19 USC Ch. 4: Front Matter
From Title 19-CUSTOMS DUTIESCHAPTER 4-TARIFF ACT OF 1930
CHAPTER 4-TARIFF ACT OF 1930
SUBTITLE I-HARMONIZED TARIFF SCHEDULE OF THE UNITED STATES
Sec.
1202.
Harmonized Tariff Schedule.
SUBTITLE II-SPECIAL PROVISIONS
Part I-Miscellaneous
1301 to 1303. Repealed or Omitted.
1304.
Marking of imported articles and containers.
(a)
Marking of articles.
(b)
Marking of containers.
(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.
Cattle, sheep, swine, and meats; importation prohibited in certain cases.
(a)
In general.
(b)
Exception.
(c)
Regulations.
1307.
Convict-made goods; importation prohibited.
1308.
Repealed.
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 specifications.
(d)
Flavoring extracts; medicinal or toilet preparations; bottled distilled spirits and wines.
(e)
Imported salt for curing fish.
(f)
Exportation of meats cured with imported salt.
(g)
Materials for construction and equipment of vessels built for foreigners.
(h)
Jet aircraft engines.
(i)
Time limitation on exportation.
(j)
Unused merchandise drawback.
(k)
Use of domestic merchandise acquired in exchange for imported merchandise of same kind and quality.
(l)
Regulations.
(m)
Source of payment.
(n)
Refunds, waivers, or reductions under North American Free Trade Agreement Implementation Act.
(o)
Vessels built for account of resident of NAFTA country.
(p)
Substitution of finished petroleum derivatives.
(q)
Packaging material.
(r)
Filing drawback claims.
(s)
Designation of merchandise by successor.
(t)
Drawback certificates.
(u)
Eligibility of entered or withdrawn merchandise.
(v)
Multiple drawback claims.
(w)
Limited applicability for certain agricultural products.
1313a.
Appropriations for refunds, drawbacks, bounties, etc.
1314.
Repealed.
1315.
Effective date of rates of duty.
(a)
Articles entered or withdrawn from warehouse for consumption.
(b)
Articles removed from intended place of release.
(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.
1320.
Repealed.
1321.
Administrative exemptions.
(a)
Disregard of minor discrepancies in collection of taxes and duties; admission of articles free of duty or tax; limit on amount of exemption.
(b)
Reduction or modification of exemption.
1322.
International traffic and rescue work; United States-Mexico Boundary Treaty of 1970.
(a)
Vehicles and other instruments of international traffic except communications satellites.
(b)
Rescue and relief equipment; personal property related to use of land under United States-Mexico Boundary Treaty of 1970; forfeit of articles to United States.
1323.
Conservation of fishery resources.
Part II-United States International Trade Commission
1330.
Organization of Commission.
(a)
Membership.
(b)
Terms of office.
(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 Act.
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; definitions.
(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 process.
(i)
Forfeiture.
(j)
Referral to President.
(k)
Period of effectiveness; termination of violation or modification or rescission of exclusion or order.
(l)
Importation by or for United States.
(m)
"United States" defined.
(n)
Disclosure of confidential information.
1337a.
Repealed.
1338.
Discrimination by foreign countries.
(a)
Additional duties.
(b)
Exclusion from importation.
(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 agencies.
(c)
Definitions.
1340.
Omitted.
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 rates.
(c)
Definitions.
(d)
Rate basis for additional increases or decreases; restoration of terminated treaties forbidden.
(e)
Repealed.
(f)
Information and advice from industry, agriculture, and labor.
1352.
Equalization of costs of production.
(a)
Application to importation of articles under foreign-trade agreement.
(b)
Termination of foreign trade agreement.
(c)
Termination of authority of President.
1352a.
Repealed.
1353.
Indebtedness of foreign countries, effect on.
1354.
Notice of intention to negotiate agreement; opportunity to be heard; President to seek information and advice.
1355 to 1356j. Repealed or Omitted.
1356k.
Importation of coffee under International Coffee Agreement, 1983; Presidential powers and duties.
1356l.
"Coffee" defined.
1356m to 1359. Repealed.
1360.
Investigation before trade negotiations.
(a)
Report by International Trade Commission.
(b)
Procedures and determinations.
1361.
Action by President; reports to Congress.
(a)
Transmittal by President of trade agreement and message to Congress.
(b)
Transmittal by Commission of copy of report to the President to Congressional committees.
1362 to 1365. Repealed.
1366.
General Agreement on Tariff and Trade unaffected.
1367.
Repealed.
SUBTITLE III-ADMINISTRATIVE PROVISIONS
Part I-Definitions and National Customs Automation Program
subpart a-definitions
1401.
Miscellaneous.
(a)
Vessel.
(b)
Vehicle.
(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 used.
(g)
Special rules.
(h)
Definitions.
1402.
Repealed.
subpart b-national customs automation program
1411.
National Customs Automation Program.
(a)
Establishment.
(b)
Participation in Program.
(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 information.
(d)
Regulations.
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.
1437.
Repealed.
1438.
Unlawful return of foreign vessel's papers.
1439, 1440. Repealed.
1441.
Exceptions to vessel entry and clearance requirements.
1442.
Residue cargo.
1443 to 1445. Repealed.
1446.
Supplies and stores retained on board.
1447.
Place of entry and unlading.
1448.
Unlading.
(a)
Permits and preliminary entries.
(b)
Special delivery permit.
1449.
Unlading at port of entry.
1450.
Unlading on Sundays, holidays, or during overtime hours.
1451.
Extra compensation.
1451a.
Repealed.
1452.
Lading on Sundays, holidays, or at night.
1453.
Lading and unlading of merchandise or baggage; penalties.
1454.
Unlading of passengers; penalty.
1455.
Boarding and discharging inspectors.
1456.
Compensation and expenses of inspectors between ports; reimbursement.
1457.
Time for unlading.
1458.
Bulk cargo, time for unlading.
1459.
Reporting requirements for individuals.
(a)
Individuals arriving other than by conveyance.
(b)
Individuals arriving by reported conveyance.
(c)
Individuals arriving by unreported conveyance.
(d)
Departure from designated customs facilities.
(e)
Unlawful acts.
(f)
Civil penalty.
(g)
Criminal penalty.
1460.
Repealed.
1461.
Inspection of merchandise and baggage.
1462.
Forfeiture.
1463.
Sealed vessels and vehicles.
1464.
Penalties in connection with sealed vessels and vehicles.
1465.
Repealed.
1466.
Equipment and repairs of vessels.
(a)
Vessels subject to duty; penalties.
(b)
Notice.
(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.
(a)
In general.
(b)
Shipments not purchased and not shipped by manufacturer.
(c)
Importer provision of information.
(d)
Exceptions by regulations.
1482, 1483. Repealed.
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.
1484a.
Articles returned from space not to be construed as importation.
1484b.
Deferral of duty on large yachts imported for sale at United States boat shows.
(a)
In general.
(b)
Definition.
(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 corporations.
(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.
1488, 1489. Repealed.
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.
(a)
In general.
(b)
Value of controlled substances.
1498.
Entry under regulations.
(a)
Authorized for certain merchandise.
(b)
Application of general provisions.
1499.
Examination of merchandise.
(a)
Entry examination.
(b)
Testing laboratories.
(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.
1503a.
Repealed.
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, fees, and interest.
(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.
(a)
In general.
(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.
1511.
Repealed.
1512.
Deposit of duty receipts.
1513.
Customs officer's immunity.
1514.
Protest against decisions of Customs Service.
(a)
Finality of decisions; return of papers.
(b)
Finality of determinations.
(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 review.
(d)
Voiding denial of protest.
1516.
Petitions by domestic interested parties.
(a)
Request for classification and rate of duty; petition.
(b)
Determination on petition.
(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.
(f)
Definitions.
(g)
Review of countervailing duty and antidumping duty determinations involving free trade area country merchandise.
1517 to 1519. Repealed.
1520.
Refunds and errors.
(a)
Cases in which refunds authorized.
(b)
Authorization of appropriations.
(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.
1525.
Repealed.
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 law.
(a)
Importation prohibited.
(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.
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.
(a)
Customs officers.
(b)
Officers of Department of the Treasury.
(c)
Penalty for presenting forged, altered, or false documents.
(d)
Penalty for failure to stop at command.
(e)
Seizure of vessel or merchandise.
(f)
Duty of customs officers to seize vessel.
(g)
Vessels deemed employed within United States.
(h)
Application of section to treaties of United States.
1582.
Search of persons and baggage; regulations.
1583.
Repealed.
1584.
Falsity or lack of manifest; penalties.
(a)
General rule.
(b)
Procedures.
1585.
Repealed.
1586.
Unlawful unlading or transshipment.
(a)
Penalty for unlading prior to grant of permission.
(b)
Penalty for transshipment to any vessel for purpose of unlawful entry.
(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 cargo.
(c)
Vessel bona fide bound from one foreign port to another foreign port.
1588.
Transportation between American ports via foreign ports.
1589.
Repealed.
1589a.
Enforcement authority of customs officers.
1590.
Aviation smuggling.
(a)
In general.
(b)
Sea transfers.
(c)
Civil penalties.
(d)
Criminal penalties.
(e)
Seizure and forfeiture.
(f)
"Merchandise" defined.
(g)
Intent of transfer of merchandise.
1591.
Repealed.
1592.
Penalties for fraud, gross negligence, and negligence.
(a)
Prohibition.
(b)
Procedures.
(c)
Maximum penalties.
(d)
Deprivation of lawful duties, taxes, or fees.
(e)
Court of International Trade proceedings.
(f)
False certifications regarding exports to NAFTA countries.
1592a.
Special provisions regarding certain violations.
(a)
Publication of names of certain violators.
(b)
List of high risk countries.
1593.
Repealed.
1593a.
Penalties for false drawback claims.
(a)
Prohibition.
(b)
Procedures.
(c)
Maximum penalties.
(d)
Deprivation of lawful revenue.
(e)
Drawback compliance program.
(f)
Alternatives to penalties.
(g)
Repetitive violations.
(h)
Regulation.
(i)
Court of International Trade proceedings.
1594.
Seizure of conveyances.
(a)
In general.
(b)
Exceptions.
(c)
Prohibited merchandise on conveyance.
(d)
Definitions.
(e)
Costs and expenses of seizure.
1595.
Searches and seizures.
(a)
Warrant.
(b)
Entry upon property of others.
1595a.
Forfeitures and other penalties.
(a)
Importation, removal, etc. contrary to laws of United States.
(b)
Penalty for aiding unlawful importation.
(c)
Merchandise introduced contrary to law.
1596 to 1598. Repealed.
1599.
Officers not to be interested in vessels or cargo.
1600.
Application of the customs laws to other seizures by customs officers.
1601, 1601a. Repealed.
1602.
Seizure; report to customs officer.
1603.
Seizure; warrants and reports.
1604.
Seizure; prosecution.
1605.
Seizure; custody; storage.
1606.
Seizure; appraisement.
1607.
Seizure; value $500,000 or less, prohibited articles, transporting conveyances.
(a)
Notice of seizure.
(b)
"Controlled substance" and "listed chemical" defined.
(c)
Report to Congress.
1608.
Seizure; claims; judicial condemnation.
1609.
Seizure; summary forfeiture and sale.
(a)
In general.
(b)
Effect.
1610.
Seizure; judicial forfeiture proceedings.
1611.
Seizure; sale unlawful.
1612.
Seizure; summary sale.
1613.
Disposition of proceeds of forfeited property.
(a)
Application for remission of forfeiture and restoration of proceeds of sale; disposition of proceeds when no application has been made.
(b)
Disposition of proceeds in excess of penalty assessed under section 1592.
(c)
Treatment of deposits.
(d)
Expenses.
1613a.
Repealed.
1613b.
Customs Forfeiture Fund.
(a)
In general.
(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.
1616.
Repealed.
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.
(a)
In general.
(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 decisions.
(e)
Public information.
1626.
Steel products trade enforcement.
(a)
Export validation requirement.
(b)
Period of applicability.
1627.
Repealed.
1627a.
Unlawful importation or exportation of certain vehicles; inspections.
(a)
Violations; penalties; seizures and forfeitures.
(b)
Regulations; violations; penalties.
(c)
Definitions.
(d)
Cooperation of law enforcement and governmental authorities.
1628.
Exchange of information.
(a)
In general.
(b)
Nondisclosure and uses of information provided.
(c)
Government agency of NAFTA country.
1629.
Inspections and preclearance in foreign countries.
(a)
In general.
(b)
Functions and duties.
(c)
Compliance.
(d)
Seizures.
(e)
Stationing of foreign customs officers in the United States.
(f)
Application of certain laws.
1630.
Authority to settle claims.
(a)
In general.
(b)
Limitations.
(c)
Final settlement.
1631.
Use of private collection agencies.
(a)
In general.
(b)
Contract requirements.
(c)
Payment of costs.
Part VI-Miscellaneous Provisions
1641.
Customs brokers.
(a)
Definitions.
(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.
1642.
Omitted.
1643.
Application of customs reorganization act.
1644.
Application of section 1644a(b)(1) of this title and section 1518(d) of title 33.
1644a.
Ports of entry.
(a)
Definitions.
(b)
Secretary of the Treasury.
(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.
1646.
Repealed.
1646a.
Supervision by customs officers.
1646b.
Random customs inspections for stolen automobiles being exported.
1646c.
Export reporting requirement.
1647.
Repealed.
1648.
Uncertified checks, United States notes, and national bank notes receivable for customs duties.
1649.
Change in designation of customs attachés.
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.
(a)
General rule.
(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 investigation.
(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 authority.
(e)
Critical circumstances determinations.
(f)
Notice of determination.
(g)
Time period where upstream subsidization is involved.
1671c.
Termination or suspension of investigation.
(a)
Termination of investigation upon withdrawal of petition.
(b)
Agreements to eliminate or offset completely a countervailable subsidy or to cease exports of subject merchandise.
(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.
(a)
In general.
(b)
Importer requirements.
Part II-Imposition of Antidumping Duties
1673.
Imposition of antidumping duties.
1673a.
Procedures for initiating an antidumping duty investigation.
(a)
Initiation by administering authority.
(b)
Initiation by petition.
(c)
Petition determination.
(d)
Notification to Commission of determination.
(e)
Information regarding critical circumstances.
1673b.
Preliminary determinations.
(a)
Determination by Commission of reasonable indication of injury.
(b)
Preliminary determination by administering authority.
(c)
Extension of period in extraordinarily complicated cases.
(d)
Effect of determination by the administering authority.
(e)
Critical circumstances determinations.
(f)
Notice of determination.
1673c.
Termination or suspension of investigation.
(a)
Termination of investigation upon withdrawal of petition.
(b)
Agreements to eliminate completely sales at less than fair value or to cease exports of merchandise.
(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 investigation initiated by administering authority.
(l)
Special rule for nonmarket economy countries.
(m)
Special rule for regional industry investigations.
1673d.
Final determinations.
(a)
Final determination by administering authority.
(b)
Final determination by Commission.
(c)
Effect of final determinations.
(d)
Publication of notice of determinations.
(e)
Correction of ministerial errors.
1673e.
Assessment of duty.
(a)
Publication of antidumping duty order.
(b)
Imposition of duty.
(c)
Security in lieu of estimated duty pending early determination of duty.
(d)
Special rule for regional industries.
1673f.
Treatment of difference between deposit of estimated antidumping duty and final assessed duty under antidumping duty order.
(a)
Deposit of estimated antidumping duty under section 1673b(d)(1)(B) of this title.
(b)
Deposit of estimated antidumping duty under section 1673e(a)(3) of this title.
1673g.
Conditional payment of antidumping duty.
(a)
General rule.
(b)
Importer requirements.
1673h.
Establishment of product categories for short life cycle merchandise.
(a)
Establishment of product categories.
(b)
Definitions.
(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 exists.
(g)
Reviews to implement results of subsidies enforcement proceeding.
(h)
Correction of ministerial errors.
1675a.
Special rules for section 1675(b) and 1675(c) reviews.
(a)
Determination of likelihood of continuation or recurrence of material injury.
(b)
Determination of likelihood of continuation or recurrence of a countervailable subsidy.
(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 investigations.
(a)
In general.
(b)
Investigation procedure and schedule.
(c)
Pending and suspended countervailing duty investigations.
(d)
Publication in Federal Register.
(e)
Request for simultaneous expedited review under section 1675(c).
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.
(a)
In general.
(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 price.
(e)
Special rule for merchandise with value added after importation.
(f)
Special rule for determining profit.
1677b.
Normal value.
(a)
Determination.
(b)
Sales at less than cost of production.
(c)
Nonmarket economy countries.
(d)
Special rule for certain multinational corporations.
(e)
Constructed value.
(f)
Special rules for calculation of cost of production and for calculation of constructed value.
1677b–1.
Currency conversion.
(a)
In general.
(b)
Sustained movement in foreign currency value.
1677c.
Hearings.
(a)
Investigation hearings.
(b)
Procedures.
1677d.
Countervailable subsidy practices discovered during a proceeding.
1677e.
Determinations on basis of facts available.
(a)
In general.
(b)
Adverse inferences.
(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.
(e)
Repealed.
(f)
Disclosure of proprietary information under protective orders issued pursuant to the North American Free Trade Agreement or the United States-Canada Agreement.
(g)
Information relating to violations of protective orders and sanctions.
(h)
Opportunity for comment by consumers and industrial users.
(i)
Publication of determinations; requirements for final determinations.
1677f–1.
Sampling and averaging; determination of weighted average dumping margin and countervailable subsidy rate.
(a)
In general.
(b)
Selection of averages and samples.
(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.
(a)
General rule.
(b)
Rate.
1677h.
Drawback treatment.
1677i.
Downstream product monitoring.
(a)
Petition requesting monitoring.
(b)
Monitoring by Commission.
(c)
Action on basis of monitoring reports.
(d)
Definitions.
1677j.
Prevention of circumvention of antidumping and countervailing duty orders.
(a)
Merchandise completed or assembled in United States.
(b)
Merchandise completed or assembled in other foreign countries.
(c)
Minor alterations of merchandise.
(d)
Later-developed merchandise.
(e)
Commission advice.
(f)
Time limits for administering authority determinations.
1677k.
Third-country dumping.
(a)
Definitions.
(b)
Petition by domestic industry.
(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.
Chapter Referred to in Other Sections
This chapter is referred to in sections 81c, 3538 of this title; title 7 section 624; title 13 section 301; title 15 section 69d; title 16 section 1540; title 26 sections 993, 5007; title 33 section 2236; title 42 section 9163.