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19 U.S.C. § 2515 — Monitoring and enforcement

submitted 47 years ago by Pub. L. 96-39 to r/title-19-CUSTOMS-DUTIES · 385 words · no verdicts yet

in plain englishAI-generated · not legal advice

The President and Treasury Secretary must address monitoring, enforcement, product origin rulings, fraud penalties, and reports about origin practices.

(a) Monitoring and enforcement structure recommendations. When preparing recommendations to reorganize trade functions, the President must ensure careful consideration of monitoring and enforcing the Agreement and this subchapter, especially the tender procedures required by the Agreement or otherwise agreed to by a country or instrumentality likely to be designated under section 2511(b).

(b) Rules of origin. (1) Advisory rulings and final determinations. For this subchapter, the Treasury Secretary must arrange for prompt advisory rulings and final decisions on whether an article is or would be a product of a foreign country or instrumentality designated under section 2511(b), applying section 2518(4)(B). (2) Penalties for fraudulent conduct. In addition to other applicable laws, 18 U.S.C. § 1001 applies to fraudulent conduct about product origin when qualifying for a section 2511 waiver or avoiding a section 2512 prohibition.

(c) Report to Congress on rules of origin. (1) Domestic administrative practices. As soon as practical after the two-year period beginning when a section 2511(a) waiver first takes effect, the President must send Congress a report evaluating administrative practices under laws requiring decisions about the country of origin of goods, products, commodities, or other commercial articles. The report must include recommendations for legislative and executive steps to improve, simplify, and make those practices more uniform and consistent. It must consider the special problems of United States insular possessions. (2) Foreign administrative practices. The report must also evaluate the origin-country decision practices under each major industrial country's laws, including how those practices affect United States exports.

the actual law source: uscode.house.gov ↗public domain
(a) Monitoring and enforcement structure recommendations

In the preparation of the recommendations for the reorganization of trade functions, the President shall ensure that careful consideration is given to monitoring and enforcing the requirements of the Agreement and this subchapter, with particular regard to the tendering procedures required by the Agreement or otherwise agreed to by a country or instrumentality likely to be designated pursuant to section 2511(b) of this title.

(b) Rules of origin
(1) Advisory rulings and final determinations

For the purposes of this subchapter, the Secretary of the Treasury shall provide for the prompt issuance of advisory rulings and final determinations on whether, under section 2518(4)(B) of this title, an article is or would be a product of a foreign country or instrumentality designated pursuant to section 2511(b) of this title.

(2) Penalties for fraudulent conduct

In addition to any other provisions of law which may be applicable, section 1001 of title 18 shall apply to fraudulent conduct with respect to the origin of products for purposes of qualifying for a waiver under section 2511 of this title or avoiding a prohibition under section 2512 of this title.

(c) Report to Congress on rules of origin
(1) Domestic administrative practices

As soon as practicable after the close of the two-year period beginning on the date on which any waiver under section 2511(a) of this title first takes effect, the President shall prepare and transmit to Congress a report containing an evaluation of administrative practices under any provision of law which requires determinations to be made of the country of origin of goods, products, commodities, or other articles of commerce. Such evaluation shall be accompanied by the President’s recommendations for legislative and executive measures required to improve and simplify and to make more uniform and consistent such practices. Such evaluation and recommendations shall take into account the special problems affecting insular possessions of the United States with respect to such practices.

(2) Foreign administrative practices

The report required under paragraph (1) shall contain an evaluation of the administrative practices under the laws of each major industrial country which require determinations to be made of the country of origin of goods, products, commodities, or other articles of commerce, including an assessment of such practices on the exports of the United States.

Source credit: (Pub. L. 96–39, title III, § 305, July 26, 1979, 93 Stat. 239; Pub. L. 100–418, title VII, § 7003, Aug. 23, 1988, 102 Stat. 1548; Pub. L. 103–465, title III, §§ 341, 342(c), 343(c), Dec. 8, 1994, 108 Stat. 4951, 4953, 4955; Pub. L. 104–295, § 20(c)(10), (13), Oct. 11, 1996, 110 Stat. 3528.)

history & why it existsrecord from the source credit
  • 1979Enacted · Pub. L. 96-39 · 93 Stat. 239
  • 1988Amended · Pub. L. 100-418 · 102 Stat. 1548
  • 1994Amended · Pub. L. 103-465 · 108 Stat. 4951, 4953, 4955
  • 1996Amended · Pub. L. 104-295 · 110 Stat. 3528

A history note hasn’t been published yet. The record shows enactment by Pub. L. 96-39 on 1979-07-26.

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