyright, or mask work under subsection
(a)(1)'' for ''claims of United States letters patent'' and ''an
owner of the patent, copyright, or mask work'' for ''a patent
owner''.
(i) as (l).
Subsec. (m). Pub. L. 100-418, Sec. 1342(a)(5)(A), redesignated
former subsec. (j) as (m).
Pub. L. 100-418, Sec. 1214(h)(3), substituted ''general note 2 of
the Harmonized Tariff Schedule of the United States'' for ''general
headnote 2 of the Tariff Schedules of the United States''.
Subsec. (n). Pub. L. 100-418, Sec. 1342(a)(8), added subsec. (n).
Subsec. (n)(2)(B). Pub. L. 100-647, Sec. 9001(a)(12), substituted
''subsection (j)'' for ''subsection (h)''.
1984 - Subsec. (c). Pub. L. 98-620 inserted '', within 60 days
after the determination becomes final,'' after ''appeal such
determination''.
1982 - Subsec. (c). Pub. L. 97-164, Sec. 163(a)(4), substituted
''Court of Appeals for the Federal Circuit'' for ''Court of Customs
and Patent Appeals''.
Subsec. (i). Pub. L. 97-164, Sec. 160(a)(5), substituted ''United
States Claims Court'' for ''Court of Claims''.
1980 - Subsec. (c). Pub. L. 96-417 provided that the appeal of
determinations to the United States Court of Customs and Patent
Appeals be reviewed in accordance with chapter 7 of title 5 and
substituted provision that review of findings concerning the public
the United States, and United States consumers, the amount and
nature of bond, or the appropriate remedy, be in accordance with
section 706 of title 5 for provision giving such court jurisdiction
to review determinations in same manner and subject to same
limitations and conditions as in case of appeals from decisions of
the United States Customs Court.
1979 - Subsec. (b)(3). Pub. L. 96-39, Sec. 1105(a), substituted
''a matter, in whole or in part,'' for ''the matter'' and inserted
provisions relating to matters based solely or in part on alleged
acts and effects within the purview of section 1303, 1671, or 1673
Pub. L. 96-39, Sec. 106(b)(1), substituted ''part II of subtitle
IV of this chapter'' for ''the Antidumping Act, 1921''.
Subsec. (c). Pub. L. 96-39, Sec. 1105(c), substituted ''Any
person adversely affected by a final determination of the
Commission under subsection (d), (e), or (f) of this section'' for
''Any person adversely affected by a final determination of the
Commission under subsection (d) or (e) of this section''.
Subsec. (f). Pub. L. 96-39, Sec. 1105(b), designated existing
provisions as par. (1) and added par. (2).
1975 - Subsec. (a) Pub. L. 93-618 substituted ''Commission'' for
''President'' and ''as provided in this section'' for ''as
hereinafter provided''.
Subsec. (b). Pub. L. 93-618 designated existing provisions as
first sentence of par. (1), substituted ''The Commission shall
investigate any alleged violation of this section'' for ''To assist
the President in making any decisions under this section the
commission is authorized to investigate any alleged violation
hereof'' in first sentence of par. (1) as so designated, and added
remainder of par. (1) and pars. (2) and (3).
Subsec. (c). Pub. L. 93-618 substituted provisions covering
determinations by the Commission and appeals to the United States
Court of Customs and Patent Appeals for provisions covering all
aspects of hearings and review as part of investigations of unfair
practices in import trade.
Subsec. (d). Pub. L. 93-618 substituted provisions covering the
exclusion of articles from entry, formerly covered in subsec. (e),
for provisions directing that final findings of the Commission be
transmitted with the record to the President, covered by subsec.
(g).
Subsec. (e). Pub. L. 93-618 substituted provisions covering the
entry of articles under bond during investigation, formerly covered
in subsec. (f), for provisions covering the exclusion of articles
from entry, covered by subsec. (d).
Subsec. (f). Pub. L. 93-618 added subsec. (f). Provisions of
former subsec. (f) covering entry of articles under bond are
covered by subsec. (e).
Subsec. (g). Pub. L. 93-618 substituted provisions covering
referral to the President, formerly covered by subsec. (d), for
provisions covering the continuance of exclusion, covered by
subsec. (h).
Subsec. (h). Pub. L. 93-618 substituted provisions covering the
period of effectiveness, formerly covered by subsec. (g), for
provisions defining ''United States'', covered by subsec. (j).
Subsec. (i). Pub. L. 93-618 added subsec. (i).
Subsec. (j). Pub. L. 93-618 added subsec. (j) defining ''United
States'', formerly covered by subsec. (h).
1958 - Subsec. (c). Pub. L. 85-686 struck out ''under and in
accordance with such rules as it may promulgate'' after
''commission shall make such investigation''. See section 1335 of
Amendment by section 261(d)(1)(B)(ii) of Pub. L. 103-465
effective on effective date of title II of Pub. L. 103-465, Jan. 1,
1995, see section 261(d)(2) of Pub. L. 103-465, set out as a note
Section 322 of title III of Pub. L. 103-465 provided that: ''The
amendments made by this subtitle (subtitle C (Sec. 321, 322) of
title III of Pub. L. 103-465, enacting sections 1368 and 1659 of
Title 28, Judiciary and Judicial Procedure, and amending this
section and section 1446 of Title 28) apply -
''(1) with respect to complaints filed under section 337 of the
Tariff Act of 1930 (19 U.S.C. 1337) on or after the date on which
the WTO Agreement enters into force with respect to the United
States (Jan. 1, 1995), or
''(2) in cases under such section 337 in which no complaint is
filed, with respect to investigations initiated under such
section on or after such date.''
Amendment by section 1214(h)(3) of Pub. L. 100-418 effective Jan.
1, 1989, and applicable with respect to articles entered on or
after such date, see section 1217(b)(1) of Pub. L. 100-418, set out
as an Effective Date note under section 3001 of this title.
Section 1342(d) of Pub. L. 100-418 provided that:
''(1)(A) Subject to subparagraph (B), the amendments made by this
section (amending this section and repealing section 1337a of this
title) shall take effect on the date of the enactment of this Act
(Aug. 23, 1988).
''(B) The United States International Trade Commission is not
required to apply the provision in section 337(e)(2) of the Tariff
Act of 1930 (19 U.S.C. 1337(e)(2)) (as amended by subsection (a)(3)
of this section) relating to the posting of bonds until the earlier
of -
''(i) the 90th day after such date of enactment; or
''(ii) the day on which the Commission issues interim
regulations setting forth the procedures relating to such
''(2) Notwithstanding any provision of section 337 of the Tariff
Act of 1930, the United States International Trade Commission may
extend, by not more than 90 days, the period within which the
Commission is required to make a determination in an investigation
conducted under such section 337 if -
''(A) the Commission would, but for this paragraph, be required
to make such determination before the 180th day after the date of
enactment of this Act; and
''(B) the Commission finds that the investigation is
complicated.''
Amendment by Pub. L. 97-164 effective Oct. 1, 1982, see section
402 of Pub. L. 97-164, set out as a note under section 171 of Title
28, Judiciary and Judicial Procedure.
Amendment by Pub. L. 96-417 applicable with respect to civil
actions commenced on or after Nov. 1, 1980, see section 701(b)(2)
Judiciary and Judicial Procedure.
Amendment by section 106(b)(1) of Pub. L. 96-39 effective Jan. 1,
1980, see section 107 of Pub. L. 96-39, set out as an Effective
Amendment by section 1105 of Pub. L. 96-39 effective July 26,
1979, see section 1114 of Pub. L. 96-39, set out as an Effective
made by this section (amending this section and section 1337 of
this title) shall take effect on the 90th day after the date of the
enactment of this Act (Jan. 3, 1975), except that, for purposes of
issuing regulations under section 337 of the Tariff Act of 1930
(this section), such amendments shall take effect on the date of
the enactment of this Act (Jan. 3, 1975). For purposes of applying
section 337(b) of the Tariff Act of 1930 (subsec. (b) of this
section) (as amended by subsection (a) (as amended by section
341(a) of Pub. L. 93-618)) with respect to investigations being
conducted by the International Trade Commission under section 337
of the Tariff Act (this section) on the day prior to the 90th day
after the date of the enactment of this Act (Jan. 3, 1975), such
investigations shall be considered as having been commenced on such
90th day.''
CONGRESSIONAL FINDINGS AND PURPOSES RESPECTING PART 3 OF PUB. L.
Section 1341 of Pub. L. 100-418 provided that:
''(a) Findings. - The Congress finds that -
''(1) United States persons that rely on protection of
intellectual property rights are among the most advanced and
competitive in the world; and
''(2) the existing protection under section 337 of the Tariff
Act of 1930 (this section) against unfair trade practices is
cumbersome and costly and has not provided United States owners
of intellectual property rights with adequate protection against
foreign companies violating such rights.
''(b) Purpose. - The purpose of this part (part 3 (Sec. 1341,
1342) of subtitle C of title I of Pub. L. 100-418, amending this
section, repealing section 1337a of this title, and enacting
provisions set out as a note above) is to amend section 337 of the
Tariff Act of 1930 to make it a more effective remedy for the
protection of United States intellectual property rights.''
This section is referred to in sections 1332, 1339, 1514, 2171,
2252 of this title; title 6 section 215; title 17 sections 910,
1328; title 28 sections 1295, 1368, 1446, 1659.
Sec. 1337a. Repealed. Pub. L. 100-418, title I, Sec. 1342(c), Aug.
23, 1988, 102 Stat. 1215
Section, act July 2, 1940, ch. 515, 54 Stat. 724, related to
importation of products produced under process covered by claims of
unexpired patent.
Repeal effective Aug. 23, 1988, see section 1342(d) of Pub. L.
100-418, set out as an Effective Date of 1988 Amendment note under
Sec. 1338. Discrimination by foreign countries
(a) Additional duties
The President when he finds that the public interest will be
served shall by proclamation specify and declare new or additional
duties as hereinafter provided upon articles wholly or in part the
growth or product of, or imported in a vessel of, any foreign
country whenever he shall find as a fact that such country -
(1) Imposes, directly or indirectly, upon the disposition in or
transportation in transit through or reexportation from such
country of any article wholly or in part the growth or product of
the United States any unreasonable charge, exaction, regulation,
or limitation which is not equally enforced upon the like
articles of every foreign country; or
(2) Discriminates in fact against the commerce of the United
States, directly or indirectly, by law or administrative
regulation or practice, by or in respect to any customs, tonnage,
or port duty, fee, charge, exaction, classification, regulation,
condition, restriction, or prohibition, in such manner as to
place the commerce of the United States at a disadvantage
compared with the commerce of any foreign country.
(b) Exclusion from importation
If at any time the President shall find it to be a fact that any
foreign country has not only discriminated against the commerce of
the United States, as aforesaid, but has, after the issuance of a
proclamation as authorized in subdivision (a) of this section,
maintained or increased its said discriminations against the
commerce of the United States, the President is authorized, if he
deems it consistent with the interests of the United States, to
issue a further proclamation directing that such products of said
country or such articles imported in its vessels as he shall deem
consistent with the public interests shall be excluded from
importation into the United States.
(c) Application of proclamation
Any proclamation issued by the President under the authority of
this section shall, if he deems it consistent with the interests of
the United States, extend to the whole of any foreign country or
may be confined to any subdivision or subdivisions thereof; and the
President shall, whenever he deems the public interests require,
suspend, revoke, supplement, or amend any such proclamation.
(d) Duties to offset commercial disadvantages
Whenever the President shall find as a fact that any foreign
country places any burden or disadvantage upon the commerce of the
United States by any of the unequal impositions or discriminations
aforesaid, he shall, when he finds that the public interest will be
served thereby, by proclamation specify and declare such new or
additional rate or rates of duty as he shall determine will offset
such burden or disadvantage, not to exceed 50 per centum ad valorem
or its equivalent, on any products of, or on articles imported in a
vessel of, such foreign country; and thirty days after the date of
such proclamation there shall be levied, collected, and paid upon
the articles enumerated in such proclamation when imported into the
United States from such foreign country such new or additional rate
or rates of duty; or, in case of articles declared subject to
exclusion from importation into the United States under the
provisions of subdivision (b) of this section, such articles shall
be excluded from importation.
(e) Duties to offset benefits to third country
country imposes any unequal imposition or discrimination as
aforesaid upon the commerce of the United States, or that any
benefits accrue or are likely to accrue to any industry in any
foreign country by reason of any such imposition or discrimination
imposed by any foreign country other than the foreign country in
which such industry is located, and whenever the President shall
determine that any new or additional rate or rates of duty or any
prohibition hereinbefore provided for do not effectively remove
such imposition or discrimination and that any benefits from any
such imposition or discrimination accrue or are likely to accrue to
any industry in any foreign country, he shall, when he finds that
the public interest will be served thereby, by proclamation specify
and declare such new or additional rate or rates of duty upon the
articles wholly or in part the growth or product of any such
industry as he shall determine will offset such benefits, not to
exceed 50 per centum ad valorem or its equivalent, upon importation
from any foreign country into the United States of such articles;
and on and after thirty days after the date of any such
proclamation such new or additional rate or rates of duty so
specified and declared in such proclamation shall be levied,
collected, and paid upon such articles.
(f) Forfeiture of articles
All articles imported contrary to the provisions of this section
shall be forfeited to the United States and shall be liable to be
seized, prosecuted, and condemned in like manner and under the same
regulations, restrictions, and provisions as may from time to time
be established for the recovery, collection, distribution, and
remission of forfeitures to the United States by the several
revenue laws. Whenever the provisions of this chapter shall be
applicable to importations into the United States of articles
wholly or in part the growth or product of any foreign country,
they shall be applicable thereto whether such articles are imported
directly or indirectly.
(g) Ascertainment by Commission of discriminations
It shall be the duty of the commission to ascertain and at all
times to be informed whether any of the discriminations against the
commerce of the United States enumerated in subdivisions (a), (b),
and (e) of this section are practiced by any country; and if and
when such discriminatory acts are disclosed, it shall be the duty
of the commission to bring the matter to the attention of the
President, together with recommendations.
(h) Rules and regulations of Secretary of the Treasury
The Secretary of the Treasury with the approval of the President
shall make such rules and regulations as are necessary for the
execution of such proclamations as the President may issue in
(i) ''Foreign country'' defined
When used in this section the term ''foreign country'' means any
empire, country, dominion, colony or protectorate, or any
subdivision or subdivisions thereof (other than the United States
and its possessions), within which separate tariff rates or
separate regulations of commerce are enforced.
Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Custom duties