r/title-19-CUSTOMS-DUTIES wiki — defined terms
The statute’s own glossary: every term Title 19 defines, in section order.
“complex” applies in that section
the term “complex” means— (i) there are a large number of alleged countervailable subsidy practices and the practices are complicated, (ii) the issues raised are novel, or (iii) the number of exporters involved is large. (d) Additional rules and conditions (1) Public interest; monitoring The administering authority shall not accept an agreement under subsection (b) or (c) unless— (A) it is satisfied that suspension of the investigation is in the public interest, and (B) effective monitoring of the agreement by the United States is practicable.
“extraordinary circumstances” applies in that section
the term “extraordinary circumstances” means circumstances in which— (i) suspension of an investigation will be more beneficial to the domestic industry than continuation of the investigation, and (ii) the investigation is complex. (B) Complex For purposes of this paragraph,
“ministerial error” applies in that section
the term “ministerial error” includes errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.
“additional supplier country” applies in that section
the term “additional supplier country” means a country regarding which no antidumping investigation is currently pending, and no antidumping duty order is currently in effect, with respect to imports of the class or kind of merchandise covered by subparagraph (A). (D) Expeditious action The administering authority and the Commission, to the extent practicable, shall expedite proceedings under this part undertaken as a result of a formal investigation initiated under subparagraph (B).
“domestic producers or workers” applies in that section
the term “domestic producers or workers” means those interested parties who are eligible to file a petition under subsection (b)(1). (d) Notification to Commission of determination The administering authority shall— (1) notify the Commission immediately of any determination it makes under subsection (a) or (c), and (2) if the determination is affirmative, make available to the Commission such information as it may have relating to the matter under investigation, under such procedures as the administering authority and the Commission may establish to prevent disclosure, other than with the consent of the party providing it or under protective order, of any information to which confidential …
“multiple offender” applies in that section
The term “multiple offender” means a manufacturer that is specified in 3 or more affirmative dumping determinations (within the meaning of section 1673h of this title ) as the manufacturer of short life cycle merchandise that is— (I) specified in each of such determinations, and (II) within the scope of the product category referred to in subparagraph (B).
“second offender” applies in that section
The term “second offender” means a manufacturer that is specified in 2 affirmative dumping determinations (within the meaning of section 1673h of this title ) as the manufacturer of short life cycle merchandise that is— (I) specified in both such determinations, and (II) within the scope of the product category referred to in subparagraph (B).;
“complex” applies in that section
the term “complex” means— (i) there are a large number of transactions to be investigated or adjustments to be considered, (ii) the issues raised are novel, or (iii) the number of firms involved is large. (d) Additional rules and conditions The administering authority may not accept an agreement under subsection (b) or (c) unless— (1) it is satisfied that suspension of the investigation is in the public interest, and (2) effective monitoring of the agreement by the United States is practicable.
“extraordinary circumstances” applies in that section
the term “extraordinary circumstances” means circumstances in which— (i) suspension of an investigation will be more beneficial to the domestic industry than continuation of the investigation, and (ii) the investigation is complex. (B) “Complex” defined For purposes of this paragraph,
“ministerial error” applies in that section
the term “ministerial error” includes errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.
“affirmative dumping determination” applies in that section
The term “affirmative dumping determination” means— (A) any affirmative final determination made by the administering authority under section 1673d(a) of this title during the 8-year period preceding the filing of the petition under this section that results in the issuance of an antidumping duty order under section 1673e of this title which requires the deposit of estimated antidumping duties at a rate of not less than 15 percent ad valorem, or (B) any affirmative preliminary determination that— (i) is made by the administering authority under section 1673b(b) of this title during the 8-year period preceding the filing of the petition under this section in the course of an investigation …
“eligible domestic entity” applies in that section
The term “eligible domestic entity” means a manufacturer or producer in the United States, or a certified union or recognized union or group of workers which is representative of an industry in the United States, that manufactures or produces short life cycle merchandise that is— (A) like or directly competitive with other merchandise that is the subject of 2 or more affirmative dumping determinations, or (B) is similar enough to such other merchandise as to be considered for inclusion with such merchandise in a product monitoring category established under this section. (2) Affirmative dumping determination
“short life cycle merchandise” applies in that section
The term “short life cycle merchandise” means any product that the Commission determines is likely to become outmoded within 4 years, by reason of technological advances, after the product is commercially available. For purposes of this paragraph, the term “outmoded” refers to a kind of style that is no longer state-of-the-art.
“ministerial error” applies in that section
the term “ministerial error” includes errors in addition, subtraction, or other arithmetic function, clerical errors resulting from inaccurate copying, duplication, or the like, and any other type of unintentional error which the administering authority considers ministerial.
“transition order” applies in that section
the term “transition order” means— (i) a countervailing duty order under this subtitle or under section 1303 1 of this title, (ii) an antidumping duty order under this subtitle or a finding under the Antidumping Act, 1921, or (iii) a suspension of an investigation under section 1671c or 1673c of this title, which is in effect on the date the WTO Agreement enters into force with respect to the United States.
“administering authority” applies in that section
The term “administering authority” means the Secretary of Commerce, or any other officer of the United States to whom the responsibility for carrying out the duties of the administering authority under this subtitle are transferred by law. (2) Commission
“Agreement on Agriculture” applies in that section
The term “Agreement on Agriculture” means the Agreement on Agriculture referred to in section 3511(d)(2) of this title . (9) Interested party
“authority” applies in that section
the term “authority” means a government of a country or any public entity within the territory of the country. (C) Other factors The determination of whether a subsidy exists shall be made without regard to whether the recipient of the subsidy is publicly or privately owned and without regard to whether the subsidy is provided directly or indirectly on the manufacture, production, or export of merchandise. The administering authority is not required to consider the effect of the subsidy in determining whether a subsidy exists under this paragraph. (D) Financial contribution
“Commission” applies in that section
The term “Commission” means the United States International Trade Commission. (3) Country
“country” applies in that section
The term “country” means a foreign country, a political subdivision, dependent territory, or possession of a foreign country, and, except for the purpose of antidumping proceedings, may include an association of 2 or more foreign countries, political subdivisions, dependent territories, or possessions of countries into a customs union outside the United States. (4) Industry (A) In general
“developing country” applies in that section
The term “developing country” means a country designated as a developing country by the Trade Representative. (B) Least developed country
“domestic like product” applies in that section
The term “domestic like product” means a product which is like, or in the absence of like, most similar in characteristics and uses with, the article subject to an investigation under this subtitle. (11) Affirmative determinations by divided Commission If the Commissioners voting on a determination by the Commission, including a determination under section 1675 of this title , are evenly divided as to whether the determination should be affirmative or negative, the Commission shall be deemed to have made an affirmative determination.
“dumping margin” applies in that section
The term “dumping margin” means the amount by which the normal value exceeds the export price or constructed export price of the subject merchandise. (B) Weighted average dumping margin The term “weighted average dumping margin” is the percentage determined by dividing the aggregate dumping margins determined for a specific exporter or producer by the aggregate export prices and constructed export prices of such exporter or producer.
“entry” applies in that section
The term “entry” includes, in appropriate circumstances as determined by the administering authority, a reconciliation entry created under a reconciliation process, defined in section 1401(s) of this title , that is initiated by an importer. The liability of an importer under an antidumping or countervailing duty proceeding for entries of merchandise subject to the proceeding will attach to the corresponding reconciliation entry or entries.
“existing facilities” applies in that section
the term “existing facilities” means facilities that have been in operation for at least 2 years before the date on which the new environmental requirements are imposed. (E) Notified subsidy program (i) General rule If a subsidy is provided pursuant to a program that has been notified in accordance with Article 8.3 of the Subsidies Agreement, the subsidy shall be treated as noncountervailable and shall not be subject to investigation or review under this subtitle.
“exporter or producer” applies in that section
The term “exporter or producer” means the exporter of the subject merchandise, the producer of the subject merchandise, or both where appropriate. For purposes of section 1677b of this title ,
“financial contribution” applies in that section
The term “financial contribution” means— (i) the direct transfer of funds, such as grants, loans, and equity infusions, or the potential direct transfer of funds or liabilities, such as loan guarantees, (ii) foregoing or not collecting revenue that is otherwise due, such as granting tax credits or deductions from taxable income, (iii) providing goods or services, other than general infrastructure, or (iv) purchasing goods.
“foreign like product” applies in that section
The term “foreign like product” means merchandise in the first of the following categories in respect of which a determination for the purposes of part II of this subtitle can be satisfactorily made: (A) The subject merchandise and other merchandise which is identical in physical characteristics with, and was produced in the same country by the same person as, that merchandise. (B) Merchandise— (i) produced in the same country and by the same person as the subject merchandise, (ii) like that merchandise in component material or materials and in the purposes for which used, and (iii) approximately equal in commercial value to that merchandise.
“GATT 1994” applies in that section
The term “GATT 1994” means the General Agreement on Tariffs and Trade annexed to the WTO Agreement. (32) Trade representative
“general framework of regional development” applies in that section
The term “general framework of regional development” means that the regional subsidy programs are part of an internally consistent and generally applicable regional development policy, and that regional development subsidies are not granted in isolated geographical points having no, or virtually no, influence on the development of a region. (II) Neutral and objective criteria
“industrial research” applies in that section
The term “industrial research” means planned search or critical investigation aimed at the discovery of new knowledge, with the objective that such knowledge may be useful in developing new products, processes, or services, or in bringing about a significant improvement to existing products, processes, or services. (II) Precompetitive development activity
“industry” applies in that section
The term “industry” means the producers as a whole of a domestic like product, or those producers whose collective output of a domestic like product constitutes a major proportion of the total domestic production of the product. (B) Related parties (i) If a producer of a domestic like product and an exporter or importer of the subject merchandise are related parties, or if a producer of the domestic like product is also an importer of the subject merchandise, the producer may, in appropriate circumstances, be excluded from the industry.
“interested party” applies in that section
The term “interested party” means— (A) a foreign manufacturer, producer, or exporter, or the United States importer, of subject merchandise or a trade or business association a majority of the members of which are producers, exporters, or importers of such merchandise, (B) the government of a country in which such merchandise is produced or manufactured or from which such merchandise is exported, (C) a manufacturer, producer, or wholesaler in the United States of a domestic like product, (D) a certified union or recognized union or group of workers which is representative of an industry engaged in the manufacture, production, or wholesale in the United States of a domestic like product, (E) …
“least developed country” applies in that section
The term “least developed country” means a country which the Trade Representative determines is— (i) a country referred to as a least developed country within the meaning of paragraph (a) of Annex VII to the Subsidies Agreement, or (ii) any other country listed in Annex VII to the Subsidies Agreement, but only if the country has a per capita gross national product of less than $1,000 per annum as measured by the most recent data available from the World Bank.
“material injury” applies in that section
The term “material injury” means harm which is not inconsequential, immaterial, or unimportant. (B) Volume and consequent impact In making determinations under sections 1671b(a), 1671d(b), 1673b(a), and 1673d(b) of this title, the Commission, in each case— (i) shall consider— (I) the volume of imports of the subject merchandise, (II) the effect of imports of that merchandise on prices in the United States for domestic like products, and (III) the impact of imports of such merchandise on domestic producers of domestic like products, but only in the context of production operations within the United States; and (ii) may consider such other economic factors as are relevant to the determination …
“neutral and objective criteria” applies in that section
The term “neutral and objective criteria” means criteria that do not favor certain regions beyond what is appropriate for the elimination or reduction of regional disparities within the framework of the regional development policy.
“nonmarket economy country” applies in that section
The term “nonmarket economy country” means any foreign country that the administering authority determines does not operate on market principles of cost or pricing structures, so that sales of merchandise in such country do not reflect the fair value of the merchandise.
“objective criteria or conditions” applies in that section
the term “objective criteria or conditions” means criteria or conditions that are neutral and that do not favor one enterprise or industry over another. (iii) Where there are reasons to believe that a subsidy may be specific as a matter of fact, the subsidy is specific if one or more of the following factors exist: (I) The actual recipients of the subsidy, whether considered on an enterprise or industry basis, are limited in number. (II) An enterprise or industry is a predominant user of the subsidy. (III) An enterprise or industry receives a disproportionately large amount of the subsidy.
“ordinary course of trade” applies in that section
The term “ordinary course of trade” means the conditions and practices which, for a reasonable time prior to the exportation of the subject merchandise, have been normal in the trade under consideration with respect to merchandise of the same class or kind. The administering authority shall consider the following sales and transactions, among others, to be outside the ordinary course of trade: (A) Sales disregarded under section 1677b(b)(1) of this title . (B) Transactions disregarded under section 1677b(f)(2) of this title .
“precompetitive development activity” applies in that section
The term “precompetitive development activity” means the translation of industrial research findings into a plan, blueprint, or design for new, modified, or improved products, processes, or services, whether intended for sale or use, including the creation of a first prototype that would not be capable of commercial use. The term also may include the conceptual formulation and design of products, processes, or services alternatives and initial demonstration or pilot projects, if these same projects cannot be converted or used for industrial application or commercial exploitation.
“raw agricultural product” applies in that section
the term “raw agricultural product” means any farm or fishery product. (v) Termination of this subparagraph This subparagraph shall cease to have effect if the United States Trade Representative notifies the administering authority and the Commission that the application of this subparagraph is inconsistent with the international obligations of the United States. (5) Countervailable subsidy (A) In general Except as provided in paragraph (5B), a countervailable subsidy is a subsidy described in this paragraph which is specific as described in paragraph (5A).
“regional industry” applies in that section
The term “regional industry” means the domestic producers within a region who are treated as a separate industry under this subparagraph. (D) Product lines The effect of dumped imports or imports of merchandise benefiting from a countervailable subsidy shall be assessed in relation to the United States production of a domestic like product if available data permit the separate identification of production in terms of such criteria as the production process or the producer’s profits.
“section 1303” applies in that section
The terms “section 1303” and “1303” mean section 1303 of this title as in effect on the day before the effective date of title II of the Uruguay Round Agreements Act. (27) Suspension agreement
“sold or, in the absence of sales, offered for sale” applies in that section
The term “sold or, in the absence of sales, offered for sale” means sold or, in the absence of sales, offered— (A) to all purchasers in commercial quantities, or (B) in the ordinary course of trade to one or more selected purchasers in commercial quantities at a price which fairly reflects the market value of the merchandise, without regard to restrictions as to the disposition or use of the merchandise by the purchaser except that, where such restrictions are found to affect the market value of the merchandise, adjustment shall be made therefor in calculating the price at which the merchandise is sold or offered for sale. (15) Ordinary course of trade
“subject merchandise” applies in that section
The term “subject merchandise” means the class or kind of merchandise that is within the scope of an investigation, a review, a suspension agreement, an order under this subtitle or section 1303 of this title , or a finding under the Antidumping Act, 1921. (26) Section 1303
“Subsidies Agreement” applies in that section
The term “Subsidies Agreement” means the Agreement on Subsidies and Countervailing Measures referred to in section 3511(d)(12) of this title . (B) Agreement on Agriculture
“suspension agreement” applies in that section
The term “suspension agreement” means an agreement described in section 1671c(b), 1671c(c), 1673c(b), 1673c(c), or 1673c( l ) of this title. (28) Exporter or producer
“Trade Representative” applies in that section
The term “Trade Representative” means the United States Trade Representative. (33) Affiliated persons The following persons shall be considered to be “affiliated” or “affiliated persons”: (A) Members of a family, including brothers and sisters (whether by the whole or half blood), spouse, ancestors, and lineal descendants. (B) Any officer or director of an organization and such organization. (C) Partners. (D) Employer and employee. (E) Any person directly or indirectly owning, controlling, or holding with power to vote, 5 percent or more of the outstanding voting stock or shares of any organization and such organization.
“United States-Canada Agreement” applies in that section
The term “United States-Canada Agreement” means the United States-Canada Free-Trade Agreement. (22) USMCA
“USMCA” applies in that section
The term “USMCA” has the meaning given that term in section 4502 of this title . (23) Entry
“WTO Agreement” applies in that section
The term “WTO Agreement” means the Agreement defined in section 3501(9) of this title . (30) WTO member and WTO member country
“WTO member” applies in that section
The terms “WTO member” and “WTO member country” mean a state, or separate customs territory (within the meaning of Article XII of the WTO Agreement), with respect to which the United States applies the WTO Agreement. (31) GATT 1994
“WTO member country” applies in that section
The terms “WTO member” and “WTO member country” mean a state, or separate customs territory (within the meaning of Article XII of the WTO Agreement), with respect to which the United States applies the WTO Agreement. (31) GATT 1994
“WTO member market” applies in that section
the term “WTO member market” means the market of any country which is a WTO member. (III) European Communities For purposes of this clause, the European Communities shall be treated as a foreign country.
“applicable percentage” applies in that section
The term “applicable percentage” means the percentage determined by dividing the total United States expenses by the total expenses. (B) Total United States expenses
“constructed export price” applies in that section
The term “constructed export price” means the price at which the subject merchandise is first sold (or agreed to be sold) in the United States before or after the date of importation by or for the account of the producer or exporter of such merchandise or by a seller affiliated with the producer or exporter, to a purchaser not affiliated with the producer or exporter, as adjusted under subsections (c) and (d).
“export price” applies in that section
The term “export price” means the price at which the subject merchandise is first sold (or agreed to be sold) before the date of importation by the producer or exporter of the subject merchandise outside of the United States to an unaffiliated purchaser in the United States or to an unaffiliated purchaser for exportation to the United States, as adjusted under subsection (c). (b) Constructed export price
“total actual profit” applies in that section
The term “total actual profit” means the total profit earned by the foreign producer, exporter, and affiliated parties described in subparagraph (C) with respect to the sale of the same merchandise for which total expenses are determined under such subparagraph.
“total expenses” applies in that section
The term “total expenses” means all expenses in the first of the following categories which applies and which are incurred by or on behalf of the foreign producer and foreign exporter of the subject merchandise and by or on behalf of the United States seller affiliated with the producer or exporter with respect to the production and sale of such merchandise: (i) The expenses incurred with respect to the subject merchandise sold in the United States and the foreign like product sold in the exporting country if such expenses were requested by the administering authority for the purpose of establishing normal value and constructed export price.
“total United States expenses” applies in that section
The term “total United States expenses” means the total expenses described in subsection (d)(1) and (2). (C) Total expenses
“extended period of time” applies in that section
The term “extended period of time” means a period that is normally 1 year, but not less than 6 months. (C) Substantial quantities Sales made at prices below the cost of production have been made in substantial quantities if— (i) the volume of such sales represents 20 percent or more of the volume of sales under consideration for the determination of normal value, or (ii) the weighted average per unit price of the sales under consideration for the determination of normal value is less than the weighted average per unit cost of production for such sales.
“authorized persons” applies in that section
the term “authorized persons” means— (i) the members of, and the appropriate staff of, the binational panel or the extraordinary challenge committee, as the case may be, and the Secretariat, (ii) counsel for parties to such panel or committee proceeding, and employees, and persons under the direction and control, of such counsel, (iii) any officer or employee of the United States Government designated by the administering authority or the Commission, as appropriate, to whom disclosure is necessary in order to make recommendations to the Trade Representative regarding the convening of extraordinary challenge committees under chapter 19 of the Agreement or chapter 10 of the USMCA, and (iv) …
“component part” applies in that section
The term “component part” means any imported article that— (A) during the 5-year period ending on the date on which the petition is filed under subsection (a), has been subject to— (i) a countervailing or antidumping duty order issued under this subtitle or section 1303 1 of this title that requires the deposit of estimated countervailing or antidumping duties imposed at a rate of at least 15 percent ad valorem, or (ii) an agreement entered into under section 1671c, 1673c, or 1303 1 of this title after a preliminary affirmative determination under section 1671b(b), 1673b(b)(1), or 1303 1 of this title was made by the administering authority which included a determination that the estimated …
“downstream product” applies in that section
The term “downstream product” means any manufactured article— (A) which is imported into the United States, and (B) into which is incorporated any component part.
“Agreement” applies in that section
The term “Agreement” means the Agreement on Implementation of Article VI of the GATT 1994 (relating to antidumping measures).;
“Agreement country” applies in that section
The term “Agreement country” means a foreign country that has accepted the Agreement.;
“GATT 1994” applies in that section
The term “GATT 1994” has the meaning given that term in section 3501(1)(B) of this title .;
“Trade Representative” applies in that section
The term “Trade Representative” means the United States Trade Representative. (b) Petition by domestic industry (1) A domestic industry that produces a product that is like or directly competitive with merchandise produced by a foreign country (whether or not an Agreement country) may, if it has reason to believe that— (A) such merchandise is being dumped in an Agreement country; and (B) such domestic industry is being materially injured, or threatened with material injury, by reason of such dumping; submit a petition to the Trade Representative that alleges the elements referred to in subparagraphs (A) and (B) and requests the Trade Representative to take action under subsection (c) on …
“upstream subsidy” applies in that section
The term “upstream subsidy” means any countervailable subsidy, other than an export subsidy, that— (1) is paid or bestowed by an authority (as defined in section 1677(5) of this title ) with respect to a product (hereafter in this section referred to as an “input product”) that is used in the same country as the authority in the manufacture or production of merchandise which is the subject of a countervailing duty proceeding; (2) in the judgment of the administering authority bestows a competitive benefit on the merchandise; and (3) has a significant effect on the cost of manufacturing or producing the merchandise.
“delivery sale” applies in that section
The term “delivery sale” means any sale of cigarettes or a smokeless tobacco product to a consumer if— (A) the consumer submits the order for such sale by means of a telephone or other method of voice transmission, the mail, or the Internet or other online service, or the seller is otherwise not in the physical presence of the buyer when the request for purchase or order is made; or (B) the cigarettes or smokeless tobacco product is delivered by use of a common carrier, private delivery service, or the mail, or the seller is not in the physical presence of the buyer when the buyer obtains personal possession of the delivered cigarettes or smokeless tobacco product.
“Secretary” applies in that section
the term “Secretary” means the Secretary of the Treasury. (2) Primary packaging The term “primary packaging” refers to the permanent packaging inside of the innermost cellophane or other transparent wrapping and labels, if any. Warnings or other statements shall be deemed “permanently imprinted” only if printed directly on such primary packaging and not by way of stickers or other similar devices. (3) Delivery sale
“appropriate congressional committees” applies in that section
The term “appropriate congressional committees” means the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives. (2) Country of export
“country of export” applies in that section
The term “country of export” means the country (including any political subdivision of the country) from which softwood lumber or a softwood lumber product is exported before entering the United States. (3) Customs laws of the United States
“customs laws of the United States” applies in that section
The term “customs laws of the United States” means any law or regulation enforced or administered by U.S. Customs and Border Protection. (4) Export charges
“export charges” applies in that section
The term “export charges” means any tax, charge, or other fee collected by the country from which softwood lumber or a softwood lumber product, described in section 1683b(a) of this title , is exported pursuant to an international agreement entered into by that country and the United States. (5) Export price (A) In general
“export price” applies in that section
The term “export price” means one of the following: (i) In the case of softwood lumber or a softwood lumber product that has undergone only primary processing, the value that would be determined F.O.B. at the facility where the product underwent the last primary processing before export. (ii) (I) In the case of softwood lumber or a softwood lumber product described in subclause (II), the value that would be determined F.O.B. at the facility where the lumber or product underwent the last primary processing.
“F.O.B.” applies in that section
The term “F.O.B.” means a value consisting of all charges payable by a purchaser, including those charges incurred in the placement of merchandise on board of a conveyance for shipment, but does not include the actual shipping charges or any applicable export charges. (7) HTS
“HTS” applies in that section
The term “HTS” means the Harmonized Tariff Schedule of the United States ( 19 U.S.C. 1202 ) (as in effect on January 1, 2008 ). (8) Person
“person” applies in that section
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. (9) United States
“tenure rights” applies in that section
the term “tenure rights” means rights to harvest timber from public land granted by the country of export. (D) Export price where F.O.B. value cannot be determined (i) In general In the case of softwood lumber or a softwood lumber product described in clause (i), (ii), or (iii) of subparagraph (A) for which an F.O.B. value cannot be determined, the export price shall be the market price for the identical lumber or product sold in an arm’s-length transaction in the country of export at approximately the same time as the exported lumber or product.
“United States” applies in that section
The term “United States” means the customs territory of the United States, as defined in General Note 2 of the HTS.
“customs waters” applies in that section
The term “customs waters” means, in the case of a foreign vessel subject to a treaty or other arrangement between a foreign government and the United States enabling or permitting the authorities of the United States to board, examine, search, seize, or otherwise to enforce upon such vessel upon the high seas the laws of the United States, the waters within such distance of the coast of the United States as the said authorities are or may be so enabled or permitted by such treaty or arrangement and, in the case of every other vessel, the waters within four leagues of the coast of the United States.;
“hovering vessel” applies in that section
The term “hovering vessel” means any vessel which is found or kept off the coast of the United States within or without the customs waters, if, from the history, conduct, character, or location of the vessel, it is reasonable to believe that such vessel is being used or may be used to introduce or promote or facilitate the introduction or attempted introduction of merchandise into the United States in violation of the laws respecting the revenue.
“officer of the customs” applies in that section
The term “officer of the customs” means any officer of the Customs Service or any commissioned, warrant, or petty officer of the Coast Guard, or agent or other person authorized by law or by the Secretary of the Treasury, or appointed in writing by a collector, to perform the duties of an officer of the Customs Service.;
“fair” applies throughout its chapter
The term “fair” means any fair, exhibition, or exposition designated by the Secretary of Commerce pursuant to this section. (2) The term “closing date” in the case of any fair means the date designated pursuant to subsection (a)(3) as the date when the fair will close, or (if earlier) the date on which such fair actually closes. (c) Regulations The Secretary of Commerce may prescribe such regulations as he deems necessary or appropriate to carry out the provisions of this section.
“duty or other import restriction” applies throughout its chapter
The term “duty or other import restriction” includes (A) the rate and form of an import duty, and (B) a limitation, prohibition, charge, and exaction other than duty, imposed on importation or imposed for the regulation of imports. (3) to (5) Repealed. Pub. L. 93–618, title VI, § 602(d) , Jan. 3, 1975 , 88 Stat. 2072 . (6) The term “modification”, as applied to any duty or other import restriction, includes the elimination of any duty.
“disapproval resolution” applies in that section
the term “disapproval resolution” means only a joint resolution of either House of Congress the matter after the resolving clause of which is as follows: “That the Congress disapproves the action taken under section 232 of the Trade Expansion Act of 1962 with respect to petroleum imports under ______ dated ______.”, the first blank space being filled with the number of the proclamation, Executive order, or other Executive act issued under the authority of subsection (c) of this section for purposes of adjusting imports of petroleum or petroleum products and the second blank being filled with the appropriate date.
“existing on July 1, 1934” applies in that section
the term “existing on July 1, 1934 ” has the meaning assigned to such term by paragraph (5) of section 1886 1 of this title. (c) Reduction, termination, or extension of increase in, or imposition of, any duty or other import restriction (1) Any increase in, or imposition of, any duty or other import restriction proclaimed pursuant to this section or section 7 of the Trade Agreements Extension Act of 1951— (A) may be reduced or terminated by the President when he determines, after taking into account the advice received from the United States International Trade Commission under subsection (d)(2) and after seeking advice of the Secretary of Commerce and the Secretary of Labor, that such …
“Commercial Operations Advisory Committee” applies in that section
The term “Commercial Operations Advisory Committee” means the Advisory Committee established pursuant to section 9503(c) of the Omnibus Budget Reconciliation Act of 1987 ( 19 U.S.C. 2071 note) 2 or any successor committee.
“Commissioner” applies in that section
The term “Commissioner” means the Commissioner responsible for the United States Customs and Border Protection in the Department of Homeland Security. (2) Commercial Operations Advisory Committee
“Commissioner” applies in that section
the term “Commissioner” means the Commissioner responsible for United States Customs and Border Protection in the Department of Homeland Security.
“employees” applies in that section
The term “employees” means employees, as defined in section 2105 of title 5 , of the Service.;
“undercover investigative operation” applies in that section
The terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Service— (A) in which— (i) the gross receipts (excluding interest earned) exceed $50,000, or (ii) expenditures (other than expenditures for salaries of employees) exceed $150,000; and (B) which is exempt from section 3302 or 9102 of title 31; except that subparagraphs (A) and (B) shall not apply with respect to the report required under paragraph (2) of subsection (d) of this section.
“undercover operation” applies in that section
The terms “undercover investigative operation” and “undercover operation” mean any undercover investigative operation of the Service— (A) in which— (i) the gross receipts (excluding interest earned) exceed $50,000, or (ii) expenditures (other than expenditures for salaries of employees) exceed $150,000; and (B) which is exempt from section 3302 or 9102 of title 31; except that subparagraphs (A) and (B) shall not apply with respect to the report required under paragraph (2) of subsection (d) of this section.
“customs and trade laws of the United States” applies in that section
the terms “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of this title .
“Office of International Trade” applies in that section
the term “Office of International Trade” means the Office of International Trade established by section 2072 of this title and as in effect on the day before February 24, 2016 . (2) Other transfers (A) In general The Commissioner of U.S. Customs and Border Protection is authorized to transfer any other assets, functions, or personnel within U.S. Customs and Border Protection to the Office of Trade established under subsection (a). (B) Congressional notification Not less than 90 days prior to the transfer of assets, functions, personnel, or liabilities under subparagraph (A), the Commissioner of U.S.
“trade enforcement” applies in that section
the terms “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of this title .
“trade facilitation” applies in that section
the terms “customs and trade laws of the United States”, “trade enforcement”, and “trade facilitation” have the meanings given such terms in section 4301 of this title .
“pre-Columbian monumental or architectural sculpture or mural” applies throughout its chapter
The term “pre-Columbian monumental or architectural sculpture or mural” means— (A) any stone carving or wall art which— (i) is the product of a pre-Columbian Indian culture of Mexico, Central America, South America, or the Caribbean Islands; (ii) was an immobile monument or architectural structure or was a part of, or affixed to, any such monument or structure; and (iii) is subject to export control by the country of origin; or (B) any fragment or part of any stone carving or wall art described in subparagraph (A) of this paragraph.
“Secretary” applies throughout its chapter
The term “Secretary” means the Secretary of the Treasury.;
“United States” applies throughout its chapter
The term “United States” includes the several States, the District of Columbia, and the Commonwealth of Puerto Rico.;
“barrier” applies in that section
the term “barrier” includes— (A) the American selling price basis of customs evaluation as defined in section 1401a or 1402 of this title, as appropriate, and (B) any duty or other import restriction;
“distortion” applies in that section
the term “distortion” includes a subsidy; and;
“international trade” applies in that section
the term “international trade” includes— (A) trade in both goods and services, and (B) foreign direct investment by United States persons, especially if such investment has implications for trade in goods and services.
“barriers to, or other distortions of, international trade in services” applies in that section
the term “barriers to, or other distortions of, international trade in services” includes, but is not limited to— (1) barriers to establishment in foreign markets, and (2) restrictions on the operation of enterprises in foreign markets, including— (A) direct or indirect restrictions on the transfer of information into, or out of, the country or instrumentality concerned, and (B) restrictions on the use of data processing facilities within or outside of such country or instrumentality.
“services” applies in that section
the term “services” means economic activities whose outputs are other than tangible goods. Such term includes, but is not limited to, banking, insurance, transportation, postal and delivery services, communications and data processing, retail and wholesale trade, advertising, accounting, construction, design and engineering, management consulting, real estate, professional services, entertainment, education, health care, and tourism.
“non-Federal government” applies in that section
the term “non-Federal government” means— (1) any State, territory, or possession of the United States, or the District of Columbia, or any political subdivision thereof; or (2) any agency or instrumentality of any entity described in paragraph (1).
“unfair trade practice” applies in that section
the term “unfair trade practice” means any act, policy, or practice that— (A) may be a subsidy with respect to which countervailing duties may be imposed under subtitle A of title VII [ 19 U.S.C. 1671 et seq.]; (B) may result in the sale or likely sale of foreign merchandise with respect to which antidumping duties may be imposed under subtitle B of title VII [ 19 U.S.C. 1673 et seq.]; (C) may be either an unfair method of competition, or an unfair act in the importation of articles into the United States, that is unlawful under section 337 [ 19 U.S.C. 1337 ]; or (D) may be an act, policy, or practice of a kind with respect to which action may be taken under subchapter III of this chapter.
“approval resolution” applies in that section
The term “approval resolution” means only a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress approves the extension of nondiscriminatory treatment with respect to the products of ____ transmitted by the President to the Congress on ____.”, the first blank space being filled with the name of the country involved and the second blank space being filled with the appropriate date.
“implementing bill” applies in that section
The term “implementing bill” means only a bill of either House of Congress which is introduced as provided in subsection (c) with respect to one or more trade agreements, or with respect to an extension described in section 3572(c)(3) of this title , submitted to the House of Representatives and the Senate under section 2112 of this title , section 3572 of this title , or section 4205(a)(1) of this title and which contains— (A) a provision approving such trade agreement or agreements or such extension, (B) a provision approving the statement of administrative action (if any) proposed to implement such trade agreement or agreements, and (C) if changes in existing laws or new statutory …
“implementing revenue bill or resolution” applies in that section
The term “implementing revenue bill or resolution” means an implementing bill, or approval resolution, which contains one or more revenue measures by reason of which it must originate in the House of Representatives.;
“resolution” applies in that section
the term “resolution” means only— (A) a joint resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the action taken by, or the determination of, the President under section 203 of the Trade Act of 1974 transmitted to the Congress on ___.”, the blank space being filled with the appropriate date; and (B) a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve ___ transmitted to the Congress on ___.”, with the first blank space being filled in accordance with paragraph (2), and the second blank space being filled …
“resolution” applies in that section
the term “resolution” means only a joint resolution of the two Houses of Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the extension of the authority contained in section 402(c) of the Trade Act of 1974 recommended by the President to the Congress on ___ with respect to ___.”, with the first blank space being filled with the appropriate date, and the second blank space being filled with the names of those countries, if any, with respect to which such extension of authority is not approved, and with the clause beginning with “with respect to” being omitted if the extension of the authority is not approved with respect to any …
“Member” applies in that section
the term “Member” includes any Delegate or Resident Commissioner.
“appropriate congressional committees” applies in that section
the term “appropriate congressional committees” means— (i) the Committee on Finance and the Committee on Appropriations of the Senate; and (ii) the Committee on Ways and Means and the Committee on Appropriations of the House of Representatives.
“electronic commerce” applies in that section
the term “electronic commerce” has the meaning given that term in section 1104(3) 5 of the Internet Tax Freedom Act.
“cultural industries” applies in that section
the term “cultural industries” means persons engaged in any of the following activities: (A) The publication, distribution, or sale of books, magazines, periodicals, or newspapers in print or machine readable form but not including the sole activity of printing or typesetting any of the foregoing. (B) The production, distribution, sale, or exhibition of film or video recordings. (C) The production, distribution, sale, or exhibition of audio or video music recordings. (D) The publication, distribution, or sale of music in print or machine readable form.
“persons that rely upon intellectual property protection” applies in that section
The term “persons that rely upon intellectual property protection” means persons involved in— (A) the creation, production or licensing of works of authorship (within the meaning of sections 102 and 103 of title 17) that are copyrighted, or (B) the manufacture of products that are patented or for which there are process patents.
“priority watch list” applies in that section
the term “priority watch list” means the priority watch list established by the Trade Representative pursuant to subsection (a). (h) Annual report Not later than 30 days after the date on which the Trade Representative submits the National Trade Estimate under section 2241(b) of this title , the Trade Representative shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on actions taken under this section during the 12 months preceding such report, and the reasons for such actions, including— (1) a list of any foreign countries identified under subsection (a); (2) a description of progress made in achieving …
“citrus product” applies in that section
The term “citrus product” means any processed oranges or grapefruit, or any orange or grapefruit juice, including concentrate. (B) A perishable agricultural product is any agricultural article, including livestock, regarding which the Trade Representative considers action under this section to be appropriate after taking into account— (i) whether the article has— (I) a short shelf life, (II) a short growing season, or (III) a short marketing period, (ii) whether the article is treated as a perishable product under any other Federal law or regulation; and (iii) any other factor considered appropriate by the Trade Representative.
“domestic industry” applies in that section
The term “domestic industry” means, with respect to an article, the producers as a whole of the like or directly competitive article or those producers whose collective production of the like or directly competitive article constitutes a major proportion of the total domestic production of such article.;
“GATT 1994” applies in that section
The term “GATT 1994” has the meaning given that term in section 3501(1)(B) of this title . (i) Limited disclosure of confidential business information under protective order The Commission shall promulgate regulations to provide access to confidential business information under protective order to authorized representatives of interested parties who are parties to an investigation under this section.
“provisional relief” applies in that section
The term “provisional relief” means— (i) any increase in, or imposition of, any duty; (ii) any modification or imposition of any quantitative restriction on the importation of an article into the United States; or (iii) any combination of actions under clauses (i) and (ii). (e) Commission recommendations (1) If the Commission makes an affirmative determination under subsection (b)(1), the Commission shall also recommend the action that would address the serious injury, or threat thereof, to the domestic industry and be most effective in facilitating the efforts of the domestic industry to make a positive adjustment to import competition.
“serious injury” applies in that section
The term “serious injury” means a significant overall impairment in the position of a domestic industry.;
“significant idling of productive facilities” applies in that section
The term “significant idling of productive facilities” includes the closing of plants or the underutilization of production capacity.;
“substantial cause” applies in that section
the term “substantial cause” means a cause which is important and not less than any other cause. (2) (A) Except as provided in subparagraph (B), the Commission shall make the determination under paragraph (1) within 120 days (180 days if the petition alleges that critical circumstances exist) after the date on which the petition is filed, the request or resolution is received, or the motion is adopted, as the case may be.
“Textiles Agreement” applies in that section
The term “Textiles Agreement” means the Agreement on Textiles and Clothing referred to in section 3511(d)(4) of this title .;
“threat of serious injury” applies in that section
The term “threat of serious injury” means serious injury that is clearly imminent. (d) Provisional relief (1) (A) An entity representing a domestic industry that produces a perishable agricultural product or citrus product that is like or directly competitive with an imported perishable agricultural product or citrus product may file a request with the Trade Representative for the monitoring of imports of that product under subparagraph (B).
“contributed importantly” applies in that section
The term “contributed importantly” means a cause which is important but not necessarily more important than any other cause. (2) (A) Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas shall be considered to be a firm producing oil or natural gas. (B) Any firm, or appropriate subdivision of a firm, that engages in exploration or drilling for oil or natural gas, or otherwise produces oil or natural gas, shall be considered to be producing articles directly competitive with imports of oil and with imports of natural gas. (3) Downstream producer .—
“downstream producer” applies in that section
The term “downstream producer” means a firm that performs additional, value-added production processes for a firm or subdivision, including a firm that performs final assembly or finishing, directly for another firm (or subdivision), for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm, if the certification of eligibility under subsection (a) is based on an increase in imports from, or a shift in production to, Canada or Mexico. (4) Supplier .—
“supplier” applies in that section
The term “supplier” means a firm that produces and supplies directly to another firm (or subdivision) component parts for articles that were the basis for a certification of eligibility under subsection (a) of a group of workers employed by such other firm.
“customized training” applies in that section
the term “customized training” means training that is— (1) designed to meet the special requirements of an employer or group of employers; (2) conducted with a commitment by the employer or group of employers to employ an individual upon successful completion of the training; and (3) for which the employer pays for a significant portion (but in no case less than 50 percent) of the cost of such training, as determined by the Secretary.
“suitable employment” applies in that section
the term “suitable employment” means, with respect to a worker, work of a substantially equal or higher skill level than the worker’s past adversely affected employment, and wages for such work at not less than 80 percent of the worker’s average weekly wage. (f) “Customized training” defined For purposes of this section,
“adversely affected employment” applies throughout its part
The term “adversely affected employment” means employment in a firm or appropriate subdivision of a firm, if workers of such firm or subdivision are eligible to apply for adjustment assistance under this part.;
“adversely affected worker” applies throughout its part
The term “adversely affected worker” means an individual who, because of lack of work in adversely affected employment— (A) has been totally or partially separated from such employment, or (B) has been totally separated from employment with the firm in a subdivision of which such adversely affected employment exists. (3) Repealed. Pub. L. 97–35, title XXV, § 2511(1) , Aug. 13, 1981 , 95 Stat. 888 .;
“average weekly hours” applies throughout its part
The term “average weekly hours” means the average hours worked by the individual (excluding overtime) in the employment from which he has been or claims to have been separated in the 52 weeks (excluding weeks during which the individual was sick or on vacation) preceding the week specified in the last sentence of paragraph (4).;
“average weekly wage” applies throughout its part
The term “average weekly wage” means one-thirteenth of the total wages paid to an individual in the high quarter. For purposes of this computation, the high quarter shall be that quarter in which the individual’s total wages were highest among the first 4 of the last 5 completed calendar quarters immediately before the quarter in which occurs the week with respect to which the computation is made. Such week shall be the week in which total separation occurred, or, in cases where partial separation is claimed, an appropriate week, as defined in regulations prescribed by the Secretary.;
“benefit period” applies throughout its part
The term “benefit period” means, with respect to an individual— (A) the benefit year and any ensuing period, as determined under applicable State law, during which the individual is eligible for regular compensation, additional compensation, or extended compensation, or (B) the equivalent to such a benefit year or ensuing period provided for under the applicable Federal unemployment insurance law.;
“job finding club” applies throughout its part
The term “job finding club” means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.
“job search program” applies throughout its part
The term “job search program” means a job search workshop or job finding club.;
“job search workshop” applies throughout its part
The term “job search workshop” means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings.;
“on-the-job training” applies throughout its part
The term “on-the-job training” means training provided by an employer to an individual who is employed by the employer. (17);
“partial separation” applies throughout its part
The term “partial separation” means, with respect to an individual who has not been totally separated, that he has had— (A) his hours of work reduced to 80 percent or less of his average weekly hours in adversely affected employment, and (B) his wages reduced to 80 percent or less of his average weekly wage in such adversely affected employment. (7) Repealed. Pub. L. 97–35, title XXV, § 2511(1) , Aug. 13, 1981 , 95 Stat. 888 .;
“State” applies throughout its part
The term “State” includes the District of Columbia and the Commonwealth of Puerto Rico; and the term “United States” when used in the geographical sense includes such Commonwealth.;
“State agency” applies throughout its part
The term “State agency” means the agency of the State which administers the State law.;
“State law” applies throughout its part
The term “State law” means the unemployment insurance law of the State approved by the Secretary of Labor under section 3304 of title 26 .;
“total separation” applies throughout its part
The term “total separation” means the layoff or severance of an individual from employment with a firm in which, or in a subdivision of which, adversely affected employment exists.;
“unemployment insurance” applies throughout its part
The term “unemployment insurance” means the unemployment compensation payable to an individual under any State law or Federal unemployment compensation law, including chapter 85 of title 5 and the Railroad Unemployment Insurance Act [ 45 U.S.C. 351 et seq.]. The terms “regular compensation”, “additional compensation”, and “extended compensation” have the same respective meanings that are given them in section 205(2), (3), and (4) of the Federal-State Extended Unemployment Compensation Act of 1970 ( 26 U.S.C. 3304 note).;
“week” applies throughout its part
The term “week” means a week as defined in the applicable State law.;
“week of unemployment” applies throughout its part
The term “week of unemployment” means a week of total, part-total, or partial unemployment as determined under the applicable State law or Federal unemployment insurance law.;